What are regulations on questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases in Vietnam?

What are regulations on questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases in Vietnam?

Please ask what are regulations on questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases in Vietnam? And legal documents regulate this? Hello. I am interested in and learning about the field of administrative litigation. I would like to ask you to advise me on the case of involved parties on change, addition or withdrawal of requests at the first instance court hearing. Sincerely thank.

Reply:

Questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases is specifically regulated in Article 172 of the 2015 Administrative Procedure Law.

According to this regulation, questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases is regulated as follows:

1. The presiding judge of the court hearing shall ask the plaintiff about change, addition or withdrawal of part or the whole of their lawsuit claims.

2. The presiding judge of the court hearing shall ask persons with related interests and obligations that have made independent claims about change, addition or withdrawal of part or the whole of their independent claims.

Above is our advice on questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases in Vietnam. If you want to learn more, you can refer to the regulations in the 2015 Administrative Procedures Law.

What are regulations on questioning of involved parties about change, addition or withdrawal of their claims at the first-instance court hearing of administrative cases in Vietnam? (Image from the Internet)

What is guarantee of the first-instance and appellate trial regime in administrative proceedings in Vietnam?

What is guarantee of the first-instance and appellate trial regime in administrative proceedings in Vietnam? I just read a document related to administrative proceedings, which mentioned the content of ensuring the first instance and appeal trial regime. So let me ask: What is guarantee of the first-instance and appellate trial regime in administrative proceedings in Vietnam? And what legal documents regulate this? I look forward to receiving advice from you. Sincerely thank.

Reply:

The content of guarantee of the first-instance and appellate trial regime in administrative proceedings has been specifically stipulated in Article 11 of the 2015 Administrative Procedure Law.

According to this Article, principles of guarantee of the first-instance and appellate trial regime in administrative proceedings are stipulated as follows:

1. The first-instance and appellate trial regime is guaranteed, except the trial of administrative cases involving lawsuits over voter lists.

First-instance court judgments and rulings may be appealed or protested against in accordance with this Law.

First-instance court judgments and rulings, if not appealed or protested against according to appellate procedures within the time limit prescribed in this Law, shall become legally effective. For first-instance court judgments or rulings which are appealed or protested against, the cases shall be settled according to appellate procedures. Appellate court judgments and rulings shall be legally effective.

2. For legally effective court judgments and rulings, if law violations or new circumstances are discovered in accordance with this Law, they shall be reviewed according to cassation or reopening procedures.

Above is our advice on the principle of guarantee of the first-instance and appellate trial regime in administrative proceedings in Vietnam. If you want to learn more, you can refer to the regulations in the 2015 Administrative Procedures Law.

What are regulations on consideration of change, addition or withdrawal of claims at the first-instance court hearing of administrative cases in Vietnam?

What are regulations on consideration of change, addition or withdrawal of claims at the first-instance court hearing of administrative cases in Vietnam? And legal documents regulate this? I just sued the agency's disciplinary decision to force me to resign my job. At the first instance trial, I asked for an additional request to sue. So please ask: What are regulations on consideration of change, addition or withdrawal of claims at the first-instance court hearing of administrative cases? Please advise. Thank you very much.

Reply:

The consideration of change, addition or withdrawal of claims at the first-instance court hearing of administrative cases has been specifically stipulated in Article 173 of the 2015 Administrative Procedure Law.

According to this regulation, the consideration of change, addition or withdrawal of claims at the first-instance court hearing of administrative cases is prescribed as follows:

1. The trial panel shall accept the change or addition of involved parties’ claims provided that the change or addition does not go beyond the scope of their lawsuit claim or initial dependent claims.

2. In case involved parties voluntarily withdraw part or the whole of their claims, the trial panel shall accept the request and terminate the trial with regard to the withdrawn part or whole of claims.

Above is our advice on consideration of change, addition or withdrawal of claims at the first-instance court hearing of administrative cases in Vietnam. If you want to learn more, you can refer to the regulations in the 2015 Administrative Procedures Law.

Best regards!