13:19, 11/07/2024
On July 28, 2017, the General Department of Customs of Vietnam signed Decision 2587/QD-TCHQ promulgating the Internal Guideline on the procedures for participating in administrative procedure in courts for the Customs authorities.
Article table of contents
The internal guidance includes the following main contents:
| PART I. | GENERAL GUIDANCE |
| I. | SCOPE OF GUIDANCE, PRINCIPLES OF IMPLEMENTATION |
| 1. | Scope of guidance |
| 2. | Principles of implementation |
| II. | ENTITY INITIATING LAWSUIT, STATUTE OF LIMITATIONS FOR LAWSUIT, DEFENDANTS |
| 1. | Entity initiating administrative lawsuits |
| 2. | Cases subject to administrative lawsuits |
| 3. | Statute of limitations for administrative lawsuits |
| 4. | Determining defendants in administrative lawsuits |
| 5. | Determining jurisdiction in cases where there are both complaints and lawsuits |
| III. | PARTICIPANTS IN ADMINISTRATIVE PROCEDURE AND REGULATIONS RELATED TO THE RIGHTS AND OBLIGATIONS OF PARTIES |
| 1. | Participants in ADMINISTRATIVE PROCEDURE |
| 2. | Rights and obligations of defendants in ADMINISTRATIVE PROCEDURE |
| 3. | Rights and obligations of individuals with related interests and obligations |
| 4. | Representatives in ADMINISTRATIVE PROCEDURE |
| 5. | Legal representatives |
| 6. | Rights and obligations of legal representatives |
| PART II. | PROCEDURES FOR PARTICIPATING IN ADMINISTRATIVE PROCEDURE AT COURTS BY THE CUSTOMS OFFICE |
| I. | PREPARATION FOR PARTICIPATING IN COURT SESSIONS |
| 1. | Reviewing administrative decisions, administrative actions |
| 2. | Collecting and submitting evidence |
| 3. | Preparing plans for litigation |
| 4. | Preparing opinions regarding the plaintiff's claims |
| 5. | Providing or participating in giving statements |
| 6. | Participating in confrontations |
| 7. | Urgent temporary measures |
| 8. | Attending meetings to check submission, access, public evidence, and dialogue |
| 9. | Court decisions |
| II. | PARTICIPATING IN FIRST-INSTANCE TRIAL |
| 1. | Being present at the first-instance trial |
| 2. | Procedure for participating in the first-instance administrative trial |
| 3. | Participating in the opening procedure of the trial |
| 4. | Participating in litigation at the trial |
| 5. | Pronouncing the verdict |
| 6. | Post-first-instance trial procedures |
| III. | PARTICIPATING IN APPELLATE PROCEDURES FOR ADMINISTRATIVE CASES |
| 1. | Appealing the Court’s judgments, decisions |
| 2. | Changing, supplementing, withdrawing the appeal |
| 3. | Consequences of appeals, protests |
| 4. | Preparing for the appellate trial |
| 5. | Participating in the appellate trial |
| 6. | Attending the appellate meeting regarding the decisions of the first-instance court |
| 7. | Post-appellate trial procedures |
| IV. | PARTICIPATING IN ADMINISTRATIVE PROCEDURE AT COURT UNDER SIMPLIFIED PROCEDURES |
| 1. | Participating in the first-instance trial under simplified procedures |
| 2. | Participating in the appellate trial under simplified procedures |
| V. | PARTICIPATING IN CASSATION, RETRIAL PROCEDURES |
| 1. | Cassation, retrial procedures |
| 2. | Procedures for requesting cassation |
| 3. | Procedures for requesting retrial |
| 4. | Procedures for cassation, retrial hearings |
| PART III. | ENFORCEMENT OF COURT JUDGMENTS, DECISIONS |
| I. | GENERAL PROVISIONS ON ENFORCEMENT OF COURT JUDGMENTS, DECISIONS |
| 1. | Court judgments, decisions on administrative cases to be enforced |
| 2. | Rights and obligations of parties in judgment enforcement |
| II. | PROCEDURE FOR ENFORCING ADMINISTRATIVE JUDGMENTS |
| 1. | Enforcement of court judgments, decisions |
| 2. | Time limit for judgment enforcement |
| 3. | Handling violations in administrative judgment enforcement |
| PART IV. | IMPLEMENTATION ORGANIZATION |
| APPENDICES | 1. Sample 01: Report on administrative case enforcement |
| 2. Sample 02: Report on administrative case enforcement | |
| 3. Sample 03: Report on results of administrative case enforcement |
Detailed contents of the Guidance may be found in Decision 2587/QD-TCHQ effective from July 28, 2017, replacing Decision 2901/QD-TCHQ dated October 01, 2014.
