Regulations on inheritance of administrative procedural rights and obligations in Vietnam

Regulations on inheritance of administrative procedural rights and obligations in Vietnam (Internet image)

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

1. Regulations on inheritance of administrative procedural rights and obligations in Vietnam

Regulations on inheritance of administrative procedural rights and obligations under Article 59 of the Law on Administrative Procedures 2015 are as follows:

- In case the plaintiff being an individual is dead and his/her rights and obligations are bequeathed, his/her heir may participate in procedures.

- In case the plaintiff' being an agency or organization is consolidated, merged, split up, divided or dissolved, the agency, organization or individual that inherits the rights and obligations of the former agency or organization shall exercise the procedural rights and perform the procedural obligations of such agency or organization.

- In case the defendant is a competent person in an agency or organization that is consolidated, merged, split up, divided or dissolved, the person who takes over the rights and obligations of the defendant shall participate in procedures.

In case the defendant is a competent person in an agency or organization where his/her post no longer exists, the head of this agency or organization shall exercise the rights and perform the obligations of the defendant.

- In case the defendant is an agency or organization that is consolidated, merged, divided or split up, the agency or organization that inherits the rights and obligations of the former agency or organization shall exercise the procedural rights and perform the procedural obligations of such agency or organization.

In case the defendant is a dissolved agency or organization with nobody to inherit its rights and obligations, its superior agency or organization shall exercise the rights and perform the obligations of the defendant.

- In case of merger, division, splitting up, dissolution or adjustment of administrative boundaries of an administrative unit but the subject of the administrative decision sees a change, the agency, organization or individual that has issued such administrative decision shall participate in procedures as the defendant at the court of the locality where such agency, organization or individual is based.

The agency receiving the subject of the administrative decision over which a lawsuit is instituted shall participate in procedures as a person with related interests and obligations.

- The inheritance of procedural rights and obligations may be accepted by the court at any stage in the process of settlement of an administrative case.

2. Regulations on representatives in administrative proceedings in Vietnam

Regulations on representatives in administrative proceedings in Vietnam under Article 60 of the Law on Administrative Procedures 2015 are as follows:

- Representatives in administrative procedures include at-law representatives and authorized representatives.

- An at-law representative in administrative procedures may be any of the following persons, unless his/her representation right is restricted in accordance with law:

= Father or mother, for a minor child;

= Guardian, for a ward;

= A person appointed by the court, for a person having civil act capacity restricted or having a difficulty in cognizing or controlling his/her act;

= Head of an agency or organization who is appointed or elected in accordance with law;

= Other persons defined by law.

- Authorized representatives in administrative procedures must have the full civil act capacity and be authorized in writing by involved parties or their at-law representatives.

In case a household, cooperative group or another organization without the legal person status participates in administrative procedures, its members may authorize one member among them or another person to act as their representative to participate in administrative procedures.

In case a defendant is an agency or organization or its head, he/she may only authorize his/her deputy to represent him/her in administrative procedures. The authorized person shall participate in the settlement of the whole case and fully exercise the rights and perform the obligations of defendants specified in the Law on Administrative Procedures 2015.

- At-law representatives and authorized representatives in administrative procedures shall terminate their representation in accordance with the Civil Code.

- At-law representatives in administrative procedures shall exercise administrative procedural rights and perform administrative procedural obligations of involved parties whom they represent.

Authorized representatives in administrative procedures shall exercise all administrative procedural rights and perform all administrative procedural obligations of their authorizers. An authorized person may not sub-authorize a third party.

- The following persons may not act as representatives:

= Those being involved parties in the same case with to-be-represented persons whose lawful rights and interests conflict with those of to-be-represented persons;

= Those currently acting as representatives in administrative procedures for other involved parties whose lawful rights and interests conflict with those of to-be-represented persons in the same case.

- Cadres and civil servants of courts, procuracies, inspectorates and judgment enforcement agencies; or civil servants, officers and non-commissioned officers in public security forces may not act as representatives in administrative procedures, unless they participate in the capacity as representatives of their agencies or as at-law representatives.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE