When returning the lawsuit petition about administrative case, does the court return enclosed documents and evidences to the plaintiff in Vietnam?

When returning the lawsuit petition about administrative case, does the court return enclosed documents and evidences to the plaintiff in Vietnam?

Pursuant to Clause 2, Article 123 of the 2015 Law on Administrative Procedures, return of lawsuit petitions:

2. When returning the lawsuit petition and enclosed documents and evidences to the plaintiff, the judge shall make a document clearly stating the reason for the return. This document shall be sent immediately to the same-level procuracy.

Copies of lawsuit petitions and enclosed documents and evidences returned by the judge to plaintiffs shall be made and kept at the court for use as a basis for settlement of complaints and recommendations when so requested.

Thus, according to the above provisions in Vietnam, the lawsuit petition and enclosed documents and evidences will be returned by the Court to the plaintiff, but the above evidences and documents will be copied and kept at the Court for use as a basis for settlement of complaints and recommendations when so requested.

What are cases of return of lawsuit petitions in Vietnam?

Clause 1 of Article 123 of the 2015 Law on Administrative Procedures stipulates the judge 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.

Best Regards!