If the plaintiff in the administrative case dies, will the case be terminated in Vietnam?

If the plaintiff in the administrative case dies, will the case be terminated in Vietnam?

Pursuant to Clause 1, Article 143 of the 2015 Law on Administrative Procedures, termination of settlement of cases is as follows:

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

a/ 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;

b/ 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his/her independent claim, the court shall issue a decision to suspend the settlement of the case with regard to the withdrawn claim of the plaintiff;

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

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

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;

dd/ 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;

e/ 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;

g/ The statute of limitations for lawsuit institution has expired;

h/ The cases specified in Clause 1, Article 123 of this Law in which the court has accepted the case.

Thus, if in the case that you are mentioned, the plaintiff dies without having an heir to his rights and obligations, the administrative case will be suspended from the settlement of the administrative case. In case there is an inheritor of rights and obligations, the settlement will still be carried out as usual.

Consequences of the termination of settlement of cases in Vietnam

Consequences of the termination of settlement of cases specified in Article 144 of the Law on Administrative Procedures 2015 are as follows:

1. 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 this Law and other cases specified by law.

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

Best Regards!