Provisional urgent measures in administrative proceedings in Vietnam

Provisional urgent measures in administrative proceedings in Vietnam (Internet image)

1. Provisional urgent measures in administrative proceedings in Vietnam

Provisional urgent measures in administrative proceedings include:

(1) Suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases, compliance with part or all of conclusions and requests of SAV

- The suspension of execution of administrative decisions, disciplinary decisions on dismissal or decisions on handling of competition cases shall be imposed if, in the course of settlement of a case, there are grounds for presuming that the execution of such decisions will lead to irremediable serious consequences.

- The suspension of compliance with part or all of conclusions and requests of SAV shall be imposed if, in the course of settlement of a case, there are grounds for presuming that the compliance with part or all of conclusions and requests will lead to irremediable serious consequences.

(2) Suspension of performance of administrative acts

The measure of suspension of performance of an administrative act shall be applied when there is a ground to believe that the continued performance of such administrative act will lead to irremediable serious consequences.

(3) Ban on or compulsion of performance of certain acts

The measure of ban on or compulsion of performance of certain acts shall be applied if in the course of settlement of a case there is a ground to believe that performance or non-performance of certain acts by an involved party has affected the settlement of the case or the lawful rights and interests of other persons involved in the case being settled by the court.

(Articles 68, 69, 70, 71 of the Law on Administrative Procedure 2015, as amended by Clauses 2 and 3, Article 2 of the Law on amendments to some Articles of the Law on State Audit Office of Vietnam 2019)

2. Right to request application of provisional urgent measures in Vietnam

- In the course of settlement of a case, involved parties or their representatives may request the court currently settling the case to apply one or several provisional urgent measures specified in Article 68 of the Law on Administrative Procedure 2015 to provisionally deal with urgent requests of involved parties, protect evidences or preserve the current state so as to prevent irremediable damage or to assure the case settlement or judgment execution.

- In emergency cases when it is necessary to immediately protect evidences or to prevent possible serious consequences, agencies, organizations or individuals may file applications to request competent courts to issue decisions on application of provisional urgent measures specified in Article 68 of the Law on Administrative Procedure 2015 simultaneously with the filing of lawsuit petitions with such courts.

- Requesters for application of provisional urgent measures are not required to pay a security.

(Article 66 of the Law on Administrative Procedure 2015)

3. Liability for request for, or application of, provisional urgent measures in Vietnam

- An involved party that requests the court to issue a decision on application of a provisional urgent measure shall be held responsible before law for his/her request. If he/she is at fault in causing damage, he/she shall pay compensation.

- The court that applies a provisional urgent measure not true to the request of an involved party, causing damage to the person subject to this measure or to a third party shall pay compensation.

- The court that applies a provisional urgent measure not within the time limit prescribed by law or fails to apply a provisional urgent measure without a plausible reason, causing damage to the requester for application of such measure shall pay compensation.

- The payment of compensation under Clauses 2 and 3 of this Article shall be made in accordance with the Law on State Compensation Liability.

(Article 72 of the Law on Administrative Procedure 2015)

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