THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 64/2010/QH12 Hanoi, November 24, 2010
LAW
ON ADMINISTRATIVE PROCEDURES
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Administrative Procedures.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for fundamental principles in administrative procedures; tasks, powers and
responsibilities of procedure-conducting agencies and persons; rights and obligations of
procedure participants and related individuals, agencies, organizations; order and procedures for
instituting lawsuits, settling administrative cases, enforcing administrative judgments and settling
complaints and denunciations in administrative procedures.
Article 2. Effect of the Law on Administrative Procedures
1. The Law on Administrative Procedures applies to all administrative procedural activities
conducted in the territory of the Socialist Republic of Vietnam.
2. The Law on Administrative Procedures applies to administrative procedural activities
conducted by overseas diplomatic missions of the Socialist Republic of Vietnam.
3. The Law on Administrative Procedures applies to the settlement of administrative cases
involving foreign elements. In case a treaty to which the Socialist Republic of Vietnam is a
contracting party otherwise provides, such treaty will prevail.
4. Administrative cases involving foreign individuals, agencies and organizations and
international organizations eligible for diplomatic or consular privileges and immunities under
Vietnamese law or treaties to which the Socialist Republic of Vietnam is a contracting party shall
be handled through diplomatic channels.
Article 3. Interpretation of terms
In this Law, the terms and phrases below are construed as follows:
1. Administrative decision means a document issued by a state administrative agency, another
agency or organization or a competent person in this agency or organization, deciding on a
specific matter in administrative management activities, and applicable once to one or a number
of specific subjects.
2. Administrative act means an act taken by a state administrative agency, another agency or
organization or a competent person in this agency or organization to perform or not to perform
its/his/her task or official duty under law.
3. Disciplinary decision on dismissal means a document presented in the form of decision of the
head of an agency or organization to apply the disciplinary form of dismissal to a civil servant
under his/her management.
4. Internal administrative decisions and acts of an agency or organization means decisions and
acts taken to manage, direct and administer the performance of the functions and tasks within
this agency or organization.
5. Involved parties include the plaintiff, defendant and persons with related interests and
obligations.
6. Plaintiff means an individual, agency or organization that institutes an administrative lawsuit
over an administrative decision or act, a disciplinary decision on dismissal, a decision on
settlement of a complaint about a decision on handling of a competition case, or over the making
of a voter list.
7. Defendant means an individual, agency or organization that has made an administrative
decision, taken an administrative act or issued a disciplinary decision on dismissal, a decision on
settlement of a complaint about a decision on handling of a competition case or made a voter list
over which a lawsuit is instituted.
8. Person with related interests and obligations means an individual, agency or organization that,
though being neither the plaintiff nor the defendant, has his/her/its interests and obligations
related to the settlement of an administrative case and, therefore, participates at his/her/its own
initiative or at the request of another involved party approved by the court or on summoned by
the court to participate in procedures in the capacity as a person with related interests and
obligations.
9. Agencies and organizations include state agencies, political organizations, socio-political
organizations, socio-political-professional organizations, social organizations, socio-professional
organizations, economic organizations, non-business units and people's armed forces units.
Article 4. Assurance of socialist legality in administrative procedures
All administrative procedural activities of procedure-conducting persons, procedure participants,
and related individuals, agencies and organizations must comply with this Law.
Article 5. Right to request the court to protect rights and legitimate interests
Individuals, agencies and organizations may institute administrative lawsuits to request the court
to protect their rights and legitimate interests under this Law.
Article 6. Settlement of matters of compensation in administrative cases
The plaintiff and persons with related interests and obligations in an administrative case may
concurrently claim compensation for damage. In this case, regulations on the State's
compensation liability and the law on civil procedures shall be applied to the settlement of
claims for compensation for damage.
In case an administrative case involves a claim for compensation for damage but under no
condition can such claim be proven, the court may separate such claim from this case for
subsequent settlement in another civil case under law.
Article 7. Self-determination and discretion of plaintiffs
Individuals, agencies and organizations may decide to institute administrative lawsuits. Courts
shall accept administrative cases for settlement only when lawsuit petitions are filed by plaintiffs.
In the course of settlement of administrative cases, plaintiffs may withdraw, change or add their
lawsuit claims under this Law.
Article 8. Burden of proof in administrative procedures
1. Involved parties have the right and obligation to furnish the court with evidence and prove that
their claims are grounded and lawful.
2. The court shall verify and collect evidence in the cases specified by this Law.
Article 9. Responsibility of competent individuals, agencies and organizations to provide
documents and evidence
Individuals, agencies and organizations shall, within the ambit of their tasks and powers,
sufficiently and promptly provide involved parties, the court and the procuracy with documents
and evidence they are keeping or managing at the request of the involved parties. In case they
cannot do so, they shall notify such in writing to involved parties, the court and the procuracy,
clearly stating the reason.
Article 10. Equality in rights and obligations in administrative procedures
1. All citizens arc equal before law and the court, regardless of their nationality, sex, social
strata, belief, religion, educational level and occupation.
2. All agencies and organizations are equal, regardless of their forms of organization and
ownership and other matters.
3. Involved parties are equal in their rights and obligations in the course of settlement of an
administrative case. The court shall create conditions for them to exercise their rights and fulfill
their obligations.
Article 11. Assurance of the right of involved parties to protect their rights and legitimate
interests
1. Involved parties may protect their rights and legitimate interests by themselves or ask lawyers
or others to do so.
2. The court shall assure involved parties of the right to protect their rights and legitimate
interests.
Article 12. Dialogues in administrative procedures
In the course of settlement of an administrative case, the court shall create conditions for
involved parties to have dialogues on the settlement of their case.
Article 13. People's jurors' participation in the trial of administrative cases
The trial of administrative cases shall be participated by people's jurors in accordance with this
Law. In the course of trial people's jurors are equal in power to judges.
Article 14. Judges and people's jurors conduct trial independently and abide by law only
In the course of trial of an administrative case, judges and people's jurors are independent and
abide by law only.
All acts of intervening or hindering judges and people's jurors from performing their tasks are
prohibited.
Article 15. Responsibilities of administrative procedure-conducting agencies and persons
1. Administrative procedure-conducting agencies and persons shall respect the people and
Submit' to the people's supervision.
2. Administrative procedure-conducting agencies and persons shall be held responsible before
law for the performance of their tasks and powers. In case procedure-conducting persons commit
law violations, they shall, depending on the nature and severity of their violations, be disciplined
or examined for penal liability under law.
3. Administrative procedure-conducting agencies and persons shall keep state secrets and work
secrets under law; preserve fine national customs and traditions; keep professional, business and
privacy secrets of involved parties upon their legitimate requests.
4. When administrative procedure- conducting persons commit illegal acts causing damage to
individuals, agencies or organizations, agencies employing such persons shall pay compensations
for damage to damaged parties. under the law on the State's compensation liability.
Article 16. The court conducts trial on a collegial basis
The court shall conduct trial of administrative cases on a collegial basis and make decisions by
majority.
Article 17. Public trial
The trial of administrative cases shall be conducted in public. In case of necessity to keep state
secrets or secrets of involved parties upon their legitimate requests, the court shall conduct trial
behind closed doors but shall pronounce the judgment publicly.
Article 18. Assurance of impartiality of administrative procedure-conducting persons or
administrative procedure participants
Court presidents, judges, people's jurors, court clerks, procuracy directors, procurators,
interpreters and experts may not conduct or participate in procedures if there are plausible
grounds to believe that they might not be impartial while performing their tasks and powers.
Article 19. Implementation of the two-tier trial regime
1. The court shall implement the regime of two-tier trial of administrative cases, except the trial
of administrative cases involving complaints about a list of voters to elect deputies to the
National Assembly or a list of voters to elect deputies to People's Councils. Judgments and
rulings rendered by first-instance courts may be appealed or protested against under this Law.
First-instance judgments and rulings, if not appealed or protested against according to appellate
procedures within the time limit specified in this Law, shall be legally effective. For first-
instance judgments or rulings which are appealed or protested against, the cases shall be settled
according to appellate procedures. Appellate judgments and rulings shall be legally effective.
2. For legally effective court judgments and rulings, if law violations or new circumstances are
discovered, they shall be reviewed according to cassation or reopening procedures under this
Law.
Article 20. Trial supervision
Superior courts shall supervise trials conducted by subordinate courts and the Supreme People's
Court shall supervise trials conducted by courts at all levels in order to assure the strict and
uniform application of law.
Article 21. Assurance of the effect of court judgments and rulings
Legally effective court judgments and rulings on administrative cases shall be executed and
respected by individuals, agencies and organizations.
Individuals, agencies and organizations that are obliged to execute court judgments and rulings
shall strictly do so.
Within the ambit of their tasks and powers, courts, agencies and organizations assigned with
tasks related to the execution of court judgments and rulings shall strictly execute these
judgments and rulings and be held responsible before law for their performance of these tasks.
Article 22. Spoken and written languages used in administrative procedures
The spoken and written language used in administrative procedures is Vietnamese.
Administrative procedure participants may use spoken and written languages of their
nationalities. In this case, interpreters are required.
Article 23. Supervision of law observance in administrative procedures
1. People's procuracies shall supervise the law observance in administrative procedures in order
to assure timely and lawful settlement of administrative cases.
2. People's procuracies shall supervise administrative cases from the time of acceptance for
settlement to the time of completion of the settlement; participate in court hearings and sessions;
supervise the law observance in the execution of court judgments and rulings; and exercise the
right to make requests, recommendations and protests under law.
3. For administrative decisions and acts related to the rights and legitimate interests of minors or
persons who have lost their civil act capacity, if these persons have no representatives to institute
lawsuits, procuracies may request People's Committees of communes, wards and townships
(below collectively referred to as commune-level People's Committees) in which these persons
reside to appoint guardians to institute administrative lawsuits to protect their rights and
legitimate interests.
Article 24. Responsibility of the court to deliver documents and papers
1. Courts shall deliver directly or send by post their judgments, rulings, summonses and other
papers related to administrative procedure participants to these persons under this Law.
2. If it is impossible to deliver directly or send by post judgments, rulings, summonses and other
papers to administrative procedure participants, courts shall deliver these documents and papers
to commune-level People's Committees of localities in which these persons reside or to agencies
or organizations in which these persons work for delivery to these persons.
Commune-level People's Committees of localities in which administrative procedure participants
reside or agencies or organizations in which these persons work shall notify courts of results of
delivery of court judgments, rulings, summonses and other papers within 5 working days after
receiving requests of courts. For mountainous, border, island, deep-lying and remote areas, this
time limit is 10 working days.
Article 25. Participation of individuals, agencies and organizations in administrative
procedures
Individuals, agencies and organizations have the right and obligation to participate in
administrative procedures under this Law and contribute. to promptly and lawfully settling
administrative cases at court.
Article 26. Assurance of the right to complain and denounce in administrative procedures
Individuals, agencies and organizations have the right to complain about, and individuals have
the right to denounce illegal acts of administrative procedure-conducting agencies and persons or
of any individuals, agencies or organizations in administrative procedural activities.
Competent agencies, organizations and individuals shall receive, consider and settle in a timely
and lawful manner complaints and denunciations; and notify in writing settlement results to
complainants and denouncers.
Article 27. Court fees and legal fees and costs
Court fees and legal fees and costs comply with law.
Chapter II
JURISDICTION OF COURTS
Article 28. Lawsuits under jurisdiction of courts
1. Lawsuits over administrative decisions or acts, except those pertaining to state secrets in the
fields of national defense, security and foreign affairs as classified by the Government and those
of internal nature of agencies and organizations.
2. Lawsuits over lists of voters to elect deputies to the National Assembly or to People's
Councils.
3. Lawsuits over disciplinary decisions on dismissal of civil servants holding the post of general
director of a general department or equivalent or lower posts.
4. Lawsuits over decisions on settlement of complaints about decisions on handling of
competition cases.
Article 29. Jurisdiction of people's courts of districts, towns or provincial cities
People's courts of districts, towns or provincial cities (below collectively referred to as district-
level courts) shall settle according to first-instance procedures the following lawsuits:
1. Lawsuits over administrative decisions or acts of state agencies at the district or lower level
within the same administrative boundaries with courts or of competent persons in these state
agencies;
2. Lawsuits over disciplinary decisions on dismissal of civil servants under the management of
agencies or organizations at the district or lower level within the same administrative boundaries
with courts, issued by heads of these agencies or organizations;
3. Lawsuits over lists of voters to elect deputies to the National Assembly or to People's Councils
made by agencies in charge of making voter lists within the same administrative boundaries with
courts.
Article 30. Jurisdiction of people's courts of provinces and centrally run cities
1. People's courts of provinces and centrally run cities (below collectively referred to as
provincial-level courts) shall settle according to first-instance procedures the following lawsuits:
a/ Lawsuits over administrative decisions or acts of ministries, ministerial-level agencies,
government-attached agencies, the Presidential Office, the Office of the National Assembly, the
State Audit, the Supreme People's Court and the Supreme People's Procuracy, and administrative
decisions or acts of competent persons in these agencies, which are filed by plaintiffs whose
places of residence, workplaces or offices are located within the same administrative boundaries
with the courts. In case plaintiffs have no places of residence, workplaces or offices in the
Vietnamese territory, courts of localities in which agencies or persons competent to issue
administrative decisions or acts are located have jurisdiction to settle these lawsuits;
b/ Lawsuits over administrative decisions or acts of state agencies among those specified at Point
a of this Clause, and administrative decisions or acts of competent persons in these agencies,
which are filed by plaintiffs whose places of residence, workplaces or offices are located within
the same administrative boundaries with the courts. In case plaintiffs have no places of residence,
workplaces or offices in the Vietnamese territory, courts of localities in which agencies or
persons competent to issue administrative decisions or acts are located have jurisdiction to settle
these lawsuits;
c/ Lawsuits over administrative decisions or acts of provincial-level state agencies within the
same administrative boundaries with the courts and of competent persons in these state agencies;
d/ Lawsuits over administrative decisions or acts of overseas diplomatic missions of the Socialist
Republic of Vietnam or of competent persons in these missions, which are filed by plaintiffs
whose places of residence are located within the same administrative boundaries with the courts.
In case plaintiffs have no places of residence in Vietnam, the People's Court of Hanoi city or Ho
Chi Minh City has jurisdiction to settle these lawsuits;
e/ Lawsuits over disciplinary decisions on dismissal issued by heads of provincial, ministerial or
central agencies or organizations, which are filed by plaintiffs whose workplaces by the time of
disciplining are located within the same administrative boundaries with the courts;
f/ Lawsuits over decisions on settlement of complaints about decisions on handling of
competition cases, which are filed by plaintiffs whose places of residence, workplaces or offices
are located within the same administrative boundaries with the courts;
g/ When necessary, provincial-level courts may pick up lawsuits under jurisdiction of district-
level courts for settlement.
2. The Supreme People's Court shall guide the implementation of this Article.
Article 31. Determination of jurisdiction in case both complaint and lawsuit petition are
filed
1. In case a plaintiff files a petition to institute an administrative lawsuit at a competent court and
concurrently files a complaint with a person competent to settle complaints, the plaintiff may
choose the jurisdiction to settle the case.
2. The Supreme People's Court shall guide the implementation of this Article.
Article 32. Transfer of cases to other courts and settlement of disputes over jurisdiction
1. Before deciding to bring a case to trial, if finding that the case does not fall under its
jurisdiction, a court shall issue a decision to transfer the case file to a competent court and delete
it from the book of case acceptance. This decision shall be promptly sent to the involved parties
and the same-level procuracy.
An involved party may file a complaint and the same-level procuracy may file a protest against
such decision within 3 working days after receiving it. Within 3 working days after receiving a
complaint or protest, the court president that has issued the decision to transfer the administrative
case shall settle the complaint or protest. The decision of the court president is final.
2. Disputes over jurisdiction to settle administrative cases between district-level courts in the
same province or centrally run city shall be settled by the president of the provincial-level court.
Disputes over jurisdiction to settle an administrative case between district-level courts in
different provinces or centrally run cities or between provincial-level courts shall be settled by
the President of the Supreme People's Court.
3. The Supreme People's Court shall guide the implementation of this Article.
Article 33. Consolidation or split-up of administrative cases
1. A. court may consolidate two or more cases it has separately accepted into a sole case for
settlement.
2. A court may split up a case involving different, claims into two or more cases for settlement.
3. Upon consolidating cases or splitting up a case under Clause 1 or 2 of this Article, the court
that has accepted this case shall issue a decision to this effect and promptly send it to the
involved parties and same-level procuracy.
4. The Supreme People's Court shall guide the implementation of this Article.
Chapter III
PROCEDURE-CONDUCTING AGENCIES AND PERSONS AND CHANGE OF
PROCEDURE-CONDUCTING PERSONS
Article 34. Procedure-conducting agencies and persons
1. Administrative procedure-conducting agencies include:
a/ People's courts;
b/ People's procuracies.
2. Administrative procedure-conducting persons include:
a/ Court presidents, judges, people's jurors and court clerks;
b/ Directors of procuracies and procurators.
Article 35. Tasks and powers of presidents of courts
1. Presidents of courts have the following tasks and powers:
a/ To organize the work of settling administrative cases under their courts' jurisdiction;
b/ To assign judges to settle administrative cases, people's jurors to participate in trial panels of
administrative cases; to assign court clerks to conduct procedures for administrative cases;
c/ To decide to change judges, people's jurors and court clerks before the opening of court
hearings;
d/ To decide to change experts and interpreters before the opening of court hearings;
e/ To issue decisions and conduct administrative procedures;
f/ To file protests against legally effective court judgments or rulings according to cassation or
reopening procedures;
g/ To settle complaints and denunciations.
2. The president of a court may authorize a vice president to perform his/her tasks and exercise
his/her powers provided in Clause 1 of this Article. Authorized vice presidents shall be
answerable to the presidents of courts for the performance of their assigned tasks.
Article 36. Tasks and powers of judges
1. To make case files.
2. To decide to apply, change or cancel provisional urgent measures.
3. To decide to terminate or suspend the settlement of administrative cases.
4. To organize dialogues between involved parties upon request.
5. To decide to bring administrative cases to trial.
6. To decide to summon participants in court hearings.
7. To participate in trying administrative cases.
8. To conduct procedural activities and vote on matters falling under the jurisdiction of trial
panels.
Article 37. Tasks and powers of people's jurors
1. To study case files.
2. To request presidents of courts and judges assigned to settle administrative cases to issue
necessary decisions within their competence.
3. To participate in trying administrative cases.
4. To conduct procedural activities and vote on matters falling under the jurisdiction of trial
panels.
Article 38. Tasks and powers of court clerks
1. To make necessary professional preparations before the opening of court hearings.
2. To announce internal rules of court hearings.
3. To report to trial panels on the presence or absence of participants in court hearings who have
been summoned by the court and reasons for their absence.
4. To write minutes of court hearings.
5. To conduct other procedural activities under this Law.
Article 39. Tasks and powers of directors of procuracies
1. When supervising the law observance in administrative procedural activities, directors of
procuracies have the following tasks and powers:
a/ To organize and direct the supervision of the law observance in administrative procedures;
b/ To assign procurators to supervise the law observance in administrative procedures,
participate in court hearings and sessions to settle administrative cases;
c/ To examine procurators' activities of supervising law observance in administrative procedures;
d/ To decide to change procurators
e/ To file protests against court judgments or rulings according to appellate, cassation or
reopening procedures;
f/ To settle complaints and denunciations under this Law.
2. The director of a procuracy may authorize a vice director to perform his/her tasks and exercise
his/her powers provided in Clause 1 of this Article. Authorized vice directors shall be answerable
to the directors of procuracies for the performance of their assigned tasks.
Article 40. Tasks and powers of procurators
1. To supervise the law observance in (he settlement of administrative cases.
2. To supervise the law observance by procedure participants.
3. To participate in court hearings and sessions to settle administrative cases.
4. To supervise court judgments and rulings.
5. To perform other tasks and exercise other powers failing under procuracies' competence as
assigned by their directors.
Article 41. Cases of refusal or change of procedure-conducting persons
Procedure-conducting persons shall refuse to conduct procedures or be changed in the following
cases:
1. They are concurrently involved parties, representatives or relatives of these parties;
2. They have participated in the capacity as defense counsel of the rights and legitimate interests
of involved parties, witness, expert or interpreter in the same case;
3. They have participated in the issuance of administrative decisions or are related to
administrative acts over which lawsuits are instituted;
4. They have participated in the issuance of decisions on settlement of complaints about
administrative decisions or acts over which lawsuits are instituted;
5. They have participated in the issuance of disciplinary decisions on dismissal of civil servants
or decisions on settlement of complaints about disciplinary decisions on dismissal of civil
servants over which lawsuits are instituted;
6. They have participated in the issuance of decisions on handling of competition cases or
decisions on settlement of complaints about decisions on handling of competition cases over
which lawsuits are instituted;
7. They have participated in the making of lists of voters to elect deputies to the National
Assembly or to People's Councils over which lawsuits are instituted;
8. There are clear grounds to believe that they might not be impartial while performing their
tasks.
Article 42. Change of judges or people's jurors
Judges or people's jurors shall refuse to conduct procedures or be changed in the following cases:
1. They fall into one of the cases specified in Article 41 of this Law;
2. They are relatives of other members of the trial panel;
3. They have participated in the first-instance, appellate, cassation or reopening trial of the same
case, unless they are members of the Judges' Council of the Supreme People's Court or the
judges' committee of a provincial court who are allowed to participate in trying a case for many
times according to cassation or reopening procedures;
4. They have conducted procedures in the same case in the capacity as procurator or court clerk.
Article 43. Change of procurators
Procurators shall refuse to conduct procedures or be changed in the following cases:
1. They fall into one of the cases specified in Article 41 of this Law;
2. They have conducted procedures in the same case in the capacity as judge, people's juror,
procurator or court clerk;
3. They are relatives of a member of the trial panel of the case.
Article 44. Change of court clerks
Court clerks shall refuse to conduct procedures or be changed in the following cases:
1. They fall into one of the cases specified in Article 41 of this Law;
2. They have conducted procedures in the same case in the capacity as judge, people's juror,
procurator or court clerk;
3. They are relatives of one of other procedure participants in the case.
Article 45. Procedures for refusing to conduct procedures or requesting change of
procedure-conducting persons
1. The refusal to conduct procedures or request for change of procedure-conducting persons
before the opening of a court hearing must be recorded in writing, clearly stating the reason and
ground for such refusal or request.
2. The refusal to conduct procedures or request for change of procedure-conducting persons at a
court hearing must be recorded in the court hearing minutes.
Article 46. Decisions on change of procedure-conducting persons
1. Before the opening of a court hearing, the change of a judge, people's juror or court clerk shall
be decided by the president of the court. If the judge requested to be changed is the president of
the court, the change shall be decided by the president of the immediate superior court.
Before the opening of a court hearing, the change of a procurator shall be decided by the director
of the same-level procuracy. If the procurator requested to be changed is the director of the
procuracy, the change shall be decided by the director of the immediate superior procuracy.
2. During a court hearing, the change of a judge, people's juror, court clerk or procurator shall be
decided by the trial panel after hearing opinions of the person requested to be changed. The trial
panel shall discuss the change in the deliberation room and decide thereon by majority.
In case a judge, people's juror, court clerk or procurator must be changed, the trial panel shall
issue a decision to postpone the court hearing under this Law. The appointment of anew judge,
people's juror, court clerk or procurator shall be decided by the president of the court. If the
changed person is the president of the court, the appointment shall be decided by the president of
the immediate superior court. The appointment of a new procurator shall be decided by the
director of the same-level procuracy. If the changed procurator is the director of the procuracy,
the appointment shall be decided by the director of the immediate superior procuracy.
3. Within 7 working days after the court hearing is postponed, the president of the court or the
director of the procuracy shall appoint a person in replacement of the changed one.
Chapter IV
PROCEDURE PARTICIPANTS AND THEIR RIGHTS AND OBLIGATIONS
Article 47. Procedure participants
Administrative procedure participants include involved parties, representatives of involved
parties, defense counsels of the rights and legitimate interests of involved parties, witnesses,
experts and interpreters.
Article 48. Administrative procedure law capacity and administrative procedure act
capacity of involved parties
1. Administrative procedure law capacity means the capacity to have law-established rights and
obligations in administrative procedures. All individuals, agencies and organizations have the
same administrative procedure law capacity in requesting courts to protect their rights and
legitimate interests.
2. Administrative procedure act capacity means the capacity of a person to exercise his/ her
administrative procedure rights or perform his/her administrative procedure obligations on
his/her own or to authorize a representative to participate in administrative procedures.
3. An involved party who is full 18 years or older has the full administrative procedure act
capacity, except those who have lost their civil act capacity or otherwise provided by law.
4. An involved party who is a minor or a person who has lost his/her civil act capacity shall
exercise his/her rights and perform his/her obligations in administrative procedures through
his/her at-law representative.
5. An involved party that is an agency or organization shall exercise its right and perform its
obligation in administrative procedures through its at-law representative.
Article 49. Rights and obligations of involved parties
1. To provide documents and evidence to prove and protect their rights and legitimate interests.
2. To get access to, read, take note of, copy and see documents and evidence provided by other
involved parties or collected by the court.
3. To request individuals, agencies and organizations that are keeping or managing evidence to
provide this evidence for furnishing it to the court.
4. To request the court to verify or collect evidence of the case which they cannot verify or
collect; to request (he court to summon witnesses, solicit expert examinations and assessment or
valuation of assets or appraisal of asset prices.
5. To request the court to apply, change or cancel provisional urgent measures.
6. To participate in court hearings.
7. To request the court to suspend the settlement of the case.
8. To authorize in writing lawyers or other persons to represent them in participating in
procedures.
9. To request change of procedure-conducting persons or procedure participants.
10. To request the court to summon persons with related interests and obligations to participate
in procedures.
11. To enter into dialogues in the course of settlement of the case by the court.
12. To receive valid notices for exercising their rights and performing their obligations.
13. To defend their rights and legitimate interests or ask other persons to do so.
14. To argue at court hearings.
15. To appeal against or complain about court judgments or rulings.
16. To request competent persons to file protests against legally effective court judgments or
rulings according to cassation or reopening procedures.
17. To be provided with extracts of court judgments, court judgments or rulings.
18. To provide sufficiently and promptly relevant documents and evidence at the request of the
court.
19. To be present in response to court summonses and abide by court rulings in the course of
settlement of the case.
20. To respect the court and strictly observe internal rules of court hearings.
21. To pay court fee and legal cost advances, court fees and legal costs in accordance with law.
22. To strictly abide by legally effective court judgments and rulings.
23. Other rights and obligations provided by law.
Article 50. Rights and obligations of plaintiffs
1. The rights and obligations of involved parties specified in Article 49 of this Law
2. To withdraw part or whole of their lawsuit claims; to change or supplement contents of their
lawsuit claims within the statute of limitations for lawsuit institution.
Article 51. Rights and obligations of defendants
1. The rights and obligations of involved parties specified in Article 49 of this Law.
2. To be informed by the court of lawsuits against them.
3. To modify or cancel administrative decisions, disciplinary decisions on dismissal, decisions on
settlement of complaints about decisions on handling of competition cases or voter lists over
which lawsuits are instituted; to stop or remedy administrative acts over which lawsuits are
instituted.
Article 52. Rights and obligations of persons with related interests and obligations
1. Persons with related interests and obligations may make independent claims and participate in
procedures on the side of the plaintiff or the defendant.
2. Persons with related interests and obligations that make independent claims have the rights
and obligations of the plaintiff specified in Article 50 of this Law.
3. Persons with related interests and obligations that participate in procedures on the side of the
plaintiff or have interests only have the rights and obligations specified in Article 49 of this Law.
4. Persons with related interests and obligations that participate in procedures on the side of the
defendant or have obligations only have the rights and obligations specified in Clauses 1 and 2,
Article 51 of this Law.
Article 53. Inheritance of administrative procedural rights and obligations
1. In case the plaintiff being an individual is dead and his/her rights and obligations are
bequeathed, his/her heir may participate in procedures.
2. 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 of obligations of the
former shall exercise the procedural rights and perform the procedural obligations of such
agency or organization.
3. In case the defendant is a competent person in an agency or organization which is
consolidated, merged, split up, divided or dissolved, the person who takes over the rights and
obligations of the defendant shall participate in judicial procedures.
In case the defendant is a competent person in an agency or organization whose post no longer
exists, the head of this agency or organization shall exercise the rights and perform the
obligations of the defendant.
4. In case the defendant is an agency or organization which is consolidated, merged, divided or
split up, the agency or organization inheriting the rights and obligations of the former 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.
5. The inheritance of procedural rights and obligations may be accepted by the court at any stage
in the settlement of an administrative case.
Article 54. Representatives
1. Representatives in administrative procedures include at-law representatives and authorized
representatives.
2. An at-Law representative in administrative procedures may be any of the following persons,
unless his/her representation right is restricted under law:
a/ Father or mother for a minor child;
b/ Guardian for a ward;
c/ Head of an agency or organization who is appointed or elected under law;
d/ Household head for a household;
e/ Head of a cooperative group;
f/ Other persons defined by law.
3. Authorized representatives in administrative procedures must be full 18 years or older, have
the civil act capacity, and authorized in writing by involved parties or their at-law
representatives.
4. At-law representatives and authorized representatives in administrative procedures shall
terminate their representation under the Civil Code.
5. 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.
6. The following persons may not act as representatives:
a/ Those being involved parties in the same case with to-be-represented persons with their rights
and legitimate interests conflicting with those of to-be-represented persons;
b/ Those currently acting as representatives in administrative procedures for other involved
parties, whose rights and legitimate interests conflicting with those of to-be-represented persons
in the same case.
7. Cadres and civil servants of courts, procuracies, inspectorates and judgment enforcement
agencies; 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.
Article 55. Defense counsels of the rights and legitimate interests of involved parties
1. Defense counsels of the rights and legitimate interests of involved parties arc persons asked by
involved parties and accepted by the court to participate in administrative procedures to protect
the rights and legitimate interests of involved parties.
2. The following persons may be accepted by the court to act as defense counsels of the rights
and legitimate interests of involved parties:
a/ Lawyers who participate in procedures under the law on lawyers;
b/ Legal counsels or persons who jointly provide legal aid under the Law on Legal Aid;
c/ Vietnamese citizens who have the full civil act capacity and legal knowledge, have not yet
been convicted or had been convicted but have had their criminal records remitted, are not
subject to the administrative measure of confinement to a medical treatment or educational
establishment, and are not cadres or civil servants of courts, procuracies, inspectorates and
judgment enforcement agencies or civil servants, officers or non-commissioned officers in public
security forces.
3. Defense counsels of the rights and legitimate interests of involved parties may defend the
rights and legitimate interests of many involved parties in the same case, provided the rights and
legitimate interests of these parties are not conflicting. Many defense counsels may jointly
defend the rights and legitimate interests of an involved party in a case.
4. Defense counsels of the rights and legitimate interests of involved parties have the following
rights and obligations:
a/ To participate in procedures from the time when the lawsuit is instituted or at any stage of the
proceeding process;
b/ To verify or collect evidence and furnish the court with evidence, study case files and take
note of and copy documents included in case files for the purpose of protecting the rights and
legitimate interests of involved parties;
c/ To participate in court hearings or prepare documents for protection of the rights and
legitimate interests of involved parties;
d/ To request on behalf of involved parties change of procedure-conducting persons and other
procedure participants under this Law;
e/ To argue at court hearings;
f/ To be present in response to court summons;
g/ To respect the court and strictly observe internal rules of court hearings.
Article 56. Witnesses
1. Witnesses are persons who know circumstances related to cases and are summoned by the
court to participate in procedures. Persons who have lost the civil act capacity may not act as
witness.
2. Witnesses have the following rights and obligations:
a/ To provide all information, documents and objects in their possession which are related to the
settlement of cases;
b/ To honestly testify to circumstances which they know and are related to the settlement of
cases;
c/ To be held responsible before law for their testimonies, and pay compensations for damage
caused by their untruthful testimonies to involved parties or other persons;
d/ To be present at court hearings in response to court summonses in case witness testimonies
must be publicly taken at court hearings. In case witnesses are absent from court hearings
without plausible reasons and their absence impedes the trial, the trial panel may issue decisions
to escort them to court hearings;
e/ To undertake before court to exercise their rights and perform their obligations, except minor
witnesses;
f/ To refuse to make testimonies if their testimonies are related to state secrets, professional
secrets, business secrets or privacy secrets or badly or adversely affect involved parties who are
their relatives;
g/ To take leaves during the time they are summoned by the court or make testimonies;
h/ To have travel expenses paid and enjoy other regimes provided by law;
i/ To request courts that have summoned them and competent state agencies to protect their lives,
health, honor, dignity, assets, rights and other legitimate interests when they participate in
procedures;
j/ To complain about procedural acts, and denounce illegal acts of procedure-conducting
agencies and persons.
3. Witnesses who make untruthful testimonies, provide untruthful documents, refuse to make
testimonies or fail to be present in response to court summonses without plausible reasons shall
be held responsible before law.
Article 57. Experts
1. Experts are persons who possess necessary knowledge and experience, as required by law,
about the fields in which exist objects to be expert-examined, who are selected under agreement
between involved parties or invited by the court to expert-examine these objects at the request of
involved party(ies).
2. Experts have the following rights and obligations:
a/ To read documents included in case files and related to expert-examined objects; to request the
court to provide documents necessary for the expert examination;
b/ To question procedure participants about matters related to expert-examined objects;
c/ To be present in response to court summonses and answer questions related to the expert
examination;
d/ To notify in writing the court of the impossibility to expert-examine for the reason that
contents which need to be expert-examined are beyond their professional capacity or documents
provided for the expert examination are insufficient or unusable;
e/ To preserve received documents and return them to the court together with expert conclusions
or with a notice of the impossibility to expert-examine;
f/ To refrain from collecting documents by themselves for conducting expert examination or
contacting other procedure participants if such contact might affect expert examination results;
neither to disclose secret information which they know while conducting expert examination nor
notify expert examination results to persons other than those who have decided to solicit expert
opinions;
g/ To make independent, honest and grounded expert conclusions;
h/ To have travel expenses paid and enjoy other regimes provided by law;
i/ To undertake before court to exercise their rights and perform their powers.
3. Experts who refuse to make expert conclusions without plausible reasons, make untruthful
conclusions or fail to be present in response to court summonses without plausible reasons shall
be held responsible before law.
4. Experts shall refuse to conduct expert examination or be changed in the following cases:
a/ They are concurrently involved parties, representatives or relatives of involved parties;
b/ They have participated in procedures in the capacity as defense counsels of the rights and
legitimate interests of involved parties, witnesses or interpreters in the same case;
c/ They have examined the same object which needs to be examined in the same case;
d/ They have conducted procedures in the same case in the capacity as judge, people's juror,
court clerk or procurator;
e/ There are clear grounds to believe that they might not be impartial while performing their
tasks.
Article 58. Interpreters
1. Interpreters are persons who are capable of translating another language into Vietnamese and
vice versa when a procedure participant cannot speak Vietnamese. Interpreters are selected under
agreement between involved parties and accepted by the court or required by the court to
interpret.
2. Interpreters have the following rights and obligations:
a/ To be present in response to court summonses;
b/ To interpret truthfully, objectively and correctly;
c/ To request procedure-conducting persons and procedure participants to further explain their
statements which need to be interpreted;
d/ To refrain from contacting other procedure participants if such contact affects the truthfulness,
objectiveness and correctness of their interpretation;
e/ To have travel expenses paid and enjoy other regimes provided by law;
f/ To undertake before court to exercise their rights and perform their obligations.
3. Interpreters who deliberately make untruthful interpretations or fail to be present in response
to court summonses without plausible reasons shall be held responsible before law.
4. Interpreters shall refuse to interpret or be changed in the following cases:
a/ They are concurrently involved parties, representatives or relatives of involved parties;
b/ They have participated in procedures in the capacity as defense counsels of the rights and
legitimate interests of involved parties, witnesses or experts in the same case;
c/ They have conducted procedures in the capacity as judge, people's juror, court clerk or
procurator;
d/ There are clear grounds to believe that they might not be impartial while performing their
tasks.
5. The provisions of this Article also apply to persons who know the sign language of the dumb
or the deaf.
In case only the representative or relatives of a dumb or deaf person knows his/her sign
language, this representative or relatives may be accepted by the court to act as his/her
interpreter.
Article 59. Procedures for refusing to conduct expert examination or interpretation or
requesting change of experts or interpreters
1. Before the opening of a court hearing, the refusal to conduct expert examination or
interpretation or the request for change of an expert or interpreter shall be made in writing,
clearly stating the reason for refusal or requested change. The change of an expert or interpreter
shall be decided by the court president.
2. At a court hearing, the refusal to conduct expert examination or interpretation or the request
for change of an expert or interpreter shall be recorded in the court hearing minutes. The change
of an expert or interpreter shall be decided by the trial panel after hearing opinions of the person
requested to be changed.
Chapter V
PROVISIONAL URGENT MEASURES
Article 60. Right to request application of provisional urgent measures
1. In the course of settlement of a case, involved parties or their representatives may request the
court settling such case to apply one or several provisional urgent measures specified in Article
62 of this Law to provisionally deal with urgent requests of involved parties, protect evidence or
preserve the current state so as to prevent irremediable damage or to assure judgment execution.
2. In emergency cases when it is necessary to immediately protect evidence or to prevent
possible serious consequences, individuals, agencies or organizations may file applications to
request competent courts to issue decisions on application of provisional urgent measures
specified in Article 62 of this Law simultaneously with the filing of lawsuit petitions with such
courts.
3. Requesters for application of provisional urgent measures are not required to pay a security.
Article 61. Competence to decide on application, change or cancellation of provisional
urgent measures
1. The application, change or cancellation of provisional urgent measures before the opening of a
court hearing shall be considered and decided by a judge.
2. The application, change or cancellation of provisional urgent measures during a court hearing
shall be considered and decided by the trial panel.
Article 62. Provisional urgent measures
1. Suspension of execution of administrative decisions, disciplinary decisions on dismissal or
decisions on handling of competition cases.
2. Suspension of performance of administrative acts.
3. Ban on or compulsion of performance of certain acts.
Article 63. Suspension of execution of administrative decisions, disciplinary decisions on
dismissal or decisions on handling of competition cases
The measure of suspension of execution of an administrative decision, disciplinary decision on
dismissal or decision on handling of a competition case shall be applied if in the course of
settlement of a case there is a ground to believe that such decision is unlawful and the execution
thereof will lead to irremediable serious consequences.
Article 64. 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 such administrative act is unlawful and the continued performance
thereof will lead to irremediable serious consequences.
Article 65. 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 some certain acts by an involved party has affected the settlement of the case or the rights and
legitimate interests of other persons involved in the case being settled by the court.
Article 66. Liability for requesting the application of inappropriate provisional urgent
measures
1. 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 compensations.
2. The court that has applied 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
compensations.
Article 67. Procedures for application of provisional urgent measures
1. Persons who request the court to apply provisional urgent measures shall send their written
requests to competent courts, enclosed with evidence of the necessity to apply these measures.
2. A written request for application of a provisional urgent measure must contain the following
principal details:
a/ Date of writing the request;
b/ Name and address of the requester;
c/ Name and address of the person against whom the provisional urgent measure is requested to
be applied;
d/ Summarized contents of the administrative decision, disciplinary decision on dismissal,
decision on settlement of a complaint about a decision on handling of a competition case or
administrative act over which the lawsuit is instituted;
e/ Reason for application of the provisional urgent measure;
f/ Provisional urgent measure which needs to be applied and specific requirements. 3. For a
request for application of a provisional urgent measure specified in Clause 1, Article 60 of this
Law, the judge assigned to settle the case shall consider and handle the request. Within 48 hours
after receiving a request, the judge shall issue a decision on application of a provisional urgent
measure. In case of rejecting a request, the judge shall notify such in writing to the requester,
clearly stating the reason.
In case the trial panel receives a request for application of a provisional urgent measure during a
court hearing, it shall consider and issue a decision on immediate application of the provisional
urgent measure. In case of rejecting a request, the trial panel shall notify such to the requester
and record such in the court hearing minutes.
4. For a request for application of a provisional urgent measure specified in Clause 2. Article 60
of this Law, after receiving a request enclosed with a lawsuit petition and evidence, the court
president shall assign a judge to accept and handle the request. Within 48 hours after receiving a
request, the judge shall consider and issue a decision on application of a provisional urgent
measure. In case of rejecting a request, the judge shall notify such in writing to the requester,
clearly stating the reason.
Article 68. Change or cancellation of provisional urgent measures
At the request of involved parties, courts shall consider and decide to change or cancel
provisional urgent measures.
Procedures for changing or canceling provisional urgent measures comply with Article 67 of this
Law.
Article 69. Effect of decisions on application, change or cancellation of provisional urgent
measures
1. Decisions on application, change or cancellation of provisional urgent measures shall become,
effective immediately for implementation.
2. Courts shall immediately deliver or send decisions on application, change or cancellation of
provrsional urgent measures to involved parties, same-level procuracies and civil judgment
enforcement agencies.
Article 70. Complaints or recommendations about decisions on application, change or
cancellation or on non-application, non-change or non -cancellation of provisional urgent
measures".
1. Involved parties may file complaints and procuracies may file recommendations with
presidents of courts currently settling cases about decisions on application, change or
cancellation of provisional urgent measures or non-issuance of such decisions by judges. The
time limit for filing a complaint or recommendation is 3 working days after the receipt of a
decision on application, change or cancellation of a provisional urgent measure or a judge's
notice of non-issuance of such decision.
2. At a court hearing, involved parties may complain and the procuracy may recommend to the
trial panel about the application, change or cancellation of a provisional urgent measure or non-
application, non-change or non-cancellation of such measure.
Article 71. Settlement of complaints or recommendations about decisions on application,
change or cancellation or on non-application, non-change or non-cancellation of
provisional urgent measures
1. Court presidents shall consider and settle complaints or recommendations mentioned in Clause
1, Article 70 of this Law within 3 working days after receiving these complaints or
recommendations.
2. Court presidents' decisions on settlement of complaints or recommendations are final and shall
be immediately delivered or sent to involved parties, same-level procuracies and civil judgment
enforcement agencies.
3. The settlement of complaints or recommendations at court hearings falls within the
competence of trial panels. Trial panels' decisions on settlement of complaints or
recommendations are final.
Chapter VI
PROVING AND EVIDENCE
Article 72. Burden of proof in administrative procedures
1. Plaintiffs are obliged to provide copies of administrative decisions, disciplinary decisions on
dismissal, decisions on settlement of complaints about decisions on handling of competition
cases or decisions on settlement of complaints (if any) and furnish other evidence to protect their
rights and legitimate interests. In case of failure to do so, they shall clearly slate reasons.
2. Defendants are obliged to provide courts with dossiers of complaint settlement (if any) and
copies of documents based on which administrative decisions, disciplinary decisions on
dismissal or decisions on settlement of complaints about decisions on handling of competition
cases have been issued or administrative acts have been taken.
3. Persons with related interests and obligations are obliged to provide evidence to protect their
rights and legitimate interests.
Article 73. Circumstances and facts which are not required to be proved
1. The following circumstances and facts are not required to be proved:
a/ Those which are conspicuous to everyone's knowledge and accepted by the court;
b/ Those which have been identified in legally effective court judgments or rulings;
c/ Those which have been documented and duly notarized or authenticated.
2. If an involved party acknowledges or does not object to circumstances or facts invoked by the
other involved party, the latter is not required to prove them. If an involved party has a
representative to participate in procedures, this representative's acknowledgement or non-
objection is regarded as such involved party's acknowledgement.
Article 74. Evidence
Evidence in administrative cases includes factual things which are handed to courts by involved
parties or other individuals, agencies or organizations or collected by courts according to the
order and procedures specified in this Law and are used by courts as grounds for determining
whether claims or objections of involved parties are grounded and lawful as well as other
circumstances necessary for the proper settlement of administrative cases.
Article 75. Sources of evidence
Evidence is collected from the following sources:
1. Readable, audible or visible materials;
2. Exhibits;
3. Testimonies of involved parties;
4. Testimonies of witnesses;
5. Expert conclusions;
6. Written records of on-site assessment results;
7. Asset valuation and price appraisal results;
8. Other sources specified by law.
Article 76. Identification of evidence
1. Readable materials shall be regarded as evidence is they are originals or lawfully notarized or
authenticated copies or provided and certified by competent agencies or organizations.
2. Audible or visible materials shall be regarded as evidence if they are presented together with
documents certifying their origins or documents on events related to such audio or video
recording.
3. Exhibits to be regarded as evidence must be the original and related to cases or matters being
settled.
4. Testimonies of involved parties or witnesses shall be regarded as evidence if they are recorded
in writing or in audio tapes or disks or video tapes or disks as prescribed in Clause 2 of this
Article or are orally made at court hearings.
5. Expert conclusions shall be regarded as evidence if the expert examination is conducted
according to procedures specified by law.
6. Written records of on-site assessment results shall be regarded as evidence if the assessment is
conducted according to procedures specified by law and they are signed by members who
participate in the assessment.
7. Asset valuation and price appraisal results shall be regarded as evidence if the valuation or
appraisal is conducted according to law-prescribed procedures or they are provided by price
experts under law.
Article 77. Handover of evidence
1. In the course of settlement of an administrative case by the court, involved parties have the
right and obligation to hand over evidence to the court. If they fail to hand over evidence or fail
to hand over all evidence, they shall bear all consequences of their failure, unless otherwise
provided by law.
2. The handover of evidence by involved parties to the court must be recorded in a minutes of
evidence handover and receipt. The minutes must clearly indicate appellations, forms, contents
and features of evidence; number of copies and number of pages of evidence and time of receipt;
signatures or fingerprints of deliverers and recipients and seal of the court. A minutes shall be
made in 2 copies, one shall be included in the administrative case file and the other handed to the
involved party that has handed over the evidence.
3. Evidence handed over by involved parties to the court which is in an ethnic minority or a
foreign language must be enclosed with its duly notarized or authenticated Vietnamese
translation.
Article 78. Verification and collection of evidence
1. If finding that evidence included in administrative case files is inadequate for settling the
cases, judges assigned to settle the cases shall request involved parties to hand over additional
evidence.
2. In case involved parties are unable to collect evidence by themselves and request the
collection of such evidence or when finding it necessary, courts may verify or collect evidence
by themselves or entrust verification or collection of evidence for clarifying circumstances of
cases.
3. Procuracies may request courts to verify or collect evidence in the course of settlement of
cases. In case procuracies protest against court judgments or rulings, they may collect document,
materials and evidence by themselves in the course of settlement of cases.
4. Measures to verify or collect evidence include:
a/ Taking testimonies of involved parties;
b/ Taking testimonies of witnesses;
c/ Holding a confrontation;
d/ Conducting on-site inspection and assessment;
e/ Soliciting expert opinions;
f/ Deciding on asset valuation and price appraisal;
g/ Entrusting the collection of evidence;
h/ Requesting individuals, agencies or organizations to provide evidence.
Article 79. Taking of testimonies of involved parties
1. Judges shall take testimonies of involved parties only when the latter have not yet made
written testimonies or contents of involved parties' testimonies are inadequate or unclear.
Involved parties shall write their testimonies by themselves and sign their names thereon. In case
involved parties are unable to write testimonies, judges shall take testimonies. The taking of
testimonies of involved parties must only focus on circumstances inadequately or unclearly
testified by involved parties. Judges themselves or court clerks shall record testimonies of
involved parties in minutes. Judges shall take testimonies of involved parties in the court house
or outside the court house when necessary.
2. Minutes recording testimonies of involved parties must be read or heard and signed or
fingerprinted by these involved parties themselves. Involved parties may request modifications
or supplementations to be written in the minutes and then sign or fingerprint for certification. A
minutes must be signed by the person who takes the testimonies and the minutes recorder and
appended with the seal of the court. For minutes made in loose pages, each page must be signed
and every adjoining two pages appended with a seal. For minutes recording testimonies of
involved parties made outside the court house, the testimony taking must be certified by
witnesses or by commune-level People's Committees or police offices of the places or by
agencies or organizations in which these minutes are made. For involved parties who are
illiterate, there must be witnesses chosen by them.
3. The taking of testimonies of involved parties who are aged under 18 or persons with restricted
civil act capacity must be conducted in the presence of their at-law representatives, managers or
caretakers.
Article 80. Taking of testimonies of witnesses
1. At the request of involved parties or when finding it necessary, judges shall take testimonies of
witnesses.
2. Procedures for taking testimonies of witnesses are the same as those for taking testimonies of
involved parties specified in Article 79 of this Law.
Article 81. Confrontation
1. At the request of involved parties or when finding contradictions in testimonies of involved
parties or witnesses, judges shall hold, a confrontation among involved parties, between involved
parties and witnesses or among witnesses.
2. The confrontation must be recorded with the signatures of confrontation participants.
Article 82. On-site inspection and assessment
1. On-site inspection and assessment must be conducted by judges in the presence of
representatives of commune-level People's Committees or agencies or organizations in which
objects to be inspected or assessed exist On-site inspection and assessment must be notified in
advance to involved parties so that they can know and witness such inspection and assessment.
2. On-site inspection and assessment must be recorded in minutes. A minutes must clearly state
results of inspection and assessment, clearly describe the site and bear the signatures of persons
conducting the inspection and assessment and signatures or fingerprints of involved parties if
they are present, representatives of commune-level People's Committees or agencies or
organizations in which objects to be inspected or assessed exist and other persons invited to
participate in the inspection and assessment. After completing the minutes, persons conducting
the inspection and assessment shall request representatives of commune-level People's
Committees or agencies or organizations in which objects to be inspected or assessed exist to
sign and seal such minutes for certification.
Article 83. Soliciting of expert opinions
1. At the request of involved parties or when finding ft necessary, judges shall issue decisions to
solicit expert opinions. A decision to solicit expert opinions must clearly indicate the name and
address of the expert, object(s) and matters which need to be expert-examined, and specific
requirements requiring conclusions of the expert.
2. Experts that receive decisions to solicit expert opinions shall conduct the examination under
law.
3. If., finding expert conclusions are inadequate or unclear or in violation of law, judges shall
issue decisions on additional examination or re-examination at the request of involved party(ies).
An expert that has conducted the previous examination may not conduct the re-examination.
Article 84. Soliciting of expert opinions on evidence denounced to be forgery
1. In case an evidence is denounced to be forgery, the provider of such evidence may withdraw
it. In case an evidence denounced to be forgery is not withdrawn, the court may decide to solicit
expert opinions on it under Article 83 of this Law.
2. In case the evidence forgery shows signs of a crime, the court shall transfer it to a competent
investigative agency for examination of penal liability.
3. Providers of forged evidence shall compensate for damage if the forgery of evidence causes
damage to others.
Article 85. Asset valuation and price appraisal
1. Courts shall issue decisions on asset valuation and price appraisal at the request of involved
party(ies) or when they find it necessary.
2. A valuation council set up by a court is composed of its chairman being the representative of
the finance agency and its members being representatives of related professional agencies. A
valuation council shall conduct the valuation only when all of its members are present. In case of
necessity, representatives of the commune-level People's Committee of the locality in which
assets subject to valuation are located shall be invited to witness the valuation. Involved parties
shall be notified in advance of the time and venue of the valuation and may attend and give their
opinions on the valuation. The competence to decide on prices of valuated assets rests with the
valuation council.
3. The finance agency and related professional agencies shall appoint their persons to join the
valuation council and create conditions for them to perform their tasks. Persons appointed to be
members of a valuation council shall take part in the whole process of valuation.
4. The valuation must be recorded in minutes, clearly stating opinions of each member and
involved parties if they attend. A decision of the valuation council must be voted for by more
than half of its members. Members of the valuation council, involved parties and witnesses shall
sign the minutes.
5. The Supreme People's Court shall guide the issuance of decisions on asset price appraisal by
courts.
Article 86. Entrustment of collection of evidence
1. In the course of settlement of an administrative case, the court may issue a decision to entrust
another court or a competent agency specified in Clause 4 of this Article to take testimonies of
involved parties and witnesses, to conduct on-site assessment, asset valuation or other measures
to collect evidence and verify circumstances of the administrative case.
2. An entrustment decision must clearly state the names and addresses of the plaintiff, the
defendant and specific entrusted jobs to collect evidence.
3. A court that receives an entrustment decision shall perform specific entrusted jobs within 30
days after receiving the entrustment decision and notify in writing results to the court that has
issued the entrustment decision. If it cannot perform entrusted jobs, it shall notify such in
writing, clearly stating the reason to the court that has issued the entrustment decision.
4. In case evidence has to be collected outside the Vietnamese territory, courts shall carry out
procedures for entrustment through competent Vietnamese agencies or authorities of foreign
countries under treaties to which Vietnam and these foreign countries are contracting members,
or on the principles of reciprocity, non- contravention of Vietnamese law and conformity with
international law and practice.
Article 87. Request for provision of evidence by individuals, agencies and organizations
1. In case involved parties have taken all necessary measures but still fail to collect evidence by
themselves, they may request the court to do so in order to assure the settlement of the
administrative case.
Involved parties that request the court to collect evidence shall make written requests clearly
indicating matters to be proved; evidence to be collected; reason(s) why they cannot collect
evidence by themselves; full names and addresses of individuals, agencies or organizations that
are managing or keeping evidence which need to be collected.
2. Courts or procuracies may request individuals, agencies and organizations that are managing
or keeping evidence to provide them.
Individuals, agencies and organizations that are managing or keeping evidence shall provide
evidence fully and promptly as requested by courts or procuracies within 15 days after receiving
requests. In case they fail to provide evidence fully and promptly as requested by courts or
procuracies, they shall, depending on the severity of their violations, be handled under law.
Article 88. Preservation of evidence
1. The preservation of evidence which has been handed over to courts rests with these courts.
2. The preservation of evidence which cannot be handed over to courts rests with their current
keepers.
3. When necessary to hand over evidence to third parties for preservation, judges shall issue
decisions and make minutes of the handover of evidence to these parties for preservation.
Persons undertaking the preservation shall sign the minutes, enjoy remuneration and take
responsibility for the preservation of evidence.
Article 89. Assessment of evidence
1. The assessment of evidence must be objective, comprehensive, adequate and accurate.
2. Courts shall assess evidence one by one, the link between evidence and confirm the legality of
every evidence.
Article 90. Disclosure and use of evidence
1. Every evidence shall be publicly and equally disclosed and used, except the case specified in
Clause 2 of this Article.
2. Courts shall not publicly disclose evidence pertaining state secrets, fine national customs and
traditions, professional secrets, business secrets and personal privacy at the legitimate request of
involved parties.
3. Procedure-conducting persons and procedure participants shall keep secret, as required by law,
evidence not to be publicly disclosed under Article 2 of this Article.
Article 91. Protection of evidence
1. In case evidence is being destroyed or in danger of being destroyed or is hard to be collected
in the future, involved parties may request in writing the court to decide on application of all
necessary measures to preserve evidence. The court may decide to apply one or several of the
measures of sealing, keeping, photographing, audio-recording, video- recording, restoration,
examination, minutes making and other measures.
2. In case a witness is intimidated, controlled or bought off for the purpose of not providing
evidence or providing untruthful evidence, the court may decide to force the person who has
intimidated, controlled or bought off the witness to terminate his/her act. In case the act of
intimidating, controlling or buying off the witness show signs of a crime, the court shall transfer
it to a competent investigative agency for penal liability examination.
Chapter VII
PROVISION. DELIVERY OR NOTIFICATION OF PROCEDURAL DOCUMENTS
Article 92. Obligation to provide, deliver or notify procedural documents
Courts, procuracies and judgment enforcement agencies are obliged to provide, deliver or notify
procedural documents to involved parties, other procedure participants and related persons,
agencies and organizations under this Law.
Article 93. Procedural documents to be provided, delivered or notified
1. Court judgments and rulings.
2. Lawsuit petitions, appeal applications and protest decisions.
3. Written notices, summons and invitations in administrative procedures.
4. Receipts of court fee or legal cost advances, court fees or legal costs and other expenses.
5. Other procedural documents required by law to be provided, delivered or notified.
Article 94. Persons conducting the provision, delivery or notification of procedural
documents
1. The provision, delivery or notification of procedural documents shall be conducted by the
following persons:
a/ Procedure-conducting persons or persons of procedural document-issuing agencies who are
assigned to provide, deliver or notify procedural documents
b/ Commune-level People's Committees of localities in which procedure participants reside or
agencies or organizations in which procedure participants work when so requested by courts,
procuracies or civil judgment enforcement agencies;
c/ Involved parties, their representatives or defense counsels of their rights and legitimate
interests in the cases specified by this Law;
d/ Postmen;
e/ Other persons defined by law.
2/ Persons who are obliged to provide, deliver or notify procedural documents but fail to
properly perform their responsibility shall, depending on the nature and severity of their
violations, be disciplined, administratively sanctioned or examined for penal liability. If causing
damage, they shall pay compensations under law.
Article 95. Modes of provision, delivery or notification of procedural documents
The provision, delivery or notification of procedural documents shall be conducted by the
following modes:
1. Provision, delivery or notification of procedural documents is made directly, by post or
through authorized third parties;
2. Public posting;
3. Announcement in the mass media.
Article 96. Validity of provision, delivery or notification of procedural documents
1. The provision, delivery or notification of procedural documents which complies with this Law
shall be considered valid.
2. Persons obliged to provide, deliver or notify procedural documents shall comply with this
Law.
Article 97. Procedures for provision, delivery or notification of procedural documents
Persons conducting the provision, delivery or notification of procedural documents shall directly
hand over relevant procedural documents to persons to whom these documents are provided,
delivered or notified. Persons to whom procedural documents are, provided, delivered or notified
or who are authorized to provide, delivery or notify these documents shall sign the minutes or
book recording the delivery and receipt of procedural documents. The time for calculating the
procedural time limit is the date they are provided with, delivered or notified of procedural
documents.
Article 98. Procedures for direct provision, delivery or notification to individuals'
1. If persons to whom procedural documents are provided, delivered or notified are individuals,
these documents shall be directly handed over to them.
2. In case persons to whom procedural documents are provided, delivered or notified are absent,
procedural documents may be handed over to their relatives who have full civil act capacity and
live with them and are requested to pledge to immediately hand over these documents to the
former. The date when co- residing relatives sign for receipt of procedural documents shall be
considered the date of provision, delivery or notification.
In case persons to whom procedural documents are provided, delivered or notified have no
relatives who have full civil act capacity and live with them or their relatives refuse to receive
these documents on their behalf, these documents may be handed over to street group heads,
village or hamlet chiefs (below collectively referred to as street group heads), commune-level
People's Committees or police offices of localities in which persons to whom procedural
documents are provided, delivered or notified reside and request these recipients to undertake to
hand in person the documents to the former.
3. In case the provision, delivery or notification is conducted through other persons, provider,
deliverers or notifies shall make a minutes clearly stating the absence of persons to whom
procedural documents are provided, delivered or notified, persons to whom procedural
documents are handed over; reasons; date and time of handover; relationship between these
persons; undertaking to personally hand over to persons to whom procedural documents are
provided, delivered or notified. The minutes must be signed by persons who undertake to deliver
procedural documents and providers, deliverers or notifies and witnesses.
4. In case persons to whom procedural documents are provided, delivered or notified have
moved to new places with new addresses, procedural documents shall be provided, delivered Or
notified to them at new addresses.
5. In case persons to whom procedural documents are provided, delivered or notified are absent
and the time of their return is or their addresses are unknown, providers, deliverers or notifies of
procedural documents shall make a minutes of failure to provide, deliver or notify, which shall
be signed by the person who has provided such information.
6. In case persons to whom procedural documents are provided, delivered or notified refuse to
receive these documents, providers, deliverers or notifies shall make minutes of refusal, clearly
stating reasons for refusal, with certification by street group heads, commune-level People's
Committees or police offices of these persons' refusal.
Article 99. Procedures for direct provision, delivery or notification to agencies and
organizations
In case persons to whom procedural documents arc provided, delivered or notified are agencies
or organizations, procedural documents shall be handed over directly to their at-Iaw
representatives or persons responsible for receiving documents who shall sign the receipts. In
case agencies or organizations to which procedural documents are provided, delivered or notified
have their representatives participating in procedures or appoint their representatives to receive
procedural documents, these persons shall sign for receipt of these documents. The date of
signing for receipt shall be regarded as the date of provision, delivery or notification.
Article 100. Procedures for public posting
1. The public posting of procedural documents shall be conducted only when whereabouts of
persons to whom procedural documents are provided, delivered or notified are unclear or when
the direct provision, delivery or notification is impossible.
2. The public posting of procedural documents shall be conducted directly by courts or, under
courts' authorization by commune-level People's Committees of localities in which persons to
whom procedural documents are provided, delivered or notified reside or reside last, or in which
organizations to which procedural documents are provided, delivered or notified are based or last
based, according to the following procedures:
a/ Posting originals of procedural documents at courthouses or authorized commune-level
People's Committees:
b/ Posting copies of procedural documents in places or last places of residence of persons to
whom procedural documents are provided, delivered or notified or in places in which
organizations to which procedural documents are provided, delivered or notified are based or last
based;
c/ Making minutes of performance of procedures for public posting, clearly stating the date of
posting.
3. The duration of public posting of a procedural document is 15 days counting from the date this
document is publicly posted.
Article 101. Procedures for announcement in the mass media
1. The announcement in the mass media shall be conducted only when it is so provided by law or
when there is a ground to believe that the public posting does not guarantee that persons to
whom procedural documents are provided, delivered or notified get information on these
documents.
2. The announcement in the mass media may be conducted if so requested by involved parties.
Expenses for announcement in the mass media shall be borne by announcement requesters.
3. An announcement in the mass media shall be published on a central daily for 3 consecutive
issues and broadcast on a central radio or television station 3 times in 3 consecutive days.
Article 102. Notification of results of provision, delivery or notification of procedural
documents
In case persons conducting provision delivery or notification of procedural documents are neither
procedure-conducting persons nor employees of procedural document-issuing agencies, these
persons shall promptly notify results of provision, delivery or notification of procedural
documents to courts or agencies issuing those documents.
Chapter VIII
INSTITUTION AND ACCEPTANCE OF CASES
Article 103. Right to institute administrative lawsuits
1. Individuals, agencies and organizations may institute administrative lawsuits over
administrative decisions or acts or disciplinary decisions on dismissal in case they disagree with
these decisions or acts or they-have filed complaints with persons competent to settle complaints
but their complaints remain unsettled upon the expiration of the time limit for complaint
settlement specified by the law on complaints or they disagree with the settlement of their
complaints about these decisions or acts.
2. Individuals and organizations may institute administrative lawsuits over decisions on
settlement of complaints about decisions on handling of competition cases in case they disagree
with these decisions.
3. Individuals may institute administrative lawsuits over lists of voters to elect deputies to the
National Assembly or People's Councils in case they have filed complaints with agencies
competent to settle complaints but their complaints remain unsettled upon the expiration of the
time limit for complaint settlement specified by law or they disagree with the way of settling
their complaints.
Article 104. Statute of limitations for lawsuit institution
1. The statute of limitations for lawsuit institution means a time limit within which individuals,
agencies and organizations may institute lawsuits to request courts settling administrative cases
to protect their infringed rights and legitimate interests. Upon the expiration of that time limit,
they no longer have the right to institute lawsuits.
2. The statute of limitations for lawsuit institution for each case is specified as follows:
a/ One year from the date of receipt of or knowledge about an administrative decision or act or a
disciplinary decision on dismissal;
b/ Thirty days from the date of receipt of a decision oh settlement of a complaint about a decision
oil handling of a competition case;
c/ The period from the date of receipt of a notice of results of complaint settlement by the voter
list-making agency or the date of expiration of the time limit for complaint settlement, in case no
notice of results of complaint settlement by the voter list-making agency is Received, to the date
five days prior to the election date.
3. In case plaintiffs cannot institute lawsuits within.the time limit specified at Points a and b,
Clause 2 of this Article due to a force majeure event of another objective obstacle, the period of
existence of such force majeure event or another objective obstacle shall not be counted in the
statute of limitations for lawsuit institution.
4. The provisions of the Civil Code on the method for determining time limits and statutes of
limitations are also applicable to administrative procedures.
5. The Supreme People's Court shall guide the implementation of this Article.
Article 105. Lawsuit petitions
1. A lawsuit petition must contain the following principal contents:
a/ Date of its making;
b/ Court requested to settle the administrative case;
c/ Names and addresses of the plaintiff and defendant;
d/ Contents of the administrative decision or act, the disciplinary decision on dismissal or the
decision on settlement of a complaint about a decision on handling of a competition case,
contents of settlement of the complaint about a voter list, or brief description of the
administrative act;
e/ Contents of the decision on complaint settlement (if any);
f/ Claims requested to be settled by the court;
g/ Assurance of non-filing of a complaint with a person competent to settle complaints.
2. Lawsuit petitions shall be signed or fingerprinted by plaintiffs being individuals, signed and
sealed by at-law representatives of plaintiffs being agencies or organizations. For lawsuits to
protect the rights and legitimate interests of minors or persons who have lost civil act capacity,
lawsuit petitions shall be signed or fingerprinted by at-law representatives of these persons.
Lawsuit petitions must be enclosed with documents proving that claims of plaintiffs are
grounded and lawful.
Article 106. Sending of lawsuit petitions to courts
1. Plaintiffs shall send their lawsuit petitions and enclosed documents to courts competent to
settle cases by either of the following modes:
a/ Direct filing at court;
b/ Sending by post.
2. The date of lawsuit institution is the date the lawsuit petition is filed by the involved party
with the court or the date postmarked by the sending post office.
Article 107. Receipt and examination of lawsuit petitions
1. Courts shall receive lawsuit petitions filed directly or sent by post by involved parties and
shall record them in petition registers and issue written certifications of petition receipt to
involved parties.
2. Within 5 working days after receiving a lawsuit petition, the court president shall assign a
judge to examine it.
3. Within 5 working days after being assigned, the judge shall examine the lawsuit petition and
enclosed documents in order to carry out one of the following procedures:
a/ Accepting the case if it is falls under the court's jurisdiction;
b/ Transferring the lawsuit petition to a competent court and notify such to the plaintiff if the
case falls under another court's jurisdiction;
c/ Returning the lawsuit petition to the plaintiff, in any of the cases specified in Clause 1, Article
109 of this Law.
Article 108. Request for modification or supplementation of lawsuit petitions
1. In case a lawsuit petition does not contain all the details specified in Clause 1. Article 105 of
this Law, the court shall notify such to the plaintiff for modification or supplementation of the
petition within 10 working days after the plaintiff receives the court's notice.
2. In case the plaintiff has modified or supplemented his/her lawsuit petition under Clause 1.
Article 105 of this Law. the court shall continue settling the case. If he/she fails to modify or
supplement his/her lawsuit petition as requested by the court, the court shall return the petition
and enclosed documents to the plaintiff.
Article 109. Return of lawsuit petitions
1. The court shall return a lawsuit petition in the following cases:
a/ The plaintiff has no right to institute a lawsuit;
b/ The plaintiff does not. have full administrative procedure act capacity
c/ The statute of limitations for lawsuit institution has expired and the plaintiff has no plausible
reason;
d/ Conditions for instituting an administrative lawsuit are not fully met;
e/ The matter has been settled with a legally effective court judgment or ruling;
f/ The matter does not fall under the court's jurisdiction;
g/ The plaintiff chooses to have the case or matter settled according to complaint settlement
procedures in the case specified in Article 31 of this Law;
h/ The lawsuit petition does not fully contain the contents specified in Clause 1, Article 105 of
this Law and is neither modified nor supplemented by the plaintiff under Article 108 of this Law:
i/ The plaintiff fails to produce a receipt of the court fee advance to the court upon the expiration
of the notified time limit specified in Clause 1. Article 111 of this Law, unless there is a plausible
reason.
2. When returning the lawsuit petition and enclosed documents to the plaintiff, the court shall
make a document clearly stating the reason for the return. The document on return of the lawsuit
petition shall be sent immediately to the same-level procuracy.
Article 110. Filing and settlement of complaints or recommendations about the return of
lawsuit petitions
1. Within 7 working days after receiving a document on return of the lawsuit petition, the
plaintiff may file a complaint or the procuracy may file a recommendation with the president of
the court, which has returned the lawsuit petition.
2. Within 3 working days after receiving a complaintor a recommendation about the return of the
lawsuit petition, the court president shall issue one of the following decisions:
a/To uphold the return of the lawsuit petition and notify such to the plaintiff or the procuracy;
b/ To receive back the lawsuit petition and enclosed documents in order to accept the case.
3. If.,disagreeing with the complaint settlement decision of the court president, within 10
working days after receiving this decision, the plaintiff may fde a complaint or the same- level,
procuracy may file a recommendation with the" president of the immediate superior court.
Within 7 working days after receiving a complaint or recommendation, the president of the
immediate superior court shall settle it. The settlement decision of the president of the immediate
superior court is final.
Article 111. Acceptance of cases
1. After receiving the lawsuit petition and enclosed documents, if the judge assigned to examine
the lawsuit petition finds that the administrative case fails under his/her jurisdiction, he/she shall
notify such to the plaintiff for payment of a court fee advance. In case the plaintiff is exempt
from, or not required to pay. the court fee advance, the assigned judge shall notify him/her of
acceptance of the case. Within 10 working days after receiving a notice of court fee advance
payment, the plaintiff shall pay the court fee advance.
2. The court shall accept the case on the date the plaintiff produces the court fee advance receipt.
In case the plaintiff is exempt from, or not required to pay, the court fee advance, the date of case
acceptance is the date the judge notifies the plaintiff of the acceptance.
Article 112. Assignment of judges to settle cases
1. Within 3 working days after the date of acceptance of a case, the court president shall assign
the judge who has examined the lawsuit petition and accepted the case to settle it. In case the
judge who has examined the lawsuit petition and accepted the case cannot continue settling the
case or falls into any case of compulsory refusal to conduct procedures or is changed, the court
president shall assign another judge to settle the case.
For a complicated case requiring a prolonged duration of settlement, the court president shall
assign an alternative judge to assure uninterrupted (rial.
2. In the course of settlement of a case, if the assigned judge cannot continue with the assigned
task, the court president shall assign another judge to continue the task. When the trial is
underway without an alternative judge, the case shall be retried from the beginning.
Article 113. Tasks and powers of judges when preparing case files
1. To notify the acceptance of cases.
2. To request involved parties to submit documents and evidence to courts.
3. To verify and collect evidence under this Law.
Article 114. Notification of acceptance of cases
1. Within 5 working days after the date of acceptance of a case, the court shall notify in writing
the acceptance of the case to the defendant, persons with interests and obligations related to the
settlement of the case and the same-level procuracy.
2. A written notice of acceptance of a case must contain the following principal details:
a/ Date of its making;
b/ Name and address of the court that has accepted the case;
c/ Names and addresses of the plaintiff and the defendant;
d/ Specific matters requested by the plaintiff to be settled by the court;
e/List of documents submitted together with the lawsuit petition by the plaintiff;
f/ Time limit within which the notified person shall submit to the court his/her written opinions
on the plaintiff's claims and enclosed documents and evidence (if any);
g/ Legal consequences of the notified person's failure to submit to the court his/her written
opinions on the plaintiff's claims.
Article 115. Rights and obligations of notified persons
1. Within 15 days after receiving a notice, the defendant and persons with related interests and
obligations shall submit to the court their written opinions on the plaintiff's claims and enclosed
documents and evidence (if any).
If an extension of the time limit is needed, a notified person shall file an application for extension
to the court, clearly stating the reason. If the applied extension is grounded, the court shall give a
single extension of not more than 10days.
2. In case the defendant and persons with related interests and obligations have received a notice
but fail to submit their written opinions within the time limit specified in Clause 1 of this Article
without a plausible reason, the court shall continue settling the case under this Law.
3. The defendant and persons with related interests and obligations may request the court to let
them know, read, take note of or copy the lawsuit petition and enclosed documents and evidence
(if any).
4. Within 10 days after rcceiving a.notice, the procuracy shall appoint a procurator and an
alternative procurator (if any) to participate in the settlement of the case and notify such to the
court.
Article 116. Right of persons with related interests and obligations to make independent
claims
1. In case persons with related interests and obligations do not participate in procedures on the
side of the plaintiff or the defendant, they may make independent claims when the following
conditions are satisfied:
a/ The settlement of the case is related to their interests and obligations;
b/ Their independent claims are related to the case being settled;
c/ Their independent claims are settled in the same case, thereby making the settlement of the
case more accurate and quicker.
2. Procedures for making independent claims comply with the provisions of this Law on
procedures for initiating lawsuits by plaintiffs.
Chapter IX
TRIAL PREPARATION
Article 117. Time limit for trial preparation
1. The time limit for trial preparation is specified as follows:
a/ Four months after the date of case acceptance, for the case specified at Point a, Clause 2
Article 104 of this Law;
b/ Two months after the date of case acceptance, for the case specified at Point b, Clause 2,
Article 104 of this Law;
c/ For complicated cases or cases encountering objective obstacles, the court president may
decide to extend the time limit for trial preparation only once for not more than 2 months, for the
case specified at Point a, Clause 1 of this Article, and for not more than 1 month, for the case
specified at Point b, Clause 1 of this Article.
2. Within the time limit for trial preparation specified, in Clause 1 of this Article, the judge
assigned to preside over the court hearing shall issue one of the following decisions:
a/ To bring the case to trial;
b/ To" suspend the settlement of the case;
c/ To terminate the settlement of the case.
3. Within 20 days after the date of issuance of the decision to bring the case to trial, the court
shall open a court hearing. With a plausible reason, the time limit for opening a court hearing
may be extended but must not exceed 30 days.
Article 118. Suspension of settlement of administrative cases
1. The court shall decide to suspend the settlement of an administrative case in the -following
cases:
a/ An involved party being an individual has died or being an agency or organization has been
dissolved without any individual, agency or organization inheriting his/her/its procedural rights
and obligations;
b/ An involved party being an individual has lost his/her civil act capacity while his/her at-law
representative has not been identified;
c/ An involved party cannot be present for a plausible reason upon the expiration of the time
limit for trial preparation, except the case in which the trial can be conducted in the absence of
involved parties;
e/ Results of the settlement conducted by another agency or of the settlement of another related
case or matter need to be waited for.
2. The court shall continue settling an administrative case when the reason for the suspension no
longer exists.
3. Decisions on suspension of settlement of administrative cases may be appealed or protested
against according to appellate procedures.
Article 119. Consequences of the suspension of settlement of administrative cases
1. The court may not delete the name of an administrative case suspended from settlement from
the case acceptance book but shall only note down in this book the number and date of the
decision on suspension of the settlement of the administrative case.
2. Court fee and legal cost advances paid by involved parties shall be deposited at the State
Treasury and handled when the court resumes the settlement of the administrative case.
Article 120. Termination of settlement of administrative cases
1. The court shall decide to terminate the settlement of an administrative case in the following
cases:
a/ The plaintiff being an individual has died while his/her rights and obligations are not inherited;
or being an agency or organization has been dissolved without any individual, agency or
organization inheriting its procedural rights and obligations:
b/ The plaintiff withdraws the lawsuit petition with the court's approval;
c/ The plaintiff is absent although he/she has been duly summoned twice;
d/ The defendant cancels 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 and persons with related interests and obligations who have made
independent claims agree to withdraw their claims;
e/ The cases specified in Clause 1, Article 109 of this Law in which the court has accepted the
case.
2. Upon the issuance of a decision to terminate the settlement of a case, the court shall return the
lawsuit petition, documents and evidence to involved parties if they so request.
3. Decisions on termination of the settlement of administrative cases may be appealed or
protested against according to appellate procedures.
Article 121. Consequences of the termination of settlement of administrative cases
1. When a decision on termination of settlement of an administrative case is issued, involved
parties have no right to institute a lawsuit requesting the court to resettle this administrative case
if the subsequent lawsuit does not bring any difference from the previous one regarding the
plaintiff, the defendant and the disputed legal relation, except the cases subject to termination
under Points b, d and g. Clause 1, Article 109, Points b and c, Clause 1, Article 120 of this Law
and other cases specified by law.
2. Court fee and legal cost advances paid by involved parties shall be handled under the law on
court fees and legal costs.
Article 122. Competence to issue decisions on suspension or termination of settlement of
administrative cases
1. Judges assigned to settle administrative cases are competent to issue decisions on suspension
or termination of settlement of these cases.
2. Within 5 working days after issuing a decision specified in Clause 1 of this Article, the court
shall send such decision to involved parties and the same-level procuracy.
Article 123. Decisions to bring cases to trial
1. A decision to bring a case to trial must contain the following principal contents:
a/ Date and venue of opening the court hearing;
b/ Public or behind-closed-door trial;
c/ Names and addresses of procedure participants;
d/ Contents of the lawsuit;
e/ Full names of judges, people's jurors, court clerk, procurators, and alternative judges, people's
jurors and procurators (if any).
2. Decisions to bring cases to trial shall be sent to involved parties and same-level procuracies
immediately after they are issued.
Article 124. Sending of case files to procuracies for study
Courts shall send case files together with decisions to bring cases to trial to same-level
procuracies for study. Within 15 days after receiving a case file, the procuracy shall return it to
the court.
Chapter X
FIRST-INSTANCE COURT HEARINGS
Article 125. General requirements on first-instance court hearings
A first-in stance court hearing shall be conducted at the time and in the place indicated in the
decision to bring a case to trial or in the notice of re-opening of the court hearing in case of
postponement of the court hearing.
Article 126. Direct, oral and continuous trial
1. The trial panel shall directly ascertain circumstances of the case by questioning and listening
to presentations of the plaintiff, the defendant, persons with interests and obligations related to
the case, representatives, defense counsels-of the rights and legitimate interests of involved
parties and other procedure participants; examine and verify collected documents and evidence;
listen to opinions of the procuracy presented by a procurator. A judgment shall be based only on
questioning, argument results and evidence which have been examined and verified at the court
hearing.
2. The trial shall be conducted orally and proceed uninterruptedly, excluding breaks. Members of
the trial panel shall try the case from the beginning to the end of the court hearing.
In special cases, the trial may be suspended for not more than 5 days. Upon the expiration of the
suspension duration, the trial shall resume.
3. The Supreme People's Court shall guide the implementation of this Article.
Article 127. Internal rules of court hearings
1. People aged under 16 may not enter the court room, unless they are summoned by the court to
attend the court hearing.
All people present in the courtroom shall rise as the trial panel enters the courtroom, respect the
trial panel, keep order and obey instructions of the presiding judge of the court hearing.
Only persons who are permitted by the trial panel may raise or answer questions or give
statements. Persons shall stand while raising or answering questions or giving statements, unless
they are permitted by the presiding judge of the court hearing to stay seated for poor health.
2. The Supreme People's Court shall base itself on the provisions of Clause 1 of this Article and
other provisions of law to issue internal rules of court hearings.
Article 128. Composition of first-instance trial panels
1. A first-instance trial panel is composed of a judge and two people's jurors. In special cases, a
first-instance trial panel may be composed of two judges and three people's jurors.
2. The Supreme People's Court shall guide the implementation of this Article.
Article 129. Presence of members of trial panels and court clerks
1. A court hearing can be conducted only when all members of the trial panel and the court clerk
are present.
2. In case a judge or people's juror is absent or unable to continue participating in the trial of the
case but there is an alternative judge or people's juror attending the court hearing from the
beginning, the latter may replace the absent member of the trial panel in participating in the trial
of the case.
3. In case there is no alternative judge or people's juror to replace the absent member of the trial
panel under Clause 2 of this Article, the court hearing shall be postponed.
4. In case the court clerk is absent or unable to continue participating in the court hearing and
there is no replacement, the court hearing shall be postponed.
Article 130. Presence of procurators
1. Procurators who are assigned by director of same-level procuracies shall participate in court
hearings. If they are absent, trial panels shall decide to postpone court hearings and notify such to
director of same-level procuracies, except the case specified in Clause 2 of this Article.
2. In case a procurator is absent or unable to continue participating in a court hearing but there is
an alternative procurator attending the court hearing from the beginning, the latter may replace
the absent procurator in participating in the trial of the case.
Article 131. Presence of involved parties, their representatives and defense counsels of their
rights and legitimate interests
1. When being duly summoned by the court for the first time, involved parties, their
representatives and defense counsels of their rights and legitimate interests must be present. If
any of these persons is absent, the trial panel shall postpone the court hearing, unless the absent
person files a written request for trial to be conducted in his/her absence.
The court shall notify involved parties, their representatives and defense counsels of their rights
and legitimate interests of the postponement of the court hearing.
2. When being duly summoned by courts for the second time, involved parties, their
representatives and defense counsels of their rights and legitimate interests must be present at the
court hearing. If they are absent for non-force majeure events, they shall be handled as follows;
a/ Plaintiffs or at-law representatives who have no representatives to participate in court hearings
shall be regarded as having waived their lawsuits and courts shall issue decisions on termination
of settlement of cases withregard to their lawsuit claims, unless they request in writing trial to be
conducted in their absence. Plaintiffs may institute lawsuits again, provided that the statute of
limitations for lawsuit institution has not yet expired;
b/ For defendants or persons with related interests and obligations who make no independent
claims and have no representatives to participate in court hearings, courts shall still conduct trial
in their absence;
c/ Persons with related interests and obligations who make no independent claims and have no
representatives to participate in court hearings shall be regarded as having waived their
independent claims and courts shall issue decisions on termination of settlement of cases with
regard to their independent claims, unless they request in writing trial to be conducted in their
absence. Persons with related interests and obligations who make independent claims may
institute lawsuits again with regard to their claims, provided that the statute of limitations for
lawsuit institution has not yet expired;
d/ For absent defense counsels of the rights and legitimate interests of involved parties, courts
shall still conduct trial in their absence.
Article 132. Trial in absence of involved parties from court hearings
The court shall still conduct trial of a case in the following cases:
1. The plaintiff, the defendant, persons with related interests and obligations and their
representatives that are absent from the court hearing request in writing the court to conduct trial
in their absence;
2. The plaintiff, the defendant or persons with related interests and obligations that are absent
from the court hearing have their representatives participating in the court hearing;
3. The cases specified at Points b and d, Clause 2, Article 131 of this Law.
Article 133. Presence of witnesses
1. Witnesses are obliged to participate in court hearings when summoned by courts to clarify
circumstances of cases. In case witnesses are absent but have earlier given their testimonies in
person or sent their testimonies to courts, presiding judges of court hearings shall disclose these
testimonies.
2. In case witnesses are absent, the trial panel shall decide to postpone the court hearing or to
continue with the trial. In case witnesses arc absent from the court hearing without any plausible
reasons and their absence impedes the trial, they may be escorted to the court hearing under
decisions of the trial panel.
Article 134. Presence of experts
1. Experts are obliged to participate in court hearings when summoned by courts to clarify
matters related to the expert examination and expert conclusions.
2. In case experts are absent, the trial panel shall decide to postpone the court hearing or to
continue with the trial.
Article 135. Presence of interpreters
1. Interpreters are obliged to participate in court hearings when summoned by courts.
2. In case interpreters are absent without any replacements, the trial panel shall decide to
postpone the court hearing.
Article 136. Postponement of court hearings
1. Cases in which a court hearing shall be postponed:
a/ The cases specified in Clauses 3 and 4, Article 129; Clause 1, Article 130; Clause 1, Article
131; and Clause 2, Article 135 of this Law;
b/ A trial panel member, procurator, court clerk or interpreter is changed without any
replacement;
c/ An expert is changed;
d/ It is necessary to verify or collect additional documents and evidence but the verification or
collection cannot be conducted right at the court hearing.
2. Cases of postponement of court hearings specified in Clauses 2, Article 133 and Clause 2,
Article 134 of this Law.
Article 137. Duration of and decisions on postponement of court hearings, and competence
to postpone court hearings
1. The duration of postponement of a first-instance court hearing is 30 days after the date of
issuance of the postponement decision.
2. A decision on postponement of a court hearing must contain the following principal contents:
a/ Date of issuance;
b/ Name of the court and full names of procedure-conducting persons;
c/ Case to be tried;
d/ Reason(s) for postponement;
e/ Time and venue for resumption of the court hearing.
3. The court hearing postponement decision shall be signed by the presiding judge of the court
nearing on behalf of the trial panel. In case the presiding judge of the court hearing is absent, the
court president shall issue a court hearing postponement decision. The court hearing
postponement decision shall be immediately notified to procedure participants. For absent
persons, the court shall immediately send the decision to them and concurrently to the same-level
procuracy,
4. After postponing a court hearing, if the court cannot resume it at the time and in the place
indicated in the court hearing postponement decision, the court shall immediately notify the
same-level procuracy and procedure participants of the time and venue for the court hearing.
Article 138. Procedures for rendering court judgments and rulings at court hearings
1. A judgment shall be discussed and passed by the trial panel in the deliberation room.
2. A decision to change a procedure-conducting person, an expert or interpreter, to transfer the
case, to suspend or terminate the settlement of the case, or to postpone the court hearing shall be
discussed and passed in the deliberation room and made in writing.
3. A decision on another matter shall be discussed and passed in the courtroom, must not be
made in writing but shall be recorded in the minutes of the court hearing.
Article 139. Suspension or termination of settlement of cases at court hearings
1. At a court hearing, if any of the cases specified in Clause 1. Article 118 of this Law occurs, the
trial panel shall issue a decision on suspension of the settlement of the case.
2. At a court hearing, if any of the cases specified in Clause 1, Article 120 of this Law occurs, the
trial panel shall issue a decision on termination of the settlement of the case.
3. In case an involved party produces a new administrative decision which is related to the
decision over which the lawsuit is instituted and does not fall under the jurisdiction of the court
currently conducting the first-instance trial of the case, the trial panel shall terminate the trial and
transfer the case file to a competent court.
Article 140. Minutes of court hearings
1. The minutes of a court hearing must folly indicate the following contents:
a/ The contents specified in Clause 1, Article 123 of this Law;
b/ All proceedings at the court hearing from the beginning to the end;
c/ Questions, answers and statements at the court hearing;
d/ Other contents which must be recorded in the minutes under this Law.
2. In addition to recording the minutes, the court may audio-record and video-record the
proceedings at the court hearing.
3. At the end of the court hearing, the trial panel shall examine the minutes, and the presiding
judge of the court hearing and the court clerk shall sign it.
4. Procurators and procedure participants may have a look at the minutes of the court hearing and
request the recording of modifications and supplements in the minutes and sign it for
certification.
Article 141. Preparations for opening of court hearings
Before opening a court hearing, the court clerk shall perform the following jobs:
1. Announcing internal rules of the court hearing;
2. Checking and identifying the presence of court hearing participants who are summoned by the
court. If any person is absent, the reason for the absence shall be clarified;
3. Maintaining order in the courtroom;
4. Ordering all people present in the court room to rise when the trial panel enters the courtroom.
Article 142. Opening of court hearings
1. The presiding judge shall open the court hearing and read out the decision to bring the case to
trial.
2. The court clerk shall report to the trial panel on the presence or absence of the persons who
have been summoned by the court and reason(s) for their absence.
3. The presiding judge shall re-check the presence of the court hearing participants who have
been summoned by the court and check the identity cards of involved parties.
4. The presiding judge shall explain the rights and obligations of involved parties and other
procedure participants.
5. The presiding judge shall introduce procedure-conducting persons, experts and interpreters.
6. The presiding judge shall ask persons who have the right to request change oi produce-
conducting persons, experts and interpreters to see if they request any change and reasons for
their requests.
Article 143. Response to requests for change of procedure-conducting persons, experts and
interpreters
In case there is a request for change of a procedure-conducting person, an expert or an interpreter
at the court hearing, the trial panel shall consider and decide to accept or reject the request under
this Law. In case of rejection, the reason therefore shall be clearly stated and recorded in the
minutes of the court hearing.
Article 144. Assurance of objectivity of witnesses
1. Before witnesses are questioned about matters which they know and are related to the
settlement of the case, the presiding judge of the court hearing may decide to take necessary
measures so that witnesses can neither hear each other's testimonies nor communicate with
relevant persons.
2. If the testimonies of involved parties and witnesses are interrelated, the presiding judge of the
court hearing may decide to separate involved parties from witnesses before the latter is
questioned.
Article 145. Questioning of involved parties about change, addition or withdrawal of their
claims
1. The presiding judge of the court hearing shall question the plaintiff about change, addition or
withdrawal of part or whole of their lawsuit claims.
2. The presiding judge of the court hearing shall question persons with related interests and
obligations that have made independent claims about change, addition or withdrawal of part or
whole of their independent claims.
Article 146. Consideration of change, addition or withdrawal of claims
1. The trial panel shall accept the change or addition of involved parties' claims provided that the
change or addition does not go beyond the scope of their lawsuit claim or initial dependent
claims.
2. In case involved parties voluntarily withdraw part or whole of their claims, the trial panel shall
accept the request and terminate the trial with regard to the withdrawn part of claims or whole of
claims.
Article 147. Change of procedural status
In case the plaintiff withdraws the whole of his/her lawsuit petition but persons with related
interests and obligations still maintain their independent claims, the latter shall become the
plaintiff.
Article 148. Questing at court hearings
1. The trial panel shall identify all circumstances of the case by listening to opinions of the
plaintiff, the defendant, persons with related interests and obligations or representatives of
involved parties, defense counsels of the rights and legitimate interests of involved parties,
witnesses and experts, and comparing these opinions with collected documents and evidence.
2. After listening to the involved parties' statements, the questioning of each person about each
specific matter shall be conducted in the order that the presiding judge of the court hearing shall
raise questions first, followed by people's jurors, defense counsels of rights and legitimate
interests of involved parties, involved parties, other procedure participants and procurators.
Article 149. Questioning of plaintiffs
1. In case there arc more than one plaintiff, they shall be questioned separately one by one.
2. The plaintiff shall be questioned only about matters presented by himself/herself and the
defense counsel of his/her rights and legitimate interests which remain unclear, inconsistent or
contradictory to their previous testimonies, or contradictory to the statements of the defendant,
persons with related interests and obligations and defense counsels of the rights and legitimate
interests of these persons.
3. The plaintiff may himself/herself give answers or the defense counsel of his/her rights and
legitimate interests may give answers on his/her behalf, then he/she shall give additional
answers.
Article 150. Questioning of defendants
1. In case there are more than one defendant, they shall be questioned separately one by one.
2. The defendant shall be questioned only about matters presented by himself/herself and the
defense counsel of his/her rights and legitimate interests which remain- unclear, inconsistent or
contradictory to their previous testimonies, or contradictory to the statements of the plaintiff,
persons with related interests and obligations and defense counsels of the rights and legitimate
interests of these persons.
3. The defendant may himself/herself give answers or the defense counsel of his/her rights and
legitimate interests may give answers on his/her behalf, then he/she shall give additional
answers.
Article 151. Questioning of persons with related interests and obligations
1. In case there are more than one person with related interests and obligations, they shall be
questioned separately one by one.
2. Persons with related interests and obligations shall be questioned only about matters presented
by themselves, defense counsels of their rights and legitimate interests which remain unclear,
inconsistent or contradictory to their previous testimonies, or contradictory to statements of the
plaintiff, defendants and defense counsels of the rights and legitimate interests of these persons.
3. Persons with related interests and obligations may themselves give answers or defense
counsels of their rights and legitimate interests may give answers on their behalf, then they shall
give additional answers.
Article 152. Questioning of witnesses
1. In case there are more than one witness, they shall be questioned separately one by one.
2. Before questioning witnesses, the presiding judge of the court hearing shall ask clearly about
the relationships between them and involved parties in the case. If witnesses are minors, the
presiding judge of the court hearing may ask for help of their parents, guardians or teachers in
questioning.
3. The presiding judge of the court hearing shall request witnesses to clearly state circumstances
of the case which they know. After witnesses give their statements, they may only be further
questioned about points which are unclear, incomplete or inconsistent in their statements or
which conflict with their previous testimonies, the statements of involved parties or of defense
counsels of the rights and legitimate interests of involved parties.
4. After making their statements, witnesses shall stay in the court room so that they may be
further questioned.
5. When necessary to protect witnesses and their relatives, the trial panel shall decide not to
disclose information on their personal identities and keep them from being seen by court hearing
participants.
Article 153. Disclosure of documents of cases
1. The trial panel shall disclose documents of a case in the following cases:
a/ Procedure participants are absent from the court hearing but have given their testimonies at the
stage of trial preparation;
b/ Testimonies given by procedure participants at the court hearing are contradictory to their
previous testimonies;
c/ When the trial panel finds it necessary or when the procurator or procedure participants so
request.
2. In special cases in which it is necessary to keep state secrets, to preserve fine national customs
and practices, to keep professional secrets, business secrets or personal privacy at the request of
involved parties, the trial panel shall not disclose documents included in the case file.
Article 154. Listening to audio tapes and disks and watching video tapes and disks
At the request of procurators or procedure participants or when finding it necessary, the trial
panel may play audio or video tapes and disks to be listened to or watched at the court hearing,
except the cases specified in Clause 2, Article 153 of this Law.
Article 155. Examination of material exhibits
1. Material exhibits, photos or written certifications of exhibits to be presented for examination at
the court hearing.
2. When necessary, the trial panel may go together with involved parties for on-site examination
of material exhibits which cannot be brought to the court hearing.
Article 156. Questioning of experts
1. The presiding judge of the court hearing shall request experts to present their conclusions on
matters they are assigned to examine. During presentation, experts may give additional
explanations on their conclusions and grounds for making these conclusions.
2. Procurators and procedure participants present at the court hearing may give comments on
expert conclusions or ask about matters which remain unclear or contradictory in expert
conclusions or contradictory to other circumstances of the case.
3. If experts are absent from the court hearing, the presiding judge of the court hearing shall
disclose expert conclusions.
4. If any procedure participant disagrees with expert conclusions disclosed at the court hearing
and requests an additional examination or re-examination, if finding the additional examination
or re-examination is necessary for the settlement of the case, the trial panel shall decide on
additional examination or re-examination. In this case, the trial panel shall decide to postpone the
court hearing.
Article 157. Conclusion of questioning at court hearings
When seeing that circumstances of the case have been fully examined, the presiding judge of the
court hearing shall ask the procurator, involved parties, defense counsels of the rights and
legitimate interests of involved parties and other procedure participants whether they have any
further questions. In case someone has a question and he/she finds such question grounded, the
presiding judge of the court hearing shall decide to continue the questioning.
Article 158. Order for making statements during argument
1. After the questioning, the trial panel shall move on to the stage of argument at the court
hearing. The order for making statements during argument is as follows:
a/ The defense counsel of the rights and legitimate interests of the plaintiff makes statements.
The plaintiff may give additional opinions;
b/ The defense counsel of the rights and legitimate interests of the defendant makes statements.
The defendant may give additional opinions;
c/ Defense counsels of the rights and legitimate interests of persons with related interests and
obligations make statements. Persons with related interests and obligations may give additional
opinions.
2. In case involved parties and defense counsels of the rights and legitimate interests of involved
parties are absent from the court hearing but have sent documents on protection of the rights and
legitimate interests of involved parties, the trial panel shall disclose these documents at the court
hearing.
3. In case involved parties have no defense counsels of their rights and legitimate interests, they
shall themselves make statements during argument.
Article 159. Making of statements during argument and replies
When making statements on the assessment of evidence or expressing their points of view on the
settlement of the case, persons participating in the argument shall base themselves on documents
and evidence already collected and examined or verified at the court hearing as well as results of
the questioning at the court hearing. They may reply to opinions of others. The presiding judge
of the court hearing may not limit the argument time and shall create conditions for argument
participants to fully express their opinions but may interrupt and rule out opinions that arc not
relevant to the case.
Article 160. Statements of procurators
1. After procedure participants make statements during argument and replies, procurators shall
make statements on compliance with the procedure law throughout the course of settlement of
the case by judges and the trial panel, law observance by administrative procedure participants
from the acceptance of the case to the time of deliberation by the trial panel.
2. The Supreme People's Procuracy and the Supreme People's Court shall guide the
implementation of this Article.
Article 161. Deliberation
1. After the argument, the trial panel enters the deliberation room to deliberate the case.
2. Only members of the trial panel can participate in the deliberation. During the deliberation,
members of the trial panel shall decide on all matters of the case by majority voting on matter by
matter. People's jurors shall vote first and judges shall vote last. If the trial panel is composed of
5 members, the presiding judge of the court hearing shall vote last. Members of minority opinion
may present their opinions in writing which shall be recorded in the case file.
3. During the deliberation, the trial panel may base themselves only on documents and evidence
already examined and considered at the court hearing, results of the questioning at the court
hearing and shall fully consider opinions of procedure participants and procurators.
4. The deliberation shall be recorded in a minutes with all opinions discussed and decisions of
the trial panel. The deliberation minutes shall be signed by members of the trial panel in the
deliberation room before the pronouncement of judgment(s).
5. For a case involving many complicated circumstances and the deliberation requires a longer
time, the trial panel may decide on the deliberation time limit which must not exceed 5 working
days after the argument at the court hearing.
The trial panel shall inform all persons present at the court hearing and procedure participants
absent from the court hearing of the time, date and place of judgment pronouncement. If the trial
panel has done so but some procedure participants are still absent, it shall still conduct the
judgment pronouncement under Article 165 of this Law.
Article 162. Resumption of questioning and argument
Through argument or deliberation, if finding that certain circumstances of the case have not been
examined, the questioning remains inadequate or more evidence should be examined, the trial
panel shall decide to resume the questioning and argument.
Article 163. Jurisdiction of trial panels
1. Trial panels shall examine the legality of administrative decisions, administrative acts,
disciplinary decisions on dismissal, decisions on settlement of complaints on decisions on
handling of competition cases, voter lists over which lawsuits are instituted, and decisions on
settlement of relevant complaints.
2. Trial panels may decide to:
a/ Reject lawsuit claims which are not legally grounded;
b/ Accept part or whole of lawsuit petitions, pronounce cancellation of part or whole of unlawful
administrative decisions; order state agencies or competent persons in these state agencies to
perform tasks or public duties under law;
c/ Accept part or whole of lawsuit petitions, declare some or all administrative acts unlawful;
order state agencies or competent persons in these state agencies to terminate their unlawful acts;
d/ Accept lawsuit petitions, pronounce cancellation of unlawful disciplinary decisions on
dismissal; order heads of agencies or organizations to perform tasks or public duties under law;
e/ Accept part or whole of lawsuit petitions, pronounce cancellation of part or whole of unlawful
decisions on settlement of complaints about decisions on handling of competition cases; order
competent agencies or persons that have issued decisions on settlement of complaints about
decisions on handling of competition cases to resettle these cases under the Law on Competition;
f/ Accept part or whole of lawsuit petitions; order agencies making voter lists to modify or
supplement these lists under law;
g/ Order agencies or organizations to pay compensations for damage, restore the rights and
legitimate interests of individuals, agencies and organizations which are infringed upon by
unlawful administrative decisions, administrative acts, disciplinary decisions on dismissal or
decisions on settlement of complaints about decisions on handling of competition cases;
h/ Recommend competent state agencies or their heads to examine responsibilities of state
agencies or competent persons of these agencies.
Article 164. First-instance judgments
1. Trial panels shall render first-instance judgments in the name of the Socialist Republic of
Vietnam.
2. A judgment consists of an introductory part, a part on the contents of the case and reasoning of
the court, and a part on the ruling.
3. The introductory part of a judgment must indicate the name of the first-in stance court; the
serial number and date of the case acceptance; the serial number of the judgment and the date of
judgment pronouncement; full names of members of the trial panel, court clerk and procurator;
names and addresses of the plaintiff, defendant, persons with related interests and obligations,
representatives, defense counsels of the rights and legitimate interests of involved parties and
other procedure participants; subject matter of the lawsuit; serial number and date of the decision
to bring to case to public or behind-closed-door trial; time and place of trial.
4. The part on the contents of the case and reasoning of the court must state the lawsuit petition
of the plaintiff; requests of the defendant; requests and independent claims of persons with
related interests and obligations; reasoning of the court; points, clauses and articles of legal
documents referred to by the court as grounds for settling the case.
In its reasoning, the court must analyze grounds for acceptance or rejection of the claims and
requests of involved parties and defense counsels of the rights and legitimate interests of
involved parties.
5. The part on the ruling must clearly slate the rulings of the court on each specific matter which
needs to be settled in the case, court fee, and the right to appeal against the judgment. If there is a
decision which must be executed without delay, such decision must be clearly stated.
Article 165. Pronouncement of judgments
Upon pronouncement of a judgment, all people present in the court room shall rise, except those
permitted by the presiding judge of the court hearing to stay seated. The presiding judge of the
court hearing or another member of the trial panel shall read out the judgment. After the reading
of the judgment, he/she may-give further explanations about the judgment execution and the
right to appeal.
In case an involved party does not know Vietnamese, the interpreter shall, after the judgment
pronouncement, interpret the full text of the judgment into a language he/she knows.
Article 166. Provision or sending of judgment extracts and judgments
1. Within 3 working days after the end of a court hearing, involved parties shall be provided with
judgment extracts by the court.
2. Within 7 working days after the date of judgment pronouncement, the court shall provide or
send the judgment(s) to involved parties-and the same-level procuracy.
3. Thirty days after the expiration of the time limit for filing appeals or protests, if no appeal or
protest is filed, the court shall provide or send the legally effective judgment(s) to involved
parties, the same-level procuracy, the same-level civil judgment enforcement agency and the
immediate superior agency of the defendant.
Article 167. Correction or supplementation of court judgments and rulings
1. Court judgments and rulings, once pronounced, must not be corrected or supplemented, except
in case obvious spelling errors or erroneous data due to mistakes or calculation errors are
detected. Documents on amendments or supplements must be immediately sent by the court to
involved parties and the same-level procuracy. For legally effective judgments or rulings,
documents on amendments or supplements shall also be send to the same-level civil judgment
enforcement agency and the immediate superior agency of the defendant.
2. The correction or supplementation of judgments and rulings specified in Clause 1 of this
Article shall be made by the presiding judge of the court hearing or session together with
members of the trial panel trying such case. In case a member of the trial panel cannot make
correction or supplementation, the correction or supplementation shall be carried out by the court
president.
Chapter XI
PROCEDURES FOR SETTLEMENT OF LAWSUITS OVER LISTS OF VOTERS TO
ELECT DEPUTIES TO THE NATIONAL ASSEMBLY OR TO PEOPLE'S COUNCILS
Article 168. Receipt of lawsuit petitions and acceptance of cases
Upon receiving a petition to institute a lawsuit over a list of voters to elect deputies to the
National Assembly or to a People's Council, the court president shall assign a judge to
immediately accept the case.
Article 169. Time limit for settlement of cases
1. Within 2 days after the acceptance of a case, the judge assigned to accept the case shall issue
either of the following decisions:
a/ A decision to bring the case to trial;
b/ A decision to stop the case and return the lawsuit petition.
2. After issuing a decision to bring the case to trial, the court shall immediately send this decision
to involved patties and the same-level procuracy.
3. Within 2 days after the issuance of the decision to bring the case to trial, the court shall open a
court hearing.
Article 170. Presence of representatives of procuracies and involved parties
Involved parties and the procurator of the same-level procuracy must be present at the court
hearing. In case they are absent, the trial panel shall still conduct the trial of the case.
Article 171. Application of other provisions of this Law
1. Other provisions of this Law may be applied to settling administrative cases with regard to
lawsuits over lists of voters to elect deputies to the National Assembly or to People's Councils in
case this Chapter does not provide for to that effect.
2. The Supreme People's Court shall guide the implementation of this Article.
Article 172. Effect of court judgments or rulings to terminate cases
1. Judgments or rulings to terminate cases of settlement of lawsuits over lists of voters to elect
deputies to the National Assembly or to People's Councils take effect immediately for execution,
involved parties have no right to appeal and procuracies have no right to protest.
2. Courts shall immediately send their judgments or rulings to terminate cases to involved parties
and same-level procuracies.
Chapter XII
APPELLATE PROCEDURES
Article 173. Nature of appellate trial
Appellate trial means the re-trial by the immediate superior court of a case with the first-instance
court's judgment or ruling having not yet taken legal effect and being appealed or protested
against.
Article 174. Persons having the right to appeal
The involved parties or their representatives have the right to appeal against judgments or
decisions of the first-instance courts to suspend or terminate the settlement of cases in order to
request the immediate superior courts to directly conduct re-trial according to appellate
procedures.
Article 175. Appeal petition
1. An appeal petition must contain the following principal details:
a/ Date of making;
b/ Full name and address of the appellant;
c/ The appealed part of the judgment or ruling of the first-instance court, which has not yet taken
legal effect;
d/ The reason(s) for appealing and the appellant's claims;
e/ Signature or fingerprint of the appellant.
2. The appeal petition shall be filed with the first-instance court which rendered the judgment or
ruling which is appealed against; the appeal petition must be enclosed with additional documents
and evidence (if any) to prove that the appeal is grounded and lawful.
In case the appeal petition is filed with the appellate court, the appellate court shall transfer the
petition to the first-instance court for carrying out necessary procedures under Article 186 of this
Law.
Article 176. Time limit for filing an appeal
1. The time limit for appealing against the first-instance court's judgment is 15 days counting
from the date of judgment pronouncement by the court; for the involved parties that are absent
from the court hearing, the time limit for an appeal shall be counted from the date the judgment
is handed over to them or publicly posted up at the office of the commune-level People's
Committee of the locality in which they reside or are based, for involved parties being agencies
or organizations.
2. The time limit for appealing against the first-instance court's ruling on suspension or
termination of the settlement of a case is 7 days counting from the date the person who has the
right to appeal receives such decision.
3. In case the appeal petition is sent by post, the appeal date is the date postmarked on the
envelope by the sending post office.
Article 177. Examination of appeal petitions
1. After receiving the appeal petitions, the first-instance courts shall examine their validity under
Clause 1, Article 175 of this Law.
In case the appeal petition lacks details specified in Clause 1. Article 175 of this Law, the first-
instance court shall request the appellant to modify and supplement it.
2. In case the appeal petition is filed after the time limit specified in Article 176 of this Law
(below referred to as overdue appeal) for a force majeure event or an objective obstacle, the first-
instance court shall request the appellant to clearly state the reason and produce documents and
evidence (if any) to prove that the reason for the appeal petition being filed late is plausible.
Article 178. Overdue appeals
After receiving an overdue appeal petition, the first-instance court shall forward the petition and
the appellant's explanation of the reason for late filing, documents and evidence (if any) to the
appellate court.
Within 10 days after receiving the overdue appeal and enclosed documents and evidence, the
appellate court shall form a panel consisting of three judges to consider the overdue appeal.
The panel may issue a decision to accept or reject the overdue appeal and clearly state the reason
in the decision, which shall be sent to the late appellant, the first-instance court and the procuracy
of appellant level.
If the appellate court accepts the overdue appeal, the first-instance court shall carry out
procedures provided in this Law and send the case file to the appellate court.
Article 179. Notice of payment of appellate court fee advances
1. After accepting the valid appeal petition, the first-instance court shall notify the appellant
thereof so that the latter pays an appellate court fee advance as required by law, unless the latter
falls into cases exempt from paying or not required to pay the appellate court fee advance.
2. Within 10 days counting from the date of receiving the court's notice of payment of the
appellate court fee advance, the appellant shall pay an advance and submit to the first-instance
court the receipt of the advance. Past this time limit should the appellant fail to pay the appellant
court fee advance, he/she shall be regarded as having waived the appeal, unless he/she has a
plausible reason therefor; the court shall return the appeal petition to the involved party.
Article 180. Notice of appeal
1. When sending the case file and the appeal petition to the appellate court, the first-instance
court shall notify the appeal in writing to the same-level procuracy and the involved parties
related to the appeal.
2. Involved parties who are notified of the appeal may send to the appellate court documents
expressing their opinions on the appealed contents. Such documents shall be included in the case
files.
Article 181. Protest by procuracy
The director of the procuracy of the same level or immediate superior level may protest against
the first-instance court's judgment or ruling on suspension or termination of the settlement of the
case in order to request the immediate superior court to directly settle the case according to
appellate procedures.
Article 182. Protest decision of procuracy
1. A procuracy's protest decision must be made in writing and contain the following principal
details:
a/ Date of issue and serial number of the protest decision;
b/ Name of the procuracy issuing the protest decision;
c/ Protested parts of the first-instance court's judgment or ruling which has not yet taken legal
effect;
d/ Reason(s) for the protest and the procuracy's requests;
e/ Full name of the person signing the protest decision and seal of the procuracy issuing the
protest decision.
2. The protest decision must be immediately sent to the first-instance court that has rendered the
protested judgment or ruling so that such court shall carry out procedures stipulated in Article
186 of this Law. Enclosed with the protest decision must be additional documents and evidence
(if any) to prove that the procuracy's protest is grounded and lawful.
Article 183. Time limit for making a protest
1. The time limit for protesting against the first-instance court's judgment is 15 days for the
same-level procuracy and 30 days for the immediate superior procuracy, counting from the date
of judgment pronouncement.
2. The time limit for protesting against the first-instance court's ruling on suspension or
termination of the settlement of the case is 7 days for the same-level procuracy and 10 days for
the immediate superior procuracy, counting from the date the same-level procuracy receives such
ruling.
Article 184. Notice of protest
1. The procuracy issuing a protest decision shall promptly send the protest decision to the
involved parties related to the protest.
2. Persons who are notified of the protest may send to the appellate court documents expressing
their views on the protested contents. Such documents shall be included in the case files.
Article 185. Consequences of appeal or protest
1. The appealed or protested parts of a first-instance court's judgment or ruling must not be
executed, unless immediate execution is permitted by law.
2. A first-instance court's judgment or ruling or parts thereof which is or are not appealed or
protested against will take legal effect on the date of expiration of the appeal or protest lime
limit.
Article 186. Sending of case files, appeals and protests
The first-instance court shall send to the appellate court case files, appeals or protests and
enclosed documents and evidence within 5 working days counting from the date on which:
1. The appellant submits the appeal petition to the first-instance court, in case the appellant is
exempt from paying or is not required to pay an appellate court fee advance;
2. The appellant submits to the first-instance court the receipt of the appellate court fee advance,
in case the appellant has to pay an appellate court fee advance.
3. The first-instance court receives the protest decision from a procuracy.
Article 187. Acceptance of cases for appellate trial
1. Immediately after receiving a case file, an appeal, a protest decision and enclosed documents
and evidence, the appellate court shall record it in the case acceptance book.
2. The president of the court of appellate level or the President of the Appellate Court of the
Supreme People's Court shall set up an appellate trial panel and assign a judge to preside over
court hearings and sessions.
Article 188. Modification, supplementation and withdrawal of appeals or protests
1. Before the opening of an appellate court hearing or during an appellate court hearing, the
appellant may modify or supplement his/her appeal and the procuracy that has issued the protest
decision may modify or supplement its protest provided that the modification or supplementation
must not go beyond the scope of the original appeal or protest, if the appeal or protest time limit
has expired.
2. Before the opening of an appellate court hearing or during an appellate court hearing, the
appellant may withdraw his/her appeal and the procuracy that has issued the protest decision or
the immediate superior procuracy may withdraw the protest.
The appellate court shall terminate the appellate trial of the case against which the appellant has
withdrawn his/her appeal or the procuracy has withdrawn its protest. The termination of the
appellate trial prior to the opening of a court hearing shall be decided by the presiding judge of
the court hearing or by the trial panel during a court hearing.
3. The modification, supplementation or withdrawal of an appeal or a protest before the opening
of an appellate court hearing must be made in writing and sent to the appellate court. The
appellate court shall notify the involved parties of such modification, supplementation or
withdrawal, and notify the same-level procuracy of the modification, supplementation or
withdrawal of the appeal of the involved party.
The modification, supplementation or withdrawal of an appeal or a protest during a court hearing
must be recorded in the minutes of the court hearing.
Article 189. Addition of new evidence
1. Prior to an appellate court hearing or during an appellate court hearing, the appealant, the
procuracy making the protest, a person with interests and obligations related to the appeal or
protest, and the defense counsels of the rights and legitimate interests of involved parties may
additionally provide new evidence.
2. The appellate court may itself or at the request of an involved party verify newly added
evidence. It may entrust the verification under Article 86 of this Law.
Article 190. Scope of appellate trial
The appellate court shall only review parts of the first-instance judgment or ruling which is
appealed or protested against or related to the appealed or protested contents.
Article 191. Time limit for appellate trial preparation
1. Within 60 days after the date of accepting a case, the judge assigned to preside over the court
hearing shall issue one of the following decisions:
a/ To suspend the appellate trial of the case;
b/To terminate the appellate trial of the case;
c/ To bring the case to appellate trial.
2. For complicated cases or due to an objective obstacle, the president of the appellate court may
decide to prolong the trial preparation time limit specified in Clause 1 of this Article, but for not
more than 30 days.
3. Within 30 days after the date of issuance of the decision to bring the case to trial, the court
shall open an appellate court hearing; in case of a plausible reason, this time limit is 60 days.
4. The decision to bring the case to appellate trial must be forwarded to the same-level procuracy
and persons related to the appeal or protest.
Article 192. Composition of appellate trial panel
An appellate trial panel consists of three judges.
Article 193. Presence of appellate trial panel members and court clerks
1. A court hearing may be conducted only when it is attended by all the members of the trial
panel and the court clerk.
2. In case the judge is absent or cannot continue participating in the trial but there is an alternate
judge who attends the court hearing from the beginning, this person may replace the absent judge
to participate in the trial of the case.
3. If there is no alternate judge to replace a member of the trial panel under Clause 2 of this
Article, the court hearing must be postponed.
4. In case the court clerk is absent or cannot continue participating in the trial without a
replacement, the court hearing must be postponed.
Article 194. Presence of procurator
1. The procurator who is assigned by the director of the same-level procuracy has the duty to
participate in the court hearing. If he/she is absent, the trial panel shall decide to postpone the
court hearing and inform the director of the same-level procuracy, except the case stated in
Clause 2 of this Article.
2. In case the procurator is absent or cannot continue participating in the trial but there is an
alternate procurator who attends the court hearing from the beginning, this person may replace
the absent judge to participate in the trial of the case.
Article 195. Presence of involved parties, defense counsels of the rights and legitimate
interests of involved parties, experts, interpreters and witnesses
1. Upon the first valid summon of the court, the appellant, persons with interests and obligations
related to the appeal or protest and the defense counsels of their rights and legitimate interests
must be present; in case any of them is absent, the trial panel shall postpone the court hearing.
The court shall inform the postponement of the court hearing to the appellant, persons with
interests and obligations related to the appeal or protest and the defense counsels of their rights
and legitimate interests.
2. Upon the valid second summon of the court, the appellant, persons with interests and
obligations related to the appeal or protest and the defense counsels of their rights and legitimate
interests must be present; in case any of them is absent for a non-force majeure event, the court
shall handle as follows:
a/ If the appellant is absent without a representative participating in the court hearing, he/she
shall be regarded as having waived his/ her appeal and the court shall issue a decision to
terminate the appellate trial of the first-instance court's judgment or ruling or parts thereof which
is/are appealed against by the absent appellant;
b/ If the persons with interests and obligations related to the appeal or protest and the defense
counsels of their rights and legitimate interests are absent, the court shall still conduct the trial in
their absence.
3. The. presence of witnesses, experts and interpreters in an appellate court hearing complies
with Articles 133, 134 and 135 of this Law.
4. In case a procedure participant makes a written request to the court to conduct the trial in
his/her absence, the court shall conduct the appellate court hearing in his/her absence.
Article 196. Cases in which the appellate trial panel is not required to open a hearing or
summon involved parties
1. The appellate trial panel is not required to open a hearing in the following cases:
a/ Examining an overdue appeal or protest;
b/ Examining an appeal or a protest about court fee;
c/ Examining an appeal or a protest against a ruling of the first-instance court.
2. In the cases stated in Clause 1 of this Article, the trial panel is not required to summon
involved parties, unless it is necessary to hear their opinions.
Article 197. Suspension of appellate trial
The appellate court shall issue a decision to suspend the appellate trial of a case; the
consequences of suspension of the appellate trial of a case and the resumption of appellate (rial
comply with Articles 118 and 119 of this Law.
Article 198. Termination of appellate trial
1. The appellate court shall issue a decision to terminate the appellate trial of a case in the
following cases:
a/ Cases specified at Point a, Clause 1, Article 120 of this Law;
b/ The appellant withdraws the whole of his/ her appeal or the procuracy withdraws the whole of
its protest;
c/ The appellant is absent inspire of the valid second summon;
d/ Other cases provided by law.
2. In case the appellate court issues a decision to terminate the appellate trial of a case under
Point b, Clause 1 of this Article, the first-instance judgment or ruling will take legal effect on the
date of issuance of such decision.
Article 199. Decision to apply, change or cancel provisional urgent measure
During the settlement of a case, the appellate court may decide to apply, change or cancel
provisional urgent measures provided in Chapter V of this Law.
Article 200. Transfer of case files to procuracy for study
After accepting a case for appellate trial, the appellate court shall transfer the case file to the
same-level procuracy for study. Within 15 days after receiving the case file, the procuracy shall
return it to the court.
Article 201. Postponement of appellate court hearing
1. Cases in which an appeal court hearing must be postponed.
a/ Cases specified in Clause 2. Article 135; Clauses 5 and 4, Article 193; Clause 1, Article 194;
and Clause 1, Article 195, of this Law;
b/ A member of the trial panel, the procurator, the court clerk or the interpreter is changed
without an immediate replacement;
c/ The expert is changed;
d/ Additional documents and evidence need to be verified and collected but this cannot be done
right at the court hearing.
2. Cases in which the appellate court hearing must be postponed are specified in Clause 1,
Article 133 and Clause 2, Article 134 of this Law.
3. The duration of postponement and the decision to postpone an appeal court hearing comply
with the provisions of Article 137 of this Law.
Article 202. Appellate trial procedures
1. Preparation for the opening of an appellate court hearing, procedures for commencing the
hearing, procedures for questioning, disclosure of documents, examination of material exhibits at
the hearing, argument at the hearing, judgment deliberation and pronouncement, modification
and supplementation of the appellate judgment shall be carried out like first-instance trial
procedures.
2. After concluding the procedures for commencing the appellate court hearing, a member of the
appellate trial panel shall announce the content of the case, the first-instance judgment's rulings
and the content of the appeal or protest.
3. The questioning of the involved parties .and procurator about the modification,
supplementation or withdrawal of the appeal or protest at the hearing shall be carried out by the
presiding judge of the hearing as follows: ask the plaintiff whether he/she withdraws his/her
lawsuit petition; ask the appellant or procurator whether he/she modifies, supplements or
withdraws his/her appeal or protest.
4. If the procuracy makes a protest, the procurator shall present the procuracy's protest views on
the protested first-instance judgment's rulings.
Article 203. Plaintiffs withdraw lawsuit petitions before the opening of or during appellant
court hearings
1. If the plaintiff withdraws his/her lawsuit petition before the opening of or during the appellate
court hearing, the appellate trial panel shall ask the defendant whether he/she agrees or disagrees
therewith and may handle on a case-by-case basis as follows:
a/ It shall disapprove the withdrawal of the lawsuit petition by the plaintiff if the defendant
disagrees,
b/ It shall approve the withdrawal of the lawsuit petition by the plaintiff if the defendant agrees.
The appellate trial panel shall issue a decision to cancel the first-instance judgment and terminate
the settlement of the case. In this case, the involved parties shall still bear the first-instance court
fee as decided by the first-instance court and half of the appellate court fee as provided by law.
2. In case the appellate trial panel issues a decision to terminate the settlement of the case, the
plaintiff is entitled to re-institute the case according to the procedures provided by this Law, if
the statute of limitations for instituting a lawsuit has not yet expired.
Article 204. Hearing of presentations of involved parties, procurators at appellate court
hearings .
1. In case an involved party still retains his/ her appeal or the procuracy maintains its protest, the
appellate trial panel shall commence the trial by listening to the presentations of the involved
party or procurator in the following order:
a/ The defense counsel of the rights and legitimate interests of the appellant presents the content
of the appeal and grounds therefore. The appellant may give additional opinions.
In case all the involved parties appeal, the presentations shall be made in the following order: the
defense counsel of the rights and legitimate interests of the appellant being the plaintiff and the
plaintiff; the defense counsel of the rights and legitimate interests of the appellant being the
defendant and the defendant; the defense counsel of the rights and legitimate interests of the
person with related rights and obligations and the person with related rights and obligations.
In case only the procuracy protests, the procurator shall presents the content of the protest and
grounds therefore; in case there are both appeal and protest, the involved parties shall present the
contents of their appeals and the grounds therefore first, then the procurator shall present the
content of the protest and grounds therefore;
b/ The defense counsel of the rights and legitimate interests of other involved parties related to
the appeal or protest present opinions on the content of the appeal or protest. These parties may
give additional opinions.
2. In case the involved parties have no defense counsel, they shall themselves present their
opinions on the content of the appeal or protest and their proposals.
3. After the procedure participants present their opinions and replies, the procurator shall present
the procuracy's opinions on the law observance in the process of settling the administrative case
at the appellate stage.
Article 205. Jurisdiction of appellate trial panel
1. To reject the appeal or protest and uphold the first-instance judgment's rulings;
2. To modify part or the whole of the first-instance judgment if the first-in stance court made an
unlawful decision in the following cases:
a/ The proving and collection of evidence was adequately carried out in accordance with the
provisions of Chapter VI of this Law;
b/ The proving and collection of evidence was not adequately carried out at the first-instance
level but evidence has been sufficiently added at the appellate court hearing.
3. To cancel the first-instance judgment and return the case file to the first-instance court for
retrial in case there is a serious violation of procedures or new important evidence which the
appellant court cannot supplement.
4. To cancel the first-in stance judgment and terminate the settlement of the case if any of the
cases specified in Clause 1, Article 120 of this Law arises in the process of first-instance trial.
5. To terminate the settlement of the case according to appellate procedures if the appellate trial
must be conducted in the presence of the appellant but the appellant is absent though having been
validly summoned twice. In this case the first-instance judgment will take legal effect.
Article 206. Appellate judgment
1. The appellate trial panel shall render an appellate judgment in the name of the Socialist
Republic of Vietnam.
2. An appellate judgment contains an introductory part, a part on the case content and reasoning
of the court and a part on the ruling.
3. In the introductory part must be stated the name of the appellate court; the serial number and
date of acceptance of the case; the serial number of the judgment and the date of judgment
pronouncement; full names of the members of the trial panel, court clerk and procurator; full
names and addresses of the plaintiff, defendant and persons with related rights and obligations;
representatives or defense counsels of their rights and legitimate interests; the appellant or
protesting procuracy; and other procedure participants; serial number and date of the decision to
bring the case to trial; public or behind-closed-doors trial; and time and venue of trial.
4. In the part on the case content, the appeal or protest and reasoning of the court must be stated
the summarized content of the case and ruling of the first-instance court; content of the appeal or
protest; reasoning of the appellate trial panel; specific points, clauses and articles of the legal
normative documents on which the appellate trial panel has based to settle the case.
In the part on the reasoning of the appellate trial panel must be presented an analysis of the
grounds for accepting or rejecting the appeal or protest.
5. In the ruling part must be clearly stated the appellate trial panel's decisions on each specific
matter to be settled in the case due to the filing of the appeal or protest, and on the payment of
the first-instance court fee and appellate court fee.
6. The appellate judgment takes legal effect on the date it is pronounced.
Article 207. Appellate procedures for rulings of first-instance courts which are appealed or
protested against
1. Within 15 days after receiving an appeal or a protest, the appellate court shall hold a session
and issue a decision on the settlement of the appeal or protest.
2. A member of the appellate trial panel who has examined the appealed or protested ruling shall
briefly present the content of the appealed or protested first-instance ruling, content of the appeal
or protest and enclosed documents and evidence (if any).
3. The procurator of the same-level procuracy shall participate in the appellate session and
present opinions on the settlement of the appeal or protest before the appellate trial panel makes
decision.
4. When examining the first-instance court's ruling which is appealed or protested against, the
appellate trial panel has the power to:
a/ Uphold the ruling;
b/ Amend the ruling;
c/ Cancel the ruling and return the case file to the first-instance court for continued settlement of
the case.
5. The appellate decision takes legal effect on the date it is issued.
Article 208. Sending of appellate judgments and rulings
Within 30 days after the dale of issuing an appellate judgment or ruling, the appellate court shall
send it to the involved parties, the court and procuracy which have conducted the first-instance
trial, the same-level procuracy, the competent civil judgment enforcement agency and the
immediate superior agency of the defendant.
Chapter XIII
CASSATION PROCEDURES
Article 209. Nature of cassation
Cassation means the review of a legally effective court judgment or ruling which is protested
against as a serious law violation in the settlement of (he case is detected.
Article 210. Grounds for protest according to cassation procedures
A legally effective court judgment or ruling may be protested against according to cassation
procedures when there is any of the following grounds:
1. There is a serious violation in proceedings;
2. The judgment's ruling or the ruling is incompatible with the objective details of the case;
3. There is a serious error in the application of law.
Article 211. Detection of legally effective judgments or rulings which need to be reviewed
according to cassation procedures
1. Within 1 year from the date a court judgment or ruling takes legal effect, if detecting a law
violation in such judgment or ruling, the involved parties may make a written request to a person
competent to protest as defined in Article 212 of this Law to consider making a protest according
to cassation procedures.
2. In case a court, a procuracy, an individual or another agency or organization detects a law
violation in a legally effective court judgment or ruling, it/he/she shall notify such violation in
writing to a person competent to protest as defined in Article 212 of this Law.
3. The Supreme People's Court and the Supreme People's Procuracy shall guide procedures for
receiving and processing written requests for protest according to cassation procedures.
Article 212. Persons with the right to protest according to cassation procedures
1. The President of the Supreme People's Court and the Director of the Supreme People's
Procuracy have the right to protest according to cassation procedures against legally effective
judgments or rulings of the courts of all levels, except decisions of the Judges' Council of the
Supreme People's Court.
2. The presidents of provincial-level courts and the directors of provincial-level procuracies have
the right to protest according to cassation procedures against legally effective judgments or
rulings of district-level courts.
Article 213. Postponement or suspension of execution of legally effective judgments or
rulings.
1. Persons who have the right to protest against legally effective court judgments or rulings may
postpone the execution of judgments or rulings in order to consider making a protest according
to cassation procedures. The postponement duration must not exceed 3 months.
For a civil ruling in an administrative judgment or ruling, a person have the right to protest may
request the civil judgment enforcement agency to postpone the enforcement in accordance with
the civil judgment enforcement law.
2. A person who has made a protest according to cassation procedures against a legally effective
judgment or ruling may decide to suspend the execution of such judgment or ruling until the
cassation decision is issued.
Article 214. Decision to protest according to cassation procedures
A decision to protest according to cassation procedures must contain the following principal
details:
1. Serial number and date of the protest decision;
2. Position of the protest decision issuer;
3. Serial number and date of the legally effective judgment or ruling protested against;
4. Rulings of the legally effective judgment or ruling protested against;
5. Comments and analysis of the violations or errors of the legally effective judgment or ruling
protested against;
6. Legal grounds for making the protest decision;
7. Decision to protest part or the whole of the legally effective judgment or ruling;
8. Name of the court that is competent to conduct cassation review of the case;
9. Proposals of the protesting person.
Article 215. Time limit for protest according to cassation procedures
1. Persons having the right to protest according to cassation procedures may only make their
protests within 2 years after the date the court judgment or ruling takes legal effect, except the
case specified in Clause 2 of this Article.
2. In case the involved party has made a written request for protest according to cassation
procedures within the time limit specified in Clause 1, Article 211 of this Law but the person
having the right to protest only detects a serious law violation in the legally effective court
judgment or ruling after the time limit for protest expires, the time limit for making protests
according to cassation procedures applicable to persons having such right will not depend on that
specified in Clause 1 of this Article.
3. The time limit for protesting civil rulings in a court judgment or ruling complies with the civil
procedure law.
Article 216. Sending of decisions to protest according to cassation procedures
1. A decision to protest according to cassation procedures must be immediately sent to the court
that has issued the legally effective judgment or ruling protested against, the involved parties, the
competent civil judgment enforcement agency and persons with rights and obligations related to
the protested contents.
2. In case the President of the Supreme People's Court or the president of a provincial- level
court protests, the protest decision and the case file must be immediately sent to the same-level
procuracy. The procuracy shall study the case file within 15 days after the date of receiving it;
upon the expiration of such time limit, the procuracy shall transfer the case file to the court
competent to review the case according to cassation procedures.
3. In case the Director of the Supreme People's Procuracy or the director of a provincial-level
procuracy protests, the protest decision must be immediately sent to the court competent to
review the case according to cassation procedures.
Article 217. Modification, supplementation, withdrawal of protests
1. The person who has protested according to cassation procedures may modify or supplement
the protest decision if the protest time limit specified in Article 215 of this Law has not yet
expired.
2. Before the opening of or during a court hearing, the person who has protested may withdraw
his/her protest. The withdrawal of the protest prior to the opening of a court hearing must be
recorded in a document for sending under Article 216 of this Law. The withdrawal of the protest
during a court hearing shall be recorded in the hearing's minutes and the cassation panel shall
issue a decision to terminate the cassation trial.
Article 218. Composition of cassation panel
1. The cassation panel of a provincial-level court is the judges' committee of the provincial-level
court; at least two-thirds of the total members shall participate in reviewing a legally effective
judgment or ruling according to cassation procedures; the president of the provincial-level court
shall preside over the cassation hearing.
2. The cassation panel of the Administrative Tribunal of the Supreme People's Court consists of
three judges of the Supreme People's Court; all three judges shall participate in reviewing a
legally effective judgment or ruling according to cassation procedures; the president of the
Administrative Tribunal of the Supreme People's Court shall assign a judge to preside over the
cassation hearing.
3. The cassation panel of the Supreme People's Court is the Judges' Council of the Supreme
People's Court; at least two-thirds of the total members shall participate in reviewing a legally
effective judgment or ruling according to cassation procedures; the President of the Supreme
People's Court shall preside over the cassation hearing.
Article 219. Cassation jurisdiction
1. The judges' committee of the provincial-level court shall review according to cassation
procedures cases in which legally effective judgments and rulings of district-level courts are
protested against.
2. The Administrative Tribunal of the Supreme People's Court shall review according to
cassation procedures cases in which legally effective judgments or rulings of provincial-level
courts are protested against.
3. The Judges' Council of the Supreme People's Court shall review according to cassation
procedures legally effective judgments and rulings of appellate courts or the Administrative
Tribunal of the Supreme People's Court which are protested against.
4. When the legally effective judgments or rulings on a single administrative case which fall
under the jurisdiction of the courts of different levels are protested against, the competent
superior court shall review the whole case according to cassation procedures.
Article 220. Participants in cassation hearings
1. A cassation hearing must be participated by the same-level procuracy.
2. When seeing it necessary, the court may summon persons who have participated in procedures
and other persons related to the protest to participate in cassation hearings.
Article 221. Time limit for opening cassation hearings
Within 2 months after the date of receiving the protest and case file, the court competent to
review the case according to cassation procedures shall open a hearing to review the case
according to cassation procedures.
Article 222. Preparations for cassation hearings
The president of a court or the President of the Administrative Tribunal of the Supreme People's
Court shall assign a judge to prepare a written presentation on the case at the court hearing. The
presentation must summarize the case content and the judgments and rulings of the courts of
different levels, and the content of the protest. The presentation document must be sent to
members of the cassation panel at least 7 working days before the opening of the cassation
hearing.
Article 223. Proceedings at cassation hearings
1. After the presiding judge opens the hearing, a member of the cassation panel shall present the
content of the case; the case settlement process; rulings of the legally effective court judgment or
ruling protested against, grounds for and reasoning in the protest and proposals of the protesting
person.
2. In case procedure participants arc summoned by the court, these persons may present their
opinions on the protest decision.
The representative of the procuracy expresses the procuracy's opinions on the protest decision.
3. Members of the cassation panel shall discuss and express their opinions on the settlement of
the case. The representative of the procuracy shall present the procuracy's opinions on the
settlement of the case.
4. The cassation panel shall vote on the settlement of the case.
The cassation decision of the judges' committee of the provincial-level people's court or the
cassation panel of the Administrative Tribunal of the Supreme People's Court must be voted for
by more than half of the total number of its members.
The judges' committee of the provincial-level court, the cassation panel of the Administrative
Tribunal of the Supreme People's Court or the Judges' Council of the Supreme People's Court
shall vote in' the order of voting for and then against the protest and other opinions', if no issue is
voted for by more than half of the total number of members of the judges' committee of the
provincial-level court, the cassation panel of the Administrative Tribunal of the Supreme
People's Court or the Judges' Council of the Supreme People's Court, the court hearing shall be
postponed. Within 30 days after the date of issuing the decision to postpone the court hearing,
the judges committee of the provincial-level court, the cassation panel of the Administrative
Tribunal of the Supreme People's Court or the Judges' Council of the Supreme People's Court
shall retry the case with the participation of all members.
Article 224. Scope of cassation
1. The cassation panel shall only review parts of the legally effective judgment or ruling
protested against or related to the review of the protested contents.
2. The cassation panel may review parts of the legally effective judgment or ruling which is
neither protested nor related to the review of the protested against contents, if these parts infringe
upon the interests of the State, or the interests of a third party other than the involved parties in
the case.
Article 225. Jurisdiction of cassation panel
1. To reject the protest and uphold the legally effective judgment or ruling.
2. To cancel the legally effective judgment or ruling protested against and uphold the lawful
judgment or ruling of a subordinate court which has been cancelled or amended;
3. To cancel the legally effective judgment or ruling protested against for retrial according to
first-instance or appellate procedures;
4. To cancel the judgment or ruling of the court which has tried the case and terminate the
settlement thereof.
Article 226. Cancellation of legally effective judgments or rulings which are protested
against and upholding of lawful judgments or rulings of subordinate courts which have
been cancelled or amended.
The cassation panel shall issue a decision to cancel the legally effective judgment or ruling
protested against and uphold the judgment or ruling of a subordinate court which conducted the
trial lawfully which is cancelled or partially or wholly amended by the legally effective judgment
or ruling protested against.
Article 227. Cancellation of legally effective judgments or rulings which are protested
against for re-trial according to first-instance or appellate procedures
The cassation panel shall issue a decision to cancel the legally effective judgment or ruling
protested against for retrial according to first-instance or appellate procedures in the following
cases:
1. The collection of evidence and proving have been carried out inadequately or in contravention
of the provisions of Chapter VI of this Law;
2. The conclusions in the judgment or ruling do not conform to the objective details of the case
or mere is a serious error in the application of law;
3. The composition of the first-instance or appellate trial panel fails to comply with the
provisions of this Law or there is another serious violation of procedural law.
Article 228. Cancellation of judgments or rulings of courts which have settled the cases and
termination of the settlement of the cases
The cassation panel shall issue a decision to cancel the judgment or ruling of the court which has
settled the case and terminate the settlement of the case if, in the course of first-instance or
appellate trial, there arises a case specified in Clause 1, Article 120 of this Law. The cassation
court shall deliver the case file back to the court which has conducted the first-instance trial for
returning the lawsuit petition together with enclosed documents and evidence to the plaintiff, if
so requested.
Article 229. Cassation decision
1. The cassation panel shall issue a cassation decision in the name of the Socialist Republic of
Vietnam.
2. A cassation decision must contain the following details:
a/ Date and venue of the court hearing;
b/ Full names of members of the cassation panel. In case the cassation panel is the judges'
committee of the provincial-level people's court or the Judges' Council of the Supreme People's
Court, the full name and position of the presiding judge and the number of members participating
in the hearing shall be specified;
c/ Full names of the court clerk and the procurator participating in the court hearing;
d/ Name of the case brought to cassation trial by the panel;
e/ Full names and addresses of the involved parties in the case;
f/ Summary of the content of the case, rulings of the legally effective judgment or ruling
protested against;
g/ Protest decision; reason for making the protest;
h/ Reasoning of the cassation panel, including an analysis of the grounds for accepting or
rejecting the protest;
i/ Points, clauses and articles of the Civil Procedure Code which the cassation panel refers to in
making its decision;
j/ Decision of the cassation panel.
Article 230. Effect of cassation decision
A cassation decision takes legal effect on the date of its issuance by the cassation panel.
Article 231. Sending of cassation decision
Within 30 working days counting from the date of issuance of a cassation decision, the cassation
panel shall send it to:
1. The involved parties;
2. The court which has rendered the legally effective judgment or ruling protested against;
3. The same-level procuracy and the procuracy competent to supervise judgment execution;
4. The competent civil judgment enforcement agency;
5. The immediate superior agency of the defendant.
Chapter XIV
REOPENING PROCEDURES
Article 232. Nature of reopening
Reopening means the review of a legally effective judgment or ruling which is protested against
due to the appearance of newly discovered details which may substantially change the content of
the judgment or ruling and which were unknown to the court and the involved parties when the
court rendered such judgment or ruling.
Article 233. Grounds for protest according to reopening procedures
A legally effective judgment or ruling shall be protested against according to reopening
procedures when there is one of the following grounds:
1. Important details of the case are newly discovered, which the court and involved parties could
not know in the course of settlement of the case;
2. There are grounds to prove that the conclusions of the expert and translations of interpreter
were untruthful or evidence is forged;
3. The judge, people's jurors or procurator intentionally distorted the case file or deliberately
made unlawful conclusions;
4. The judgment or ruling of a court or decision of a state agency on which the court based itself
to settle the case has been canceled.
Article 234. Notice and verification of newly discovered details
1. The involved parties or other individuals, agencies or organizations may, when discovering
new details of the case, may send a written request to a person having the right to protest defined
in Article 235 of this Law for considering making a protest according to reopening procedures.
2. If discovering new details of a case, the procuracy or the court shall notify them in writing to
the persons having the right to protest defined in Article 235 of this Law.
Article 235. Persons having the right to protest according to reopening procedures
1. The President of the Supreme People's Court and the Director of the Supreme People's
Procurac.y have the right to protest according to reopening procedures against legally effective
judgments or rulings of courts of all levels, except decisions of the Judges' Council of the
Supreme People's Court.
2. The president of a provincial-level court and the director of a provincial-level procuracy have
the right to protest against legally effective judgments or rulings of district-level courts.
3. The person who has protested against a legally effective judgment or ruling may suspend the
execution of such judgment or ruling until a reopening decision is made.
Article 236. Time limit for protest according to reopening procedures
The time limit for protest according to reopening procedures is one year counting from the date a
person having the right to protest becomes aware of a ground for protest according to reopening
procedures specified in Article 233 of this Law.
Article 237. Jurisdiction of reopening panel
1. To reject the protest and uphold the legally effective judgment or ruling;
2. To cancel the legally effective judgment or ruling for retrial according to first-in stance
procedures provided by this Law.
3. To cancel the judgment or ruling of the court which has tried the cases and terminate the
settlement of the case.
Article 238. Application of provisions on reopening procedures
Other provisions on reopening procedures are as the same as relevant provisions on cassation
procedures in this Law.
Chapter XV
SPECIAL PROCEDURES FOR REVIEWING DECISIONS OF THE JUDGES'
COUNCIL OF THE SUPREME PEOPLE'S COURT
Article 239. Requests, recommendations and proposals for reviewing decisions of the
Judges' Council of the Supreme People's Court
1. When there is a ground for ascertaining that there is a serious law violation or a newly
discovered important detail which might substantially change the content of a decision of the
Judges' Council of the Supreme People's Court, which were unknown to the Judges' Council of
the Supreme People's Court and involved parties when such decision was issued, such decision
shall be reviewed in any of the following cases:
a/ It is requested by the National Assembly Standing Committee;
b/ It is recommended by the National Assembly's Law Committee;
c/ It is recommended by the Director of the Supreme People's Procuracy;
d/ It is proposed by the President of the Supreme People's Court.
2. If the National Assembly Standing Committee requests, the President of the Supreme People's
Court shall report it to the Judges' Council of the Supreme People's Court for reviewing the
decision of the Judges' Council of the Supreme People's Court.
3. If the National Assembly's Law Committee or the Director of the Supreme People's Procuracy
recommends or the President of the Supreme People's Court discovers a violation or new detail,
the President of the Supreme People's Court shall report it to the Judges' Council of the Supreme
People's Court for considering such request or recommendation.
If agreeing with the recommendation of the National Assembly's Law Committee or the Director
of the Supreme People's Procuracy or with the proposal of the President of the Supreme People's
Court, the Judges' Council of the Supreme People's Court shall issue a decision to assign the
President of the Supreme People's Court to study the case file and report to the Judges' Council
of the Supreme People's Court for consideration and decision. If the Judges' Council of the
Supreme People's Court disagrees with such recommendation or proposal, it shall issue a written
notice clearly stating the reason.
4. The meeting of the Judges' Council of the Supreme People's Court to consider the
recommendation or proposal mentioned in Clause 3 of this Article must be attended by the
Director of the Supreme People's Procuracy.
Article 240. Procedures and competence for reviewing decisions of the Judges' Council of
the Supreme People's Court
1. The President of the Supreme People's Court shall organize study of the case file, verify and
collect documents and evidence, and report to the Judges" Council of the Supreme People's
Court to review the decision of the Judges' Council of the Supreme People's Court within 4
months after receiving the request of the National Assembly Standing Committee mentioned in
Clause 2, Article 239 or receiving the decision of the Judges' Council of the Supreme People's
Court mentioned in Clause 3. Article 239 of this Law.
2. The meeting of the Judges' Council of the Supreme People's Court must be attended by the
Director of the Supreme People's Procuracy. If finding it necessary, the Supreme People's Court
may invite related persons, agencies and organizations to the meeting.
3. After listening to the report of the President of the Supreme People's Court, opinions of the
Director of the Supreme People's Procuracy and related persons, agencies and organizations (if
any) at the meeting, the Judges' Council of the Supreme People's Court may issue a decision to
cancel the decision of the Judges' Council of the Supreme People's Court that involves a serious
law violation or when there is a new important detail that substantially changes the content of
such decision: cancel the effective judgment or ruling of a subordinate court that involves a
serious law violation or when there is a new important detail that substantially changes the
content of such judgment or ruling, and depending on a case-by-case basis, make the following
decision:
a/ To reject the lawsuit claim, if it is not based on any legal grounds;
b/ To accept part or the whole of the lawsuit claim, cancel part or the whole of the administrative
decision which is illegal; to compel the state agency or competent person in the state agency to
perform its/his/her task or official duty in accordance with law;
c/ To accept part or the whole of the lawsuit claim, declare illegal some or all of administrative
acts concerned; to compel the state agency or competent person in the state agency to terminate
such illegal acts;
d/ To accept the lawsuit claim, cancel the disciplinary decision on dismissal which is illegal; to
compel the head of the agency or organization to perform his/her task or official duty in
accordance with law;
e/ To accept part or the whole of the lawsuit claim, cancel part or the whole of the decision on
settlement of the complaint about the decision on handling of a competition case which is illegal;
compel the agency or competent person that has issued the decision on settlement of the
complaint about the decision on handling of the competition case to resettle the case in
accordance with the Competition Law;
f/ To Identify compensation liabilities in the cases specified at Points b, c, d and e. Clause 3 of
this Article, compel agencies, organizations to pay damages and restore the rights and legitimate
interests of individuals, agencies and organizations which were infringed upon by the
administrative decision, administrative act, disciplinary decision on dismissal or decision on
handling of the competition case; to identify the compensation liability of the Supreme People's
Court for its decision which is cancelled for a serious law violation due to unintentional or
intentional fault and has damaged the involved party, or indemnify the liability to indemnify
asset value in accordance with law;
g/ To recommend a competent state agency or the head of a competent state agency to consider
the liability of the state agency or competent person in the state agency in case of intentional law
violation causing serious consequences to individuals, agencies and organizations.
4. The decision of the Judges' Council of the Supreme People's Court must be voted for by at
least three-quarters of total members of the Council.
5. The Supreme People's Court shall assume the prime responsibility for, and coordinate with the
Supreme People's Court in, guiding the implementation of this Article.
Chapter XVI
PROCEDURES FOR EXECUTING COURT JUDGMENTS OR RULINGS ON
ADMINISTRATIVE CASES
Article 241. Court judgments or rulings on administrative cases to be executed
1. Legally effective judgments or rulings or parts thereof of the first-instance court which are not
appealed or protested against according to appellate procedures.
2. Judgments or rulings of the appellate court.
3. Cassation decisions or reopening decisions of the court.
4. Decisions issued according to special procedures of the Judges' Council of the Supreme
People's Court under Article 240 of this Law.
5. Decisions of the court to apply provisional urgent measures though they may be appealed or
protested against.
Article 242. Explanation of court judgment and ruling
1. The person in favor of whom a judgment is executed. the person obliged to execute a
judgment, persons with rights and obligations related to the execution of a court judgment or
ruling and the civil judgment enforcement agency have the right to request in writing the court
which has issued the judgment or ruling specified in Clause 1, 2, 3 or 4, Article 241 of this Law
to explain unclear points in the judgment or ruling for execution.
2. The presiding judge of the court hearing or session shall explain the judgment or ruling of the
court. In case he/she no longer works as judge of the court, the president of such court shall
explain the judgment or ruling.
3. Explanation of a court judgment or ruling must be based on the judgment or ruling, minutes of
the court hearing or session and minutes of deliberation.
4. Within 15 days after the date of receiving a written request, the court shall issue a written
explanation and send it to the individuals, agencies and organizations that ere provided or
delivered the judgment or ruling under this Law.
Article 243. Execution of court judgment and ruling
1. A court judgment or ruling on an administrative case specified in Article 241 of this Law shall
be executed as follows:
a/ If it rejects the lawsuit petition concerning an administrative decision, disciplinary decision on
dismissal, decision on settlement of a complaint about the decision on handling of a competition
case or voter list, (he involved parties shall continue implementing such decision in accordance
with law;
b/ If it cancels the whole or part of an administrative decision, decision on settlement of a
complaint about the decision on handling of a competition case, the decision or part of the
decision which is cancelled will no longer be effective. The involved parties shall execute the
judgment or ruling based on the rights and obligations already identified therein;
c/ If it cancels the disciplinary decision on dismissal, this decision will no longer be effective.
Within 10 days after receiving the judgment or ruling, the head of the agency or organization
having issued such disciplinary decision shall execute the judgments ruling;
d/ If it declares illegal the administrative act taken, the person obliged to execute the judgment
shall terminate such administrative act on the date of receiving the judgment or ruling;
e/ If it declares illegal the act of non-performing a task or an official duty, the person obliged to
execute such judgment shall perform the task or official duty in accordance with law on the date
of receiving the judgment or ruling;
f/ If it compels the voter list-making agency to modify or supplement the voter list, the person
obliged to execute the judgment shall immediately modify or supplement the list upon receiving
the judgment or ruling;
g/ If the court issues a decision on application of provisional urgent measures, the person to
whom such measures are applied shall immediately implement such decision upon receiving it;
h/ Rulings on assets in the judgment, or ruling shall be executed in accordance with the civil
judgment enforcement law.
2. The person obliged to execute a judgment shall report in writing on the result of execution to
the civil judgment enforcement agency of the same level with the court which has conducted
first-instance trial of the case.
Article 244. Request for execution of court judgment or ruling
1. In case the person obliged to execute a judgment fails to execute the judgment, the person in
favor of whom the judgment is executed may request the person obliged to execute the judgment
to immediately execute the. court judgment or ruling specified at Point f or g, Clause 1, Article
243 of this Law.
2. After 30 days counting from the date of receiving a legally effective court judgment or ruling
or upon the expiration of the time limit for executing a court judgment or ruling, if the person
obliged to execute a judgment fails to execute the judgment, the person in favor of" whom the
judgment is executed may request in writing person obliged to execute the judgment to execute
the court judgment or ruling under Point b, c, d or e. Clause 1, Article 243 of this Law.
3. If the person obliged to execute a judgment fails to execute the court judgment or ruling,
within 15 days after the date of making a written request under Clause 2 of this Article, the
person in favor of whom the judgment is executed may send a written request to the civil
judgment enforcement agency of the place in which the court which has conducted the first-
instance trial is located to urge the execution of the judgment or ruling. Upon receiving such
request, the civil judgment enforcement agency shall urge the person concerned to execute the
judgment and advise in writing the immediate superior agency of such person to direct the
execution and the same-level procuracy to supervise the execution.
4. Upon receiving the written request of the person in favor of whom a judgment is executed for
urging the judgment execution under Clause 3 of this Article, the civil judgment enforcement
agency shall open a book to monitor and manage the execution for such person. The person in
favor of whom a judgment is executed shall provide the civil judgment enforcement agency a
copy of the court judgment or ruling and other related documents to prove that though having
received a valid written request, the person obliged to execute a judgment still deliberately fails
to execute the judgment.
Within 5 working days after receiving a written request of the person in favor of whom a
judgment is executed for urging the judgment execution, the civil judgment enforcement agency
shall issue a document urging the person obliged to execute a judgment to execute the court
judgment or ruling strictly according to its content.
Article 245. Responsibilities for complying with requests for judgment execution
1. Within 30 days after receiving a document of the civil judgment enforcement agency urging
the execution of the court judgment or ruling, the person obliged to execute a judgment shall
inform in writing his/her execution to the civil judgment enforcement agency.
2. Upon the expiration of the time limit specified in Clause 1 of this Article, if the person obliged
to execute a judgment fails to execute the judgment or does not inform the result of execution,
the civil judgment enforcement agency shall notify in writing the immediate superior agency of
such person thereof for examination and direction of the judgment execution and handling
his/her liability under law. and at the same time send a notice to the civil judgment enforcement
management agency or the immediate superior civil judgment enforcement management agency
for monitoring and assistance to the immediate superior agency of such person in directing the
execution.
3. Within 30 days after receiving the written notice of the judgment enforcement agency
specified in Clause 2 of this Article, the immediate superior agency of the person obliged to
execute a judgment shall examine and direct the judgment execution in accordance with law and
notify the judgment enforcement agency thereof.
Article 246. Stale management of execution of administrative judgment
1. The Government shall perform the unified state management of the execution of
administrative judgments nationwide; coordinate with the Supreme People's Court and the
Supreme People's Procuracy in the state management of the execution of administrative
judgments; and annually report to the National Assembly on the execution of administrative
judgments.
2. The Ministry of Justice shall take responsibility before the Government for performing the
state management of the execution of administrative judgments, and has the following tasks and
powers:
a/ Promulgating or submitting to competent agencies for promulgation legal documents on
execution of administrative judgments;
b/ Assuring sufficient personnel, physical foundations and equipment for the state management
of the execution of administrative judgments;
c/ Guiding, directing and providing professional training in the management of the execution of
administrative judgment; disseminating and educating about the law on execution of
administrative judgments;
d/ Examining, inspecting and settling complaints and denunciations about the management of the
execution of administrative judgments;
e/ Reporting to the Government on the execution of administrative judgments;
f/ Making and implementing plans on statistics, monitoring and review of the execution of
administrative judgments.
3. The civil judgment enforcement management agency and the civil judgment enforcement
agency under the Ministry of Justice shall assist the Minister of Justice in performing the state
management of the execution of administrative judgments and performs the tasks defined in this
Law and the Government's regulations.
Article 247. Handling of violations in the execution of administrative judgment
1. Agencies, organizations and individuals that are obliged execute court judgments or rulings
but intentionally fail to execute them shall, depending on a case-by-case basis, be
administratively sanctioned, disciplined or examined for penal liability.
2. Those who abuse their positions and powers to intentionally obstruct the judgment execution
shall, depending on a case-by-case basis, be administratively sanctioned, disciplined or examined
for penal liability; if causing damage, they shall pay compensations in accordance with law.
Article 248. Supervision of the execution of administrative judgment
The procuracies shall, within the scope of their tasks and powers, supervise the law observation
by the involved parties and individuals, agencies and organizations related to the execution of
court judgments or rulings in order to ensure the timely, full and lawful execution.
The procuracies have the right to recommend individuals, agencies and organizations obliged to
execute administrative judgments and immediate superior agencies and organizations of agencies
and organizations obliged to execute court judgments and ruling to take measures to organize the
serious execution of court judgments and rulings.
Chapter XVII
COMPLAINTS AND DENUNCIATIONS IN ADMINISTRATIVE PROCEDURES
Article 249. Decisions and acts in administrative procedures which may be complained
about
1. Individuals, agencies and organizations may complain about decisions or acts of
administrative procedure-conducting agencies or persons in administrative procedures when they
have grounds to believe that such decisions or acts are illegal or infringing upon their rights and
legitimate interests.
2. If being appealed or protested against, complained about or petitioned, first-instance,
appellate, cassation or reopening judgments or rulings of courts or other procedural decisions
issued by administrative procedure-conducting persons shall not be settled according to the
provisions of this Chapter but shall be settled according to the provisions of corresponding
chapters of this Law.
Article 250. Rights and obligations of complainant
1. The complainant has the following rights:
a/ To lodge a complaint by himself/herself or through a representative;
b/ To lodge a complaint at any stage of settlement of the case;
c/ To withdraw a complaint at any stage of settlement of the case;
d/ To receive a written reply on the acceptance of his/her complaint for settlement; to receive the
complaint settlement decision;
e/ To have his/her rights or legitimate interests restored; to receive damages in accordance with
law.
2. The complainant has the following obligations:
a/ To lodge a complaint with a person who is competent to settle it;
b/ To give truthful statements, provide information and documents to the person settling the
complaint; to take responsibility before law for the contents of their statements and provided
information and documents;
c/ To strictly abide by the complaint settlement decision which has taken legal effect.
Article 251. Rights and obligations of complained person
1. The complained person has the following rights:
a/ To produce evidence of the legality of his/ her decision or act in administrative procedures
which is complained about;
b/ To receive the complaint settlement decision concerning his/her decision or act in
administrative procedures.
2. The complained person has the following obligations:
a/ To explain his/her decision or act in administrative procedures being complained about;
provide relevant information or documents when so requested by competent agencies,
organizations or persons;
b/ To strictly abide by the complaint settlement decision which has taken legal effect;
c/ To compensate for damage or reimburse or remedy the consequences caused by his/her illegal
decisions or acts in administrative procedures as required by law.
Article 252. Statute of limitations for lodging a complaint
The statute of limitations for lodging a complaint is 15 days counting from the date the
complainant receives or knows about the procedural decision or act which he/she considers
illegal.
In case the complainant cannot exercise his/ her right to lodge a complaint within the time limit
stated in this Article because of a force majeure event or an objective obstacle, the duration in
which the force majeure event or objective obstacle exists shall not be counted into the statute of
limitations for complaint.
Article 253. Competence and time limit for settlement of complaints against procurators,
deputy directors or directors of procuracies
Complaints about procedural decisions or acts of procurators or deputy directors of procuracies
shall be settled by the directors of such procuracies within 15 days after receiving the complaints.
If disagreeing with the settlement results, the complainants may lodge their complaints with the
immediate superior procuracies. Within 15 days after receiving the complaints, the directors of
the immediate superior procuracies shall consider and settle them.
Complaints about procedural decisions or acts of the directors of procuracies shall be settled by
the directors of the immediate superior procuracies within 15 days after receiving the complaints.
Article 254. Competence and time limit for settlement of complaints against court clerks,
people's jurors, judges, vice presidents or presidents of courts
Complaints about procedural decisions or acts of court clerks, people's jurors, judges, or vice
presidents of courts shall be settled by the courts' presidents within 15 days after receiving the
complaints; if disagreeing with the settlement results, the complainants may lodge their
complaints with the immediate superior courts. Within 15 days after receiving the complaints,
the presidents of the immediate superior courts shall consider and settle them.
Complaints about procedural decisions or acts of presidents of courts shall be settled by the
presidents of the immediate superior courts within 15 days after receiving the complaints.
Complaint settlement decisions of presidents of courts must be sent to complainants and same-
level procuracies.
Article 255. Competence and time limit for settlement of complaints against experts
Complaints about acts of experts in administrative procedures shall be settled by the heads of the
expert-examination organizations which directly manage the experts within 15 days after
receiving the complaints; if disagreeing with the settlement results, the complainants may lodge
complaint with the heads of the immediate superior agencies managing the expert-examination
organizations. Within 15 days after receiving the complaints, the heads of the immediate superior
agencies shall consider and settle them.
Article 256. Persons with the right to denounce
Citizens may denounce to competent agencies, organizations or persons illegal acts of procedure-
conducting agences or persons which cause or threaten to cause damage to the State's interests or
rights and legitimate interests of citizens, agencies or organizations.
Article 257. Rights and obligations of denouncer
1. The denouncer has the following rights:
a/ To file his/her in writing or personally present the denunciation to a competent agency,
organization or individual;
b/ To request his/her full name, address and autograph be kept secret;
c/ To request the result of settlement of his/ her denunciation be informed to him/her;
d/ To request competent agencies, organizations or persons to protect him/her from intimidation,
repression or revenge.
2. The denouncer has the following obligations:
a/ To honestly present the content of his/her denunciation;
b/ To clearly state his/her full name and address;
c/ To take responsibility before law for untruthful denunciation.
Article 258. Rights and obligations of denounced person
1. The denounced person has the following rights:
a/ To be notified of the denunciation content;
b /To produce evidence that the denunciation content is untrue;
c/ To have his/her rights and legitimate interests that have been infringed upon restored; to have
his/her honor restored; and to receive compensation for the damage caused by the untrue
denunciation;
d/ To request competent agencies, organizations or persons to handle persons who gave
untruthful denunciations.
2. The denounced person has the following obligations:
a/ To explain his/her denounced act; to provide relevant information and documents when so
requested by competent agencies, organizations or persons;
b/ To strictly abide by the handling decision of the competent agency, organization or person;
c/ To pay damages, reimburse or remedy consequences caused by his/her illegal administrative
procedural acts as required by law.
Article 259. Competence and time limit for settlement of denunciations
1. Denunciations of illegal acts of a person competent to conduct procedures of a certain
competent agency shall be settled by the head of such agency.
In case the denounced person is the president, a vice president or a court or the director or a
deputy director of a procuracy, the president of the immediate superior court or the director of
the immediate superior procuracy shall settle the case.
The time limit for settlement of a denunciation is 60 days after accepting the denunciation; for
complicated cases, this time limit may be longer but must not exceed 90 days.
2. Denunciations of illegal acts which show criminal signs shall be settled according to the
provisions of the Criminal Procedure Code.
Article 260. Procedures for complaint and denunciation settlement
The procedures for settlement of complaints and denunciations comply with the provisions of
this Chapter and other legal provisions on complaints and denunciations which are not contrary
to the provisions of this Chapter.
Article 261. Responsibilities of persons competent to settle complaints or denunciations
1. Competent agencies, organizations or persons shall, within the scope of their tasks and
powers, receive and promptly and lawfully settle complaints or denunciations; to strictly handle
violators: apply necessary measures to prevent possible damage; to ensure strict execution of
settlement decisions and take responsibility before law for their decisions.
2. Those who are competent to settle complaints or denunciations but fail to settle them, show
irresponsibility in settling them or settle them illegally shall, depending on the nature and
seriousness of their violations, be disciplined or examined for penal liability; if causing damage,
they shall pay compensations according to law.
Article 262. Supervision of law observation in the settlement of complaints and
denunciations in administrative procedures
The procuracies shall supervise law-observance in the settlement of complaints and
denunciations in administrative procedures in accordance with law. The procuracies may request
or recommend the courts of the same and lower levels, responsible agencies, organizations and
persons to ensure that the settlement of complaints and denunciations is grounded and lawful.
Chapter XVIII
IMPLEMENTATION PROVISIONS
Article 263. Effect
1. This Law takes effect on July 1. 2011.
2. The May 21. 1996 Ordinance on Procedures for Settlement of Administrative Cases.
Ordinance No. 10/1998/PL-UBTVQH10, and Ordinance No. 29/2006/PL-UBTVQH11
Amending and Supplementing a Number of Articles of the Ordinance on Procedures for
Settlement of Administrative Cases cease to be effective on the effective date of this Law.
Article 264. To amend and supplement a number of articles of the Land Law
1. To amend and supplement Clause 2, Article 136 of the Land Law as follows:
"2. Disputes over land use rights to which the involved parties have no land use right certificates
or any of the papers specified in Clauses 1, and and 5. Article 50 of (his Law shall be settled as
follows:
a/ In case the chairperson of the People's Committee of the rural district, urban district, town or
provincial city has settled the dispute but one or all of the involved parties disagree(s) with such
decision, he/she/they may lodge a complaint with the chairperson of the People's Committee of
the province or centrally run city concerned for settlement or may initiate a lawsuit under the
Law on Administrative Procedures;
b/ In case the chairperson of the People's Committee of the province or centrally run city has
settled the dispute but one or all of the involved parties disagree(s) with the settlement decision,
he/she/they may lodge a complaint with the Minister of Natural Resources and Environment or
may initiate a lawsuit under the Law on Administrative Procedures."
2. To amend and supplement Article 138 of the Land Law as follows:
"Article 138. Complaints and denunciations concerning land-related administrative decisions or
acts
Land users may lodge complaints about land-related administrative decisions or acts.
The order and procedures for settlement of complaints about land-related administrative
decisions or acts comply with the law on complaints. The order and procedures for settlement of
lawsuits about land-related administrative decisions or acts compl with the provisions of the Law
on Administrative Procedures."
Article 265. Implementation detailing and guidance
The Government, the Supreme People's Court and the Supreme People's Procuracy shall, within
the ambit of their respective tasks and powers, detail and guide the articles and clauses assigned
in this Law; and guide other necessary provisions of this Law to meet state management
requirements.
This Law was passed on November 24,2010, by the XIIth National Assembly of the Socialist
Republic of Vietnam at its 8th Session.-
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong