What is an administrative act in Vietnam? Which administrative act is not under the court's jurisdiction in administrative procedures in Vietnam?
What is an administrative act in Vietnam?
Pursuant to Clause 3, Article 3 of the 2015 Law on Administrative Procedures in Vietnam stipulating as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
...
3. Administrative act means an act taken by a state administrative agency or a competent person in this agency or another agency or organization assigned to perform the state administrative management to or not to perform its/his/her tasks or official duties in accordance with law.
Thus, administrative act means an act taken by a state administrative agency or a competent person in this agency or another agency or organization assigned to perform the state administrative management to or not to perform its/his/her tasks or official duties in accordance with law.
At the same time, based on Clause 4, Article 3 of the 2015 Law on Administrative Procedures in Vietnam stipulating as follows:
Administrative act over which a lawsuit is instituted means an act defined in Clause 3, Article 3 of the 2015 Law on Administrative Procedures in Vietnam which affects the exercise of the lawful rights and interests of an agency, organization or individual.
Thus, an administrative act over which a lawsuit is instituted means an act mentioned above which affects the exercise of the lawful rights and interests of an agency, organization or individual.
What is an administrative act in Vietnam? Which administrative act is not under the court's jurisdiction in administrative procedures in Vietnam?
Which administrative act is not under the court's jurisdiction in administrative procedures?
Pursuant to Article 30 of the 2015 Law on Administrative Procedures in Vietnam supplemented by Clause 7, Article 2 of the 2019 Law on Amendments to some articles of the Law on State Audit Office of Vietnam, stipulating as follows:
Lawsuits under jurisdiction of courts
1. Lawsuits over administrative acts, except:
a/ Administrative 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 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.
Thus, administrative acts that are not under the court's jurisdiction in administrative procedures include:
- Administrative acts pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;
- Internal administrative acts of agencies and organizations.
Which lawsuits over administrative acts are under the jurisdiction of the provincial-level court?
Pursuant to Article 32 of the 2015 Law on Administrative Procedures in Vietnam, supplemented by Clause 7, Article 2 of the 2019 Law on Amendments to some articles of the Law on State Audit Office of Vietnam, lawsuits over administrative acts falling under the jurisdiction of provincial-level courts include:
- Lawsuits over administrative acts of ministries, ministerial-level agencies, government-attached agencies, the Presidential Office, the National Assembly Office, the State Audit Office of Vietnam, the Supreme People’s Court and the Supreme People’s Procuracy, and administrative acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts.
In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits.
- Lawsuits over administrative acts of state agencies among those specified in Clause 1 of this Article, and administrative acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts.
In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits.
- Lawsuits over administrative acts of provincial-level state agencies within the same administrative boundaries with the courts and of competent persons in these state agencies.
- Lawsuits over administrative acts of district-level People’s Committees and district-level People’s Committee chairpersons within the same administrative boundaries with the courts.
- Lawsuits over administrative acts of overseas representative missions of the Socialist Republic of Vietnam or of competent persons in these missions, which are filed by plaintiffs whose places of residence are located within the same administrative boundaries with the courts.
In case plaintiffs have no places of residence in Vietnam, the People’s Court of Hanoi city or Ho Chi Minh City has jurisdiction to settle these lawsuits.
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