Is date of administrative lawsuit institution the same as the date of filing the petition in Vietnam?

Is date of administrative lawsuit institution the same as the date of filing the petition in Vietnam?

Regarding regulations on initiating lawsuits in administrative cases, is date of administrative lawsuit institution the same as the date of filing the petition?

Answer: Pursuant to Article 120 of the 2015 Administrative Procedure Law, regulations on determination of date of administrative lawsuit institution are as follows:

1. In case a plaintiff directly files a lawsuit petition at a competent court, the date of lawsuit institution is the date of filing the petition.

2. In case a plaintiff sends a lawsuit petition online, the date of lawsuit institution is the date of sending the petition.

3. In case a plaintiff sends by post a lawsuit petition to a court, the date of lawsuit institution is the date of postmark of the postal service provider from which the petition is sent. In case the date on the postmark is unidentified, the date of lawsuit institution is the date the plaintiff leaves the petition at the postal service provider’s. The plaintiff shall prove the date he/she leaves his/ her petition at the postal service provider’s, otherwise the date of lawsuit petition is the date the court receives the petition delivered by the postal service provider.

4. In case an accepted lawsuit is transferred to another court under Clause 1, Article 34 or Clause 3, Article 165 of this Law, the date of lawsuit institution is the date the petition is sent to the court that ultra vires accepted the lawsuit, and shall be determined under Clause 1, 2 or 3 of this Article.

Thus, not all cases of initiating an administrative case determine the date of filing a lawsuit as the date of filing the petition, but depending on the method of submission and how it is sent, the filing date is determined differently such as: Date of filing the petition; Date of submission of petition; Date stamped by the postal service organization where it is sent; The date the applicant submits the application to the postal service organization... according to the above regulations in Vietnam.

Is date of administrative lawsuit institution the same as the date of filing the petition in Vietnam? (Image from the Internet)

Can judges return the administrative case petition in Vietnam?

I would like to ask, according to current regulations, can judges return the administrative case petition in Vietnam?

Answer: Pursuant to Clause 1, Article 123 of the 2015 Administrative Procedure Law, regulations on return of lawsuit petitions are as follows:

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.

Thus, the Judge can completely return the lawsuit petition when it falls into one of the following cases: The plaintiff does not have full administrative procedural capacity; The plaintiff does not have right to sue; The matter has been resolved by a legally effective judgment or decision of the Court... and other cases mentioned above in Vietnam.

What are forms for filing an administrative lawsuit against the Commune Chairman in Vietnam?

I would like to ask what methods I can use to file a lawsuit against the Chairman of the commune in an administrative case? Can I submit it by post?

Answer: Pursuant to Article 119 of the 2015 Administrative Procedure Law, regulations on sending of lawsuit petitions to the court are as follows:

Plaintiffs shall send their lawsuit petitions and enclosed documents and evidences to the court that has jurisdiction to settle cases by any of the following modes:

a/ Direct filing at court;

b/ Sending by post:

c/ Sending through the court’s e-portal (if any).

Thus, there are currently 3 methods of filing an application to Court and you can send your application by post in Vietnam.

Best regards!