Cases of termination of settlement of cases in Vietnam

Cases of termination of settlement of cases in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of termination of settlement of cases in Vietnam

According to Article 143 of the Law on Administrative Procedures 2015, the court shall decide to terminate the settlement of a case when:

- The plaintiff being an individual dies while his/her rights and obligations are not inherited: or the plaintiff being an agency or organization is dissolved or declared bankrupt without any agency, organization or individual inheriting its procedural rights and obligations;

- The plaintiff withdraws the lawsuit petition in case there is no independent claim of persons with related interests and obligations. In case there is an independent claim of a person with related interests and obligations who retains his/her independent claim, the court shall issue a decision to suspend the settlement of the case with regard to the withdrawn claim of the plaintiff;

- The plaintiff withdraws the lawsuit petition and persons with related interests and obligations withdraw independent claims;

- The plaintiff fails to make an advance for property valuation expenses and other procedural expenses prescribed by law.

In case a person with related interests and obligations makes an independent claim without making an advance for property valuation expenses and other procedural expenses in accordance with the Law on Administrative Procedures 2015, the court shall terminate the settlement of such independent claim;

- The plaintiff is absent though he/she has been duly summoned twice, unless he/she/ it requests the court to try the case in his/her/its absence or in case of a force majeure event or an objective obstacle;

- The defendant annuls the administrative decision, disciplinary decision on dismissal or decision on settlement of a complaint about a decision on handling of a competition case, or terminates the administrative act over which the lawsuit is instituted, and the plaintiff agrees to withdraw the lawsuit petition while persons with related interests and obligations who have made independent claims agree to withdraw their claims;

- The statute of limitations for lawsuit institution has expired;

- The cases specified in Clause 1, Article 123 of the Law on Administrative Procedures 2015 in which the court has accepted the case.

Note:

- Upon the issuance of a decision to terminate the settlement of a case, the court shall return the lawsuit petition, documents and evidences to involved parties if they so request.

- Decisions on termination of the settlement of cases may be appealed or protested against according to appellate procedures.

2. Consequences of the termination of settlement of cases in Vietnam

Pursuant to Article 144 of the Law on Administrative Procedures 2015, consequences of the termination of settlement of cases are prescribed as follows:

- When a decision on termination of settlement of a case is issued, involved parties may not institute a lawsuit requesting the court to resettle this case if the subsequent lawsuit does not bring any difference from the previous one regarding the plaintiff, defendant and disputed legal relation, except the cases subject to termination under Points b, c and e, Clause 1, Article 123, and Points b and dd, Clause 1, Article 143, of the Law on Administrative Procedures 2015 and other cases specified by law.

- Legal cost advances and fees paid by involved parties shall be handled in accordance with the law on legal cost and court fee.

3. Who has the competence to issue decisions on suspension, resumption or termination of the settlement of cases in Vietnam? 

Article 145 of the Law on Administrative Procedures 2015 stipulates the competence to issue decisions on suspension, resumption or termination of the settlement of cases as follows:

- A judge assigned to settle a case may issue a decision on suspension, resumption or termination of the settlement of such case.

- Within 3 working days after the judge issues a decision specified in Clause 1 of Article 145 of the Law on Administrative Procedures 2015, the court shall send such decision to involved parties and the same-level procuracy

Nguyen Nhu Mai

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE