09/08/2023 14:36

What are the cases of suspension and termination of the settlement of administrative cases in Vietnam?

What are the cases of suspension and termination of the settlement of administrative cases in Vietnam?

What are the cases of suspension and termination of the settlement of administrative cases in Vietnam? What are the consequences of the suspension and termination of settlement of administrative cases? Ha Vi (Lam Dong)

Hello, Lawnet would like to answer the following:

1.What are the cases of suspension of the settlement of administrative cases in Vietnam?

1.1 Cases of suspension of the settlement of administrative cases

Suspension is a measure to ensure the interests of the parties in the trial process. The decision to suspend the settlement of the case is not final and can be appealed according to appellate procedures.

The case of suspension of the settlement of administrative cases is specified in Article 141 of the Law on Administrative Procedure 2015.

The court shall decide to suspend the settlement of administrative cases when:

- An involved party being an individual dies or an agency or organization is dissolved or declared bankrupt without any individual, agency or organization to inherit his/her/its procedural rights and obligations;

- An involved party has lost his/her civil act capacity or is a minor whose at-law representative is not yet identified;

- An involved party is absent for a plausible reason upon the expiration of the time limit for trial preparation, except where the case may be tried in the absence of such involved party;

- It is necessary to await results of settlement by other agencies or settlement results of other related cases;

- It is necessary to await results of additional examination or re-examination; results of performance of judicial mandate, mandated collection of evidences, or provision by agencies or organizations of documents and evidences at its request for the settlement of the case;

- It is necessary to await results of handling of legal documents related to the settlement of the case showing signs of contravention of the Constitution, a law or legal document of a superior state agency which is recommended in writing by the court to be amended, supplemented or annulled by a competent agency.

A decision to suspend the settlement of the case may be appealed or protested against according to appellate procedures.

Thus, there are 06 specific cases in which the Court may apply the measure of suspension of the settlement of administrative cases.

1.2 Consequences of the suspension of settlement of administrative cases

According to Article 142 of the Law on Administrative Procedure 2015, the consequences of the suspension of settlement of administrative cases are as follows:

- The court may not delete the name of an administrative case suspended from settlement from the case acceptance book but shall only note down in this book the serial number and date of the decision on suspension of the settlement of such case.

- When the reason for suspension specified in Article 141 of the Law on Administrative Procedure 2015 no longer exists, the court shall issue a decision on resumption of the settlement of the case and cancel the suspension decision.

- Legal cost advances and fees paid by involved parties shall be handled when the court resumes the settlement of the case.

- During the period of suspension of the settlement of a case, the judge assigned to settle the case shall still be responsible for the case settlement.

After the decision on suspension of the settlement of the case is issued under Clause 1, Article 141 of the Law on Administrative Procedure 2015, the judge assigned to settle the case shall monitor and urge agencies, organizations or individuals to redress the reason for suspension as soon as possible in order to promptly bring the case to settlement.

2. What are the cases of termination of settlement of administrative cases in Vietnam?

2.1 Cases of termination of settlement of administrative cases

Cases of suspension of settlement of administrative cases are specified in Article 143 of the Law on Administrative Procedure 2015.

The court shall decide to terminate the settlement of a case when:

- The plaintiff being an individual dies while his/her rights and obligations are not inherited: or the plaintiff being an agency or organization is dissolved or declared bankrupt without any agency, organization or individual inheriting its procedural rights and obligations;

- The plaintiff withdraws the lawsuit petition in case there is no independent claim of persons with related interests and obligations. In case there is an independent claim of a person with related interests and obligations who retains his/her independent claim, the court shall issue a decision to suspend the settlement of the case with regard to the withdrawn claim of the plaintiff;

- The plaintiff withdraws the lawsuit petition and persons with related interests and obligations withdraw independent claims;

- The plaintiff fails to make an advance for property valuation expenses and other procedural expenses prescribed by law.

Note: In case a person with related interests and obligations makes an independent claim without making an advance for property valuation expenses and other procedural expenses in accordance with this Law, the court shall terminate the settlement of such independent claim;

- The plaintiff is absent though he/she has been duly summoned twice, unless he/she/ it requests the court to try the case in his/her/its absence or in case of a force majeure event or an objective obstacle;

- The defendant annuls the administrative decision, disciplinary decision on dismissal or decision on settlement of a complaint about a decision on handling of a competition case, or terminates the administrative act over which the lawsuit is instituted, and the plaintiff agrees to withdraw the lawsuit petition while persons with related interests and obligations who have made independent claims agree to withdraw their claims;

- The statute of limitations for lawsuit institution has expired;

- The cases specified in Clause 1, Article 123 of the Law on Administrative Procedure 2015 in which the court has accepted the case.

Upon the issuance of a decision to terminate the settlement of a case, the court shall return the lawsuit petition, documents and evidences to involved parties if they so request.

Decisions on termination of the settlement of cases may be appealed or protested against according to appellate procedures.

Thus, the Court may suspend the settlement of administrative cases in cases where the plaintiff no longer has procedural rights and obligations; withdraws the petition; fails to pay advance proceedings costs; is absent without a valid reason; or when the defendant cancels the administrative decision being sued and has the consent of the petitioner and persons with related interests and obligations; when the statute of limitations for initiating a lawsuit has expired; or in cases where the judge returns the petition. When suspending the settlement of the case, the Court must return the lawsuit petition, documents, and evidence to the involved parties if so requested, and they may be appealed or protested against according to appellate procedures.

2.2 Consequences of the termination of settlement of administrative cases

According to Article 144 of the Law on Administrative Procedure 2015, the consequences of the termination of settlement of administrative cases are as follows:

- When a decision on termination of settlement of a case is issued, involved parties may not institute a lawsuit requesting the court to resettle this case if the subsequent lawsuit does not bring any difference from the previous one regarding the plaintiff, defendant and disputed legal relation, except the cases subject to termination under Points b, c and e, Clause 1, Article 123, and Points b and dd, Clause 1, Article 143, of the Law on Administrative Procedure 2015 and other cases specified by law.

- Legal cost advances and fees paid by involved parties shall be handled in accordance with the law on legal cost and court fee.

Thus, when there is a decision to suspend the settlement of the case, the involved parties have no right to initiate a lawsuit requesting the Court to re-settle the case if there is nothing different from the suspended case. The court costs and fee advances paid by the involved parties before the trial of the case may be refunded or deducted from the final court costs and fees according to the trial results.

3. Competence to issue decisions on suspension, resumption or termination of the settlement of administrative cases in Vietnam

According to Article 145 of the Law on Administrative Procedure 2015, the competence to issue decisions on suspension, resumption or termination of the settlement of cases is as follows:

- A judge assigned to settle a case may issue a decision on suspension, resumption or termination of the settlement of such case.

- Within 3 working days after the judge issues a decision specified in Clause 1 of Article 145 of the Law on Administrative Procedure 2015, the court shall send such decision to involved parties and the same-level procuracy.

Thus, a judge assigned to settle a case may issue a decision on suspension, resumption or termination of the settlement of such case. The court must send the judge's decision to the involved parties and the procuracies within 03 working days.

Hua Le Huy
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