In what cases do judges return lawsuit petitions in administrative proceedings in Vietnam?

In what cases do judges return lawsuit petitions in administrative proceedings in Vietnam?

Hello, I have a few questions as follows: Could you please tell me according to current regulations, in what cases do judges return lawsuit petitions in administrative proceedings? Please help me answer.

Answer: According to the provisions of Clause 1, Article 123 of the 2015 Administrative Procedure Law, the judge returns the lawsuit petition in the following cases:

1. The judge shall return a lawsuit petition in the following cases:

a/ The plaintiff has no right to institute a lawsuit;

b/ The plaintiff does not have full administrative procedure act capacity;

c/ The plaintiff files the lawsuit petition with the court when failing to satisfy one of the law-prescribed conditions for instituting lawsuits.

d/ The matter has been settled with a legally effective court judgment or ruling;

dd/ The matter does not fall under the jurisdiction of the court;

e/ The plaintiff chooses to have the case or matter settled according to complaint settlement procedures in the case specified in Article 33 of this Law;

g/ The lawsuit petition does not fully contain the contents specified in Clause 1, Article 118 of this Law and is neither modified nor supplemented by the plaintiff under Article 122 of this Law;

h/ The plaintiff fails to produce a receipt of legal cost advance to the court upon the expiration of the notified time limit specified in Clause 1, Article 125 of this Law, unless the plaintiff is exempted from legal cost advance, is not required to pay legal cost advance or has a plausible reason for such failure.

Note: When returning the petition and accompanying documents and evidence to the plaintiff, the Judge must have a document clearly stating the reason for returning the petition. The document returning the petition shall be immediately sent to the Procuracy at the same level in Vietnam.

The petition and documents and evidence returned by the Judge to the plaintiff must be copied and kept at the Court as a basis for resolving complaints and recommendations upon request in Vietnam.

Above are the regulations on cases where judges return lawsuit petitions in administrative proceedings in Vietnam.

How long is the prescriptive period for instituting a land dispute in Vietnam?

I want to ask the following issue: Another person and I have had a dispute over land use rights for a long time (about 5 years now) but I have not filed a lawsuit in court because I am afraid of losing money over time so I want to come to an agreement but not yet. Because my land is adjacent to that house and has no fence, it has been encroached a lot. Now I want to sue to regain my legal land use rights, is there still a statute of limitations for instituting a lawsuit?

Answer: According to the provisions of the Land Law 2013, land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship. Chairman of the People's Committee at district and provincial levels; Minister of Natural Resources and Environment; and the People's Court has the authority to resolve land disputes according to regulations.

In particular, the resolution of land disputes at the People's Court is carried out in accordance with the provisions of the 2015 Civil Code, 2015 Civil Procedure Code, 2015 Administrative Procedure Law and other relevant legal regulations. relate to.

According to this regulation, the prescriptive period for resolving land disputes at the People's Court is implemented according to the provisions of the 2015 Civil Code.

According to the provisions of the 2015 Civil Code, a prescriptive period for initiating legal action is the time limit within which an entity has the right to initiate legal action to request a court to resolve a civil case to protect the infringed legal rights or interests of the entity. When such time limit expires, the right to initiate such legal action shall be lost.

However, the prescriptive period for filing a lawsuit does not apply in the following cases:

- Request to protect personal rights not attached to property.

- Requirement to protect property rights, unless otherwise provided by this Code or other relevant laws.

- Disputes over land use rights according to the provisions of the Land Law.

- Other cases prescribed by law.

Thus: Pursuant to the regulations cited above, disputes over land use rights according to the provisions of the Land Law will not be subject to the prescriptive period for filing lawsuits. That means, people who have the right to initiate a dispute over land use rights have the right to initiate a lawsuit at the People's Court at any time from the date the dispute over land use rights arises to have it resolved according to its authority.

Therefore: In case your land is adjacent to another house's land and has no fence, so it has been encroached, you have the right to sue the People's Court at any time from the date the other party has encroachment action will be resolved according to authority in Vietnam.

Above is our consulting opinion on the issue you are wondering about.

If there is no petition to institute for an administrative case, will the Court handle it in Vietnam?

I have questions and would like to ask you to answer them. Specifically: If there is no petition for an administrative case, will the Court handle it? Hope to receive a response soon. Sincerely thank!

Answer: In Article 8 of the 2015 Administrative Procedure Law, there are regulations on this issue as follows:

Agencies, organizations and individuals may decide to institute administrative lawsuits. Courts shall accept administrative cases for settlement only when lawsuit petitions are filed by plaintiffs. In the course of settlement of administrative cases, plaintiffs may change, add or withdraw their lawsuit claims and exercise other procedural rights in accordance with this Law.

=> Thus, according to this regulation in Vietnam, if there is no petition from the plaintiff, the Court will not accept the administrative case.

Best regards!