Severing Claims for Damages in Administrative Cases to Resolve in Civil Cases: Is It Possible?

Separation of Compensation Claim in Administrative Cases for Resolution as Civil Cases

May I inquire whether, in an ongoing administrative case, a compensation claim from the plaintiff that cannot yet be substantiated can be separated into a civil case to be resolved later?

Response: Pursuant to Clause 2, Article 7 of the 2015 Law on Administrative Procedures, the content is as follows:

In cases where there is a compensation claim in an administrative case that cannot yet be substantiated, the Court may separate the compensation claim to resolve it later in another civil case according to the provisions of the civil procedure law.

In cases where the Court resolves the compensation claim along with the administrative case, if the part of the judgment related to the compensation is appealed or protested against, or is annulled by the appellate, cassation, or rehearing Court for retrial, then the decision on compensation in these instances is part of the administrative case. The procedure for resolving the decision on compensation that is appealed, protested against, or annulled for retrial shall be implemented according to the provisions of this Law.

Does the Plaintiff Have the Right to Supplement Documents at the Appellate Hearing of an Administrative Case?

In relation to administrative cases, may I ask if the plaintiff has the right to supplement documents at the appellate hearing? And if they do not invite a lawyer, can the plaintiff present their own opinions regarding the appeal?

Response: Pursuant to Clauses 2 and 3, Article 237 of the 2015 Law on Administrative Procedures, which stipulate the statements of the involved parties and the procurator at the appellate hearing, it is as follows:

- In cases where the involved party does not have a representative to protect their lawful rights and interests, they shall present their opinions on the content of the appeal or protest themselves.

- At the appellate hearing, the involved parties and the procurator have the right to present supplementary documents and evidence.

Thus, the plaintiff has the right to supplement documents at the appellate hearing and, when there is no lawyer, to present their own opinions on the content of the appeal.

Does the Court Only Accept to Resolve an Administrative Case When There is a Complaint from the Plaintiff?

May I ask, in an administrative case, does the Court only accept to resolve the case when there is a complaint from the plaintiff?

Response: Pursuant to Article 8 of the 2015 Law on Administrative Procedures, the content is as follows:

Agencies, organizations, and individuals have the right to decide to sue an administrative case. The Court only accepts to resolve an administrative case when there is a complaint from the plaintiff. During the resolution of the administrative case, the plaintiff has the right to change, supplement, withdraw the complaint, and exercise other procedural rights according to the provisions of this Law.

Respectfully!