Hanoi-Vietnam: Process of trying an administrative case according to appellate procedures

Hanoi-Vietnam: Process of trying an administrative case according to appellate procedures (Image from Internet)

1. Process of trying an administrative case according to appellate procedures

The process of trying an administrative case according to appellate procedures specified in Article 233 Law on Administrative Procedures 2015 is as follows:

- Preparation for the opening of the court session, procedures for opening the appellate court hearing, procedures for disclosing documents, examining physical evidence in the appellate trial, deliberation, and pronouncement of judgment, correction, and supplementation of the appellate judgment shall be conducted similarly to the first-instance procedures as prescribed by the Law on Administrative Procedures 2015.

- After the procedures for opening the appellate court hearing are concluded, a member of the appellate trial panel shall announce the case content, the decision of the first-instance judgment, and the content of the appeal or protest.

- The presiding judge shall inquire about the following issues:

+ Whether the plaintiff withdraws the lawsuit petition or not;

+ Whether the appellant or the procurator changes, supplements or withdraws the appeal or protest or not;

+ Whether involved parties can reach an agreement on resolving the case or not.

- In case the appellant withdraws part of the appeal or the procurator withdraws part of the protest, the court shall accept the withdrawal. If the appellant or the procurator supplements new content not within the scope of the initial appeal or protest, the court shall not consider that content.

- The presiding judge shall inquire involved parties and the procurator about changing, supplementing, or withdrawing the appeal or protest at the trial as follows:

+ Inquire the plaintiff whether they withdraw the lawsuit petition or not;

+ Inquire the appellant or the procurator whether they change, supplement, or withdraw the appeal or protest or not.

- In case the Procuracy protests, the procurator shall express the Procuracy's viewpoint on the protest against the decision of the first-instance judgment being protested.

2. Provisions on the presentations of involved parties and procurators at appellate court hearings

The provisions on the presentations of involved parties and procurators at appellate court hearings according to Article 237 Law on Administrative Procedures 2015 are as follows:

- In cases where involved parties maintain their appeal or the Procuracy maintains its protest, the presentation at the appellate trial shall be conducted as follows:

+ The legal representative of the appellant shall present the content of the appeal and the grounds for the appeal. The appellant has the right to add comments.

In case all involved parties file appeals, the presentations shall be made in the following order: the defense counsel of lawful rights and interests of the plaintiff filing an appeal and the plaintiff; the defense counsel of lawful rights and interests of the defendant filing an appeal and the defendant; the defense counsel of lawful rights and interests of the person with related rights and obligations filing an appeal and the person with related rights and obligation.

+ In cases where only the Procuracy protests, the procurator shall present the content of the protest and the grounds for the protest. If both an appeal and a protest exist, involved parties shall first present the content and grounds for the appeal, followed by the procurator presenting the content and grounds for the protest.

+ The legal representative of other parties related to the appeal or protest shall present their opinions on the content of the appeal or protest. Involved parties have the right to add comments.

- In cases where involved parties do not have a legal representative, they shall present their opinions on the content of the appeal or protest and their requests themselves.

- At the appellate trial, the involved parties and the procurator have the right to submit additional documents and evidence.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE