What is self-determination and discretion of plaintiffs in administrative proceedings in Vietnam?

What is self-determination and discretion of plaintiffs in administrative proceedings in Vietnam?

What is self-determination and discretion of plaintiffs in administrative proceedings? I have just filed a lawsuit against the illegal enforcement of house demolition by the commune cadastral official. I know that the plaintiff has right of self-determination and discretion. So, may I ask: what is right f self-determination and discretion of the plaintiff in administrative proceedings? And what legal document regulates this? I look forward to receiving advice from you. Sincerely thank.

Answer: Self-determination and discretion of plaintiffs in administrative procedures has been specified in Article 8 of the Law on Administrative Procedure 2015.

Agencies, organizations and individuals may decide to institute administrative lawsuits. Courts shall accept administrative cases for settlement only when lawsuit petitions are filed by plaintiffs. In the course of settlement of administrative cases, plaintiffs may change, add or withdraw their lawsuit claims and exercise other procedural rights in accordance with this Law.

The above is the advice of us on self-determination and discretion of plaintiffs in administrative proceedings in Vietnam.

Plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in Vietnam

Before opening the appellant court hearings of the administrative case, the involved parties actively withdrew their lawsuit petitions, what is handling for it?

Answer: Plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings is specified in Article 234 of the 2015 Law on Administrative Procedures, specifically:

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 pre

The above is the provision on plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in administrative cases in Vietnam.

Details can be found in the 2015 Administrative Procedures Law.

Determination of dispute relationship when initiating a lawsuit in Vietnam

Due to A's act of disturbing public order, the Chairman of Commune B's People's Committee fined 2 million VND. Because A has no money to pay the fine, the People's Committee forces A to do community service (cleaning) in the commune for 10 days. During that time Mr. C's buffalo entered the People's Committee headquarters to eat grass, but Mr. A broke his leg. Mr. C asked the People's Committee for compensation but the People's Committee refused. Therefore, Mr. C filed an administrative lawsuit. Is it true that Mr. C sued the Commune People's Committee like that?

Answer: Article 30 of the 2015 Law on Administrative Procedures provides for the lawsuits falling under the Court's jurisdiction 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 26 of the 2015 Civil Procedure Code provides:

Article 26. Civil disputes falling under the courts' jurisdiction

1. Disputes over the Vietnamese nationality among individuals.

2. Disputes over property ownership and other rights over property.

3. Disputes over civil transactions, civil contracts.

4. Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 30 of this Code.

5. Disputes over property inheritance.

6. Disputes over compensation for non-contractual damage.

7. Disputes over compensation due to the application of administrative preventive measures unconformable to law regulations on competition, excluding compensation claims that have been settled in administrative lawsuits.

8. Disputes over the development and utilization of water resources and the waste discharge to water as prescribed in the Law on water resources.

9. Disputes over land according to legislation on land; disputes over the right to forest ownership/enjoyment according to regulations in the Law on forest protection and development.

10. Disputes relating to the professional press operation under law on press.

11. Disputes relating to petitions for declaration of notarized documents to be invalid.

12. Disputes relating to properties forfeited to enforce judgments in accordance with the law on enforcement of civil judgments.

13. Disputes over property auction results and payment of expenses for registration to buy property through auction in accordance with the law on enforcement of civil judgment.

14. Other civil disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Thus, the dispute arising from Mr. A breaking the leg of Mr. C's buffalo without paying compensation is a civil dispute. Therefore, Mr. C filed an administrative lawsuit about A's behavior which was incorrect and according to the Law on Administrative Procedures in Vietnam, the Court will not accept the case.

Above is advice on determination of dispute relationship when initiating a lawsuit in Vietnam. For more information, you should refer to the Civil Procedure Code 2015.

Best regards!