Provisions on suspension of the settlement of cases in Vietnam

Provisions on suspension of the settlement of cases in Vietnam (Internet image)

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

1. Provisions on suspension of the settlement of cases in Vietnam

Provisions on temporary suspension of administrative cases under Article 141 of the Law on Administrative Procedures 2015 are as follows:

- The court shall decide to temporarily suspend the settlement of the case in one of the following cases:

+ The involved party being an individual has died, an agency or organization has been dissolved or declared bankrupt, but no individual, agency or organization has inherited procedural rights and obligations;

+ The involved party is a person who has lost his/her civil act capacity or is a minor but his/her at-law representative has not yet been identified;

+ The time limit for trial preparation has expired but one of the involved parties cannot be present for a legitimate reason, except in cases where the trial can be held in the absence of the involved parties;

+ It is necessary to wait for the settlement results of other agencies or the results of other related cases;

+ Need to wait for additional assessment results, re-examination; it is necessary to wait for the results of judicial entrustment, entrustment to collect evidences or wait for agencies or organizations to provide documents and evidences at the request of the Court to settle the case;

+ It is necessary to wait for the results of handling legal documents related to the settlement of the case that show signs of contravention of the Constitution, laws or legal documents of superior state agencies to which the Court has written documents. a petition to the competent authority to consider amending, supplementing or annulling such document.

- The decision to temporarily suspend the settlement of the case may be appealed or protested against according to appellate procedures

2. Regulations on termination of settlement of cases in Vietnam

Regulations on termination of settlement of cases under Article 143 of the Law on Administrative Procedures 2015 (amended in Law on amendments to some Articles of the Law on State Audit Office of Vietnam 2019) are as follows:

- 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 this Law, 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.

- 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.

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