What are regulations on statute of limitations for administrative lawsuit institution in Vietnam?

What are regulations on statute of limitations for administrative lawsuit institution in Vietnam?

Hello, my name is Song Luan, living and working in Tay Ninh. In order to meet my need for understanding, I have learned about statute of limitations for administrative lawsuit institution, but there are still some issues that are still unclear, so I need your help, specifically: What are regulations on statute of limitations for administrative lawsuit institution? Which document regulates this issue? Hope to hear from you soon, thank you very much!

Answer: According to Article 116 of the Law on Administrative Procedures 2015, the statute of limitations for administrative lawsuit institution is prescribed as follows:

1. The statute of limitations for lawsuit institution means a time limit within which agencies, organizations or individuals may institute lawsuits to request courts settling administrative cases in order to protect their infringed lawful rights and interests. Upon the expiration of that time limit, they no longer have the right to institute lawsuits.

2. The statute of limitations for lawsuit institution in each case is:

a/ One year from the date of receipt of or knowledge about an administrative decision or act or a disciplinary decision on dismissal;

b/ Thirty days from the date of receipt of a decision on settlement of a complaint about a decision on handling of a competition case;

c/ The period from the date of receipt of a notice of results of complaint settlement by the voter list-making agency or the date of expiration of the time limit for complaint settlement, in case no notice of results of complaint settlement by the voter list-making agency is received, to the date five days prior to the election date.

3. In case an involved party files a complaint in accordance with law with a state agency or person competent to settle complaints, the statute of limitations for instituting a lawsuit is:

a/ One year from the date of receipt of or knowledge about the first-time or second-time complaint settlement decision;

b/ One year from the date of expiration of the law-prescribed time limit for complaint settlement, in case the competent state agency or person fails to settle the complaint and issues no reply to the complainant.

4. In case a plaintiff cannot institute a lawsuit within the time limit prescribed at Point a or b, Clause 2 of this Article due to a force majeure event or another objective obstacle, the period of existence of such force majeure event or another objective obstacle shall not be counted in the statute of limitations for lawsuit institution.

5. The Civil Code’s provisions on the methods for determining time limits and statutes of limitations are also applicable to administrative procedures.

What is determination of jurisdiction in case both complaint and lawsuit petitions are filed in Vietnam?

Hi guys, I have a few questions that I hope you can answer. Can you tell me a person who has both a complaint and a lawsuit petition, what is determination of jurisdiction in this case? Hope you guys can help me, thank you very much.

Answer: In Clause 1, Article 33 of the 2015 Administrative Procedure Code, determination of jurisdiction in case both complaint and lawsuit petitions are filed as follows:

1. In case a plaintiff files a petition to institute an administrative lawsuit at a competent court and concurrently files a complaint with a person competent to settle complaints, the court shall request the plaintiff to select the agency to settle the case and notify such in writing to the court.

In case the plaintiff cannot make the petition on his/her/its own, he/she/it shall request the court to make a written record of selection of the agency to settle the case. On a case-by-case basis, the court shall:

a/ Accept the case for settlement according to general procedures, and concurrently notify the case to the person competent to settle complaints and request him/her to transfer the whole dossier for complaint settlement to the court, in case the plaintiff selects the court to settle the case:

b/ Base itself on Point e, Clause 1, Article 123 of this Law to return the lawsuit petition and enclosed documents to the plaintiff, in case the plaintiff selects the person competent to settle complaints to settle the case.

Upon the expiration of the time limit for complaint settlement, if the complaint remains unsettled or have been settled but the complainant disagrees with the settlement results and files a petition to institute an administrative lawsuit at court, the court shall consider to accept the case according to general procedures.

The above is the regulation on determination of jurisdiction in case both complaint and lawsuit petitions are filed in Vietnam.

What are regulations on plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in Vietnam?

Hello, my name is Van Thanh, a 3rd year student at the Open University of Ho Chi Minh City. Recently, when I learned about some administrative case appellate procedures, to supplement my upcoming report, there is a small problem that I have not been able to solve and need your help, specifically: What are regulations on plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in the administrative case? Which document regulates this issue? Hope to get a reply from you soon. Thank!

Answer: Pursuant to the provisions of Article 234 of the Law on Administrative Procedure 2015, plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in the administrative case is prescribed as follows:

1. If the plaintiff withdraws his/her lawsuit petition before the opening of or during the appellate court hearing, the appellate trial panel shall ask the defendant whether he/she agrees with such withdrawal and shall, on a case-by-case basis:

a/ Not accept the plaintiff’s withdrawal of the lawsuit petition if the defendant disagrees with such withdrawal;

b/ Accept the plaintiff’s withdrawal of the lawsuit petition if the defendant agrees with such withdrawal. The appellate trial panel shall issue a decision to cancel the first-instance judgment and terminate the settlement of the case. In this case, involved parties shall still bear the first- instance legal cost under the ruling of the first-instance court and bear half of the appellate legal cost as prescribed by law.

2. In case the appellate trial panel issues a decision to terminate the settlement of the case, the plaintiff may re-institute the case according to the procedures prescribed in this Law, if the statute of limitations for instituting a lawsuit has not yet expired.

The above is the content of advice on plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in an administrative case in Vietnam. For more information and details, please see the Law on Administrative Procedure 2015. Hope the information shared above will help you.

Best regards!