ORDINANCE ON THE PROCEDURES FOR THE SETTLEMENT OF ADMINISTRATIVE CASES ORDINANCE ON THE PROCEDURES FOR THE SETTLEMENT OF ADMINISTRATIVE CASES To ensure the timely and lawful settlement of administrative cases in order to protect the legitimate rights and interests of individuals, State agencies and organizations, and contribute to raising the effectiveness of State management; Pursuant to Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam; In furtherance of the Resolution of the 8th session of the IXth National Assembly on legislative work to the end of its tenure; This Ordinance prescribes procedures for the settlement of administrative cases. Chapter I GENERAL PROVISIONS Article 1.- Individuals, State agencies and organizations have, under law, the right to initiate administrative lawsuits to request the Court to protect their legitimate rights and interests. Article 2.- Before filing a lawsuit, the individual, State agency and/or organization must send their complaints to the State agency or person that has made an administrative decision or taken an administrative action which, in the complainant�s view, contravenes the law; in case they disagree with the decision on the settlement of the complaints, they are entitled to petition the immediate higher level of the State agency that has issued the administrative decision or taken the administrative action, which, as prescribed by law, has the competence to settle the claims or they may initiate an administrative lawsuit at the competent Court. Article 3.- The person who initiates the administrative lawsuit may at the same time demand a compensation for their losses; in this case, the provisions of the civil legislation and civil proceedings legislation shall also apply to settle the claim for compensation. In the course of settling the administrative lawsuit, the Court shall create favorable conditions for the parties to negotiate a solution to the case. The person who initiates the lawsuit shall have the right to withdraw part or the whole content of the suit. The sued party shall have the right to amend or annul the protested administrative decision. Article 4.- 1. Administrative decisions defined in this Ordinance are the written decisions made by Ministries, ministerial-level agencies, agencies attached to the Government, the Office of the State President, the Office of the National Assembly, local State agencies, the People�s Courts and the People�s Procuracies at different levels, applicable to one or more specific persons regarding a concrete matter. 2. Administrative actions defined in this Ordinance are actions of fulfillment or non-fulfillment of public duties by State officials and employees. 3. Parties defined in this Ordinance are the suer, the defendant and the person(s) with related rights and obligations. The suer may be individual(s), State agency(ies) or organization(s) that think their legitimate rights and interests are infringed upon by the administrative decision(s) or administrative action(s) of a State agency, the Head of that State agency, State official(s) or employee(s) which prompt them to initiate an administrative lawsuit at the competent Court. The defendant may be the State agency(ies), Head of the State agency, State official(s) or employee(s) that has made the administrative decision(s) or taken the administrative action(s) which the suer thinks is contrary to law and infringe upon their legitimate rights and interests which prompt them to initiate the administrative lawsuit at the competent Court. The person(s) with related rights and obligations may be individual(s), State agency(ies) or organization(s) that has(have) their rights and obligations involved in the settlement of the administrative lawsuit initiated by the suer against the defendant. Article 5.- The suer must make a petition in accordance with the provisions in Article 30 of this Ordinance; provide copies of the administrative decision and the written reply of the State agency or person that has made such administrative decision or taken administrative action regarding the settlement of the petitions which the complainant deems contrary to law; provide other evidences for the protection of their rights and interests. The defendant has the obligation to provide the Court with copies of the legal documents and regulations as well as other papers which have served as basis for making such administrative decision or taking such administrative action. The person(s) with related rights and obligations shall have the right to participate in the proceedings either on the suer�s side or the defendant�s side or independently and be obliged to give evidences for the protection of his/her/their rights and interests. If necessary, the Court may check or collect evidences or request the parties, the concerned individuals, State agencies or organizations to provide documents and evidences so as to ensure a correct settlement of the administrative lawsuit. The requested parties, individuals, State agencies or organizations shall have to provide fully and in time the requested documents and evidences to the Court. If they are unable to do so, they must reply in writing and clearly state the reasons. Article 6.- The parties are equal in their rights and obligations in the process of the settlement of the administrative case. The parties may authorize in writing their counsels or other persons to participate on their behalf in the proceedings. They may themselves or assign the counsels or other persons to protect their legitimate rights and interests. Article 7.- The trial of administrative cases shall be conducted publicly, except where it is necessary to keep State secrets or secrets of the parties at their legitimate request. For administrative cases with clear contents and adequate evidences acknowledged by parties whose participation at the court sessions is not required, the Court may conduct the trial without the presence of the parties and other persons involved in the proceedings. The spoken and written language used in the settlement of administrative cases are Vietnamese. Participants in the proceedings may use the spoken and written language of their own nationalities. Article 8.- If a judgement or ruling of the Court which has taken legal effect is found to be incorrect, the Prime Minister shall have the right to ask the President of the Supreme People�s Court and the Chairman of the Supreme People�s Procuracy to revise and settle the case within their competence and then report to the Prime Minister within 30 days. Article 9.- The judgement or ruling of the Court on an administrative case which has taken legal effect must be honored by the State agencies, organizations and people. The individual, State agency or organization subjected to the Court�s judgement or ruling on an administrative case must strictly execute it. The State agency authorized to enforce the Court�s judgement or ruling on an administrative case must strictly perform the task and take responsibility before law for its performance. Article 10.- The People�s Procuracy shall supervise the law observance in the course of settling the administrative case in accordance with the Law on Organization of the People�s Procuracy and this Ordinance. Chapter II THE COURT�S JURISDICTION Article 11.- The Court has competence to try the following administrative cases: 1. Protests against decisions to impose fines against administrative violations or to apply measures for the compulsory dismantlement of the illegally-built dwelling houses, projects or firmly-structured objects; 2. Protests against the decisions to apply administrative measures in the form of re-education at communes, wards or townships, putting into re-education schools, educational establishments, medical establishments or administrative custody; 3. Protests against decisions on dismissal, except those concerning the People�s Army and decisions on dismissal in accordance with the provisions of the Labor Code; 4. Protests against administrative decisions or administrative actions concerning the grant and withdrawal of permits and licenses in the fields of capital construction, production, business and land management. 5. Protests against decisions on forcible requisition, forcible purchase and confiscation of assets. 6. Protests against decisions on tax collection and tax arrears collection; 7. Protests against the collection of charges and fees; 8. Protests against other kinds of administrative decisions and administrative actions as prescribed by law. Article 12.- 1. The People�s Court of the district, provincial capital or city under the province (district People�s Court) shall handle according to the first-instance procedures the administrative protests against the administrative decisions made by State agencies of the district or lower level in the same territory, and the administrative decisions as well as administrative actions of officials and employees of those State agencies. 2. The People�s Court of the central province or city directly under the Central Government (provincial People�s Court) shall handle according to the first-instance procedures the administrative protests against: a/ Administrative decisions made by Ministries, ministerial-level agencies, agencies attached to the Government, the Office of the State President, the Office of the National Assembly, the Supreme People�s Court, the Supreme People�s Procuracy, and administrative decisions and administrative actions of the Heads of those agencies, which are located in the territory where the suer resides, works or has its head office; b/ Administrative decisions made by the provincial State agencies in the same territory and administrative decisions and administrative actions of officials and employees of those State agencies; c/ Administrative decisions made by specialized units of the State agencies prescribed in Point a, Item 2 of this Article and administrative decisions and administrative actions of officials and employees of those units, which are located in the territory where the suer resides, works or has its head office. In case of necessity, the provincial People�s Court may handle the administrative cases which come under the jurisdiction of the district People�s Court regarding the protests against an administrative decision of the district People�s Committee or the President of the district People�s Committee, which involves many people and is complicated or in which the judges of that district People�s Court must either refuse to conduct the legal proceedings or be replaced. 3. The Supreme People�s Court shall handle according to the first-instance and last-instance procedures the administrative cases which come under the jurisdiction of the provincial People�s Court regarding the protests against the administrative decisions made by the State agencies prescribed in Point a, Item 2 of this Article and administrative decisions and administrative actions of the Heads of those agencies, which involve many provinces and are complicated or in which it is difficult to determine which provincial Court shall have the competence to settle; protests against administrative decisions of the provincial People�s Committee or President of the provincial People�s Committee, which involve many people and are complicated or in which all the judges of that provincial Court must either refuse to conduct the legal proceedings or be replaced. Article 13.- In case they disagree with the decision on the settlement of the petitions by the State agency or the person that has made the administrative decision or taken the administrative action, the concerned individuals, State agencies or organizations can either petition the immediate higher-level of the agency or person that has issued the administrative decision or taken the administrative action, or initiate an administrative lawsuit at the competent Court. If, a petition is sent simultaneously to the immediate higher-level agency and an administrative lawsuit is initiated, the competence shall be determined as follows: a/ If only one individual simultaneously initiates an administrative lawsuit at a competent Court and petitions the immediate higher level of the State agency or person that has issued the administrative decision or taken the administrative action, the settlement of the lawsuit shall come under the jurisdiction of the Court. The agency which has registered the file shall have to forward it to the competent Court. b/ If the suing party is composed of many persons, some of whom initiate the administrative lawsuit at the competent Court, while others petition the immediate higher level of the State agency or of the person that has issued the administrative decision or taken the administrative action, the settlement of the lawsuit shall come under the jurisdiction of that immediate higher-level agency. The Court, which has registered the file, shall have to forward it to the competent agency right after it discovered that the settlement of the lawsuit is beyond its jurisdiction. 2. The Court which has registered the administrative lawsuit shall have to forward the file to the competent Court right after it discovered that the settlement of the lawsuit is beyond its jurisdiction. Any dispute on the competence for the settlement of administrative cases between Courts shall be settled by the immediate higher-level Court. Chapter III PROCEEDING PANEL Article 14.- The proceeding panel includes Judges, People�s Assessors, Prosecutors and Court Clerks. Article 15.- 1. The first-instance Trial Panel is composed of one Judge and two Assessors. 2. The first- and last-instance Trial Panel of the Administrative Court of the Supreme People�s Court is composed of three Judges and two Assessors. 3. The appeal Trial Panel is composed of three Judges. 4. The supervisory trial and re-trial Panel of the Administrative Court of the Supreme People�s Court is composed of three Judges. 5. The Committee of Judges and the Council of Judges of the Supreme People�s Court and the Committee of Judges of the provincial People�s Court, when conducting the supervisory trial or re-trial, must have at least 2/3 (two thirds) of its members participating in the proceedings. 6.- The Trial Panel stipulated in Items 1, 2, 3 and 4 of this Article shall make decisions by majority vote. The decisions of the Committee of Judges and the Council of Judges of the Supreme People�s Court and of the Committee of Judges of the provincial People�s Court must receive more than half of the votes of its members. Article 16.- 1. The Judge and the Assessor shall have to either refuse to conduct the proceedings or be replaced, if: a/ He/she is concurrently one of the parties, the party�s representative or the protector of the party�s rights and interests, the party�s relative, or a witness; b/ He/she is involved in making the protested administrative decision; c/ He/she has already taken part in the trial of the same case as the Judge or Assessor, except for members of the Committee of Judges and the Council of Judges of the Supreme People�s Court and members of the Committee of Judges of the provincial Court, who are entitled to participate in more than one trials of the same case according to the supervisory trial and re-trial procedures. d/ He/she has already participated in the proceedings of the same lawsuit as the Prosecutor or the Court Clerk, the expert witness or the interpreter. e/ The Judge and the Assessor of the same Trial Panel are relatives. f/ He/she has relative(s) having participated in the proceedings of the same lawsuit at another level; g/ There are grounds to believe that they may be not impartial in the trial; 2. The Prosecutor, the Court Clerk shall have to refuse to participate in the proceedings or be replaced, if: a/ He/she has participated in the proceedings of the same lawsuit at another level. b/ There are grounds as stipulated in Points a, e, g, Item 1 of this Article. Article 17.- 1. Before a court session, the replacement of the Judge, the Assessor or the Court Clerk shall be decided by the Chief Judge of the Court; the replacement of the Prosecutor shall be decided by the Head of the People�s Procuracy; if the Prosecutor to be replaced is the Head of the People�s Procuracy, the replacement shall be decided by the Head of the immediate higher-level People�s Procuracy. 2. At the court session, the replacement of the Judge, the Assessor or the Court Clerk shall be decided by the Trial Panel after hearing opinions of the person to be replaced. If at the court session there is a request for the replacement of the Prosecutor which is deemed legitimate by the Trial Panel, the Trial Panel shall make a decision to delay the court session. Within 3 days from the date the court session is postponed, the Chief Judge of the People�s Court, the Head of the People�s Procuracy shall have to appoint another Prosecutor as replacement. Article 18.- In the process of settling an administrative case, the People�s Procuracy may take part in the proceedings at any stage it deems necessary. With regard to administrative decisions or administrative actions related to the legitimate rights and obligations of the minors, the physically or mentally handicapped, if nobody initiates the lawsuit, the Procuracy shall have the right to institute the administrative lawsuit and have the responsibility to provide evidences. Chapter IV PARTICIPANTS IN THE PROCEEDINGS Article 19.- 1. Participants in the administrative proceedings include the parties, their mandated representatives, the protectors of the parties� legitimate rights and interests, the witness, the expert witness and the interpreter. 2. If the party is an individual, he/she may him/herself or mandate in writing another person to exercise his/her proceeding rights and obligations in the process of settling the administrative case. 3. If the party is a legal person, it shall exercise its proceeding rights and obligations through a representative by law or by mandate. Article 20.- 1. The suer shall have the right to withdraw part or the whole of the petition. The defendant shall have the right to amend or annul the protested administrative decision or remedy the sued administrative action, reject the demand of the suer or make suggestions concerning the latter�s protests. The person(s) with related rights and obligations may have their separate protests or take part in the proceedings on the side of one of the parties. 2. The parties shall have the rights: a/ To present documents and evidences; to read, copy and check documents and evidences provided by the other party; b/ To request the Court to take temporarily urgent measures; c/ To attend the court session; d/ To request the replacement of the Judge, the Assessor, the Prosecutor, the Court Clerk, the expert witness or the interpreter, if there are grounds prescribed in Articles 16 and 27 of this Ordinance; e/ To reach mutual agreement on the settlement of the administrative case if such an agreement is not contrary to law; f/ To debate at the court session; g/ To protest against the Court�s judgement or ruling; h/ To request the competent person to protest against the Court�s judgement or ruling according to supervisory trial or re-trial procedures. 3. The parties have the obligations: a/ To provide fully and in time the relevant documents and evidences at the Court�s request; b/ To appear at the summons of the Court; c/ To strictly observe the rules of the court session. Article 21.- 1. A party of full 18 years of age or over shall have the right to exercise his/her rights and perform his/her obligations in the administrative proceedings on his/her own. 2. A party that is a minor, a physically or mentally handicapped person shall exercise his/her proceeding rights and perform his/her obligation through a representative. Article 22.- 1. The party

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