Vietnam: May a Judge return administrative lawsuit petitions?

Under Clause 1, Article 123 of the Law on Administrative Procedures 2015 on the return of lawsuit petitions in Vietnam:

1. The judge in Vietnam 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 in Vietnam is allowed to return the lawsuit petition if it falls into one of the following cases: The plaintiff does not have full administrative procedure act capacity; the plaintiff has no right to institute a lawsuit; the matter has been settled with a legally effective court judgment or ruling, etc., and other cases mentioned above.

Respectfully!