09 cases of refusal by or change of procedure-conducting persons in Vietnam

09 cases of refusal by or change of procedure-conducting persons in Vietnam (Internet image)

1. Who are the procedure-conducting agencies and persons?

Pursuant to Article 36 of the Law on Administrative Procedures 2015, the procedure-conducting agencies and persons are as follows:

- Administrative procedure-conducting agencies include:

= Courts;

= Procuracies.

- Administrative procedure-conducting persons include:

= Chief justices, judges, people’s assessors, verifiers and clerks of courts;

= Chief procurators, procurators and examiners.

2. Cases of refusal by or change of procedure-conducting persons in Vietnam

Article 45 of the Law on Administrative Procedures 2015 stipulates that the procedure-conducting persons shall refuse to conduct procedures or be changed in any of the following cases:

(1) They are concurrently involved parties, representatives or relatives of involved parties;

(2) They have participated in the capacity as defense counsels of the lawful rights and interests of involved parties, witnesses, expert witnesses or interpreters in the same case;

(3) They have participated in the issuance of administrative decisions or are related to administrative acts over which lawsuits are instituted;

(4) They have participated in the issuance of decisions on settlement of complaints about administrative decisions or acts over which lawsuits are instituted;

(5) They have participated in the issuance of disciplinary decisions on dismissal of civil servants or decisions on settlement of complaints about disciplinary decisions on dismissal of civil servants over which lawsuits are instituted;

(6) They have participated in the issuance of decisions on handling of competition cases or decisions on settlement of complaints about decisions on handling of competition cases over which lawsuits are instituted;

(7) They have participated in preparing audit reports and issuing decisions to settle complaints about governmental auditing activities against which lawsuits are filed;

(8) They have participated in the making of voter lists which lawsuits are instituted;

(9) There are other clear grounds to believe that they might be not impartial while performing their duties.

3. Responsibilities of procedure-conducting agencies and persons in Vietnam

Article 22 of the Law on Administrative Procedures 2015 stipulates the responsibilities of procedure-conducting agencies and persons in Vietnam as follows:

- Procedure-conducting agencies and persons shall respect the People and submit to the People’s supervision.

- The court has the duty to safeguard justice, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and rights of organizations and individuals.

The procuracy has the duty to safeguard the law, human rights, citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and rights of organizations and individuals, thus contributing to ensuring the strict and unified observance of law.

- Procedure-conducting agencies and persons shall keep state secrets and work secrets in accordance with law; preserve fine national traditions and customs, protect minors, keep professional, business and personal secrets at legitimate requests of involved parties.

- Procedure-conducting agencies and persons shall be held responsible before law for the performance of their duties and exercise of their powers.

Procedure-conducting persons who commit illegal acts shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

- While performing their duties and exercising their powers, if procedure-conducting persons commit illegal acts causing damage to agencies, organizations or individuals, agencies employing such persons shall pay compensations to damage sufferers in accordance with the law on state compensation liability.

Ngoc Nhi

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