Vietnam: Rights and obligations of involved parties in administrative cases

Specifically, according to Article 55 of the Law on Administrative Procedures 2015 of Vietnam, involved parties in administrative cases shall have the following rights and obligations:

- To respect the court and strictly observe internal rules of court hearings;

- To pay legal cost advances, legal cost, fees and other procedural expenses prescribed by law;

- To maintain, change, add or withdraw their claims;

- To provide their residence or head office addresses in a sufficient and accurate manner; in the course of case settlement by the court, to promptly notify other involved parties and the court of any change in their residence or head office addresses;

- To provide documents and evidences to prove and protect their lawful rights and interests;

- To request agencies, organizations and individuals that are keeping or managing documents or evidences to provide such documents or evidences for furnishing them to the court;

- To request the court to verify or collect documents and evidences of the case which they cannot verify or collect; to request the court to compel the production by other involved parties of documents or evidences which they are keeping or managing; to request the court to rule on compelling the provision by agencies, organizations or individuals that are keeping or managing evidences of such evidences; and to request the court to summon witnesses, solicit expert examination or valuation of assets;

- To get access to, take notes and make copies of documents or evidences produced by other involved parties or collected by the court, except documents or evidences not permitted to be disclosed under Clause 2, Article 96 of this Law;

- To submit copies of lawsuit petitions and documents or evidences to the court for sending to other involved parties or lawful representatives of other involved parties, except documents or evidences not permitted to be disclosed under Clause 2, Article 96 of this Law;

- To request the court to rule on the application, change or cancellation of provisional urgent measures;

- To request the court to hold sessions to check the submission of, access to, or disclosure of, evidences and dialogues, and participate in such sessions in the course of case settlement by the court;

- To receive valid notices for exercising their rights and performing their obligations;

- To defend their lawful rights and interests or ask lawyers or other persons to do so;

- To request the change of procedure-conducting persons or procedure participants;

- To participate in court hearings and session;

- To be present in response to court summonses and abide by court rulings in the course of case settlement by the court;

- To request the court to summon persons with related interests and obligations to participate in procedures;

- To request the court to suspend the case settlement;

- To give questions to other persons on matters related to the case or propose to the court matters on which questions must be given to other persons; to confront themselves with one another or with witnesses;

- To make arguments at court hearings, present their opinions on evidence assessment and applicable laws;

- To be provided with extracts of court judgments or rulings;

- To appeal against or complain about court judgments or rulings;

- To request competent persons to file protests against legally effective court judgments or rulings according to cassation or reopening procedures;

- To strictly abide by legally effective court judgments and rulings;

- To exercise their rights in a good will and refrain from abusing their rights to obstruct procedural activities of the court and other involved parties;

- Other rights and obligations provided by law.

The Law on Administrative Procedures 2015 of Vietnam takes effect from July 01, 2016.

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