Are the lawsuits over administrative decisions against land expropriation in the fields of national defense under jurisdiction of the court of Vietnam?
- Which lawsuits over administrative decisions are not under jurisdiction of court of Vietnam?
- Are the lawsuits over administrative decisions against land expropriation in the fields of national defense under jurisdiction of the court of Vietnam?
- What is the jurisdiction of district-level courts in Vietnam?
Which lawsuits over administrative decisions are not under jurisdiction of court of Vietnam?
Pursuant to Clause 1, Article 30 of the 2015 Law on Administrative Procedures (supplemented by Clause 7 Article 2 of the 2019 Law on amendments to some Articles of the Law on State Audit Office of Vietnam) stipulates as follows:
Lawsuits under jurisdiction of courts
1. Lawsuits over administrative decisions or acts, except:
a/ Administrative decisions or acts pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;
b/ Court rulings or acts in the application of administrative handling measures or handling of acts obstructing procedural activities;
c/ Internal administrative decisions or acts of agencies and organizations.
2. Lawsuits over disciplinary decisions on dismissal of civil servants holding the position of general director of a general department or equivalent or lower position.
3. Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases, decisions to settle complaints about governmental auditing activities
4. Lawsuits over voter lists.
Accordingly, lawsuits over administrative decisions or acts, except:
- Administrative decisions or acts pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;
- Court rulings or acts in the application of administrative handling measures or handling of acts obstructing procedural activities;
- Internal administrative decisions or acts of agencies and organizations.
- Lawsuits over disciplinary decisions on dismissal of civil servants holding the position of general director of a general department or equivalent or lower position.
- Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases, decisions to settle complaints about governmental auditing activities
- Lawsuits over voter lists
Are the lawsuits over administrative decisions against land expropriation in the fields of national defense under jurisdiction of the court of Vietnam?
Are the lawsuits over administrative decisions against land expropriation in the fields of national defense under jurisdiction of the court of Vietnam?
Pursuant to subsection 3, Section V of Official Dispatch 206/TANDTC-PC in 2022, the instructions are as follows:
3. If the petitioner initiates a lawsuit against a decision on land expropriation related to a national defense project, can the court accept it?
According to the provisions of Point a, Clause 1, Article 30 of the 2015 Law on Administrative Procedures, complaints not falling within the jurisdiction of the Court include:
“a/ Administrative decisions or acts pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;”
Therefore, the Court needs to consider and evaluate documents and evidence to determine whether the land expropriation of that project is within the scope of state secrets in the field of national defense or not. If it is not in the above field, it is still under the jurisdiction of the Court.
Accordingly, administrative decisions and administrative acts falling within the scope of state secrets in the fields of national defense, security and diplomacy as prescribed by law are not within the jurisdiction of the Court.
Thus, according to the above provisions on the matter of accepting the petition of the petitioner of the decision on land recovery related to the defense project, the Court needs to consider and evaluate the documents and evidence to determine the collection of land acquisition decisions. land acquisition of that project is under the scope of state secrets in the field of national defense or not. If it is not in the above field, it is still under the jurisdiction of the Court.
View the full content of Official Dispatch 206/TANDTC-PC in 2022 about the TANDTC's resolution of problems in the trial of criminal, civil and administrative cases: Here
What is the jurisdiction of district-level courts in Vietnam?
Pursuant to Article 31 of the 2015 Law on Administrative Procedures:
Jurisdiction of district-level courts
District-level courts shall settle according to first-instance procedures:
1. Lawsuits over administrative decisions or acts of state administrative agencies at the district or lower level within the same administrative boundaries with courts or of competent persons in these agencies, except administrative decisions or acts of district-level People’s Committees and district-level People’s Committee chairpersons;
2. Lawsuits over disciplinary decisions on dismissal of civil servants under management by agencies or organizations at the district or lower level within the same administrative boundaries with courts, issued by heads of these agencies or organizations;
3. Lawsuits over voter lists made by agencies in charge of making voter lists within the same administrative boundaries with courts.
Accordingly, the district-level courts shall settle according to first-instance procedures:
- Lawsuits over administrative decisions or acts of state administrative agencies at the district or lower level within the same administrative boundaries with courts or of competent persons in these agencies, except administrative decisions or acts of district-level People’s Committees and district-level People’s Committee chairpersons;
- Lawsuits over disciplinary decisions on dismissal of civil servants under management by agencies or organizations at the district or lower level within the same administrative boundaries with courts, issued by heads of these agencies or organizations;
- Lawsuits over voter lists made by agencies in charge of making voter lists within the same administrative boundaries with courts.
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