What must be included in a petition for an administrative lawsuit? In which case the petition to initiate an administrative case is returned in Vietnam? – Khanh Ny (Can Tho, Vietnam)
Article table of contents
Cases of return of lawsuit petitions in Vietnam (Image from the internet)
1. An administrative lawsuit petition in Vietnam
- A lawsuit petition must contain the following principal contents:
+ Date of its making;
+ Court requested to settle the administrative case;
+ Names, addresses, telephone numbers, facsimile numbers and email addresses (if any) of the plaintiff, defendant and persons with related interests and obligations;
+ Contents of the administrative decision, the disciplinary decision on dismissal or the decision on settlement of a complaint about a decision on handling of a competition case, contents of settlement of the complaint about a voter list, or a brief description of the administrative act;
+ Contents of the complaint settlement decision (if any);
+ Claims requested to be settled by the court;
+ Assurance of non-filing of a complaint with a person competent to settle complaints.
- Lawsuit petitions shall be enclosed with documents and evidences proving the infringed lawful rights and interests of plaintiffs.
In case plaintiffs cannot fully enclose documents and evidences with their lawsuit petitions for objective reasons, they shall submit existing documents and evidences to prove their infringed lawful rights and interests.
Plaintiffs shall additionally provide other documents and evidences on their own initiative or at the request of the court in the course of settlement of the case.
(Article 118 of the Law on Administrative Procedures 2015)
2. Return of lawsuit petitions in Vietnam
- According to Article 123 of the Law on Administrative Procedures 2015, the judge shall return a lawsuit petition in the following cases:
+ The plaintiff has no right to institute a lawsuit;
+ The plaintiff does not have full administrative procedure act capacity;
+ The plaintiff files the lawsuit petition with the court when failing to satisfy one of the law-prescribed conditions for instituting lawsuits.
+ The matter has been settled with a legally effective court judgment or ruling;
+ The matter does not fall under the jurisdiction of the court;
+ The plaintiff chooses to have the case or matter settled according to complaint settlement procedures in the case specified in Article 33 of Law on Administrative Procedures 2015;
+ The lawsuit petition does not fully contain the contents specified in Clause 1, Article 118 of Law on Administrative Procedures 2015 and is neither modified nor supplemented by the plaintiff under Article 122 of Law on Administrative Procedures 2015;
+ 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 Law on Administrative Procedures 2015, 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.
Within 10 days from the date of receiving the notice of court cost advance payment, the plaintiff must pay the court cost advance and submit a receipt to the Court.
- 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.
Diem My
