24/07/2023 15:04

What are the cases of consolidation or split-up of administrative cases in Vietnam?

What are the cases of consolidation or split-up of administrative cases in Vietnam?

What are the cases of transfer of cases to other courts in Vietnam? What are the conditions for consolidation or split-up of administrative cases in Vietnam? Minh Luan_Lam Dong

Hello, Lawnet would like to answer as follows:

1. What are the cases of transfer of cases to other courts in Vietnam?

According to Article 34 of the Law on Administrative Procedures 2015, the transfer of cases to other courts and settlement of disputes over jurisdiction is as follows:

- In the course of settlement of an administrative case according to the first-instance procedures, if the court determines that such case is a civil case but not an administrative one and the settlement thereof falls under its jurisdiction, it shall settle such case according to general procedures prescribed by the civil procedure law, and concurrently notify such to the involved parties and the same-level procuracy.

- Before deciding to bring a case to trial according to the first-instance procedures, if there is a ground to determine that the settlement of the case falls under the jurisdiction of another court, the judge assigned to settle the administrative case shall issue a decision to transfer the case file to a competent court and delete it from the case acceptance book and concurrently notify such to the involved parties and the same-level procuracy.

- After issuing a decision to bring a case to trial according to the first-instance procedures, if there is a ground to determine that the settlement of the administrative case falls under the jurisdiction of another court, the court shall hold a hearing for the trial panel to issue a decision to stop the trial and transfer the case file to the competent court.

- When trying an administrative case according to appellate procedures, if determining that the case falls into the case specified in Clause 1 or 2 of Article 34 of the Law on Administrative Procedures 2015, the appellate court shall quash the first-instance judgment or ruling and transfer the case file to the court with the first- instance trial jurisdiction for first-instance retrial of the case in accordance with law.

- When trying an administrative case according to cassation or reopening procedures, if determining that the case falls into the case specified in Clause 1 or 2 of Article 34 of the Law on Administrative Procedures 2015, the cassation or reopening court shall quash the legally effective judgment or ruling and transfer the case file to the court with the first-instance trial jurisdiction for first-instance retrial of the case in accordance with law.

- Involved parties may file complaints and the same-level procuracy may file a petition about a decision specified in Clause 2 or 3 of Article 34 of the Law on Administrative Procedures 2015 within 3 working days after receiving the decision.

Within 3 working days after receiving the complaint or petition, the chief justice of the court that has issued the decision to transfer the administrative case shall settle the complaint or petition. The decision of the chief justice of the court is final and shall be immediately sent to the complaining involved parties and the petition-making procuracy.

Thus, transfer the administrative case to another Court when there are grounds to determine that during the settlement of the case it is not an administrative case; At the same time, before and after bringing the case to trial, if there are grounds to determine that the settlement of the administrative case falls under the jurisdiction of another Court, the Court may issue a decision to terminate the case, cancel the judgment, or transfer the case file to a competent Court.

2. Cases of consolidation or split-up of administrative cases in Vietnam

The cases of consolidation or split-up of administrative cases are specified in Article 35 of the Law on Administrative Procedures 2015 specifically:

Consolidation of administrative cases

A court may consolidate two or more cases it has separately accepted into a sole case for settlement according to administrative procedures when the following conditions are fully satisfied:

+ Separately accepted cases have the same plaintiff instituting lawsuits over many administrative decisions or acts issued or taken by an agency or organization or a competent person in such agency or organization and are closely related to one another, or separately accepted cases have different plaintiffs instituting lawsuits over the same administrative decision or act;

+ The consolidation of two or more administrative cases into a sole administrative case must ensure the quick, effective and thorough trial and shall be conducted within the time limit for trial preparation.

Split-up of administrative cases

+ A court may split up a case involving different claims into two or more administrative cases for settlement in case an administrative decision over which a lawsuit is instituted is related to many plaintiffs whose interests and obligations are unrelated.

Upon consolidating cases or splitting up a case under Clause 1 or 2 of Article 34 of the Law on Administrative Procedures 2015, the court that has accepted this case shall issue a decision to this effect and promptly send it to the involved parties and same-level procuracy.

Thus, an administrative case is consolidated when the petitioner initiates a lawsuit in the same place and with the same administrative decision or administrative act issued by the same agency. In case of split-up of administrative cases, the cases have different requirements and the rights and obligations of the plaintiffs are not related to each other.

Hua Le Huy
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