What are duties and powers of court clerks in administrative procedures in Vietnam? What are regulations on handling people who intentionally fail to execute administrative judgments in Vietnam?
What are duties and powers of court clerks in administrative procedures in Vietnam? What are regulations on handling people who intentionally fail to execute administrative judgments in Vietnam? What are regulations on jurisdiction of the court regarding administrative cases in Vietnam?
What are duties and powers of court clerks in administrative procedures in Vietnam?
What are duties and powers of court clerks in administrative procedures in Vietnam? Thank you!
Answer:
Pursuant to Article 41 of the Law on Administrative Procedures in 2015 stipulating duties and powers of court clerks in administrative procedures in Vietnam as follows:
When assigned, court clerks have the following duties and powers:
1. To make necessary professional preparations before the opening of court hearings;
2. To announce internal rules of court hearings;
3. To check and report to trial panels on lists of persons summoned to court hearings;
4. To write minutes of court hearings or sessions and written records of testimonies of procedure participants;
5. To perform other duties and exercise other powers in accordance with this Law.
What are regulations on handling people who intentionally fail to execute administrative judgments in Vietnam?
What are regulations on handling people who intentionally fail to execute administrative judgments in Vietnam?
Answer:
Pursuant to Article 314 of the Law on Administrative Procedures in 2015 stipulating regulations on handling people who intentionally fail to execute administrative judgments in Vietnam as follows:
1. Agencies, organizations and individuals that are obliged to execute court judgments or rulings or decisions compelling judgment execution but intentionally fail to execute them shall, on a case-by-case basis, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.
2. Those who abuse their positions and powers to intentionally obstruct the judgment execution shall, on a case-by-case basis, be disciplined, administratively sanctioned or examined for penal liability in accordance with law and, if causing damage, pay compensation in accordance with law.
What are regulations on jurisdiction of the court regarding administrative cases in Vietnam?
What are regulations on jurisdiction of the court regarding administrative cases in Vietnam? Thank you!
Answer:
Pursuant to Article 30, 31, 32 of the Law on Administrative Procedures in 2015 stipulating jurisdiction of the court regarding administrative cases in Vietnam as follows:
Article 30. Lawsuits under jurisdiction of courts
1. Lawsuits over administrative decisions or acts, except:
a/ Administrative decisions or acts pertaining to state secrets in the fields of national defense, security and foreign affairs in accordance with law;
b/ Court rulings or acts in the application of administrative handling measures or handling of acts obstructing procedural activities;
c/ Internal administrative decisions or acts of agencies and organizations.
2. Lawsuits over disciplinary decisions on dismissal of civil servants holding the position of general director of a general department or equivalent or lower position.
3. Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases.
4. Lawsuits over voter lists.
Article 31. Jurisdiction of district-level courts
District-level courts shall settle according to first-instance procedures:
1. Lawsuits over administrative decisions or acts of state administrative agencies at the district or lower level within the same administrative boundaries with courts or of competent persons in these agencies, except administrative decisions or acts of district-level People’s Committees and district-level People’s Committee chairpersons;
2. Lawsuits over disciplinary decisions on dismissal of civil servants under management by agencies or organizations at the district or lower level within the same administrative boundaries with courts, issued by heads of these agencies or organizations;
3. Lawsuits over voter lists made by agencies in charge of making voter lists within the same administrative boundaries with courts.
Article 32. Jurisdiction of provincial-level courts
Provincial-level courts shall settle according to first-instance procedures:
1. Lawsuits over administrative decisions or acts of ministries, ministerial-level agencies, government-attached agencies, the Presidential Office, the National Assembly Office, the State Audit Office of Vietnam, the Supreme People’s Court and the Supreme People’s Procuracy, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;
2. Lawsuits over administrative decisions or acts of state agencies among those specified in Clause 1 of this Article, and administrative decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence, workplaces or head offices in the Vietnamese territory, courts of localities in which agencies or persons competent to issue administrative decisions or commit administrative acts are located have jurisdiction to settle these lawsuits;
3. Lawsuits over administrative decisions or acts of provincial-level state agencies within the same administrative boundaries with the courts and of competent persons in these state agencies;
4. Lawsuits over administrative decisions or acts of district-level People’s Committees and district-level People’s Committee chairpersons within the same administrative boundaries with the courts;
5. Lawsuits over administrative decisions or acts of overseas representative missions of the Socialist Republic of Vietnam or of competent persons in these missions, which are filed by plaintiffs whose places of residence are located within the same administrative boundaries with the courts. In case plaintiffs have no places of residence in Vietnam, the People’s Court of Hanoi city or Ho Chi Minh City has jurisdiction to settle these lawsuits;
6. Lawsuits over disciplinary decisions on dismissal issued by heads of provincial-level agencies or organizations, ministries or central agencies, which are filed by plaintiffs whose workplaces by the time of disciplining are located within the same administrative boundaries with the courts;
7. Lawsuits over decisions on settlement of complaints about decisions on handling of competition cases, which are filed by plaintiffs whose places of residence, workplaces or head offices are located within the same administrative boundaries with the courts;
8. When necessary, provincial-level courts may pick up lawsuits under jurisdiction of district-level courts for settlement under Article 31 of this Law.
Best regards!
