08/08/2022 09:29

Vietnam: Issue regarding deadline for submitting decision to suspend the settlement of the case at the first-instance administrative court session

Vietnam: Issue regarding deadline for submitting decision to suspend the settlement of the case at the first-instance administrative court session

Currently, there are controversial opinions regarding the deadlines for submitting the decision to suspend the settlement of the case at the first-instance administrative court hearing according to the provisions of Vietnam's Law on Administrative Procedures, which requires more guidance.

Situation: At the first-instance administrative court hearing on June 21, 2022, the petitioner of Mr. Nguyen A died without a successor to the procedural rights and obligations. The first-instance trial panel decided to temporarily suspend the settlement of the administrative case. So, within how many days must the first-instance court send this suspension decision to the involved parties and the same-level procuracies? There are two views as follows:

The first point of view: Pursuant to Clause 2, Article 145 of the Law on Administrative Procedures, the time limit for sending a decision is 03 working days from the date of trial (June 21, 2022).

Second point of view: Pursuant to Clause 2, Article 196 of the Law on Administrative Procedures, the time limit for sending a decision is 07 days from the date of trial (June 21, 2022).

The author agrees with the second point of view, because:

Article 145 of the Law on Administrative Procedures stipulates the competence to issue decisions to suspend, decide to continue the settlement of the case, to decide to terminate the settlement of the case: "1. The judge assigned to settle the case has the authority to issue a decision to suspend, decide to continue the settlement of the case or decide to terminate the settlement of that case. 2. Within 03 working days from the date the judge issues one of the decisions specified in Clause 1 of this Article, the court must send that decision to the involved parties and the same-level procuracies."

Article 165 of the Law on Administrative Procedures provides for the temporary suspension or termination of the settlement of the case at the court hearing: "1. At the court hearing, if there is one of the cases specified at Points a, b, c, d and e, Clause 1, Article 141 of this Law, the trial panel shall issue a decision to suspend the settlement of the case."

Article 196 of the Law on Administrative Procedures provides for the issuance and submision of extracts of judgments: "2. Within 07 days from the date of judgment pronouncement, the court must issue and send the judgment to the involved parties and the procuracies of the same level."

Thus, Article 145 of the Law on Administrative Procedures "empowers" the Judge assigned to settle the case, to issue a decision to temporarily suspend the settlement of the administrative case before opening the trial and to force the Court. The court must send a decision to suspend the settlement of the administrative case within 3 working days from the date the judge issues the decision. As for the above situation, although it is still a decision to temporarily suspend the resolution of the administrative case, it is decided by the first-instance trial panel according to Clause 1, Article 165 of the Law on Administrative Procedures, so when applying the time limit of 03 The working days in Clause 2, Article 145 of the Law on Administrative Procedures make the time limit for sending the decision on suspension inappropriate. The author's opinion must apply "similar" to the time limit for sending the judgment as prescribed in Clause 2, Article 196 of the Law on Administrative Procedures, because the decision to temporarily suspend the settlement of the administrative case at the court hearing or the judgment is issued by the first-instance trial panel.

The author proposes to add a Law on the time limit for sending decisions to suspend or suspend the settlement of administrative cases at court sessions to the Law on Administrative Procedures.

Through this article, the author would like to receive attention and an exchange of comments and suggestions from readers.

TRUONG THI DIEM MY (People's Court of Dak Nong Province)

 Source: Court Journal

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