THE NATIONAL
ASSEMBLY
——-

THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No. 93/2015/QH13

Hanoi, November 25, 2015

LAW

ON ADMINISTRATIVE PROCEDURES

Pursuant to the Constitution of the Socialist
Republic of Vietnam;

The National Assembly promulgates the Law on
Administrative Procedures.

Chapter
I

GENERAL
PROVISIONS

Article
1. Scope of regulation and tasks of the
Law on Administrative Procedures

The Law on Administrative
Procedures prescribes fundamental principles in administrative procedures;
tasks, powers and responsibilities of procedure-conducting agencies and
persons; rights and obligations of procedure participants and related agencies,
organizations and individuals; order and procedures for instituting lawsuits,
settling administrative cases, executing administrative judgments and settling
complaints and denunciations in administrative procedures.

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Article
2. Subjects of application and effect of
the Law on Administrative Procedures

1. The Law on
Administrative Procedures applies to all administrative procedural activities
conducted in the territory, including the mainland, islands, maritime zones and
air space, of the Socialist Republic of Vietnam.

2. The Law on
Administrative Procedures applies to administrative procedural activities
conducted overseas by representative 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 agencies, organizations and individuals and international
organizations eligible for diplomatic or consular privileges and immunities in
accordance with Vietnamese law or treaties to which the Socialist Republic of
Vietnam is a contracting party shall be settled through diplomatic channels.

Article
3. Interpretation of terms

In this Law, the terms
below are construed as follows:

1. Administrative
decision means a document issued by a state administrative agency, another
agency or organization assigned to perform the state administrative management
or by a competent person in this agency or organization, on a specific matter
in administrative management activities, and applicable once to one or a number
of specific subjects.

2. Administrative
decision over which a lawsuit is instituted means a decision defined in Clause
1 of this Article which gives rise to, changes, restricts or terminates lawful
rights and interests of an agency, organization or individual or has a content
which gives rise to an obligation or affects lawful rights and interests of an
agency, organization or individual.

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4. Administrative act
over which a lawsuit is instituted means an act defined in Clause 3 of this
Article which affects the exercise of the lawful rights and interests of an
agency, organization or individual.

5. Disciplinary decision
on dismissal means a written decision of the head of an agency or organization
to apply the disciplinary form of dismissal to a civil servant under his/her
management.

6. Internal
administrative decisions and acts of an agency or organization means decisions
and acts directing and administering the performance of tasks and working
plans; managing and organizing personnel and assigned operation funds and
assets; examining and inspecting the performance of tasks and official duties
or the implementation of policies and laws toward cadres, civil servants,
public employees, laborers and units under management by such agency or
organization.

7. Involved parties
include the plaintiff, defendant and persons with related interests and
obligations.

8. Plaintiff means an
agency, organization or individual 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 a list of voters to elect National Assembly deputies,
a list of voters to elect People’s Council deputies or a list of voters in a
referendum (below collectively referred to as voter list).

9. Defendant means an
agency, organization or individual 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.

10. Person with related
interests and obligations means an agency, organization or individual 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 on his/her/its own initiative or at the request of
another involved party as accepted by the people’s court (below referred to as
court) or summoned by the court to participate in procedures in the capacity as
a person with related interests and obligations.

11. Agencies and
organizations include state agencies, political organizations, sociopolitical
organizations, socio-political-professional organizations, social
organizations, socio-professional organizations, economic organizations,
non-business units, people’s armed forces units and other organizations
established and operating in accordance with law.

12. Complicated case
means a case relating to rights and interests of many persons; having
contradictory documents and evidences which need examination, verification,
assessment or expert opinions; or involving parties who are foreigners residing
abroad or Vietnamese residing, learning or working abroad.

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14. Force majeure event
means an event that occurs objectively and remains unforeseeable and
irremediable despite every necessary measure has been taken within permitted
capacity.

Article 4. Compliance with law in administrative procedures

All administrative
procedural activities of procedure-conducting agencies and persons, procedure
participants and related agencies, organizations and individuals must comply
with this Law.

Article
5. Right to request the court to protect
lawful rights and interests

Agencies, organizations
and individuals have the right to institute administrative lawsuits to request
the court to protect their lawful rights and interests in accordance with this
Law.

Article
6. Examination and handling of legal
documents, administrative documents and acts related to administrative cases

1. In the course of
settlement of an administrative case, a court may examine the legality of administrative
documents and acts related to those on which the lawsuit is instituted and
recommend competent agencies, organizations and individuals to re-examine such
administrative documents and acts and notify it of re-examination results in
accordance with this Law and other relevant laws.

2. The court may
recommend competent agencies and individuals to examine, amend, supplement or
annul legal documents when detecting that such documents are contrary to the
Constitution, laws or legal documents of superior state agencies in accordance
with this Law and other relevant laws in order to ensure lawful rights and
interests of agencies, organizations and individuals. Competent agencies and
individuals shall notify the court of results of the handling of legal
documents recommended to be handled in accordance with law for use as a basis
for the court to settle cases.

Article
7. Settlement of matters of damage
compensation in administrative cases

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The plaintiff and persons
with related interests and obligations that claim compensation for damage shall
provide documents and evidences. In case of necessity, the court may verify and
collect documents and evidences to ensure the accurate settlement of the case.

A claim for compensation for
damage in an administrative case shall be settled under regulations on state
compensation liability and the civil procedure law.

2. In case an
administrative case involves a claim for compensation for damage but under no
condition can such claim be proved, the court may separate such claim from this
case for subsequent settlement in another civil case in accordance with the
civil procedure law.

In case the court has
settled the claim for compensation for damage together with the administrative
case but its ruling in the judgment on damage compensation is appealed or
protested against or quashed by the appellate, cassation or reopening court for
first-instance or appellate retrial, the ruling on damage compensation in this
case constitutes part of the administrative case. Procedures for handling the
ruling on damage compensation which is appealed or protested against or quashed
for first-instance or appellate retrial must comply with this Law.

Article
8. Self-determination and discretion of
plaintiffs

Agencies, organizations
and individuals 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 change, add or withdraw their lawsuit claims and exercise other
procedural rights in accordance with this Law.

Article
9. Provision of documents and evidences,
burden of proof in administrative procedures

1. Involved parties have
the right and obligation to furnish the court with documents and evidences and
prove that their claims are grounded and lawful.

Individuals that
institute lawsuits or claim the protection of lawful rights and interests of
others have the right and obligation to collect and provide documents and
evidences and prove their claims like involved parties.

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Article
10. Obligation of competent agencies,
organizations and individuals to provide documents and evidences

Agencies, organizations
and individuals shall, within the ambit of their tasks and powers, sufficiently
and promptly provide involved parties, the court and the people’s procuracy
(below referred to as the procuracy) with documents and evidences they are
keeping or managing in accordance with this Law when so requested and take
responsibility before law for such provision. If they cannot do so, they shall
notify such in writing to involved parties, the court and the procuracy,
clearly stating the reason.

Article
11. Guarantee of the first-instance and
appellate trial regime

1. The first-instance and
appellate trial regime is guaranteed, except the trial of administrative cases
involving lawsuits over voter lists.

First-instance court
judgments and rulings may be appealed or protested against in accordance with
this Law.

First-instance court
judgments and rulings, if not appealed or protested against according to
appellate procedures within the time limit prescribed in this Law, shall become
legally effective. For first-instance court judgments or rulings which are
appealed or protested against, the cases shall be settled according to
appellate procedures. Appellate court judgments and rulings shall be legally
effective.

2. For legally effective
court judgments and rulings, if law violations or new circumstances are
discovered in accordance with this Law, they shall be reviewed according to
cassation or reopening procedures.

Article
12. Participation of people’s assessors in
the trial of administrative cases

1. The first-instance
trial of administrative cases shall be participated by people’s assessors,
except the trial conducted according to summary procedures in accordance with
this Law.

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Article
13. Judges and people’s assessors conduct
trial independently and abide by law only

1. Judges and people’s
assessors shall conduct trial independently and abide by law only.

2. Agencies,
organizations and individuals are prohibited to intervene into trial conducted
by judges and people’s assessors in any form.

Article
14. Assurance of impartiality and
objectivity in administrative procedures

1. Court chief justices,
judges, people’s assessors, verifiers, court clerks, chief procurators, procurators,
examiners, interpreters, expert witnesses and members of valuation councils may
neither conduct nor participate in procedures if there are grounds to believe
that they might neither be impartial nor objective while performing their tasks
and powers.

2. The assignment of
procedure-conducting persons must ensure they are impartial and objective while
performing their tasks and exercising their powers.

Article 15.
The court conducts trial on a collegial basis

The court shall conduct
trial of administrative cases on a collegial basis and make rulings by
majority, unless it conducts trial according to summary procedures.

Article
16. The court conducts trial in a prompt,
fair and public manner

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2. The court shall
conduct trial in public. In special cases where it is necessary to keep state
secrets, preserve fine national traditions or customs, protect minors or keep
professional, business or personal secrets at legitimate requests of involved
parties, the court may conduct trial behind closed doors.

Article
17. Equality in rights and obligations in
administrative procedures

1. In administrative
procedures, everyone is equal before law, regardless of his/her nationality,
gender, belief, religion, social stratum, educational level, occupation and
social position.

2. All agencies,
organizations and individuals are equal in exercising their rights and
performing their obligations in administrative procedures before the court.

3. The court shall create
conditions for agencies, organizations and individuals to exercise their rights
and perform their obligations.

Article
18. Assurance of adversarial process in
trial

1. The court shall
guarantee the exercise by involved parties and defense counsels of lawful
rights and interests of involved parties of the right to adversarial process in
first-instance, appellate, cassation and reopening trial in accordance with
this Law.

2. Involved parties and
defense counsels of lawful rights and interests of involved parties may
collect, submit and provide documents and evidences after the court accepts the
administrative case and shall notify one another of submitted documents and
evidences; may present their arguments, counter-arguments and viewpoints on the
assessment of evidences and laws applied to defend their claims and lawful
rights and interests or to reject claims of others in accordance with this Law.

3. In the course of
trial, all documents and evidences shall be examined in an adequate, objective,
comprehensive and public manner, except where such documents and evidences may
not be publicized in accordance with this Law. The court shall administer the
adversarial process, give questions about unclear matters and base itself on
adversarial results to make judgments and rulings.

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1. Involved parties may
protect their lawful rights and interests by themselves or ask lawyers or
others who are qualified in accordance with this Law to do so.

2. The court shall assure
involved parties of the right to protect their lawful rights and interests.

3. The State shall ensure
legal aid for persons eligible for legal aid as defined in the Law on Legal Aid
so that they can exercise their right to protect their lawful rights and
interests before the court.

4. No one can restrict
the right to protect lawful rights and interests of involved parties in
administrative procedures.

Article
20. Dialogues in administrative procedures

The court shall organize
dialogues between involved parties and create favorable conditions for involved
parties to have dialogues on the settlement of their case in accordance with
this Law.

Article 21. 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 nations. In this
case, interpreters are required.

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Article
22. Responsibilities of
procedure-conducting agencies and persons

1. Procedure-conducting
agencies and persons shall respect the People and submit to the People’s
supervision.

2. The court has the duty
to safeguard justice, human rights, citizens’ rights, the socialist regime, the
interests of the State, and the lawful rights and rights of organizations and
individuals.

The procuracy has the
duty to safeguard the law, human rights, citizens’ rights, the socialist
regime, the interests of the State, and the lawful rights and rights of
organizations and individuals, thus contributing to ensuring the strict and
unified observance of law.

3. Procedure-conducting
agencies and persons shall keep state secrets and work secrets in accordance
with law; preserve fine national traditions and customs, protect minors, keep
professional, business and personal secrets at legitimate requests of involved
parties.

4. Procedure-conducting
agencies and persons shall be held responsible before law for the performance
of their duties and exercise of their powers. Procedure-conducting persons who
commit illegal acts shall, depending on the nature and severity of their
violations, be disciplined or examined for penal liability in accordance with
law.

5. While performing their
duties and exercising their powers, if procedure-conducting persons commit
illegal acts causing damage to agencies, organizations or individuals, agencies
employing such persons shall pay compensations to damage sufferers in
accordance with the law on state compensation liability.

Article
23. Assurance of the effect of court
judgments and rulings

1. Legally effective
court judgments and rulings shall be executed and respected by agencies,
organizations and individuals. Related agencies, organizations and individuals
shall strictly abide by legally effective court judgments and rulings.

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Article
24. Trial supervision

The Supreme People’s
Court shall supervise trials conducted by courts; superior people’s courts
shall supervise trials conducted by people’s courts of provinces and centrally
run cities (below collectively referred to as provincial-level people’s
courts), and people’s courts of rural districts, urban districts, towns and
cities of provinces and centrally run cities (below collectively referred to as
district-level people’s courts) within their territorial jurisdiction in order
to ensure the uniform application of law in trial.

Article
25. Supervision of law observance in
administrative procedures

1. Procuracies shall
supervise the Jaw observance in administrative procedures in order to ensure
timely and lawful settlement of administrative cases.

2. 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 rights to make claims, recommendations and protests
in accordance with law.

3. For administrative
decisions and acts related to the lawful rights and interests of minors or
persons who have lost their civil act capacity, have civil act capacity
restricted or meet difficulties in the cognition or control of their acts, if
these persons have no representatives to institute lawsuits, procuracies may
recommend commune-level People’s Committees of localities where these persons reside
to appoint guardians to institute administrative lawsuits to protect their
lawful rights and interests.

Article
26. Responsibility of the court to deliver
documents and papers

1. Courts shall deliver,
hand or notify their judgments, rulings, summonses, invitations and other
papers in accordance with this Law.

2. Commune-level People’s
Committees or related agencies, organizations or individuals shall deliver
court judgments, rulings, summonses, invitations and other papers at the
requests of the court and notify results of the delivery to the courts.

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Agencies, organizations
and individuals have the right and obligation to participate in administrative
procedures in accordance with this Law, contributing to the prompt and lawful
settlement of administrative cases at court.

Article
28. Assurance of the right to complain and
denounce in administrative procedures

Agencies, organizations
and individuals have the right to complain about, and individuals have the
right to denounce, illegal acts and decisions of procedure-conducting agencies
and persons or of any agencies, organizations or individual 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 29. Legal cost, fees and procedural expenses –

Legal cost, fees and
procedural expenses must comply with this Law and the law on legal cost and
court fee.

Chapter
II

JURISDICTION
OF COURTS

Article
30. Lawsuits under jurisdiction of courts

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a/ Administrative
decisions or acts pertaining to state secrets in the fields of national
defense, security and foreign affairs in accordance with law;

b/ Court rulings or acts
in the application of administrative handling measures or handling of acts obstructing
procedural activities;

c/ Internal
administrative decisions or acts of agencies and organizations.

2. Lawsuits over
disciplinary decisions on dismissal of civil servants holding the position of
general director of a general department or equivalent or lower position.

3. Lawsuits over
decisions on settlement of complaints about decisions on handling of
competition cases.

4. Lawsuits over voter
lists.

Article
31. Jurisdiction of district-level courts

District-level courts
shall settle according to first-instance procedures:

1. Lawsuits over
administrative decisions or acts of state administrative agencies at the
district or lower level within the same administrative boundaries with courts
or of competent persons in these agencies, except administrative decisions or
acts of district-level People’s Committees and district-level People’s
Committee chairpersons;

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3. Lawsuits over voter
lists made by agencies in charge of making voter lists within the same
administrative boundaries with courts.

Article
32. Jurisdiction of provincial-level
courts

Provincial-level courts shall settle according to
first-instance procedures:

1. Lawsuits over
administrative decisions or acts of ministries, ministerial-level agencies,
government-attached agencies, the Presidential Office, the National Assembly
Office, the State Audit Office of Vietnam, 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 head offices are located within the same
administrative boundaries with the courts. In case plaintiffs have no places of
residence, workplaces or head offices in the Vietnamese territory, courts of
localities in which agencies or persons competent to issue administrative
decisions or commit administrative acts are located have jurisdiction to settle
these lawsuits;

2. Lawsuits over
administrative decisions or acts of state agencies among those specified in
Clause 1 of this Article, and administrative decisions or acts of competent
persons in these agencies, which are filed by plaintiffs whose places of
residence, workplaces or head offices are located within the same
administrative boundaries with the courts. In case plaintiffs have no places of
residence, workplaces or head offices in the Vietnamese territory, courts of
localities in which agencies or persons competent to issue administrative
decisions or commit administrative acts are located have jurisdiction to settle
these lawsuits;

3. 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;

4. Lawsuits over
administrative decisions or acts of district-level People’s Committees and
district-level People’s Committee chairpersons within the same administrative
boundaries with the courts;

5. Lawsuits over
administrative decisions or acts of overseas representative 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;

6. Lawsuits over
disciplinary decisions on dismissal issued by heads of provincial-level
agencies or organizations, ministries or central agencies, which are filed by
plaintiffs whose workplaces by the time of disciplining are located within the
same administrative boundaries with the courts;

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8. When necessary,
provincial-level courts may pick up lawsuits under jurisdiction of
district-level courts for settlement under Article 31 of this Law.

Article 33. Determination of jurisdiction in case both complaint and
lawsuit petitions 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 court shall request the plaintiff to select the agency to settle the case
and notify such in writing to the court.

In case the plaintiff
cannot make the petition on his/her/its own, he/she/it shall request the court
to make a written record of selection of the agency to settle the case. On a
case-by-case basis, the court shall:

a/ Accept the case for
settlement according to general procedures, and concurrently notify the case to
the person competent to settle complaints and request him/her to transfer the
whole dossier for complaint settlement to the court, in case the plaintiff
selects the court to settle the case:

b/ Base itself on Point
e, Clause 1, Article 123 of this Law to return the lawsuit petition and
enclosed documents to the plaintiff, in case the plaintiff selects the person
competent to settle complaints to settle the case.

Upon the expiration of the
time limit for complaint settlement, if the complaint remains unsettled or have
been settled but the complainant disagrees with the settlement results and
files a petition to institute an administrative lawsuit at court, the court
shall consider to accept the case according to general procedures.

2. In case many persons
institute an administrative lawsuit at a competent court and concurrently file
a complaint with a person competent to settle complaints and all of them select
either of these entities to settle the case, the competence to settle the case
must comply with Clause 1 of this Article.

3. In case many persons
institute an administrative lawsuit at a competent court and concurrently file
a complaint with a person competent to settle complaints and some of them
select the court to settle the case, while others select the persons competent
to settle complaints or in case some only institute an administrative lawsuit
at a competent court while others only file a complaint with a person competent
to settle complaints, the competence to settle the case shall be determined as
follows:

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b/ In case the interests
and obligations of the plaintiffs and complainants are not independent from one
another, the court shall accept the case for settlement according to general
procedures and notify such to the person competent to settle complaints,
requesting him/her to transfer the whole dossier for complaint settlement to
the court.

4. In case the plaintiff
does not select an agency to settle the case, the court shall return the
lawsuit petition to the plaintiff.

Article
34. Transfer of cases to other courts and
settlement of disputes over jurisdiction

1. In the course of
settlement of an administrative case according to the first-instance
procedures, if the court determines that such case is a civil case but not an
administrative one and the settlement thereof falls under its jurisdiction, it
shall settle such case according to general procedures prescribed by the civil
procedure law, and concurrently notify such to the involved parties and the
same-level procuracy.

2. Before deciding to
bring a case to trial according to the first-instance procedures, if there is a
ground to determine that the settlement of the case falls under the
jurisdiction of another court, the judge assigned to settle the administrative
case shall issue a decision to transfer the case file to a competent court and
delete it from the case acceptance book and concurrently notify such to the
involved parties and the same-level procuracy.

3. After issuing a
decision to bring a case to trial according to the first-instance procedures,
if there is a ground to determine that the settlement of the administrative
case falls under the jurisdiction of another court, the court shall hold a
hearing for the trial panel to issue a decision to stop the trial and transfer
the case file to the competent court.

4. When trying an
administrative case according to appellate procedures, if determining that the
case falls into the case specified in Clause 1 or 2 of this Article, the
appellate court shall quash the first-instance judgment or ruling and transfer
the case file to the court with the first- instance trial jurisdiction for
first-instance retrial of the case in accordance with law.

5. When trying an
administrative case according to cassation or reopening procedures, if
determining that the case falls into the case specified in Clause 1 or 2 of
this Article, the cassation or reopening court shall quash the legally
effective judgment or ruling and transfer the case file to the court with the
first-instance trial jurisdiction for first-instance retrial of the case in
accordance with law.

6. Involved parties may
file complaints and the same-level procuracy may file a petition about a
decision specified in Clause 2 or 3 of this Article within 3 working days after
receiving the decision. Within 3 working days after receiving the complaint or
petition, the chief justice of the court that has issued the decision to
transfer the administrative case shall settle the complaint or petition. The
decision of the chief justice of the court is final and shall be immediately
sent to the complaining involved parties and the petition-making procuracy.

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Chief justices of
superior people’s courts shall settle disputes over the jurisdiction to settle
an administrative case between district-level courts in different provinces or
centrally run cities or between provincial-level courts under the territorial
jurisdiction of superior people’s courts.

The Chief Justice of the
Supreme People’s Court shall settle disputes over the jurisdiction between
district-level courts in different provinces or centrally run cities or
provincial-level courts under the territorial jurisdiction of different
superior people’s courts.

Article 35. 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 according to administrative procedures when the following conditions
are fully satisfied:

a/ Separately accepted
cases have the same plaintiff instituting lawsuits over many administrative
decisions or acts issued or taken by an agency or organization or a competent
person in such agency or organization and are closely related to one another,
or separately accepted cases have different plaintiffs instituting lawsuits
over the same administrative decision or act;

b/ The consolidation of
two or more administrative cases into a sole administrative case must ensure
the quick, effective and thorough trial and shall be conducted within the time
limit for trial preparation.

2. A court may split up a
case involving different claims into two or more administrative cases for
settlement in case an administrative decision over which a lawsuit is
instituted is related to many plaintiffs whose interests and obligations are
unrelated.

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.

Chapter
III

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Article 36. Procedure-conducting agencies and persons

1. Administrative
procedure-conducting agencies include:

a/ Courts;

b/ Procuracies.

2. Administrative
procedure-conducting persons include:

a/ Chief justices,
judges, people’s assessors, verifiers and clerks of courts;

b/ Chief procurators,
procurators and examiners.

Article
37. Duties and powers of chief justices of
courts

1. Chief justices of
courts have the following duties and powers:

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b/ To decide to assign
judges to settle administrative cases and people’s assessors to participate in
trial panels of administrative cases; to assign verifiers and court clerks to
conduct procedures for administrative cases on the principles specified in
Article 14 of this Law;

c/ To decide to change
judges, people’s assessors and court clerks before the opening of court
hearings;

d/ To decide to change
expert witnesses and interpreters before the opening of court hearings;

dd/ To issue administrative
procedural decisions and conduct administrative procedural activities;

e/ To file protests
against legally effective court judgments or rulings of courts according to
cassation or reopening procedures or to recommend chief justices of competent
courts to consider filing protests against legally effective court judgments or
rulings of courts according to cassation or reopening procedures;

g/ To settle complaints
and denunciations in accordance with this Law;

h/ To recommend agencies
or individuals that have issued administrative decisions or taken
administrative acts related to administrative decisions or acts over which
lawsuits are instituted to consider amending, supplementing or annulling such
decisions or terminating such acts if detecting a sign of unlawfulness;

i/ To recommend competent
agencies or individuals to consider amending, supplementing or annulling legal
documents if detecting a sign of contravention of the Constitution, laws or
legal documents of superior state agencies in accordance with this Law;

k/ To handle acts
obstructing administrative procedural activities in accordance with law;

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2. When the chief justice
of a court is absent, a deputy chief justice authorized by the chief justice
shall perform the duties and exercise the powers of the chief justice, except
the power to decide to file protests provided at Point e, Clause 1 of this
Article. Authorized deputy chief justices shall be answerable to chief justices
for the performance of authorized duties and exercise of authorized powers.

Article
38. Duties and powers of judges

When assigned by chief
justices of their courts, judges have the following duties and powers:

1. To process lawsuit
petitions;

2. To make administrative
case files;

3. To verify and collect
documents and evidences; to organize court hearings and sessions to settle
administrative cases in accordance with this Law;

4. To decide on
application, change or cancellation of provisional urgent measures;

5. To decide on
termination, suspension or resumption of the settlement of administrative
cases;

6. To explain and guide
involved parties in exercising the right to request legal aid in accordance
with the law on legal aid;

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8. To decide to bring
administrative cases to trial;

9. To summon participants
in court hearings or sessions;

10. To request agencies,
organizations and individuals to provide documents and evidences, or to verify
and collect documents and evidences in accordance with this Law;

11. To chair or
participate in panels trying administrative cases; to vote on matters falling under
the jurisdiction of trial panels;

12. To examine the
legality of administrative documents or acts related to administrative
decisions or acts over which lawsuits are instituted and request chief justices
of courts to propose competent agencies or individuals to review such
administrative documents or acts in accordance with law;

13. To discover, and
request chief justices of courts to propose competent agencies to amend,
supplement or annul, legal documents showing signs of contravention of the
Constitution, laws and legal documents of superior state agencies in accordance
with this Law;

14. To handle acts
obstructing administrative procedural activities in accordance with law;

15. To perform other
duties and exercise other powers in accordance with this Law.

Article
39. Duties and powers of people’s
assessors

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1. To study case files;

2. To request chief
justices of courts and judges assigned to settle administrative cases to issue
necessary decisions within their competence;

3. To participate in
panels trying administrative cases;

4. To conduct procedural
activities and have the equal right with judges to vote on matters falling
under the jurisdiction of trial panels.

Article
40. Duties and powers of verifiers

When assigned by chief
justices of their courts, verifiers have the following duties and powers:

1. To verify
administrative case files on which legally effective court judgments or rulings
need to be reviewed according to cassation or reopening procedures;

2. To make conclusions on
verified cases and report on verification results and propose ways to settle
administrative cases to chief justices of courts;

3. To collect documents
and evidences in accordance with this Law;

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Article
41. Duties and powers of court clerks

When assigned, court
clerks have the following duties and powers:

1. To make necessary
professional preparations before the opening of court hearings;

2. To announce internal
rules of court hearings;

3. To check and report to
trial panels on lists of persons summoned to court hearings;

4. To write minutes of
court hearings or sessions and written records of testimonies of procedure
participants;

5. To perform other
duties and exercise other powers in accordance with this Law.

Article
42. Duties and powers of chief procurators

1. When supervising the
law observance in administrative procedural activities, chief procurators have
the following tasks and powers:

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b/ To decide to assign
procurators to supervise the law observance in administrative procedural
activities, participate in court hearings and sessions to settle administrative
cases in accordance with this Law and notify such to courts; to assign
examiners to conduct procedural activities for administrative cases on the
principles specified in Article 14 of this Law;

c/ To decide to change
procurators or examiners;

d/ To file protests
against court judgments or rulings according to appellate, cassation or reopening
procedures in accordance with this Law;

dd/ To make requests or
recommendations in accordance with this Law;

e/ To settle complaints
and denunciations in accordance with this Law;

g/ To perform other
duties and exercise other rights in accordance with this Law.

2. When the chief
procurator is absent, a deputy chief procurator authorized by the chief
procurator shall perform the duties and exercise the powers of the chief
procurator, except the power to decide to file protests provided at Point d, Clause
1 of this Article. Authorized deputy chief procurators shall be answerable to
chief procurators for the performance of authorized duties and exercise of
authorized powers.

Article
43. Duties and powers of procurators

When assigned by chief
procurators of their procuracies to supervise the law observance in
administrative procedural activities, procurators have the following duties and
powers:

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2. To supervise the
acceptance and settlement of cases;

3. To study case files;
to verity and collect documents and evidences under Clause 6, Article 84 of
this Law;

4. To participate in
court hearings and sessions and present opinions of their procuracies on the
settlement of cases in accordance with this Law;

5. To supervise court
judgments and rulings;

6. To propose or request
courts to conduct procedural activities in accordance with this Law;

7. To request competent
chief procurators to file protests against court judgments and rulings
involving law violations;

8. To supervise
procedural activities of procedure participants; to propose or request
competent agencies or organizations to strictly handle procedure participants
who commit law violations;

9. To perform other
duties and exercise other powers in accordance with this Law.

Article 44. Duties and powers of examiners

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1. To study case files
and report study results to procurators;

2. To make dossiers for
supervision of administrative cases as assigned by procurators or chief
procurators;

3. To assist procurators
in supervising the law observance in accordance with this Law.

Article 45. Cases of refusal by or change of procedure-conducting
persons

Procedure-conducting
persons shall refuse to conduct procedures or be changed in any of the
following cases:

1. They are concurrently
involved parties, representatives or relatives of involved parties;

2. They have participated
in the capacity as defense counsels of the lawful rights and interests of
involved parties, witnesses, expert witnesses or interpreters 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;

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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 voter lists which lawsuits are instituted;

8. There are other clear
grounds to believe that they might be not impartial while performing their
duties.

Article
46. Cases in which judges or people’s
assessors shall refuse to conduct procedures or be changed

Judges or people’s
assessors shall refuse to conduct procedures or be changed in any of the
following cases:

1. They fall into one of
the cases specified in Article 45 of this Law;

2. They are members of
the same trial panel and relatives; in this case, only one of them may conduct
procedures;

3. They have participated
in the settlement of an administrative case according to first- instance,
appellate, cassation or reopening procedures on which a first-instance
judgment, an appellate judgment or ruling, a cassation or reopening ruling and
a decision to terminate the settlement of the case or a decision to recognize
successful dialogue results have been made, unless they are members of the
Judicial Council of the Supreme People’s Court or the judicial committee of a
superior people’s court who are allowed to participate in trying such case
according to cassation or reopening procedures;

4. They have conducted
procedures in the same case in the capacity as verifiers, court clerks,
procurators or examiners.

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Court clerks or verifiers
shall refuse to conduct procedures or be changed in any of the following cases:

1. They fall into any of
the cases specified in Article 45 of this Law;

2. They have conducted
procedures in the same case in the capacity as judges, people’s assessors,
verifiers, court clerks, procurators or examiners;

3. They are relatives of
any of other procedure participants in the case.

Article
48. Procedures for refusing to conduct
procedures or requesting the change of judges, people’s assessors, verifiers or
court clerks

1. The refusal to conduct
procedures or request for change of a judge, people’s assessor, verifier or
court clerk before the opening of a court hearing must be made in writing,
clearly stating the reason and ground for the refusal or request.

2. The refusal to conduct
procedures or request for change of a person specified in Clause I of this
Article at a court hearing shall be recorded in the hearing minutes.

Article
49. Decisions on change of judges,
people’s assessors, verifiers or court clerks

1. Before the opening of
a court hearing, the change of a judge, people’s assessor, verifier or court
clerk shall be decided by the chief justice of the court.

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a/ The change of a judge
being the chief justice of a district-level court shall be decided by the chief
justice of a provincial-level court;

b/ The change of a judge
being the chief justice of a provincial-level court shall be decided by the
chief justice of a superior court having the territorial jurisdiction over such
provincial- level court;

c/ The change of a judge
being the chief justice of a superior court shall be decided by the Chief
Justice of the Supreme People’s Court.

2. During a court
hearing, the change of a judge, people’s assessor or court clerk 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
make a decision by majority. In case a judge, people’s assessor or court clerk
must be changed without any alternative one for immediate replacement, the
trial panel shall issue a decision to postpone the court hearing. The chief
justice of the court shall decide to appoint a new judge, people’s assessor or
court clerk. If the changed person is the chief justice of the court, the
competence to decide on appointment must comply with Clause 1 of this Article.

3. Within 5 working days
after the court hearing is postponed, the chief justice of the court shall
appoint a person in replacement of the changed one.

Article
50. Cases in which procurators or
examiners shall refuse to conduct procedures or be changed

Procurators or examiners
shall refuse to conduct procedures or be changed in any of the following cases:

1. They fall into any of thế cases
specified in Article 45 of this Law;

2. They have conducted
procedures in the same case in the capacity as judges, people’s assessors,
verifiers, court clerks, procurators or examiners.

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1. The refusal to conduct
procedures or request for change of a procurator before the opening of a court hearing
must be made in writing, clearly stating the reason and ground for the refusal
or request.

The refusal to conduct
procedures or request for change of an examiner must be made in writing,
clearly stating the reason and ground for the refusal or request.

2. The refusal to conduct
procedures or request for change of a procurator at a court hearing shall be recorded
in the hearing minutes.

Article
52. Decisions on change of procurators or
examiners

1. Before the opening of
a court hearing, the change of a procurator shall be decided by the chief
procurator of the same-level procuracy; if a procurator requested to be changed
is the chief procurator, the change shall be decided by the chief procurator of
the immediate superior procuracy.

The change of an examiner
shall be decided by the chief procurator of the same-level procuracy.

2. During a court
hearing, the change of a 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 make a decision by majority.

In case a procurator must
be changed, the trial panel shall issue a decision to postpone the court
hearing. The appointment of a new procurator to replace the changed one shall
be decided by the chief procurator of the same-level procuracy. If the changed
procurator is the chief procurator, the change shall be decided by the chief
procurator of the immediate superior procuracy.

3. Within 3 working days
after the court hearing is postponed, the chief procurator of the procuracy
shall appoint a person in replacement of the changed one and notify such in
writing to the court.

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PROCEDURE
PARTICIPANTS AND THEIR RIGHTS AND OBLIGATIONS

Article
53. Procedure participants

Administrative procedure
participants include involved parties, representatives of involved parties,
defense counsels of the lawful rights and interests of involved parties,
witnesses, expert witnesses and interpreters.

Article
54. Administrative procedure legal capacity
and administrative procedure act capacity of involved parties

1. Administrative
procedure legal capacity means the capacity to have law-established rights and
obligations in administrative procedures. All agencies, organizations and
individuals have the same administrative procedure legal capacity in requesting
the court to protect their lawful rights and 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 aged 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.

The administrative
procedure act capacity of a person who has civil act capacity restricted or
meets a difficulty in cognizing or controlling his/her acts shall be determined
under a court ruling.

4. An involved party who
is a minor or a person who has lost his/her civil act capacity or has civil act
capacity restricted or meets a difficulty in cognizing or controlling his/her
acts shall exercise his/her rights and perform his/her obligations in
administrative procedures through his/ her at-law representative.

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Article
55. Rights and obligations of involved
parties

When participating in
procedures, involved parties have equal rights and obligations, including:

1. To respect the court
and strictly observe internal rules of court hearings;

2. To pay legal cost
advances, legal cost, fees and other procedural expenses prescribed by law;

3. To maintain, change,
add or withdraw their claims;

4. To provide their
residence or head office addresses in a sufficient and accurate manner; in the
course of case settlement by the court, to promptly notify other involved
parties and the court of any change in their residence or head office
addresses;

5. To provide documents
and evidences to prove and protect their lawful rights and interests;

6. To request agencies,
organizations and individuals that are keeping or managing documents or
evidences to provide such documents or evidences for furnishing them to the
court;

7. To request the court to
verify or collect documents and evidences of the case which they cannot verify
or collect; to request the court to compel the production by other involved
parties of documents or evidences which they are keeping or managing; to
request the court to rule on compelling the provision by agencies,
organizations or individuals that are keeping or managing evidences of such
evidences; and to request the court to summon witnesses, solicit expert
examination or valuation of assets;

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DĐ:

0906 22 99 66

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9. To submit copies of
lawsuit petitions and documents or evidences to the court for sending to other
involved parties or lawful representatives of other involved parties, except
documents or evidences not permitted to be disclosed under Clause 2, Article 96
of this Law;

10. To request the court
to rule on the application, change or cancellation of provisional urgent
measures;

11. To request the court
to hold sessions to check the submission of, access to, or disclosure of,
evidences and dialogues, and participate in such sessions in the course of case
settlement by the court;

12. To receive valid
notices for exercising their rights and performing their obligations;

13. To defend their
lawful rights and interests or ask lawyers or other persons to do so;

14. To request the change
of procedure-conducting persons or procedure participants;

15. To participate in
court hearings and session;

16. To be present in
response to court summonses and abide by court rulings in the course of case
settlement by the court;

17. To request the court
to summon persons with related interests and obligations to participate in
procedures;

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DĐ:

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19. To give questions to
other persons on matters related to the case or propose to the court matters on
which questions must be given to other persons; to confront themselves with one
another or with witnesses;

20. To make arguments at
court hearings, present their opinions on evidence assessment and applicable
laws;

21. To be provided with
extracts of court judgments or rulings;

22. To appeal against or
complain about court judgments or rulings;

23. To request competent
persons to file protests against legally effective court judgments or rulings
according to cassation or reopening procedures;

24. To strictly abide by
legally effective court judgments and rulings;

25. To exercise their
rights in a good will and refrain from abusing their rights to obstruct
procedural activities of the court and other involved parties;

26. Other rights and
obligations provided by law.

Article
56. Rights and obligations of plaintiffs

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DĐ:

0906 22 99 66

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1. The rights and
obligations specified in Article 55 of this Law;

2. To change contents of
their lawsuit claims within the statute of limitations for lawsuit institution;
to withdraw part or the whole of their lawsuit claims.

Article
57. Rights and obligations of defendants

Defendants have the
following rights and obligations:

1. The rights and
obligations specified in Article 55 of this Law;

2. To be informed by the
court of lawsuits against them;

3. To prove the
correctness and lawfulness of administrative decisions or acts over which
lawsuits are instituted;

4. To modify or cancel
administrative decisions, disciplinary decisions on dismissal, or 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
58. Rights and obligations of persons with
related interests and obligations

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DĐ:

0906 22 99 66

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2. Persons with related
interests and obligations that make independent claims have the rights and
obligations of the plaintiff specified in Article 56 of this Law.

3. Persons with related
interests and obligations who participate in procedures on the side of the plaintiff
or have interests only have the rights and obligations specified in Article 55
of this Law.

4. Persons with related
interests and obligations who 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 57 of this Law.

Article
59. 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 and
obligations of the former agency or organization 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 that is consolidated,
merged, split up, divided or dissolved, the person who takes over the rights
and obligations of the defendant shall participate in procedures.

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

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

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DĐ:

0906 22 99 66

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5. In case of merger,
division, splitting up, dissolution or adjustment of administrative boundaries of
an administrative unit but the subject of the administrative decision sees a
change, the agency, organization or individual that has issued such
administrative decision shall participate in procedures as the defendant at the
court of the locality where such agency, organization or individual is based.
The agency receiving the subject of the administrative decision over which a
lawsuit is instituted shall participate in procedures as a person with related
interests and obligations.

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

Article
60. 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 in accordance with
law:

a/ Father or mother, for
a minor child;

b/ Guardian, for a ward;

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

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

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0906 22 99 66

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

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

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

4. At-law representatives
and authorized representatives in administrative procedures shall terminate
their representation in accordance with 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 whose lawful rights and
interests conflict with those of to-be-represented persons;

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

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DĐ:

0906 22 99 66

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Article
61. Defense counsels of lawful rights and
interests of involved parties

1. Defense counsels of
the lawful rights and interests of involved parties are persons participating
in procedures to defend the lawful rights and interests of involved parties.

2. The following persons
may act as defense counsels of the lawful rights and interests of involved
parties when requested by such involved parties and registered by the court as
defense counsels of the lawful rights and interests of involved parties;

a/ Lawyers who
participate in procedures in accordance with the law on lawyers;

b/ Legal counsels or
persons who join in providing legal aid in accordance with 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 any administrative handling measure and are not cadres or
civil servants of courts, procuracies, inspectorates or judgment enforcement
agencies or civil servants, officers or noncommissioned officers in public
security forces.

3. Defense counsels of
the lawful rights and interests of involved parties may defend the lawful
rights and interests of many involved parties in the same case, provided the
lawful rights and interests of these parties do not conflict. Many defense
counsels may jointly defend the lawful rights and interests of an involved
party in a case.

4. When requesting the
court to carry out procedures for registration of a defense counsel of the
lawful rights and interests of involved parties, a requester shall produce the
following papers:

a/ A lawyer shall produce
the papers specified in Clause 2, Article 27 of the Law on Lawyers;

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c/ A Vietnamese citizen
who fully satisfies the conditions prescribed at Point c, Clause 2 of this
Article shall produce a written request of the involved parties and his/her
personal identification paper.

5. After checking the
produced papers and deeming that the requester fully satisfies the conditions
for acting as a defense counsel of the lawful rights and interests of involved
parties specified in Clause 2, 3 or 4 of this Article, within 3 working days
after receiving the request, the court shall record in the register the defense
counsel of the lawful rights and interests of involved parties and give
certification in the written request for the defense counsel. In case of
refusal to register the defense counsel, the court shall notify such in writing
to the requester, clearly stating the reason.

6. Defense counsels of
the lawful rights and 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
administrative proceedings:

b/ To collect documents and evidences and furnish the court
with documents and evidences, study case files and take notes of and copy
necessary documents included in case files for the purpose of defending the
lawful rights and interests of involved parties, except documents and evidences
not permitted to be disclosed under Clause 2, Article 96 of this Law;

c/ To participate in
court hearings or sessions or send documents for defending the lawful rights
and interests of involved parties to the court for examination in case of
failure to participate in court hearings or sessions;

d/ To request on behalf
of involved parties the change of procedure-conducting persons and other
procedure participants in accordance with this Law;

dd/ To assist involved
parties in legal matters related to the defense of their lawful rights and
interests; to receive on behalf of involved parties procedural papers and
documents delivered or notified by the court in case of being authorized by
involved parties and forward such papers and documents to involved parties;

e/ The rights and
obligations provided in Clauses 1, 6, 9, 16, 19 and 20, Article 55 of this Law.

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Article 62. Witnesses

1. Witnesses are persons
who know circumstances related to cases and are summoned by the court at the
request of involved parties to participate in procedures. Persons who have lost
the civil act capacity may not act as witnesses.

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
and court hearings in response to court summonses in case witness testimonies
must be publicly taken at court or 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;

dd/ To undertake before
court to exercise their rights and perform their obligations, except minor
witnesses;

e/ 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;

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0906 22 99 66

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h/ To have relevant
expenses paid in accordance with law;

i/ To request courts that have summoned them and competent
state agencies to protect their lives, health, honor, dignity, property, and
other lawful rights and interests when they participate in procedures;

k/ To complain about
procedural acts, and denounce illegal acts of procedure-conducting agencies and
persons.

Article
63. Expert witnesses

1. Expert witnesses are
persons who possess necessary knowledge and experience, as required by law, about the fields
in which exist objects of expert examination, who are selected under agreement
between involved parties or invited by the court to conduct expert examination
of these objects at the request of an involved party or involved parties.

2. Expert witnesses have
the following rights and obligations:

a/ To read documents
included in case files and related to objects of expert examination; to request
the court to provide documents necessary for the expert examination;

b/ To question procedure
participants about matters related to objects of expert examination;

c/ To be present in
response to court summonses and answer questions related to the expert
examination;

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0906 22 99 66

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dd/ To preserve received
documents and return them to the court together with expert examination
conclusions or with a notice of the impossibility to conduct expert
examination;

e/ To refrain from
collecting documents by themselves for conducting expert examination or
contacting other procedure participants if such contact might affect expert
examination results; to refrain from disclosing secret information which they
know while conducting expert examination or from notifying expert examination
results to persons other than those who have decided to solicit expert
examination opinions;

g/ To make independent,
honest and grounded expert examination conclusions;

h/ To have relevant
expenses paid in accordance with law;

i/ To undertake before the court to exercise their rights and
perform their obligations.

3. Expert witnesses 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 the procedures in the capacity as defense counsels of the lawful rights and
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;

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0906 22 99 66

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dd/ There are other clear
grounds to believe that they might be not impartial while performing their
duties.

Article 64. Interpreters

1. Interpreters are
persons who are capable of translating another language into Vietnamese and
vice versa when a procedure participant cannot speak Vietnamese. An interpreter
is selected by an involved party or under agreement between involved parties
and accepted by the court or required by the court to interpret.

Those who know the
language of persons with vision disability or those who can hear or speak the
language of persons with hearing or speaking disability are also regarded as
interpreters.

In case only a
representative or relative of a person with vision, hearing or speaking disability
knows the latter’s language or signs, such representative or relative may be
accepted by the court to act as an interpreter for such person with disability.

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;

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dd/ To have relevant
expenses paid in accordance with law;

e/ To undertake before
the court to exercise their rights and perform their obligations.

3. 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 the procedures in the capacity as defense counsels of the lawful rights and
interests of involved parties, witnesses or expert witnesses in the same case;

c/ They have conducted
the procedures in the capacity as judges, people’s assessors, verifiers, court
clerks, procurators or examiners;

d/ There are other clear
grounds to believe that they might be not impartial while performing their
duties.

Article
65. Procedures for rejecting expert
witnesses or interpreters or requesting change of expert witnesses or
interpreters

1. Before the opening of
a court hearing, the rejection of an expert witness or interpreter or the
request for change of an expert witness or interpreter shall be made in
writing, clearly stating the reason for such rejection or request. The change
of an expert witness or interpreter shall be decided by the chief justice of
the court.

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Chapter
V

PROVISIONAL
URGENT MEASURES

Article
66. 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 currently settling the case to apply one or several provisional urgent
measures specified in Article 68 of this Law to provisionally deal with urgent
requests of involved parties, protect evidences or preserve the current state
so as to prevent irremediable damage or to assure the case settlement or
judgment execution.

2. In emergency cases
when it is necessary to immediately protect evidences or to prevent possible
serious consequences, agencies, organizations or individuals may file
applications to request competent courts to issue decisions on application of
provisional urgent measures specified in Article 68 of 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 67. 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.

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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
69. 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, a disciplinary- decision on
dismissal or a 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 the
execution of such decision will lead to irremediable serious consequences.

Article 70. Suspension of performance of administrative acts

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

Article
71. Ban on or compulsion of performance of
certain acts

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

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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 compensation.

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

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

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

Article
73. 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 documents and evidences proving 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, address,
telephone number, facsimile number and email address (if any) of the requester;

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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;

dd/ Reason for
application of the provisional urgent measure;

e/ 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 66
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 and same-level
procuracy, 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, clearly stating the reason, and
record such in the court hearing minutes.

4. For a request for
application of a provisional urgent measure specified in Clause 2, Article 66
of this Law, after receiving a request enclosed with a lawsuit petition and
enclosed documents and evidences, the chief justice shall immediately designate
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 and same-level procuracy, clearly
stating the reason.

Article
74. Change or cancellation of provisional
urgent measures

1. At the request of
involved parties, the court shall consider and decide to change provisional
urgent measures being applied if deeming such measures no longer appropriate
and it is necessary to replace them with other provisional urgent measures.

2. The court shall issue
a decision to cancel an applied provisional urgent measure in one of the
following cases:

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b/ The ground for the
application of the provisional urgent measure no longer exists;

c/ The case has been settled with a legally effective court
judgment or ruling;

d/ One of the cases in
which the court returns the lawsuit petition as prescribed in this Law;

dd/ The case has been
terminated under Article 143 of this Law.

3. Procedures for
changing or canceling provisional urgent measures must comply with Article 73 of
this Law.

Article
75. Effect of decisions on application,
chance or cancellation of provisional urgent measures

1. Decisions on
application, change or cancellation of provisional urgent measures shall become
effective immediately for implementation.

2. The court shall
immediately deliver or send decisions on application, change or cancellation of
provisional urgent measures to involved parties and procuracy and civil
judgment enforcement agency at the same level.

Article
76. Complaints or recommendations about
application, change or cancellation of provisional urgent measures

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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 77. Settlement of complaints or recommendations about
application, change or cancellation of provisional urgent measures

1. Chief justices of
courts shall consider and settle complaints or recommendations mentioned in
Clause 1, Article 76 of this Law within 3 working days after receiving these
complaints or recommendations.

2. Chief justices’
decisions on settlement of complaints or recommendations are final and shall be
immediately delivered or sent to involved parties and procuracies and civil
judgment enforcement agencies at the same level.

3. The settlement of
complaints or recommendations at court hearings falls within the jurisdiction
of trial panels. Trial panels’ decisions on settlement of complaints or
recommendations are final.

Chapter
VI

PROVING AND
EVIDENCES

Article 78. 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
complaint settlement decisions (if any) and furnish other evidences to defend
their lawful rights and interests. In case of failure to do so, they shall
clearly state the reason.

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0906 22 99 66

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3. Persons with related
interests and obligations are obliged to provide evidences to defend their
lawful rights and interests.

Article
79. 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. In case of suspicion about the
authenticity of circumstances or facts in such document, a judge may request
the agency, organization or individual that has provided or handed it to
produce the original document.

2. If an involved party
acknowledges or does not object to circumstances, facts or documents invoked by
the other involved party, the latter is not required to prove them. If an
involved party has a representative to participate in the procedures, this
representative’s acknowledgement or non-objection shall be regarded as such
involved party’s acknowledgement if the representation does not fall beyond the
scope of representation.

Article
80. Evidences

Evidences in an
administrative case include factual things which are handed or produced to the
court by involved parties or other agencies, organizations or individuals in
the process of conducting procedures or collected by the court according to the
order and procedures prescribed in this Law and used by the court as grounds
for determining whether factual circumstances of the case as well as claims or
objections of involved parties are grounded and lawful.

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Evidences are collected
from the following sources:

1. Readable, audible or
visible materials, or electronic data;

2. Exhibits;

3. Testimonies of
involved parties;

4. Testimonies of
witnesses;

5. Expert examination
conclusions;

6. Written records of
on-site appraisal results;

7. Asset valuation and
price appraisal results;

8. Written certifications
of legal facts or acts made by responsible persons;

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10. Other sources
specified by law.

Article
82. Identification of evidences

1. Readable materials
shall be regarded as evidences if 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 evidences if they are presented by persons
possessing them together with documents certifying their origins if such
persons have made audio or visual recordings themselves, or written
certifications by those that have provided them to presenters of their origins,
or documents on events related to such audio or visual recording.

3. Electronic data
messages expressed in the form of exchange of e-data, e-documents, emails,
telegrams, facsimiles and other similar forms prescribed by the law on e-transactions.

4. Exhibits regarded as
evidences must be the original and related to cases or matters being settled.

5. Testimonies of
involved parties or witnesses shall be regarded as evidences if they are
recorded in writing or in audio or video tapes or disks or other sound or image
storage media as prescribed in Clause 2 of this Article or are orally made at
court hearings.

6. Expert examination
conclusions shall be regarded as evidences if the expert examination is
conducted according to procedures prescribed by law.

7. Written records of
on-site appraisal results shall be regarded as evidences if the appraisal is
conducted according to procedures prescribed by law.

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9. Documents certifying
legal events or acts made on the spot by responsible persons shall be regarded
as evidences if they have been made according to procedures prescribed by law.

10. Other sources
identified as evidence sources in accordance with law.

Article
83. Handover of documents and evidences

1. In the course of
settlement of an administrative case by the court, involved parties have the
right and obligation to hand over documents and evidences to the court. If they
fail to hand over documents and evidences or fail to hand over all documents
and evidences to the requesting court without a plausible reason, the court
shall base itself on the handed documents and evidences and those collected by
itself under Clause 2, Article 84 of this Law to settle the case.

2. The handover of
documents and evidences by involved parties to the court shall be recorded in
writing. The written record must clearly indicate appellations, forms, contents
and features of documents and evidences; number of copies and number of pages
of documents and evidences and time of receipt; signatures or fingerprints of
deliverers and recipients and seal of the court. A written record shall be made
in two copies, one shall be included in the administrative case file and the
other handed to the involved party that has handed over the documents and
evidences.

3. A document or an
evidence handed over by an involved party to the court which is in an ethnic
minority language or a foreign language shall be enclosed with its duly
notarized or authenticated Vietnamese translation.

4. The time limit for
handing over documents and evidences shall be prescribed by a judge assigned to
settle a case but must not exceed the time limit for preparation for trial
according to first-instance procedures prescribed in Article 130 of this Law.

5. In case handed
documents and evidences do not constitute sufficient grounds for the settlement
of the case, the judge shall request involved parties to additionally hand over
documents and evidences.

6. In case involved
parties are unable to collect documents and evidences by themselves and request
the collection of such documents and evidences, or when deeming it necessary, the
court may verify and collect documents and evidences by itself or entrust the
verification and collection of documents and evidences for clarifying
circumstances of the case.

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1. Involved parties may
collect evidences by themselves with the following measures:

a/ Collecting readable,
audible or visible materials, or electronic data messages;

b/ Collecting exhibits;

c/ Identifying witnesses
and taking certifications by witnesses;

d/ Requesting agencies,
organizations or individuals to permit copying of or provide documents related
to the settlement of the case which are currently kept or managed by the
latter;

dd/ Requesting
commune-level People’s Committees to authenticate signatures of witnesses;

e/ Requesting the court
to collect documents and evidences if they are unable to do so;

g/ Requesting the court
to issue decisions to solicit expert examination or valuation of assets;

h/ Requesting agencies, organizations
or individuals to perform other jobs in accordance with law.

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a/ Taking testimonies of
involved parties and witnesses;

b/ Holding confrontations
between involved parties and between involved parties and witnesses;

c/ Conducting on-site
inspection and appraisal; d/ Soliciting expert examination;

dd/ Deciding on asset
valuation;

e/ Entrusting the
collection and verification of documents and evidences;

g/ Requesting agencies,
organizations or individuals to provide readable, audible or visible documents
or other exhibits related to the settlement of the case.

h/ Other measures
prescribed by this Law.

3. When taking a measure
specified at Point c, d, dd, e or g, Clause 2 of this Article, a judge shall
issue a decision thereon, clearly stating the reason for application of the
measure and requirement of the court.

4. At the stage of trial
according to cassation or reopening procedures, verifiers may take the measures
to collect evidences specified at Points a and g, Clause 2 of this Article.

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5. Within 3 working days
after collecting documents and evidences, the court shall notify such to
involved parties so that they can exercise their rights and perform their
obligations.

6. The procuracy may
request the court to verify and collect documents and evidences in the course
of settlement of a case. In case of filing a protest against a court judgment
or ruling according to appellate, cassation or reopening procedures, the
procuracy may verily and collect documents and evidences to assure the protest
filing.

Article
85. 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 give
their signatures 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 courthouse or outside the courthouse when necessary.

2. Minutes recording
testimonies of involved parties shall 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 shall 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 shall be
signed and adjoining pages appended with a seal. For minutes recording
testimonies of involved parties made outside the courthouse, the testimony
taking shall be certified by witnesses or by commune-level People’s Committees
or police offices 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 years or persons with
restricted civil act capacity or persons having difficulties in cognizing or
controlling their acts shall be conducted in the presence of their at-law
representatives, managers or caretakers.

Article
86. Taking of testimonies of witnesses

1. At the request of involved
parties or when finding it necessary, judges shall take testimonies of
witnesses.

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Article
87. Confrontation

1. At the request of
involved parties or when finding contradictions in testimonies of involved
parties or witnesses, judges shall hold a confrontation between involved
parties, between involved parties and witnesses, or between witnesses.

2. The confrontation must
be recorded in writing with the signatures or fingerprints of confrontation
participants.

Article
88. On-site inspection and appraisal

1. Judges shall conduct
on-site inspection and appraisal in the presence of representatives of commune-level
People’s Committees or police offices, or agencies or organizations in which
exist objects to be inspected or appraised. On-site inspection and appraisal
shall be notified in advance to involved parties so that they can know and
witness such inspection and appraisal.

2. On-site inspection and
appraisal shall be recorded in minutes. A minutes must clearly state results of
inspection and appraisal, clearly describe the scene and bear signatures of
persons conducting the inspection and appraisal and signatures or fingerprints
of involved parties if they are present, representatives of commune-level
People’s Committees or police offices, or agencies or organizations in which
exist objects to be inspected or appraised, and other persons invited to participate
in the inspection and appraisal. Such a minutes shall be signed and appended
with a seal for certification by representatives of commune-level People’s
Committees or police offices, or agencies or organizations in which exist
objects to be inspected or appraised.

3. Any acts obstructing
the on-spot inspection and appraisal are prohibited.

4. Judges may request
commune-level People’s Committees or police offices in which on-spot inspection
and appraisal are conducted to assist them in case there are acts obstructing
the on-spot inspection and appraisal.

Article
89. Solicitation of, or request for,
expert examination

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2. At the request of
involved parties or when finding it necessary, judges shall issue decisions to
solicit expert examination. A decision to solicit expert examination must
clearly indicate the name and address of the expert witness, object(s) and
matters which need to be examined, and specific requirements that need
conclusions of the expert witness.

3. If finding expert
examination conclusions unclear, the court shall request the expert witness to
explain such conclusions or summon the expert witness to the court hearing to
directly present relevant contents at the request of involved parties or when
finding it necessary.

4. At the request of
involved parties or when finding it necessary, the court shall issue a decision
on additional expert examination in case expert examination conclusions are
inadequate or unclear or a new problem arises in relation to circumstances of
the case on which expert examination conclusions have previously been made.

5. Expert re-examination
shall be conducted in case there is a ground to believe that the initial expert
examination conclusions are inaccurate or in violation of law or in a special
case under a decision of the Procurator General of the Supreme People’s
Procuracy or the Chief Justice of the Supreme People’s Court in accordance with
the Law on Judicial Examination.

Article
90. Solicitation of expert examination of
evidences denounced to be forged

1. In case an evidence is
denounced to be forged, the provider of such evidence may withdraw it; if such
evidence is not withdrawn, the denouncer may request the court to, or the court
may, decide to solicit expert examination under Article 89 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 in accordance with the criminal procedure
law.

3. Providers of forged
evidences shall compensate for damage in accordance with law if the evidence
forgery causes damage to others and shall bear examination expenses if the
court decides to solicit expert examination.

Article
91. Asset valuation and price appraisal

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2. Involved parties may
agree on selection of a price appraisal organization to appraise asset prices
and provide price appraisal results to the court.

The asset price appraisal
shall be conducted in accordance with the law on asset price appraisal.

3. The court shall issue a
decision on asset valuation and form a valuation council in one of the
following cases:

a/ At the request of one
involved party or involved parties;

b/ Involved parties
provide different asset prices or cannot reach agreement on asset prices;

c/ Involved parties do
not reach agreement on selection of an asset price appraisal organization;

d/ The plaintiff reaches
agreement with a price appraisal organization on appraisal of asset prices
higher than market prices in localities where valuated assets exist at the time
of valuation for the purpose of seeking illicit profits from state assets, or
the defendant reaches agreement with a price appraisal organization on
appraisal of asset prices lower than market prices in order to shirk the
responsibility to pay compensation to damage sufferers or there is a ground to
believe that the price appraisal organization violates law when conducting the
appraisal.

4. Order and procedures
for forming a valuation council are as follows:

a/ A valuation council
formed by the court is composed of its chairman being the representative of the
finance agency and its members being representatives of related specialized
agencies. Persons who have conducted the procedures in the same case and
persons specified in Article 45 of this Law may not join the valuation council.

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b/ The finance agency and
related specialized agencies shall appoint their persons to join the valuation
council and create conditions for them to perform their duties. Persons
appointed to be members of the valuation council shall take part in the whole
process of valuation. In case the finance agency and related specialized
agencies fail to appoint their persons to join the valuation council, the court
shall request the competent management agency to direct the finance agency and
specialized agencies in realizing its request. For persons appointed to join
the valuation council who fail to join the council without a plausible reason,
the court shall request leaders of their agencies to determine their
responsibilities, appoint others as replacements and notify such to the court
for continued valuation;

c/ The valuation shall be
recorded in minutes, clearly stating opinions of each member and involved
parties if they attend. A decision of the valuation council shall 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 asset revaluation
shall be conducted in case there is a ground to believe that the initial
valuation results are inaccurate or inconsistent with market prices in the
locality where valuated assets exist at the time of settlement of the
administrative case.

Article 92. Entrustment of collection of documents and evidences

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 inspection
and appraisal or asset valuation, or apply other measures to collect documents
and evidences and verify circumstances of the case.

2. An entrustment
decision must clearly state the names and addresses of the plaintiff and
defendant and specific entrusted jobs to collect documents and evidences.

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 documents and
evidences must be collected abroad, the court 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 practices.

5. In case the
entrustment cannot be made under Clause 3 or 4 of this Article or the
entrustment has been made but the court has received no response, the court
shall settle the case based on evidences available in the case file.

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1. Involved parties may
request agencies, organizations or individuals to provide documents and
evidences. When so requesting, involved parties shall make written requests
clearly specifying documents and evidences to be provided, reason for the
provision, full names and addresses of individuals or names and addresses of
agencies or organizations that are managing or keeping documents and evidences
to be provided.

Agencies, organizations
or individuals shall provide documents and evidences to involved parties within
15 days after receiving the latter’s request. In case they cannot provide
documents and evidences, they shall reply in writing, clearly stating the
reason.

2. In case involved
parties have taken all necessary measures but still fail to collect evidences
by themselves, they may request the court to issue a decision to request
agencies, organizations or individuals that are keeping or managing documents
and evidences to provide them or do so themselves in order to assure the
settlement of the administrative case.

Involved parties that
request the court to collect documents and evidences shall make written
requests clearly indicating matters to be proved; evidences to be collected;
reason(s) why they cannot collect documents and evidences by themselves; full
names and addresses of individuals, and names and addresses of agencies or
organizations that are managing or keeping documents and evidences which need
to be collected.

3. At the request of
involved parties or when finding it necessary, the court shall request
agencies, organizations or individuals to provide documents and evidences they
are managing or keeping.

Agencies, organizations
or individuals that are managing or keeping documents and evidences shall fully
provide such documents and evidences as requested by the court within 15 days
after receiving a request. In case they fail to do so upon the expiration of
that time limit, the agencies, organizations or individuals shall reply in
writing to the court, clearly stating the reason. Agencies, organizations or
individuals that fail to do so without a plausible reason shall be handled in
accordance with this Law and relevant laws. The handling of these agencies,
organizations or individuals does not exempt them from the obligation to
provide documents and evidences to the court.

4. In case the procuracy
requests the provision of documents and evidences, agencies, organizations or
individuals shall provide such documents and evidences under Clause 3 of this
Article.

Article
94. Preservation of documents and
evidences

1. The preservation of
documents and evidences which have been handed over to the court rests with the
court.

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3. When necessary to hand
over documents and evidences to third parties for preservation, judges shall
issue decisions and make minutes of the handover of such documents and
evidences to these parties for preservation. Persons undertaking the
preservation shall sign the minutes, enjoy remuneration and take responsibility
for the preservation of documents and evidences in accordance with law.

4. It is prohibited to
destroy documents and evidences.

Article 95. Assessment of evidences

1. The assessment of
evidences must be objective, comprehensive, adequate and accurate.

2. The court shall assess
evidences one by one, the link between evidences and confirm the legality,
relevance and proving value of every evidences.

Article
96. Disclosure and use of evidences

1. Every evidence shall
be publicly and equally disclosed and used, except the case specified in Clause
2 of this Article.

2. The court shall not
publicly disclose evidences pertaining state secrets, national fine customs and
traditions, professional secrets, business secrets and privacy secrets at the
legitimate request of involved parties but shall notify involved parties of
evidences which may not be disclosed.

3. Procedure-conducting
persons and procedure participants shall keep evidences confidential in the
case specified in Clause 2 of this Article in accordance with law.

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1. In case an 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 the 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 others.

2. In case a witness is
intimidated, controlled or bought off for the purpose of not providing evidences
or providing untruthful evidences, the court may decide to force the person who
has committed the act of intimidating, controlling or buying off the witness to
terminate his/her act. In case such act shows signs of a crime, the court shall
request the procuracy to examine penal liability of such person.

Article
98. Right to access or exchange documents
and evidences

1. Involved parties may
know, take note of, copy or exchange documents and evidences handed over by
other involved parties to the court or collected by the court, except those
specified in Clause 2, Article 96 of this Law.

2. Involved parties that
hand over documents and evidences to the court shall notify other involved
parties of the handover within 5 working days so that the latter can contact
the court to exercise the right to access such documents and evidences under
Clause 1 of this Article.

3. Within 5 working days
after collecting documents and evidences, the court shall notify involved
parties of the collection so that they can exercise the right to access such
documents and evidences under Clause 1 of this Article.

Chapter
VII

PROVISION,
DELIVERY OR NOTIFICATION OF PROCEDURAL DOCUMENTS

Article
99. Obligation to provide, deliver or
notify procedural documents

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Article
100. Procedural documents to be provided,
delivered or notified

1. Written notices,
summons and invitations in the administrative procedures.

2. Court judgments and
rulings.

3. Protests of
procuracies; documents of civil judgment enforcement agencies.

4. Other procedural
documents required by law to be provided, delivered or notified.

Article
101. Persons conducting the provision,
delivery or notification of procedural documents

1. Procedure-conducting
persons or persons of procedural document-issuing agencies who are assigned to
provide, deliver or notify procedural documents.

2. Persons with the
delivering function.

3. 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.

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5. Employees of post
service providers.

6. Other persons defined
by law.

Article 102. Modes of provision, delivery or notification of procedural
documents

1. Provision, delivery or
notification made directly, by post or through authorized third parties.

2. Provision, delivery or
notification made through electronic media at the request of involved parties
or other procedure participants in accordance with the law on e-transactions.

3. Public posting.

4. Announcement in the
mass media.

5. Provision, delivery or
notification by other modes specified in Article 303 of this Law.

Article
103. Validity of provision, delivery or
notification of procedural documents

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2. Persons obliged to
provide, deliver or notify procedural documents shall comply with this Law.

Article
104. Procedures for provision, delivery or
notification of procedural documents

Persons conducting the
provision, delivery or notification of procedural documents shall directly hand
over these documents to relevant eligible persons. Persons to whom procedural
documents are provided, delivered or notified or who are authorized to provide,
deliver or notify these documents shall sign written records or books of
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
105. Procedures for provision, delivery or
notification through electronic media

The provision, delivery
or notification of procedural documents through electronic media must comply
with the law on e-transactions.

The Supreme People’s
Court shall guide the implementation of this Article.

Article
106. 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 have moved to new
places of residence and who have notified such to the court, procedural
documents shall be provided, delivered or notified to such persons at their new
places of residence.

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4. In case persons to
whom procedural documents are provided, delivered or notified are absent, the
providers, deliverers or notifiers shall hand over such documents to relatives
who have full civil act capacity and live in the same places of residence with
them or to street quarter heads who shall sign the receipts of such documents,
and request the latter to undertake to immediately hand them over to the
persons to whom procedural documents are provided, delivered or notified.

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 notifiers shall make a written record of failure to provide, deliver or
notify procedural documents, with certification by street quarter heads or
representatives of commune-level police offices; and concurrently carry out
procedures for publicly posting documents which need to be delivered under
Article 108 of this Law.

Article 107. Procedures for direct provision, delivery or notification
to agencies and organizations

In case persons to whom
procedural documents are provided, delivered or notified are agencies or
organizations, procedural documents shall be handed over directly to their
at-law 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 the procedures or appoint their representatives to receive
procedural documents, these representatives shall sign the receipts of these
documents. The date of signing the receipt shall be regarded as the date of
provision, delivery or notification.

Article 108. Procedures for public posting

1. The public posting of
procedural documents shall be conducted when the direct provision, delivery or
notification is impossible under Articles 106 and 107 of this Law.

2. The public posting of procedural
documents shall be conducted directly by the court or persons with the
delivering function authorized by the court, or commune-level People’s
Committees of localities in which involved parties reside according to the
following procedures:

a/ Posting originals of
procedural documents at courthouses or head offices of commune- level People’s
Committees of localities where individuals to whom such documents are provided,
delivered or notified reside or last reside or where agencies or organizations to
which such documents are provided, delivered or notified are based or last
based;

b/ Posting copies of
procedural documents in places or last places of residence of individuals 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;

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3. The duration of public
posting of a procedural document is 15 days counting from the date this
document is publicly posted.

Article
109. Procedures for announcement in the
mass media

1. The announcement in
the mass media shall be conducted only when it is so prescribed 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 other involved parties. In this
case, involved parties requesting the announcement in the mass media shall bear
expenses therefor.

3. An announcement in the
mass media shall be published on the e-portal (if any) of the court and a
central daily for three consecutive issues and broadcast on a central radio or
television three times in three consecutive days.

Article
110. Notification of results of provision,
delivery or notification of procedural documents

Persons conducting
provision, delivery or notification of procedural documents who are neither
procedure-conducting persons nor employees of procedural document-issuing
agencies shall promptly notify’ results of such provision, delivery or
notification of procedural documents to the court or agencies issuing these
documents.

Chapter
VIII

DISCOVERY,
AND RECOMMENDATION ON AMENDMENT, SUPPLEMENTATION OR ANNULMENT, OF LEGAL
DOCUMENTS IN THE COURSE OF SETTLEMENT OF ADMINISTRATIVE CASES

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1. In the course of
settlement of an administrative case, if the court discovers a legal document
relevant to the settlement showing signs of contravention of the Constitution, a
law or a legal document of a superior state agency:

a/ In case a decision to
bring the case to trial has not yet been issued, the chief justice of the court
currently settling the case shall make recommendations according to his/her
jurisdiction or request a competent person specified in Article 112 of this Law
to do so;

b/ In case a decision to
bring the case to trial has been issued or the case is being examined according
to the cassation or reopening procedures, the trial panel shall request the
chief justice of the court currently settling the case to make recommendations
or request a competent person specified in Article 112 of this Law to do so.

2. A written
recommendation or request for a competent person’s recommendation on amendment,
supplementation or annulment of a legal document must have the following
principal contents:

a/ Name of the court
issuing the written recommendation or request;

b/ Summarized contents of
the case and legal matters which shall be dealt with to settle the case;

c/ Title, serial number
and date of the legal document relevant to the case settlement and recommended
to be amended, supplemented or annulled;

d/ Analysis of provisions
of the legal document showing signs of contravention of the Constitution, a law
or a legal document of a superior state agency;

dd/ The court’s
recommendation on, or request for, amendment, supplementation or annulment of
the legal document.

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Article
112. Competence to recommend amendment,
supplementation or annulment of legal documents

1. Chief justices of
district-level courts may recommend amendment, supplementation or annulment of
legal documents of state agencies at the district level or lower level; propose
chief justices of provincial-level courts to amend, supplement or annul legal
documents of provincial- level state agencies; and report to chief justices of
provincial-level courts for proposing the Chief Justice of the Supreme People’s
Court to recommend amendment, supplementation or annulment of legal documents
of central state agencies.

2. Chief justices of
provincial-level courts and superior people’s courts may recommend amendment,
supplementation or annulment of legal documents of state agencies at the
provincial level or lower levels; and propose the Chief Justice of the Supreme
People’s Court to recommend amendment, supplementation or annulment of legal
documents of central state agencies.

3. The Chief Justice of
the Supreme People’s Court may recommend amendment, supplementation or
annulment of legal documents of central state agencies on his/her own
initiative or at the proposal of chief justices of courts specified in Clauses
I and 2 of this Article.

4. In case the trial
panel discovers at the court hearing a legal document showing signs of
contravention of the Constitution, a law or a legal document of a superior
state agency, it shall report such in writing to the chief justice specified in
Clause 1,2 or 3 of this Article for the latter to exercise the right to make
recommendations. In this case, the trial panel may suspend the court hearing
under Point d, Clause I, Article 187 of this Law pending opinions of the chief
justice or suspend the settlement of the case upon receiving a written
recommendation of the chief justice of the competent court specified at Point
e, Clause 1, Article 141 of this Law.

Article
113. Responsibility to respond to
proposals for recommendation on amendment, supplementation or annulment of
legal documents

Within 10 days after
receiving a written request specified in Article 111 of this Law, the chief
justice with the recommending competence shall consider and respond to it as
follows:

1. In case the proposal
is grounded, he/she shall make and send a written recommendation to the
competent state agency to amend, supplement or annul the legal document in
question and notify such to the proposing court so that the latter can issue a
decision to suspend the settlement of the case.

2. In case the proposal
is groundless, he/she shall issue a written reply to the proposing court for
continued settlement of the case in accordance with law.

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An agency receiving a
court’s recommendation on amendment, supplementation or annulment of a legal
document shall realize such recommendation as follows:

1. Within 30 days after
receiving a written recommendation of the chief justice of a court specified in
Article 112 of this Law, on a legal document detailing or guiding the
Constitution, a law or a legal document of a superior state agency, the agency
that has issued such legal document shall consider and issue a written reply to
the recommending court. Past that time limit, if receiving no reply, the court
may apply a document of higher legal validity to settle the case.

2. The response to
recommendations on amendment, supplementation or annulment of laws or
resolutions of the National Assembly or ordinances or resolutions of the
National Assembly Standing Committee must comply with law.

Chapter
IX

INSTITUTION
AND ACCEPTANCE OF LAWSUITS

 

1. Agencies, organizations
or individuals may institute 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
law-prescribed time limit for complaint settlement or they disagree with the
settlement of their complaints about these decisions or acts.

2. Individuals and
organizations may institute 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 lawsuits over voter lists in case they have filed complaints with
agencies competent to settle complaints but their complaints remain unsettled
upon the expiration of the law-prescribed time limit for complaint settlement
or they disagree with the settlement of their complaints.

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1. The statute of
limitations for lawsuit institution means a time limit within which agencies,
organizations or individuals may institute lawsuits to request courts settling
administrative cases in order to protect their infringed lawful rights and
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 in each case is:

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 on settlement of a complaint about a decision on
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 an involved
party files a complaint in accordance with law with a state agency or person
competent to settle complaints, the statute of limitations for instituting a
lawsuit is:

a/ One year from the date
of receipt of or knowledge about the first-time or second-time complaint
settlement decision;

b/ One year from the date
of expiration of the law-prescribed time limit for complaint settlement, in
case the competent state agency or person fails to settle the complaint and
issues no reply to the complainant.

4. In case a plaintiff
cannot institute a lawsuit within the time limit prescribed at Point a or b,
Clause 2 of this Article due to a force majeure event or 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.

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Article 117. Procedures for instituting lawsuits

1. When wishing to
institute an administrative lawsuit, an agency, organization or individual
shall make a lawsuit petition under Article 118 of this Law.

2. Individuals with the
full administrative procedure act capacity may make lawsuit petitions by
themselves or ask others to do so for them. The items of the plaintiff’s name
and address in a petition shall be filled with the individual’s full name and
address. The individual shall give his/her signature or press his/her
fingerprint on the bottom of the petition.

3. Lawful representatives
of individuals who are minors, have lost their civil act capacity, have their
civil act capacity restricted or meet difficulties in cognizing or controlling
their acts may make lawsuit petitions by themselves or ask others to do so. The
items of the plaintiff’s name and address in a petition shall be filled with
the full name and address of the lawful representative of such an individual.
The lawful representative shall give his/her signature or press his/her
fingerprint on the bottom of the petition.

4. Individuals falling in
the cases specified in Clauses 2 and 3 of this Article who are illiterate, have
vision disability or are unable to make lawsuit petitions by themselves or to
give their signatures or press their fingerprints on petitions may ask others
to make lawsuit petitions to the witness of individuals with the full
administrative procedure act capacity who shall give signatures on such
petitions.

5. Lawful representatives
of agencies or organizations that are plaintiffs may make lawsuit petitions by
themselves or ask others to do so. The items of the plaintiff’s name and
address in a petition shall be filled with the name and address of the agency
or organization and the full name and position of the lawful representative of
such agency or organization. The lawful representative of the agency or
organization shall give his/her signature and append the seal of the agency or
organization on the bottom of the petition. In case the plaintiff is an
enterprise, the use of its seal must comply with the Law on Enterprises.

Article
118. Lawsuit petitions

1. A lawsuit petition
must contain the following principal contents:

a/ Date of its making;

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c/ Names, addresses,
telephone numbers, facsimile numbers and email addresses (if any) of the
plaintiff, defendant and persons with related interests and obligations;

d/ Contents of the
administrative decision, 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 a brief
description of the administrative act;

dd/ Contents of the
complaint settlement decision (if any);

e/ 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 enclosed with documents and evidences proving the infringed lawful
rights and interests of plaintiffs. In case plaintiffs cannot fully enclose
documents and evidences with their lawsuit petitions for objective reasons,
they shall submit existing documents and evidences to prove their infringed
lawful rights and interests. Plaintiffs shall additionally provide other
documents and evidences on their own initiative or at the request of the court
in the course of settlement of the case.

Article
119. Sending of lawsuit petitions to the
court

Plaintiffs shall send
their lawsuit petitions and enclosed documents and evidences to the court that
has jurisdiction to settle cases by any of the following modes:

a/ Direct filing at
court;

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c/ Sending through the
court’s e-portal (if any).

Article
120. Determination of date of
administrative lawsuit institution

1. In case a plaintiff
directly files a lawsuit petition at a competent court, the date of lawsuit
institution is the date of filing the petition.

2. In case a plaintiff
sends a lawsuit petition online, the date of lawsuit institution is the date of
sending the petition.

3. In case a plaintiff
sends by post a lawsuit petition to a court, the date of lawsuit institution is
the date of postmark of the postal service provider from which the petition is sent.
In case the date on the postmark is unidentified, the date of lawsuit
institution is the date the plaintiff leaves the petition at the postal service
provider’s. The plaintiff shall prove the date he/she leaves his/ her petition
at the postal service provider’s, otherwise the date of lawsuit petition is the
date the court receives the petition delivered by the postal service provider.

4. In case an accepted
lawsuit is transferred to another court under Clause 1, Article 34 or Clause 3,
Article 165 of this Law, the date of lawsuit institution is the date the
petition is sent to the court that ultra vires accepted the lawsuit, and shall
be determined under Clause 1, 2 or 3 of this Article.

Article
121. Receipt and examination of lawsuit
petitions

1. The court shall
receive lawsuit petitions filed directly at its petition-receiving unit or sent
by post by plaintiffs and shall record them in the petition register. If
receiving a petition sent online, the court shall print it out and record it in
the petition register.

The receipt of lawsuit
petitions shall be recorded in the petition register and notified on the
court’s e-portal (if any).

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3. Within 3 working days
after receiving a lawsuit petition, the chief justice of the court shall assign
a judge to examine it.

4. Within 3 working days
after being assigned, the judge shall examine the lawsuit petition, and decide
to:

a/ Request modification
or supplementation of the petition;

b/ Carry out procedures
for accepting the case according to general procedures or summary procedures if
the case fully satisfies the conditions prescribed in Clause 1, Article 246 of
this Law;

c/ Transfer the lawsuit
petition to a court having jurisdiction to settle it and notify such to the
plaintiff if the case falls under the jurisdiction of another court; or,

d/ Return the lawsuit
petition to the plaintiff, in any of the cases specified in Clause 1, Article
123 of this Law.

4. The result of the
petition settlement by a judge specified in Clause 3 of this Article shall be
notified to the plaintiff, recorded in the petition register and notified in
the court’s e-portal (if any).

Article
122. Request for modification or
supplementation of lawsuit petitions

1. After receiving a
lawsuit petition, if finding that such petition does not contain all the
details specified in Clause 1. Article 118 of this Law, the judge shall notify
such in writing to the plaintiff, clearly indicating details which need to be
modified or supplemented, for petition modification or supplementation within
10 days after the plaintiff receives the court’s notice.

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3. In case the plaintiff
has modified or supplemented his/her lawsuit petition under Clause 1, Article
118 of this Law, the judge shall continue accepting the case for settlement. If
the plaintiff fails to modify or supplement his/her lawsuit petition as
requested by the judge, the judge shall return the petition and enclosed
documents and evidences to the plaintiff.

Article 123. Return of lawsuit petitions

1. The judge 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 plaintiff files
the lawsuit petition with the court when failing to satisfy one of the
law-prescribed conditions for instituting lawsuits.

d/ The matter has been
settled with a legally effective court judgment or ruling;

dd/ The matter does not
fall under the jurisdiction of the court;

e/ The plaintiff chooses
to have the case or matter settled according to complaint settlement procedures
in the case specified in Article 33 of this Law;

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h/ The plaintiff fails to
produce a receipt of legal cost advance to the court upon the expiration of the
notified time limit specified in Clause 1, Article 125 of this Law, unless the
plaintiff is exempted from legal cost advance, is not required to pay legal
cost advance or has a plausible reason for such failure.

2. When returning the
lawsuit petition and enclosed documents and evidences to the plaintiff, the
judge shall make a document clearly stating the reason for the return. This
document shall be sent immediately to the same-level procuracy.

Copies of lawsuit
petitions and enclosed documents and evidences returned by the judge to
plaintiffs shall be made and kept at the court for use as a basis for
settlement of complaints and recommendations when so requested.

Article
124. Complaints and recommendations about
the return of lawsuit petitions and settlement thereof

1. Within 7 days after
receiving a document on return of the lawsuit petition, the plaintiff may file
a complaint while the procuracy may file a recommendation with the court that
has returned the petition.

2. Right after receiving
a complaint or recommendation about the return of a lawsuit petition, the chief
justice shall assign a judge to consider and settle such complaint or
recommendation.

3. Within 5 working days
after being assigned, the judge shall hold a session to consider and settle the
complaint or recommendation. This session shall be attended by representatives
of the same-level procuracy and complaining involved parties. In case the
plaintiff or procurator is absent, the judge shall still proceed with the
session.

4. Based on documents and
evidences related to the return of the lawsuit petition and opinions of the
representatives of the procuracy and complaining plaintiff at the session, the
judge shall decide to:

a/ Uphold the return of
the lawsuit petition and notify such to the plaintiff or the same- level
procuracy; or,

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5. Within 7 days after
receiving the judge’s decision on response to the complaint or recommendation
about the return of the lawsuit petition, the plaintiff may file a complaint or
the procuracy may file a recommendation with the chief justice of the immediate
superior court for consideration and settlement.

6. Within 10 days after
receiving a complaint or recommendation about the return of a lawsuit petition,
the chief justice of the immediate superior court shall decide to:

a/ Uphold the return of
the lawsuit petition; or,

b/ Request the
first-instance court to receive back the lawsuit petition and enclosed
documents and evidences for acceptance of the case.

Complaint or
recommendation settlement decisions of chief justices of immediate superior
courts are final. Such a decision shall be immediately sent to the plaintiff,
the same-level procuracy, the procuracy that has made the recommendation and
the court that has issued the decision on return of the lawsuit petition.

Article 125. Acceptance of cases

1. After receiving the
lawsuit petition and enclosed documents and evidences, if finding that the case
falls under the jurisdiction of the court, the assigned judge shall notify such
to the plaintiff for payment of legal cost advance. In case the plaintiff is
exempt from, or not required to pay, legal cost advance, the assigned judge
shall notify the plaintiff of the acceptance of the case.

Within 10 days after
receiving a notice of legal cost advance payment, the plaintiff shall pay the
legal cost advance and produce the legal cost advance receipt to the court.

2. The assigned judge
shall accept the case on the date the plaintiff produces the legal cost advance
receipt. In case the plaintiff is exempt from, or not required to pay, legal
cost advance, the date of case acceptance is the date the judge notifies the
plaintiff of the acceptance. The acceptance of the case shall be recorded in
the acceptance register.

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a/ If the lawsuit
petition has not yet been returned, the judge shall accept the case for
settlement;

b/ If the lawsuit
petition has been returned and the plaintiff can prove that he/she has paid the
legal cost advance within the prescribed time limit but produces the legal cost
advance receipt to the court after the expiration of the prescribed time limit
due to a force majeure event or an objective obstacle, the judge shall request
the plaintiff to file the lawsuit petition and enclosed documents and evidences
again for acceptance of the case. In this case, the date of lawsuit institution
is the date of filing the lawsuit petition for the first time;

c/ In case the plaintiff pays the legal cost advance and
produces the legal cost advance receipt to the court after the judge returns
the lawsuit petition not due to a force majeure event or an objective obstacle,
the judge shall request the plaintiff to file the lawsuit petition and enclosed
documents and evidences again for acceptance of the case. In this case, the
date of lawsuit institution is the date of filing the lawsuit petition again.

4. In case the plaintiff
fails to produce the legal cost advance receipt to the court upon the
expiration of the time limit prescribed in Clause 1 of this Article, the court
shall notify him/her of non-acceptance of the case for the reason of his/her
failure to pay the legal cost advance. In this case, the plaintiff may file the
lawsuit petition again provided the statute of limitations for lawsuit
institution has not expired.

5. After the judge
accepts the case, if the court receives an independent claim of a person with
related interests and obligations under Article 129 of this Law for settlement
in the same administrative case, the date of acceptance of the case shall be
determined as follows:

a/ In case the person
with related interests and obligations is exempt from, or not required to pay,
the legal cost advance, the date of acceptance of the case is the date the
court receives the independent claim of the person with related interests and
obligations and enclosed documents and evidences;

b/ In case the person
with related interests and obligations is required to pay the legal cost
advance, the date of acceptance of the case is the date this person produces
the legal cost advance receipt to the court;

c/ In case more than one
person with related interests and obligations make independent claims, the date
of acceptance of the case is the date the court receives the last claim, if
these persons are all exempt from, or are not required to pay, the legal cost
advance, or the date the last legal cost advance receipt is produced to the
court, if these persons are required to pay the legal cost advance.

6. When receiving a legal
cost advance receipt of an involved party, the court shall give him/her a
written certification that it has received the legal cost advance receipt.

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1. Within 3 working days
after accepting a case, the judge who has accepted such case shall notify in
writing the defendant and persons with interests and obligations related to the
settlement of the case and the same-level procuracy of the court’s acceptance
of the case and publicly notify it on the court’s e-portal (if any).

2. A notice must have the
following principal details:

a/ Date of making the
notice;

b/ Name and address of
the court that has accepted the case;

c/ Names and addresses of
the plaintiff and defendant;

d/ Specific matters which
are requested by the plaintiff to be settled by the court;

dd/ Whether the case is
accepted according to general procedures or summary procedures;

e/ List of documents and
evidences enclosed by the plaintiff with the lawsuit petition;

g/ Time limit for the
defendant and persons with related interests and obligations to submit to the
court their written opinions on the claim(s) of the plaintiff and enclosed
documents and evidences or on independent claim(s) (if any);

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Article
127. Assignment of judges to settle cases

1. Based on a case
acceptance report of a judge assigned to accept a case, the chief justice shall
decide to assign a judge to settle the case on the principles of impartiality,
objectivity and random choice.

2. Within 3 working days
after the date of acceptance of a case, the chief justice shall decide to
assign a judge to settle the case.

For a complicated case
requiring a prolonged duration of settlement, the chief justice shall assign an
alternative judge to ensure trial is conducted within the time limit prescribed
in this Law.

3. In the course of
settlement of a case, if the assigned judge cannot continue with the assigned
duty, the chief judge shall assign another judge to continue the duty. When the
trial is underway without an alternative judge, the case shall be retried from
the beginning and the retrial shall be notified to involved parties and the
same-level procuracy.

Article
128. Rights and obligations of notified
persons

1. Within 10 days after receiving
a notice, the defendant and persons with related interests and obligations
shall submit to the court their written opinions on the claim(s) of the
plaintiff and enclosed documents and evidences or on independent claim(s) (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 application for extension is
grounded, the court shall give a single extension of not more than 7 days.

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 prescribed in
Clause 1 of this Article without a plausible reason, the court shall continue
settling the case in accordance with this Law.

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4. Within 10 days after
receiving a notice, the procuracy shall assign a procurator and an alternative
procurator (if any) to perform the duty and notify such to the court.

Article
129. 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 the 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. Persons with related
interests and obligations may make independent claims until the opening of a
session to check the handover of, access to, and disclosure of evidences and
dialogues.

Procedures for making
independent claims must comply with this Law’s provisions on procedures for
initiating lawsuits by plaintiffs.

Chapter
X

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Article
130. Time limit for trial preparation

The time limit for preparation
for trial of a case, except cases to be tried according to summary procedures,
cases involving foreign elements and cases involving lawsuits over voter lists,
is prescribed as follows:

1. Four months after the
date of case acceptance, for the case specified at Point a, Clause 2, Article
116 of this Law;

2. Two months after the
date of case acceptance, for the case specified at Point b, Clause 2, Article
116 of this Law;

3. For complicated cases
or cases encountering objective obstacles, the chief justice may decide to
extend the time limit for trial preparation only once for not more than 2
months, for the case specified in Clause 1 of this Article, and for not more
than 1 month, for the case specified in Clause 2 of this Article;

4. In case of a decision
to suspend the settlement of a case, the time limit for trial preparation shall
be recounted from the date the court’s decision to resume the settlement of the
case takes legal effect.

Article
131. Duties and powers of judges in the
stage of trial preparation

1. To make the case file.

2. To request involved
parties to additionally submit documents, evidences and written opinions with
regard to the plaintiff’s claims to the court; to request the plaintiff to
submit copies of documents and evidences to the court for sending to involved
parties.

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4. To decide on the
application, change or cancellation of provisional urgent measures.

5. To hold a session to
check the handover of, access to, and disclose of evidences and dialogues in
accordance with this Law, except for cases settled according to summary
procedures and cases involving lawsuits over voter lists.

6. To decide to:

a/ Bring the case to
trial;

b/ Suspend the settlement
of the case; or,

c/ Terminate the
settlement of the case.

Article
132. Making of administrative case files

1. An administrative case
file must comprise a lawsuit petition and documents and evidences of involves
parties and other procedure participants; documents and evidences related to
the case which are collected by the court; and procedural documents of the
court and procuracy on the settlement of the administrative case.

2. Documents and papers
in an administrative case file must have their entry numbers, be arranged by
date of entry and kept, managed and used in accordance with law.

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1. Time limits for
handing over documents .and evidences must comply with Clause 4. Article 83 of this
Law.

2. In case an involved
party hands over documents and evidences previously required by the court after
the issuance of a decision to bring the case to trial according to
first-instance procedures, such involved party shall state the reason for late
handover. For documents and evidences not previously required by the court to
be handed over by the involved party or documents and evidences which the
involved party cannot know in the course of settlement of the case according to
first-instance procedures, the involved party may hand over or present them at
the first-instance court hearing.

Article
134. Principles of dialogue

1. Within the time limit
for first-instance trial preparation, the court shall hold dialogues for
involved parties to reach agreement on the settlement of the case, except for
cases in which dialogues cannot be held, cases involving lawsuits over voter
lists or cases tried according to summary procedures specified in Articles 135,
198 and 246 of this Law.

2. A dialogue shall be
held on the following principles:

a/ Publicity, democracy
and respect for opinions of involved parties are guaranteed;

b/ It is prohibited to
force involved parties to settle the administrative case against their will;

c/ Contents and results
of the successful dialogue between involved parties are not contrary to law and
social ethics.

Article
135. Administrative cases for which
dialogues cannot be held

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2. Involved parties are
unable to participate in the dialogue for plausible reasons.

3. Involved parties agree
to request the dialogue not to be held.

Article
136. Notification of sessions to check the
handover of, access to, and disclosure of evidences and dialogues

1. Before holding a
session to check the handover of, access to, and disclosure of evidences and
dialogues between involved parties, the judge shall notify involved parties,
their lawful representatives and defense counsels of their lawful rights and
interests of the time, venue and contents of the session.

2. For an administrative
case for which dialogues cannot be held under Article 135 of this Law, the
judge shall hold a session to check the handover of, access to, and disclosure
of evidences without having to hold a dialogue.

Article
137. Participants in sessions to check the
handover of, access to, and disclosure of evidences and dialogues

1. Participants in a
session include:

a/ Judge who chairs the
session;

b/ Secretary who makes
the session minutes;

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d/ Defense counsels of
lawful rights and interests of involved parties (if any);

dd/
Interpreter(s) (if any).

2. When necessary, the judge
may request related agencies, organizations and individuals to participate in
the session.

3. For a case involving
many parties, some of them are absent, and if the present involved parties
still agree on holding a session which will not affect rights and obligations
of the absent ones, the judge shall proceed the session between the present
involved parties. If involved parties request postponement of the session so
that all involved parties of the case can be present at the session, the judge
shall postpone the session and notify in writing the involved parties of the
postponement and resumption of the session.

Article
138. Proceedings of sessions to check the
handover of, access to, and disclosure of evidences and dialogues

1. Before opening a session,
the session secretary shall report to the judge on the presence or absence of
session participants notified by the court. The judge chairing the session
shall check the presence and personal identifications of present persons again
and notify involved parties of their rights and obligations in accordance with
this Law.

2. When checking the
handover of, access to, and disclosure of evidences, the judge shall disclose
documents and evidences included in the case file and question involved parties
about the following matters:

a/ Requirements and scope
of lawsuit institution, and modification, supplementation, change or withdrawal
of lawsuit institution claims; matters already agreed by involved parties, and
those not yet agreed and requested to be settled by the court;

b/ Handover of documents
and evidences to the court and sending of documents and evidences to other
involved parties;

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d/ Other matters which
involved parties find necessary.

3. After involved parties
fully present their opinions, the judge shall consider those opinions and
settle requests of involved parties regarding the matters specified in Clause 2
of this Article. The court shall notify session results to the absent involved
parties.

4. After completely
checking the handover of, access to, and disclosure of evidences under Clause 2
of this Article, the judge shall carry out procedures for a dialogue as
follows:

a/ The judge shall inform
involved parties of regulations relevant to the settlement of the case so that
they can relate such regulations to their rights and obligations, and analyze
legal consequences of the dialogue so that involved parties can voluntarily
reach agreement on the settlement of the case;

b/ The plaintiff shall
additionally explain his/her claim to institute the lawsuit and grounds to
defend such claim and present his/her viewpoint on the way to settle the case
(if any);

c/ The defendant shall
additionally explain his/her opinions on the claim of the plaintiff, grounds
for issuance of the administrative decision or performance of the
administrative act over which a lawsuit is instituted, and propose the way to
settle the case (if any);

d/ Persons with interests
and obligations related to the case shall additionally explain or give their
opinions on settlement of parts of the case related to them (if any);

dd/ Defense counsels of
lawful rights and interests of involved parties or other participants in the
dialogue session (if any) give their opinions;

e/ On a case-by-case
basis, the judge shall request involved parties to identify relevant legal or
administrative documents in order to assess the legality of the administrative
decision or act over which the lawsuit is instituted, and concurrently check
the legal effect of such documents. The judge may analyze contents of relevant
legal or administrative documents so that involved parties may be properly
aware of such documents before making their choices and decisions on the
settlement of the case;

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h/ The judge shall make
conclusions on matters already agreed and those not yet agreed by involved
parties.

5. The secretary of a
session to check the handover of, access to, and disclosure of evidences and
dialogues shall make a minutes recording proceedings of the session.

Article
139. Minutes of sessions to check the
handover of, access to, and disclosure of evidences; minutes of dialogues

1. The minutes of a
session to check the handover of, access to, and disclosure of evidences must
have the following details:

a/ Date of the session;

b/ Venue of the session;

c/ Session participants;

d/ Opinions of involved
parties or their lawful representatives and defense counsels of their lawful
rights and interests on the matters specified in Clause 2, Article 138 of this
Law;

dd/ Other contents;

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2. The minutes of a dialogue
must have the following details:

a/ The contents specified
at Points a, b and c, Clause 1 of this Article;

b/ Opinions of involved
parties or their lawful representatives and defense counsels of their lawful
rights and interests;

c/ Matters already agreed
and those not yet agreed by involved parties.

3. In cases specified in
Article 135 of this Law in which dialogues cannot be held, minutes shall be
made under Clause I of this Article.

4. A minutes must bear
all signatures or fingerprints of session participants, of the session
secretary who makes it and of the judge chairing the session. Session
participants may access the session minutes right after the session is
concluded, request the recording of modifications or supplementations in the
minutes and give their signatures or fingerprints for certification.

Article
140. Handling of dialogue results

1. After the dialogue, if the plaintiff still retains the
lawsuit institution claim, the defendant still upholds the decision or act over
which the lawsuit is instituted and persons with related interests and
obligations that have independent claims still retain their claims, the judge
shall carry out procedures for opening a court hearing to try the case.

2. After the dialogue, if
the plaint! ff voluntarily withdraws the lawsuit petition, the judge shall make
a written record of such voluntary withdrawal and issue a decision to terminate
the settlement of the case with regard to the claim of the plaintiff. The
plaintiff may reinstitute the lawsuit if the statute of limitations for lawsuit
institution has not yet expired.

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If receiving the new
administrative decision or document on withdrawal of the lawsuit petition, the
court shall notify such to other involved parties. Within 7 days after being
notified by the court, if involved parties have no objection, the judge shall
issue a decision to recognize the successful dialogue result and terminate the
settlement of the case and promptly send it to involved parties and the
same-level procuracy. This decision takes effect for execution immediately and
shall not be appealed or protested against according to appellate procedures.
In case there is a ground to believe that the involved parties have reached an
agreement and made their commitments due to a mistake, fraudulence or
intimidation or in contravention of law or social ethics, the court’s decision
may be reviewed according to cassation procedures.

Article
141. Suspension of the settlement of cases

1. The court shall decide
to suspend the settlement of a case when:

a/ An involved party
being an individual dies or an agency or organization is dissolved or declared
bankrupt without any individual, agency or organization to inherit his/her/its
procedural rights and obligations;

b/ An involved party has
lost his/her civil act capacity or is a minor whose at-law representative is
not yet identified;

c/ An involved party is absent
for a plausible reason upon the expiration of the time limit for trial
preparation, except where the case may be tried in the absence of such involved
party;

d/ It is necessary to
await results of settlement by other agencies or settlement results of other
related cases;

dd/ It is necessary to
await results of additional examination or re-examination; results of
performance of judicial mandate, mandated collection of evidences, or provision
by agencies or organizations of documents and evidences at its request for the
settlement of the case;

e/ It is necessary to
await results of handling of legal documents related to the settlement of the
case showing signs of contravention of the Constitution, a law or legal
document of a superior state agency which is recommended in writing by the
court to be amended, supplemented or annulled by a competent agency.

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Article
142. Consequences of the suspension of
settlement of 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 serial number
and date of the decision on suspension of the settlement of such case.

2. When the reason for
suspension specified in Article 141 of this Law no longer exists, the court
shall issue a decision on resumption of the settlement of the case and cancel
the suspension decision.

3. Legal cost advances
and fees paid by involved parties shall be handled when the court resumes the
settlement of the case.

4. During the period of
suspension of the settlement of a case, the judge assigned to settle the case
shall still be responsible for the case settlement.

After the decision on
suspension of the settlement of the case is issued under Clause 1, Article 141
of this Law, the judge assigned to settle the case shall monitor and urge
agencies, organizations or individuals to redress the reason for suspension as
soon as possible in order to promptly bring the case to settlement.

Article
143. Termination of settlement of cases

1. The court shall decide
to terminate the settlement of a case when:

a/ The plaintiff being an
individual dies while his/her rights and obligations are not inherited: or the
plaintiff being an agency or organization is dissolved or declared bankrupt
without any agency, organization or individual inheriting its procedural rights
and obligations;

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c/ The plaintiff
withdraws the lawsuit petition and persons with related interests and
obligations withdraw independent claims;

d/ The plaintiff fails to
make an advance for property valuation expenses and other procedural expenses
prescribed by law.

In case a person with
related interests and obligations makes an independent claim without making an
advance for property valuation expenses and other procedural expenses in
accordance with this Law, the court shall terminate the settlement of such
independent claim;

dd/ The plaintiff is
absent though he/she has been duly summoned twice, unless he/she/ it requests
the court to try the case in his/her/its absence or in case of a force majeure
event or an objective obstacle;

e/ The defendant annuls
the administrative decision, disciplinary decision on dismissal or decision on
settlement of a complaint about a decision on handling of a competition case,
or terminates the administrative act over which the lawsuit is instituted, and
the plaintiff agrees to withdraw the lawsuit petition while persons with
related interests and obligations who have made independent claims agree to
withdraw their claims;

g/ The statute of
limitations for lawsuit institution has expired;

h/ The cases specified in
Clause 1, Article 123 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 evidences to involved parties if they so request.

3. Decisions on
termination of the settlement of cases may be appealed or protested against
according to appellate procedures.

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1. When a decision on
termination of settlement of a case is issued, involved parties may not
institute a lawsuit requesting the court to resettle this case if the
subsequent lawsuit does not bring any difference from the previous one regarding
the plaintiff, defendant and disputed legal relation, except the cases subject
to termination under Points b, c and e, Clause 1, Article 123, and Points b and
dd, Clause 1, Article 143, of this Law and other cases specified by law.

2. Legal cost advances
and fees paid by involved parties shall be handled in accordance with the law
on legal cost and court fee.

Article
145. Competence to issue decisions on
suspension, resumption or termination of the settlement of cases

1. A judge assigned to
settle a case may issue a decision on suspension, resumption or termination of
the settlement of such case.

2. Within 3 working days
after the judge issues a decision specified in Clause 1 of this Article, the
court shall send such decision to involved parties and the same-level
procuracy.

Article
146. Decisions to bring cases to trial

1. A decision to bring a
case to trial must have the following principal details:

a/ Date and venue of
opening the court hearing;

b/ Public or
behind-closed-door trial;

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d/ Contents of the
lawsuit;

dd/ Full names of judges,
people’s assessors, court clerk and procurators, and of alternative judges,
people’s assessors, court clerk and procurators (if any).

2. A decision to bring a
case to trial shall be sent to involved parties and the same-level procuracy
immediately after it is issued.

Article
147. Sending of case files to the
procuracy

The court shall send case
files together with decisions to bring cases to trial to the same- level procuracy
for study. Within 15 days after receiving a case file, the procuracy shall
return it to the court.

Chapter
XI

FIRST-INSTANCE
COURT HEARINGS

Section
1. GENERAL REQUIREMENTS ON FIRST-INSTANCE COURT HEARINGS

Article
148. General requirements on first-instance
court hearings

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Article
149. Time limit for opening court hearings

Within 20 days after a
decision to bring a case to trial is issued, the court shall open a court
hearing. In case of a plausible reason, the time limit for opening a court
hearing may be extended but must not exceed 30 days.

Article
150. Venues of court hearings

Court hearings may be
held inside or outside courthouses but must ensure the solemnity and decoration
of courtrooms prescribed in Article 151 of this Law.

Article
151. Decoration of courtrooms

1. The national emblem of
the Socialist Republic of Vietnam shall be put up in the middle of the space
above the courtroom and seats of the trial panel.

2. The courtroom must
have areas exclusively reserved for the trial panel, procurator, court clerk,
involved parties, defense counsels of lawful rights and interests of involved
parties, other procedure participants and court hearing participants.

Article 152. Direct and oral trial

1. The trial shall be
conducted orally and proceed in courtrooms.

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Article
153. Internal rules of court hearings

1. When entering the
courtroom, everyone shall submit to security check by the force responsible for
protecting the court hearing.

2. It is prohibited to
bring into the courtroom weapons, explosives, flammables, toxic substances,
radioactive substances, objects banned from circulation, propaganda leaflets,
slogans and other documents and objects that may affect the solemnity of the
court hearing, except exhibits of the case to serve the trial or weapons and
supporting tools carried by competent persons to perform the duty of protecting the
court hearing.

3. Participants in the
court hearing summoned by the court shall produce their summons, invitations or
other related papers to the court clerk at the clerk desk at least 15 minutes
before the court hearing is opened and take their seats in the courtroom as
instructed by the court clerk. Those to come late shall produce their summons,
invitations or other related papers to the court clerk through the force
responsible for protecting the court hearing.

4. Journalists attending
the court hearing to report shall obey the presiding judge’s instructions on
the press box. Journalists who record speeches and take photos of the trial
panel shall obtain approval of the presiding judge. The recording of speeches
and taking of photos of involved parties and other procedure participants are
subject to consent of these persons.

5. All participants in a
court hearing must be properly dressed, show respect toward the trial panel,
keep order and obey instructions of the presiding judge.

6. Persons may not wear
hats and color glasses in the courtroom, unless they have plausible reasons and
are permitted by the presiding judge to do so; use of cell phones, smoking,
eating, drinking and other acts affecting the solemnity of the court hearing
are not allowed in the courtroom.

7. All participants in a court hearing who are summoned by
the court shall be present at the court hearing throughout the course of trial,
unless they are permitted by the presiding judge to leave the courtroom for
plausible reasons.

Under-16 persons may not
enter the courtroom, unless they are summoned by the court to participate in
the court hearing.

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9. 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 to stay seated for poor health.

Article
154. Composition of first-instance trial
panels

A first-instance trial
panel is composed of one judge and two people’s assessors, except the case
specified in Clause 1, Article 249 of this Law. A first-instance trial panel
may be composed of two judges and three people’s assessors in the following
cases:

1. A lawsuit is
instituted over an administrative decision or act of a provincial-level
People’s Committee or provincial-level People’s Committee chairperson which is
related to many subjects;

2. A complicated case.

Article
155. 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 assessor is absent or unable to continue participating in the trial of
the case but there is an alternative judge or people’s assessor 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 assessor to replace the absent member of the
trial panel under Clause 2 of this Article, the court hearing shall be
postponed.

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Article
156. Presence of procurators

1. Procurators who are
assigned by the chief procurator of the same-level procuracy shall participate in
a court hearing. If they are absent, the trial panel shall still proceed with
the court hearing.

2. In case a procurator
is replaced during, or unable to continue participating in, a court hearing but
there is an alternative procurator present at the court hearing from the
beginning, such alternative procurator may continue participating in the trial
of the case.

Article
157. Presence of involved parties, their
representatives and defense counsels of their lawful rights and interests

1. When being duly summoned
by the court for the first time, involved parties, their representatives and
defense counsels of their lawful rights and interests shall be present at the
court hearing. 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 lawful
rights and interests of the postponement of the court hearing.

2. When being duly
summoned by the court for the second time, involved parties, their
representatives and defense counsels of their lawful rights and interests must
be present at the court hearing. The case in which they are absent not for
force majeure events or objective obstacles shall be handled as follows:

a/ Plaintiffs or their
at-law representatives who have no representatives to participate in court
hearings shall be regarded as having waived their lawsuits and the court shall
issue decisions on termination of the settlement of cases with regard 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, the court shall
still conduct trial in their absence;

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d/ For defense counsels
of the lawful rights and interests of involved parties, the court shall still
conduct trial in their absence.

Article
158. 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,
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,
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 157 of this Law.

Article
159. Presence of witnesses

1. Witnesses are obliged
to participate in court hearings when summoned by the court to present
circumstances of cases which they know. In case witnesses are absent but have earlier
given their testimonies in person or sent their testimonies to the court,
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 are absent from the court hearing
without a plausible reason and their absence impedes the trial, they may be
escorted to the court hearing under decisions of the trial panel.

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1. Expert witnesses are
obliged to participate in court hearings when summoned by the court to clarify
matters related to the expert examination and expert examination conclusions.

2. In case expert
witnesses are absent, the trial panel shall decide to postpone the court
hearing or to continue with the trial.

Article 161. Presence of interpreters

1. Interpreters are
obliged to participate in court hearings when summoned by the court.

2. In case interpreters
are absent without any replacements, the trial panel shall decide to postpone
the court hearing.

Article
162. Postponement of court hearings

1. Cases in which a court
hearing shall be postponed:

a/ The cases specified in
Clauses 3 and 4, Article 155; Clause 1, Article 157; and Clause 2, Article 161,
of this Law;

b/ A trial panel member,
court clerk or interpreter is changed without any immediate replacement;

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2. Cases of postponement
of court hearings specified in Clauses 2, Article 159, and Clause 2, Article
160, of this Law.

Article
163. Duration of, decisions on and
competence for postponement of court hearings

1. The duration of
postponement of a first-instance court hearing must not exceed 30 days after
the trial panel issues the postponement decision, or 15 days for a
first-instance court hearing conducted according to summary procedures.

2. A decision on
postponement of a court hearing must have 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;

dd/ Time and venue for
resumption of the court hearing.

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4. After postponing a
court hearing, if the court cannot resume it at the time and venue indicated in
the court hearing postponement decision, it shall immediately notify the
same-level procuracy and procedure participants of the time and venue for
resuming the court hearing.

Article 164. 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 witness or interpreter, transfer the case, suspend or terminate the
settlement of the case, or postpone the court hearing shall be discussed and
passed in the deliberation room and made in writing.

3. A decision on other matters shall be discussed and passed
by the trial panel in the courtroom, is not required to be made in writing but
shall be recorded in the minutes of the court hearing.

Article
165. Suspension or termination of the
settlement of cases at court hearings

1. At a court hearing, if
any of the cases specified at Points a, b, c, d and e, Clause 1, Article 141 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 143 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.

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1. The minutes of a court
hearing must fully indicate the following contents:

a/ The contents specified
in Clause 1, Article 146 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 in accordance with this Law.

2. In addition to recording
the minutes, the court may audio-record and video-record 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 supplementations in the minutes and
sign it for certification.

Article
167. Preparations for opening of court hearings

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1. Announce internal
rules of the court hearing;

2. Check and identify 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. Maintain order in the
courtroom;

4. Order all people
present in the court room to rise when the trial panel enters the courtroom.

Article 168. Procedures for conducting trial in the absence of all
procedure participants

1. The court may base
itself on documents and evidences included in a case file to conduct trial in
the absence of involved parties or procedure participants in accordance with
this Law when the following conditions are fully satisfied:

a/ The plaintiff or
his/her/its lawful representative requests in writing trial to be conducted in
his/her/its absence;

b/ The defendant, a
person with related interests and obligations, or his/her/its lawful
representative requests in writing trial to be conducted in his/her/its absence
or is still absent after being duly summoned twice;

c/ The defense counsel of
lawful rights and interests of the plaintiff, defendant or person with related
interests and obligations requests in writing trial to be conducted in
his/her/its absence or is still absent after being duly summoned twice.

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3. The presiding judge of the court hearing shall briefly
announce contents of the case and documents and evidences included in the case
file. The trial panel shall discuss matters to be settled in the case.

4. The procurator shall present opinions of the procuracy.

5. The trial panel shall deliberate and pronounce judgments
in accordance with this Law.

Section
2. PROCEDURES FOR COMMENCING COURT HEARINGS

Article
169. 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 court hearing
participants 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 announce the rights and obligations of involved parties and other
procedure participants.

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6. The presiding judge
shall ask persons who have the right to request change of produce-conducting persons
and interpreters to see if they request any change; and ask persons who have
the right over expert witnesses about whether the expert witness has violated
the provisions of Clause 3, Article 63 of this Law.

7. The presiding judge
shall request witnesses to undertake to make truthful testimonies and bear
responsibility before law for their untruthful testimonies, except for
witnesses who are minors.

8. The presiding judge
shall request the expert witness and interpreter to undertake to provide accurate
examination results and verbatim interpretations.

Article
170. Response to requests for change of
procedure-conducting persons, expert witnesses and interpreters

In case there is a request
for change of a procedure-conducting person, an expert witness or an
interpreter at the court hearing, the trial panel shall consider and decide to
accept or reject the request in accordance with this Law. In case of rejection,
the reason shall be clearly stated and recorded in the minutes of the court
hearing.

In case there is an
opinion that an expert witness has violated one of the provisions of Clause 3,
Article 63 of this Law, the trial panel shall consider such opinion and decide
on reexamination in accordance with law if such opinion is grounded.

Article
171. 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 contact with related persons.

2. If testimonies of
involved parties and witnesses may influence one another, the presiding judge
of the court hearing may decide to isolate involved parties from the witness
before the latter is questioned.

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1. The presiding judge of
the court hearing shall ask the plaintiff about change, addition or withdrawal
of part or the whole of their lawsuit claims.

2. The presiding judge of
the court hearing shall ask persons with related interests and obligations that
have made independent claims about change, addition or withdrawal of part or
the whole of their independent claims.

Article
173. 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 the whole of their claims, the trial panel
shall accept the request and terminate the trial with regard to the withdrawn
part or whole of claims.

Article
174. Change of procedural status

In case the plaintiff
withdraws the whole of his/her/its lawsuit claim but persons with related
interests and obligations still retain their independent claims, the latter
shall become the plaintiff.

Section
3. ADVERSARY PROCESS AT COURT HEARINGS

Article
175. Contents and method of adversary
process at court hearings

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2. Adversary process at
court hearings shall be conducted under control by the presiding judge.

3. Presiding judges may
not limit the period of time for adversary process, shall create conditions for
participants in the adversary process to fully present their opinions but may
rule out opinions irrelevant to the case.

Article
176. Statements of involved parties

1. In case involved
parties retain their claims and viewpoints and cannot reach agreement on the
settlement of the case, the trial panel shall summarize contents of claims of
involved parties, notify conclusions made at the session to check the handover
of, access to, and disclosure of evidences and dialogues, matters to be
discussed in the adversary process, and request involved parties to make
statements on unclear or inconsistent matters in the following order:

a/ The defense counsel of
lawful rights and interests of the plaintiff shall make statements on unclear
or inconsistent matters and present evidences to prove that the plaintiff’s
claim is grounded and lawful. The plaintiff may make additional statements. In
case the plaintiff is an agency or organization, its representative shall make
statements on unclear or inconsistent matters and evidences to prove that the
lawsuit institution claim is grounded and lawful;

b/ The defense counsel of
lawful rights and interests of the defendant shall present the latter’s
statements on the claim of the plaintiff; requests and recommendations of the
defendant and evidences to prove that such requests are grounded and lawful.
The defendant may make additional statements;

c/ The defense counsels
of lawful rights and interests of persons with related interests and
obligations shall present the latter’s statements on requests and
recommendations of the plaintiff and defendant: their independent claims and
requests and evidences to prove that such requests are grounded and lawful.
Persons with related interests and obligations may make additional statements.

2. In case the plaintiff,
defendant and persons with related interests and obligations have no defense
counsel of their lawful rights and interests, they shall present by themselves
their requests and recommendations and evidences to prove that such requests
and recommendations are grounded and lawful.

3. At the court hearing,
involved parties and defense counsels of their lawful rights and interests may
only provide additional evidences under Clause 2, Article 133 of this Law to
prove their requests and recommendations.

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1. After listening to
statements of involved parties and defense counsels of their lawful rights and
interests under Article 176 of this Law, under the control by the presiding
judge, the order of questioning by the following persons shall be as follows:

a/ The plaintiff and
defense counsel of his/her/its lawful rights and interests shall raise
questions first, followed by the defendant and defense counsel of his/her/its
lawful rights and interests, persons with related interests and obligations and
defense counsels of their lawful rights and interests;

b/ Other procedure
participants;

c/ Presiding judge, people’s assessors;

d/ Procurators
participating in the court hearing.

2. Questions shall be
raised in a clear and serious manner and must not be identical, and it is prohibited
to take advantage of the questioning and answering to offend honor and dignity
of procedure participants.

Article 178. Questioning of plaintiffs

1. In case there are 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/ itself and the
defense counsel of his/her/its lawful rights and 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 lawful rights and
interests of these persons.

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Article
179. 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/ itself and the
defense counsel of his/her/its lawful rights and 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 lawful rights and
interests of these persons.

3. The defendant may
himself/herself/itself give answers or the defense counsel of his/ her/its
lawful rights and interests may give answers on his/her/its behalf, then
he/she/it shall give additional answers.

Article
180. 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 lawful rights and interests which remain
unclear, inconsistent or contradictory to their previous testimonies, or
contradictory to statements of the plaintiff, defendants and defense counsels
of the lawful rights and interests of these persons.

3. Persons with related
interests and obligations may themselves give answers or defense counsels of
their lawful rights and interests may give answers on their behalf, then they
shall give additional answers.

Article
181. Questioning of witnesses

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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 make their statements, they may only be
further questioned about matters which remain unclear, incomplete or
inconsistent in their statements or contradictory to their previous testimonies
or statements of involved parties or of defense counsels of the lawful rights
and interests of involved parties.

4. After making their
statements, witnesses shall stay in the courtroom so that they may be further
questioned.

5. When necessary to
ensure safety for 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.

6. Involved parties and
defense counsels of their lawful rights and interests shall question witnesses
after obtaining consent of the presiding judge.

Article
182. 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 in the stage
of trial preparation;

b/ Testimonies given by
procedure participants at the court hearing are contradictory to their previous
testimonies;

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2. In special cases where
it is necessary to keep state secrets, to preserve fine national customs and
practices, to keep professional secrets, business secrets or privacy secrets,
or to protect minors at the request of involved parties, the trial panel shall
not disclose documents included in the case file.

Article 183. Listening to audio tapes and disks and watching video
tapes and disks and other sound- or image-recording media

At the request of involved
parties, defense counsels of lawful rights and interests of involved parties,
other procedure participants or procurators or when finding it necessary, the
trial panel may play audio or video tapes and disks of other sound- or
image-recording media to be listened to or watched at the court hearing, except
the cases specified in Clause 2, Article 182 of this Law.

Article
184. Examination of material exhibits

1. Material exhibits,
photos or written certifications of exhibits shall be presented for examination
at the court hearing.

2. When finding it
necessary, the trial panel may go together with involved parties for onsite
examination of material exhibits which cannot be brought to the court hearing.

Article 185. Questioning of expert witnesses

1. The presiding judge of
the court hearing shall request expert witnesses to present their conclusions
on matters they are assigned to examine. During the presentation, expert
witnesses may explain their expert examination conclusions and grounds for
making these conclusions.

2. Procurators and
procedure participants present at the court hearing may give comments on expert
examination conclusions or ask about matters which remain unclear or
inconsistent in expert examination conclusions or contradictory to other
evidences of the case.

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4. If any procedure
participant disagrees with expert examination conclusions disclosed at the
court hearing and requests an additional examination or re-examination, if
finding the additional examination or re-examination unnecessary, the trial
panel shall continue the court hearing; if finding the additional examination
or re-examination necessary for the settlement of the case, the trial panel
shall decide on additional examination or re-examination and postpone the court
hearing to await results of additional examination or re-examination.

Article
186. 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 lawful rights and 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
187. Postponement of court hearings

1. During the trial, the
trial panel may postpone the court hearing when:

a/ A procedure-conducting
person can no longer conduct the court hearing due to his/her poor health, a
force majeure event or another objective obstacle, except where such person can
be replaced;

b/ A procedure
participant can no longer be present at the court hearing due to his/her poor
health, a force majeure event or another objective obstacle, except where such
person requests the trial to be conducted in his/her absence;

c/ Additional
verification or collection of documents and evidences is required for the
settlement of the case but cannot be conducted right at the court hearing;

d/ It is necessary to
report to the chief justice of the competent court for request for, or
recommendation on, amendment, supplementation or annulment of legal documents
under Article 111 of this Law;

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e/ Results of additional
examination or re-examination prescribed in Clause 4, Article 185 of this Law are
not available yet.

2. The postponement of a
court hearing shall be recorded in the minutes of the court hearing. The period
of postponement of a court hearing must not exceed 30 days after the trial
panel decides on postponement. The trial panel shall resume the court hearing
if the reason for its postponement no longer exists. Upon the expiration of
this period, if the reason for postponement of the court hearing is not yet
redressed, the trial panel shall issue a decision to suspend the settlement of
the case and notify in writing procedure participants and the same-level
procuracy of the time of resumption of the court hearing.

Article
188. Order for making statements during
argument

1. After the questioning,
arguments at the court hearing shall be made as follows:

a/ The defense counsel of
the lawful rights and interests of the plaintiff shall make statements. The
plaintiff may give additional opinions. In case the plaintiff is an agency or
organization, its representative shall make statements;

b/ The defense counsel of
the lawful rights and interests of the defendant shall make arguments and
counter-arguments. The defendant may give additional opinions;

c/ Defense counsels of
the lawful rights and interests of persons with related interests and
obligations shall make statements. Persons with related interests and
obligations may give additional opinions;

d/ Involved parties shall make arguments and counter-arguments
under control by the presiding judge;

dd/ When finding it necessary, the trial panel may request
involved parties to make additional arguments on specific matters to serve as a
basis for the settlement of the case.

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3. In case one of
involved parties or defense counsels of their lawful rights and interests of
involved parties and other procedure participants is absent from the court
hearing, the presiding judge shall disclose their testimonies and documents on
protection of lawful rights and interests of involved parties based on which
involved parties present at the court hearing shall make arguments and
counter-arguments.

Article
189. Making of statements during argument
and counter-argument

When making statements on
the assessment of evidences or presenting their viewpoints on the settlement of
the case, persons participating in the argument shall base themselves on
documents and evidences 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.

Article
190. Statements of procurators

After procedure
participants make their arguments and counter-arguments, the procurator shall
make statements on the compliance with the procedure law by judges, people’s
assessors, court clerk and procedure participants throughout the course of
settlement of the case, from the acceptance of the case to the time before the
deliberation by the trial panel, and on the settlement of the case.

Right after the
conclusion of the court hearing, the procurator shall send the document on
presentation of statements to the court for inclusion in the case file.

Article
191. Deliberation

1. After the argument,
the trial panel shall enter the deliberation room to make deliberation.

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 assessors 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.

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a/ Legality and grounds
in terms of presentation and contents of the administrative decision or the
performance of the administrative act over which the lawsuit is instituted;

b/ Legality in terms of
competence, order and procedures for issuance of the administrative decision or
performance of the administrative act;

c/ Statute of limitations
and time limit for issuance of the administrative decision or performance of
the administrative act;

d/ Relationship between the administrative decision or
administrative act and lawful rights and interests of the plaintiff and related
persons;

dd/ Legality and grounds
of relevant administrative documents (if any);

e/ Compensation for
damage and other matters (if any).

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 judgment pronouncement.

5. For a case involving
many complicated circumstances and the deliberation requires a longer time, the
trial panel may decide to prolong the deliberation time limit which must not
exceed 5 working days after the argument is concluded 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 195 of this Law.

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Through argument or
deliberation, if finding that certain circumstances of the case have not been
examined, the questioning remains inadequate or more evidences should be
examined, the trial panel shall decide to resume the questioning and argument.

Article
193. Jurisdiction of trial panel

1. The trial panel shall
examine the legality of administrative decisions, administrative acts,
disciplinary decisions on dismissal, decisions on settlement of complaints
about decisions on handling of competition cases or voter lists over which
lawsuits are instituted, complaint settlement decisions, and relevant legal
documents.

2. The trial panel may
decide to:

a/ Reject the lawsuit
claim which is not legally grounded;

b/ Accept part or whole
of the lawsuit claim, pronounce cancellation of part or whole of the unlawful
administrative decision and relevant complaint settlement decision (if any);
compel a state agency or a competent person in this state agency to perform
tasks or public duties in accordance with law; and at the same time propose the
handling of the cancelled unlawful administrative decision;

c/ Accept part or whole
of the lawsuit claim, declare the administrative act unlawful; pronounce
cancellation of part or whole of the relevant complaint settlement decision (if
any); and compel a state agency or a competent person in this state agency to
terminate the unlawful administrative act;

d/ Accept the lawsuit
claim, pronounce cancellation of the unlawful disciplinary decision on
dismissal; and compel the head of an agency or organization to perform tasks or
public duties in accordance with law;

dd/ Accept part or the
whole of the lawsuit claim, pronounce cancellation of part or the whole of the
unlawful decision on settlement of the complaint about the decision on handling
of a competition case; and compel the competent agency or person that has
issued the decision on settlement of the complaint about the decision on
handling of a competition case to resettle this case in accordance with the Law
on Competition;

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g/ Compel an agency or
organization to pay compensation for damage, restore the lawful rights and
interests of the agency, organization or individual which are infringed upon by
the unlawful administrative decision, administrative act, disciplinary decision
on dismissal or decision on settlement of the complaint about the decision on
handling of a competition case;

h/ Request a competent
state agency or its head to determine the responsibility of state agencies or
competent persons of these agencies.

3. In case it is
necessary to request a competent agency or person to consider and handle an
administrative document relevant to the administrative decision or act over
which the lawsuit is instituted as specified in Clause 1, Article 6 of this
Law, the trial panel shall report such to the chief justice of the court currently settling
the case so that he/she can request in writing the competent agency or person
to consider and handle such administrative document. In this case, the trial
panel may postpone the court hearing to await results of handling by the
competent agency or person. Within 30 days after receiving the decision of the
court, the competent agency or person shall reply in writing the handling
results to the court to serve as a basis for the settlement of the case. Past
that time limit, if receiving no written reply of the competent agency or
person, the trial panel may apply a document of the superior state agency to
make a decision under Clause 2 of this Article.

4. If detecting a legal
document relevant to the settlement of the administrative case showing signs of
contravention of the Constitution, a law’ or a legal document of a superior
state agency, the trial panel shall postpone the court hearing under Article
112 of this Law.

Article
194. First-instance judgments

1. The court shall make
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 court ruling, specifically as follows:

a/ The introductory part
must indicate the name of the first-instance court; serial number of the case
and date of case acceptance; serial number of the judgment and date of judgment
pronouncement; full names of members of the trial panel, court clerk,
procurator, expert witness and interpreter; names and addresses of the
plaintiff, defendant, persons with related interests and obligations; agency or
organization being the plaintiff; lawful representatives, defense counsels of
lawful rights and interests of involved parties; subject matter of the lawsuit;
serial number and date of the decision to bring to case to public or
behind-closed-door trial; and time and venue of trial.

b/ The part on the
contents of the case and reasoning of the court must state the lawsuit claim of
the plaintiff; lawsuit petition of the agency or organization; and requests and
independent claims of persons with related interests and obligations.

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c/ The part on the court
ruling must clearly state legal grounds, rulings of the trial panel on each
specific matter which needs to be settled in the case, application of
provisional urgent measures, legal costs, procedural expenses 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.

3. When retrying a case
on which the judgment or ruling has been partially or wholly quashed under a
cassation or reopening ruling, the court shall settle the matters of property
and obligations which have been performed under the legally effective judgment
or ruling which is quashed, and clearly state such in the judgment.

Article
195. Pronouncement of judgments

The trial panel shall
pronounce a judgment in the presence of involved parties. In case involved
parties are present at the court hearing but absent when the judgment is
pronounced or absent under Clause 5, Article 191 of this Law, the trial panel
shall still pronounce the judgment. In case of behind-closed-door trial under
Clause 2, Article 16 of this Law, the trial panel shall publicly pronounce the
introductory part and the part on the court ruling of the judgment.

Upon pronouncement of a
judgment, all people present in the courtroom 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 and may give further explanations about the judgment
execution and the right to appeal.

In case an involved party
cannot understand Vietnamese, the interpreter shall, after the judgment
pronouncement, interpret the full text of the judgment into the language he/she
knows.

Article
196. Provision or sending of judgment
extracts and judgments

1. Within 3 working days
after the conclusion of a court hearing, involved parties shall be provided
with judgment extracts by the court.

2. Within 7 days after
the date of judgment pronouncement, the court shall provide or send the
judgment to involved parties and the same-level procuracy.

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4. Legally effective
first-instance judgments of first-instance courts shall be published on
e-portals (if any) of these courts, except judgments that contain information
specified in Clause 2, Article 96 of this Law.

Article
197. Correction or supplementation of
court judgments and rulings

1. Court judgments and
rulings, once issued, may not be corrected or supplemented, except in case
obvious spelling errors or erroneous data due to mistakes or miscalculation are
detected. Documents on corrections or supplementations must be immediately sent
by the court to involved parties and same-level procuracy. For legally
effective judgments or rulings, such documents shall also be sent to the civil
judgment enforcement agency at the same level 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 in coordination with
members of the trial panel trying such case or by the presiding judge. In case
a member of the trial panel or the presiding judge cannot make correction or
supplementation, the chief justice of the court shall do so.

Chapter
XII

PROCEDURES
FOR SETTLEMENT OF LAWSUITS OVER LISTS OF VOTERS TO ELECT DEPUTIES TO THE
NATIONAL ASSEMBLY, LISTS OF VOTERS TO ELECT DEPUTIES TO PEOPLE’S COUNCILS, OR
LISTS OF VOTERS FOR A REFERENDUM

Article 198. Receipt of lawsuit petitions and acceptance of cases

Upon receiving a petition
to institute a lawsuit over a voter list, the chief justice of the court shall
assign a judge to immediately accept the case.

Article 199. Time limit for settlement of cases

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a/ Bring the case to
trial; or,

b/ Terminate 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 parties 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
200. Presence of involved parties and
procuracy representatives

Involved parties and the
procurator of the same-level procuracy shall be present at the court hearing.
In case they are absent, the trial panel shall still conduct the trial of the
case.

Article 201. Application of other provisions of this Law

Other provisions of this
Law may be applied to settle administrative cases with regard to lawsuits over
voter lists in case this Chapter does not provide for to that effect, except
provisions on postponement of court hearings and sending of case files to procuracies
for study before the opening of court hearings and provisions on appellate,
cassation and reopening procedures.

Article 202. Effect of court judgments or rulings to terminate cases

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2. The court shall
immediately send judgments or rulings to terminate cases to involved parties
and the same-level procuracy.

Chapter
XIII

APPELLATE
PROCEDURES

Section
1. GENERAL PROVISIONS ON APPELLATE PROCEDURES

Article 203. Nature of appellate trial

Appellate trial means the
retrial by an appellate 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 204. Persons having the right to appeal

Involved parties or their
lawful representatives have the right to appeal against judgments or decisions
of the first-instance court to suspend or terminate the settlement of cases in
order to request the appellate court to conduct retrial according to appellate
procedures.

Article 205. Appeal petition

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a/ Date of making;

b/ Full name, address,
telephone and facsimile numbers and email address (if any) of the appellant;

c/ The appealed part or
whole of the court judgment or ruling of the first-instance court which has not
yet taken legal effect;

d/ The reason for filing
the appeal and the appellant’s claim;

dd/ Signature or
fingerprint of the appellant.

2. An appellant who has
the full administrative procedure act capacity may make an appeal petition by
himself/herself. The items of name and address of the appellant in the petition
shall be filled with the full name and address of the involved party that files
the appeal. In the bottom of the appeal petition, the appellant shall give
his/her signature or fingerprint.

3. If an appellant
specified in Clause 2 of this Article does not file an appeal by himself/
herself, he/she may authorize another person to represent him/her in filing an appeal.
The items of name and address of the appellant in the petition shall be filled
with the full name and address of the authorized representative to file the
appeal; full name and address of the authorizing involved party and power of
attorney. In the bottom of the appeal petition, the authorized representative
shall give his/her signature or fingerprint.

4. The at-law
representative of an involved party being an agency or organization may file an
appeal by himself/herself. The items of name and address of the appellant in
the appeal petition shall be filled with the name and address of the involved
party being an agency or organization; full name and position of the at-law
representative of the involved party. In the bottom of the appeal petition, the
at-law representative shall give his/her signature and append the seal of the
agency or organization. In case the appellant is an enterprise, the use of its
seal must comply with the Law on Enterprises.

In case the at-law
representative of an involved party being an agency or organization authorizes
another person to represent such agency or organization in filing an appeal,
the items of name and address of the appellant in the appeal petition shall be
filled with the full name and address of the authorized representative filing
the appeal; name and address of the involved party being the authorizing agency
or organization; full name and position of the at-law representative of the
involved party being such agency or organization and power of attorney. In the
bottom of the appeal petition, the authorized representative shall give his/her
signature or fingerprint.

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In case the at-law
representative of an involved party authorizes another person to represent
him/her in filing an appeal, the items of name and address of the appellant in
the appeal petition shall be filled with the full name and address of the
authorized representative and power of attorney; full name and address of the
at-law representative of the authorizing involved party; full name and address of
the involved party being a minor or a person who has lost the civil act
capacity. In the bottom of the appeal petition, the authorized representative
shall give his/her signature or fingerprint.

6. The authorization
prescribed in Clauses 3. 4 and 5 of this Article shall be made in writing and
lawfully notarized or authenticated, except where the power of attorney is made
at the court to the witness of a judge or a person assigned by the chief
justice of the court. A power of attorney must state that the involved party
authorizes an authorized representative to file an appeal against the
first-instance court’s judgment or ruling on suspension or termination of the
settlement of the case.

7. An appeal petition
shall be filed with the first-instance court which has made the judgment or
ruling which is appealed against. The appeal petition shall be enclosed with
additional documents and evidences (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 216 of this Law.

Article 206. Time limit for filing an appeal

1. The time limit for
filing an appeal against the first-instance court’s judgment is 15 days
counting from the date of judgment pronouncement; for involved parties that are
absent from the court hearing or when the judgment is pronounced for a
plausible reason, the time limit for filing an appeal shall be counted from the
date the judgment is handed over to them or publicly posted up.

For involved parties that
have participated in the court hearing but are absent when the court pronounces
the judgment without a plausible reason, the time limit for filing an appeal shall
be counted from the date of judgment pronouncement.

2. The time limit for
filing an appeal 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 having the right to appeal receives such ruling or the date such ruling
is publicly posted up at the head office of the commune-level People’s
Committee of locality where he/she resides or is based in case the person
having the right to appeal is an agency or organization.

3. In case the appeal
petition is sent by post, the appeal date is the date postmarked on the
envelope by the sending post service provider. In case the appellant is
detained or held in custody, the appeal date is the date of filing the appeal
petition as certified by the competent person of the detention camp or custody
house.

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1. After receiving an
appeal petition, the first-instance court shall examine its validity under
Article 205 of this Law.

2. In case an appeal
petition is filed after the prescribed time limit, the first-instance court
shall request the appellant to clearly state the reason and produce documents
and evidences (if any) to prove that the reason for overdue filing of the
appeal petition is plausible.

3. In case an appeal
petition is made at variance with Article 205 of this Law. the first- instance
court shall request the appellant to re-make, modify or supplement it within 5
working days after receiving the request of the court.

4. The court shall return
an appeal petition in the following cases:

a/ The appellant has no
right to appeal;

b/ The appellant fails to
re-make, modify or supplement the appeal petition despite having received a
request of the court under Clause 3 of this Article;

c/ The case specified in
Clause 2, Article 209 of this Law.

Article
208. Overdue appeals and examination
thereof

1. An appeal filed after
the expiration of the time limit prescribed in Article 206 of this Law is considered
overdue. After receiving an overdue appeal petition, the first-instance court
shall forward the petition .and the appellant’s written explanation about the
reason for overdue filing, documents and evidences (if any) to the appellate
court.

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3. Based on documents and
evidences relevant to the overdue appeal, opinions of the involved party filing
the overdue appeal and the representative of the procuracy at the session, the
panel for examination of the overdue appeal shall make a decision by majority
on acceptance or rejection of the overdue appeal and clearly state the reason
in the decision. The appellate court shall send the decision to the person
filing the overdue appeal, same-level procuracy and first-instance court. If
the appellate court accepts the overdue appeal, it shall request the first-
instance court to carry out the procedures prescribed in Articles 209, 210 and
216 of this Law.

Article
209. Notice of payment of legal cost
advances for appellate trial

1. After accepting a valid appeal petition, the
first-instance court shall notify the appellant thereof so that the latter pays
an legal cost advance for appellate trial as required by law, unless the latter
is exempt from paying or not required to pay the legal cost advance for
appellate trial.

2. Within 10 days after
receiving the court’s notice of payment of the legal cost advance for appellate
trial, the appellant shall pay such advance and submit the advance receipt to
the first-instance court. Past this time limit should the appellant fail to pay
the legal cost advance for appellate trial, he/she/it shall be regarded as
having waived the appeal.

Upon receiving the
receipt of legal cost advance from the appellant, the court shall issue to
him/her/it a written certification that it has received the advance receipt.

If the appellant submits
to the court the receipt of legal cost advance for appellate trial after the
expiration of the time limit of 10 days after receiving the court’s notice of payment
of such advance without a plausible reason, the first-instance court shall
request the appellant to explain in writing the reason for late submission of
the advance receipt within 3 working days for inclusion in the case file. This
case shall be handled according to the procedures for examining overdue
appeals.

Article
210. Notice of appeal

1. When sending the case
file and the appeal petition to the appellate court, the first- instance court
shall promptly notify the appeal in writing to the same-level procuracy and
parties involved in 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 file.

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The chief procurator of
the same-level procuracy or immediate superior level may file a 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 appellate court to resettle
the case according to appellate procedures.

Article
212. Protest decision of procuracy

1. The procuracy’s
protest decision shall be made in writing and must contain the following
principal details:

a/ Date of issuance and
serial number of the decision;

b/ Name of the procuracy
issuing the decision;

c/ Protested whole or
part of the first-instance court’s judgment or ruling which has not yet taken
legal effect;

d/ Reason(s) and
ground(s) for the protest and the procuracy’s requests;

dd/ Full name of the
person signing the decision and seal of the procuracy issuing the decision.

2. The protest decision
shall be immediately sent to the first-instance court that has made the
protested judgment or ruling so that such court shall carry out procedures
prescribed in Article 216 of this Law. The protest decision shall be enclosed
with additional documents and evidences (if any) to prove that the procuracy’s
protest is grounded and lawful.

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DĐ:

0906 22 99 66

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1. The time limit for
filing a protest against the first-instance court’s judgment is 15 days for the
same-level procuracy, or 30 days for the immediate superior procuracy, counting
from the date of judgment pronouncement.

2. The time limit for
filing a protest 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, or 10 days for the immediate superior procuracy, counting from the
date the same-level procuracy receives such ruling.

3. If receiving a protest
decision of the procuracy after the expiration of the time limit prescribed in
Clause 1 or 2 of this Article, the first-instance court shall request the
procuracy to explain in writing the reason for late filing.

Article
214. Notice of protest

1. The procuracy issuing
a protest decision shall promptly send this decision to parties involved in the
protest.

2. Persons who are
notified of the protest may send documents expressing their opinions on the
protested contents to the appellate court. Such documents shall be included in
the case file.

Article
215. Consequences of appeal or protest

1. The appealed or
protested part of the first-instance court’s judgment or ruling shall not be
executed, unless immediate execution is prescribed by law.

2. The first-instance
court’s judgment or ruling or part thereof which is not appealed or protested
against will take legal effect on the date of expiration of the time limit for
filing an appeal or a protest.

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The first-instance court
shall send case files, appeals or protests and enclosed documents and evidences
to the appellate court within 5 working days after the time limit for filing
protests expires, and upon the expiration of the time limit for filing appeals,
appellants shall submit receipts of legal cost advances for appellate trial to
the first-instance court.

Article
217. Acceptance of cases for appellate
trial

1. Right after receiving
a case file, an appeal petition or a protest decision and enclosed documents
and evidences, the appellate court shall record it in the case acceptance book.

Within 3 working days
after accepting a case, the court shall notify in writing such acceptance to
involved parties and the same-level procuracy and announce the acceptance on
the court’s e-portal (if any).

2. The chief justice of
the appellate court shall form an appellate trial panel and assign a judge to
preside over the court hearing and session. .

Article
218. Modification, supplementation or
withdrawal of appeals or protests

1. If the time limit for
filing appeals prescribed in Article 206 of this Law has not yet expired, an
appellant may modify or supplement his/her appeal without being limited to the
scope of the initial appeal.

If the time limit for
filing protests prescribed in Article 213 of this Law has not yet expired, the
protesting procuracy may modify or supplement its protest without being limited
to the scope of the initial protest.

2. Before the opening of
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 initial appeal or protest, if the time
limit for filing appeals or protests has expired.

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The appellate court shall
terminate the appellate trial of part 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.

4. The modification,
supplementation or withdrawal of an appeal or a protest before the opening of
an appellate court hearing shall be made in writing and sent to the appellate
court. The appellate court shall notify 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
219. Addition of new evidences

1. Prior to or during an
appellate court hearing, the appellant, the procuracy filing the protest, a
person with interests and obligations related to the appeal or protest, and the
defense counsels of the lawful rights and interests of involved parties may
additionally provide new evidences.

2. The appellate court
may itself or at the request of an involved party verify newly added evidences.
It may entrust the verification of evidences under Article 92 of this Law.

Article
220. Scope of appellate trial

The appellate court shall
only review part of the first-instance judgment or ruling which is appealed or
protested against or related to the appealed or protested contents.

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Except for cases subject
to appellate trial according to summary procedures or cases involving foreign
elements, the time limit for appellate trial preparation is as follows:

1. Within 60 days after
the date of accepting a case, the judge assigned to preside over the court
hearing shall decide to:

a/ Suspend the appellate
trial of the case;

b/ Terminate the
appellate trial of the case; or,

c/ Bring the case to
appellate trial.

2. For complicated cases
or due to an objective obstacle, the chief justice of the appellate court may
decide to prolong the trial preparation time limit specified in Clause 1 of
this Article, provided the prolongation must not exceed 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 shall be forwarded to the same-level procuracy and
persons related to the appeal or protest.

5. In case there is a
decision on suspension of the appellate trial of the case, the time limit for
appellate trial preparation shall be recounted from the date the court’s
decision to resume the settlement of the case takes legal effect.

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An appellate trial panel
is composed of 3 judges, except the case specified in Clause 1, Article 253 of
this Law.

Article
223. Presence of appellate trial panel
members and court clerks

1. A court hearing may be
conducted only when it is attended by all members of the trial panel and the
court clerk.

2. In case a judge is
absent or can no longer participate in the trial, an alternative judge who
attends the court hearing from the beginning may replace the absent judge to participate
in the trial of the case.

3. If there is no
alternative judge to replace a 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 can no longer participate in the trial without a
replacement, the court hearing shall be postponed.

Article
224. Presence of procurators

1. The procurator who is
assigned by the chief procurator of the same-level procuracy has the duty to
participate in the court hearing. The trial panel shall decide to postpone the
court hearing when the procurator is absent in case the procuracy files a
protest.

2. In case the procurator
is absent or can no longer participate in the trial, an alternative procurator
who attends the court hearing from the beginning may replace the absent
procurator to participate in the trial of the case.

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(028) 3930 3279

DĐ:

0906 22 99 66

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1. Upon the first valid
summon of the court, the appellant, persons with interests and obligations
related to the appeal or protest and defense counsels of their lawful rights
and interests shall be present; in case any of them is absent, the trial panel
shall postpone the court hearing.

The court shall inform
the appellant, persons with interests and obligations related to the appeal or
protest and defense counsels of their lawful rights and interests of the
postponement of the court hearing.

2. Upon the second valid
summon of the court, the appellant, persons with interests and obligations
related to the appeal or protest and defense counsels of their lawful rights
and interests shall be present. In case any of them is absent not for a force
majeure event or an objective obstacle:

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 part thereof which is 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 lawful rights and interests of involved parties are absent, the
court shall still conduct the trial in their absence.

3. The presence of
witnesses, expert witnesses and interpreters at an appellate court hearing must
comply with Articles 159, 160 and 161 of this Law.

4. In case a procedure
participant requests in writing the court to conduct the trial in his/ her
absence, the court shall conduct the appellate court hearing in his/her
absence.

Article
226. Cases in which the appellate trial
panel is neither required to open a court hearing nor summon involved parties

1. The appellate trial
panel is not required to open a court hearing in the following cases:

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b/ The case mentioned in
Clause 2, Article 209 of this Law; reviewing an appeal or a protest about legal
cost;

c/ Reviewing an appeal or a protest against rulings of the
first-instance court.

2. In the cases specified
in Clause 1 of this Article, the trial panel is not required to summon involved
parties, except the case of examination of overdue appeals specified in Clause
2, Article 208 of this Law or when it is necessary to hear their opinions. The
court shall still conduct the session in the absence of the summoned persons.

Article
227. Presentation of documents and
evidences at appellate court

1. Involved parties may
present additional documents and evidence during the appellate trial
preparation in the following cases:

a/ Documents and evidences which the first-instance court has
requested involved parties to present but they cannot present them for a
plausible reason;

b/ Documents and
evidences which the first-instance court does not request involved parties to
present or which involved parties cannot know during the settlement of the case
according to first-instance procedures.

2. The procedures for
presentation of documents and evidences must comply with Article 83 of this
Law.

Article
228. Suspension of appellate trial of a
case

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2. A decision to suspend
the appellate trial of a case immediately takes legal effect.

3. A decision to suspend
the appellate trial of a case shall be sent immediately to the involved parties
and same-level procuracy.

Article
229. Termination of appellate trial of a
case

1. The appellate court shall
issue a decision to terminate the appellate trial of a case in the following
cases:

a/ The case specified at
Point a, Clause 1, Article 143 of this Law;

b/ The appeal is returned
in accordance with this Law while the appellate court has accepted the case
file;

c/ The appellant
withdraws the whole of his/her appeal or the procuracy withdraws the whole of
its protest;

d/ The appellant is still
absent though he/she is duly summoned twice, except the case where he/she
requests the court to conduct the trial in his/her absence or the case of
occurrence of a force majeure event or an objective obstacle;

dd/ Other cases provided
for by law.

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In these cases, the
first-instance judgment or ruling will take legal effect on the date the
appellate court issues a decision to terminate the appellate trial.

3. In case the appellant
withdraws part of his/her appeal or the procuracy withdraws part of its
protest, the appellate trial shall reason such withdrawal and decide to
terminate the trial for such appealed or protested part of the appellate
judgment.

4. In case the appellate panel terminates the appellate
trial under Clause 2 of this Article while detecting that the first-instance
judgment or ruling falls into one of the cases specified in Clause 1, Article
255 of this Law, it shall propose the chief justice of a competent court to
make consideration according to cassation procedures.

5. The trial termination decision shall be immediately sent
to the involved parties and same-level procuracy.

Article 230. Decision to apply, change or cancel provisional urgent
measures

During the settlement of
a case, the appellate court may decide to apply, change or cancel provisional
urgent measures in accordance with Chapter V of this Law.

Article 231. Transfer of case files to procuracies

1. The appellate court
shall transfer the case file together with the decision to bring the case to
trial to the same-level procuracy.

2. The same-level
procuracy shall study the case file within 15 days after receiving it; past
this time limit, the procuracy shall return the case file to the court.

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(028) 3930 3279

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0906 22 99 66

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1. Cases of postponement
of an appellate court hearing:

a/ The cases specified in
Clause 2, Article 161; Clauses 3 and 4, Article 223; and Clause 1, Article 225,
of this Law;

b/ A member of the trial
panel, the procurator, court clerk or interpreter is changed without an
immediate replacement;

c/ The expert witness is
changed;

d/ It is necessary to
verify or additionally collect documents and evidences but this cannot be done
right at the court hearing.

2. Cases of postponement
of an appellate court hearing are specified in Clause 2, Article 159, and
Clause 2, Article 160, of this Law.

3. The duration of
postponement of, and the decision to postpone, an appellate court hearing must
comply with Article 163 of this Law.

Section 2. PROCEDURES FOR
COMMENCING AN APPELLATE COURT HEARING

Article 233. Appellate trial procedures

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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 presiding judge of
the court hearing shall ask:

a/ The plaintiff whether
he/she withdraws his/her lawsuit petition;

b/ The appellant or procurator whether he/she modifies,
supplements or withdraws his/ her appeal or protest;

c/ The involved parties
whether they reach agreement on settlement of the case.

4. In case the appellant
withdraws part of his/her appeal or the procurator withdraws part of his/her
protest, the court shall accept such withdrawal. In case the appellant or
procurator adds a new content beyond the scope of the initial appeal or
protest, the court shall not consider such content.

5. The presiding judge of
the court hearing shall ask the involved parties and procurator about the
modification, supplementation or withdrawal of their appeal or protest at the
court hearing as follows:

a/ Asking the plaintiff
whether he/she withdraws his/her lawsuit petition;

b/ Asking the appellant
or procurator whether he/she modifies, supplements or withdraws his/her appeal
or protest.

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Article 234. Plaintiffs withdrawing 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 with such withdrawal and shall, on a case-by-case basis:

a/ Not accept the
plaintiff’s withdrawal of the lawsuit petition if the defendant disagrees with
such withdrawal;

b/ Accept the plaintiff’s
withdrawal of the lawsuit petition if the defendant agrees with such
withdrawal. The appellate trial panel shall issue a decision to cancel the
first-instance judgment and terminate the settlement of the case. In this case,
involved parties shall still bear the first- instance legal cost under the
ruling of the first-instance court and bear half of the appellate legal cost as
prescribed by law.

2. In case the appellate
trial panel issues a decision to terminate the settlement of the case, the
plaintiff may re-institute the case according to the procedures prescribed in
this Law, if the statute of limitations for instituting a lawsuit has not yet
expired.

Article
235. Defendants modifying or canceling
administrative decisions, disciplinary decisions on dismissal or decisions
settling complaints about decisions handling competition cases, or ceasing or
remedying administrative acts over which a lawsuit is instituted

1. In case the defendant
modifies or cancels the administrative decision, disciplinary decision on
dismissal or decision settling complaints about the decision handling the
competition case, or ceases or remedies the administrative act over which a
lawsuit is instituted and such modification, cancellation, cessation or remedy
is related to rights and obligations of agencies, organizations or individuals,
and the plaintiff agrees to withdraw the lawsuit petition while the person with
related interests and obligations who makes an independent claim agrees to
withdraw the claim, the appellate trial panel shall cancel the first-instance
judgment or ruling and terminate the settlement of the case; the judgment’s
ruling must clearly state the involved parties’ commitments for securing the
execution of administrative judgments.

2. In case the defendant modifies
or cancels the administrative decision, disciplinary decision on dismissal or
decision settling complaints about the decision handling the competition case,
or ceases or remedies the administrative act over which a lawsuit is instituted
and such modification, cancellation, cessation or remedy is related to rights
and obligations of other agencies, organizations or individuals that did not
participate in first-instance procedures:

a/ If the plaintiff
withdraws his/her lawsuit petition and the person with related interests and
obligations who makes an independent claim withdraws his/her claim, the
appellate trial panel shall cancel the first-instance judgment or ruling and
terminate the settlement of the case. In this case, agencies, organizations and
individuals with rights and obligations related to the modification or
cancellation of the administrative decision, disciplinary decision on dismissal
or decision settling complaints about the decision handling the competition
case, or to the cessation or remediation of the administrative act over which a
lawsuit is instituted may institute an administrative case according to general
procedures;

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Section 3. ADVERSARIAL
PROCESS AT APPELLATE COURT HEARINGS

Article
236. Contents and method of adversarial
process at appellate court hearings

Contents and method of
adversarial process at appellate court hearings are specified in Article 175 of
this Law.

Article 237. Presentations of involved parties and procurators at
appellate court hearings

1. In case an involved
party still retains his/her appeal or the procuracy retains its protest,
presentations at the appellate court hearing shall be as follows:

a/ The defense counsel of
lawful rights and interests of the appellant presents the content of and
grounds for the appeal. The appellant may give additional opinions.

In case all involved
parties file appeals, the presentations shall be made in the following order:
the defense counsel of lawful rights and interests of the plaintiff filing an appeal
and the plaintiff; the defense counsel of lawful rights and interests of the
defendant filing an appeal and the defendant; the defense counsel of lawful
rights and interests of the person with related rights and obligations filing
an appeal and the person with related rights and obligations;

b/ In case only the
procuracy makes a protest, the procurator shall present the content of and
grounds for the protest. In case both appeal and protest are filed, the
involved parties shall present the content of and grounds for their appeals
first, then the procurator shall present the content of and grounds for the
protest;

c/ The defense counsel of lawful rights and interests of other
involved parties related to the appeal or protest shall present opinions on the
content of the appeal or protest. The involved parties may give additional
opinions.

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3. At the appellate court
hearing, involved parties and procurator may produce additional documents and
evidences.

Article
238. Suspension of appellate court
hearings

The suspension of appellate
court hearings must comply with Article 187 of this Law.

Article
239. Argument at appellate court hearings

1. At the appellate court
hearing, involved parties and defense counsel of their lawful rights and
interests may only make arguments regarding matters which fall within the scope
of appellate trial and have been asked at the hearing.

2. The order of
presentation of opinions upon argument is as follows:

a/ The defense counsel of
lawful rights and interests of the appellant presents his/her opinions. The
appellant may give additional opinions;

b/ The defense counsel of
lawful rights and interests of involved parties makes arguments and
counter-arguments. The involved parties may give additional opinions;

c/ The involved parties
make arguments and counter-arguments under control by the presiding judge of
the court hearing;

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3. The order of making
arguments on the procuracy’s protest is as follows:

a/ The defense counsel of
lawful rights and interests of involved parties presents the lawfulness and
grounds of the procuracy’s protest. The involved parties may give additional
opinions;

b/ The procurator
presents opinions on issues mentioned by the defense counsel of lawful rights
and interests of the involved parties and by the involved parties.

4. In case involved parties
have no defense counsel of their lawful rights and interests, they shall
themselves make arguments.

5. In case one of the
involved parties or another procedure participant is absent, the presiding
judge of the court hearing shall announce his/her testimonies for use as a
ground for those who are present at the court hearing to make arguments and
counter-arguments.

Article 240. Presentation by procurators at appellate court hearings

After procedure
participants have made their arguments and counter-arguments, the procurator
shall present the procuracy’s opinions on compliance with law during the
settlement of the administrative case at the stage of appellate trial.

Right after the end of
the court hearing, the procurator shall send his/her written presentations to
the court for the latter to include them in the case file.

Article
241. Jurisdiction of appellate trial panel

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2. To modify part or the
whole of the first-instance judgment if the first-instance court made an
unlawful decision in the following cases:

a/ The burden of proof or
collection of evidences was adequately carried
out in accordance with Chapter VI of this Law;

b/ The burden of proof or
collection of evidences was not adequately carried out at the first-instance
level but evidences have been sufficiently added at the appellate court
hearing.

3. To cancel the
first-instance judgment and transfer the case file to the first-instance court
for retrial in case there is a serious violation of procedures or when new
important evidence needs to be collected which the appellate court cannot
immediately add.

4. To cancel the
first-instance judgment and terminate the settlement of the case if one of the
cases specified in Clause 1, Article 143 of this Law occurs during the
first-instance trial.

5. To terminate the
appellate trial if such trial requires the presence of the appellant but the
appellant is still absent though he/she has been duly summoned twice. In this case,
the first- instance judgment takes legal effect.

6. When necessary to
request a competent agency or person to consider and process the administrative
document mentioned in Clause 1, Article 6 of this Law, the trial panel may
suspend the court hearing pending the result of processing by the competent
agency or person and propose the chief justice of the court to request in
writing such agency or person to consider and process such administrative
document. Within 30 days after receiving the court’s request, the competent
agency or person shall give a written reply on the processing result to the
court for use as a ground for settlement of the case. Past this time limit, if
receiving no reply from the competent agency or person, the trial panel may
apply documents issued by superior state management agencies for settlement of
the case.

7. If discovering a legal
document related to the settlement of the administrative case showing signs of
being contrary to the Constitution, a law or legal document issued by a
superior state agency, the trial panel shall request the chief justice of the
court currently settling the case to recommend or propose the competent person
defined in Article 112 of this Law to make a recommendation. In this case, the
frial panel shall postpone the court hearing pending opinions of the chief
justice of the court or suspend the settlement of the case as recommended in
writing by the chief justice of the competent court.

Article 242. Appellate judgments

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2. An appellate judgment
must contain:

a/ An introductory part;

b/ A part on the case’s
content, appeal, protest, and reasoning of the court;

c/ A part on the ruling.

3. The introductory part
must clearly state 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, procurator, expert witness and interpreter; full names and addresses of
the plaintiff, defendant, person with related interests and obligations, and
agency or organization instituting the lawsuit; lawful representatives or
defense counsels of their lawful rights and interests; the appellant or
protesting procuracy; public or behind-closed-door trial; and time and venue of
trial.

4. The part on the case’s
content, the appeal or protest, and reasoning of the court must summarize the
content of the case and ruling of the first-instance court; and content of the
appeal or protest.

The court shall base
itself on the adversarial process result and evidences examined at the court
hearing to analyze, assess and reason the appeal, protest, circumstances of the
case, settlement and trial by the first-instance court, and legal grounds and
court precedents (if any) which the court has applied, to accept or reject the
appeal or protest and settle other relevant issues.

5. The part on the ruling
must state legal grounds and the trial panel’s ruling on each matter to be
settled in the case, application of provisional urgent measures, first-instance
and appellate legal costs, and procedural expenses (if any).

6. When conducting
retrial of the case with part or the whole of the legally effective judgment or
ruling annulled under the cassation or reopening ruling, the court shall settle
the issues on assets and obligations already executed under the annulled
judgment or ruling.

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Article
243. Appellate procedures for appealed or
protested rulings of first-instance courts

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 reviewed the first-instance ruling which is
appealed or protested against shall briefly present the content of this ruling,
content of the appeal or protest, and enclosed documents and evidences (if
any).

3. Appealing involved
parties invited to the session shall present their opinions on the appeal; the
trial panel shall still hold the session in their absence.

4. 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 a decision. The trial panel shall decide to postpone the session
when the procurator is absent in case the procuracy files a protest.

5. When reviewing the
first-instance court ruling which is appealed or protested against, the
appellate trial panel may:

a/ Uphold the ruling;

b/ Modify the ruling;

c/ Annul the ruling and
transfer the case file to the first-instance court for further settlement of
the case.

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Article 244. Sending of appellate judgments and rulings

1. Within 30 days after
making an appellate judgment or ruling, the appellate court shall send it to the
involved parties, the procuracy and the court that have conducted the
first-instance trial, the same-level procuracy, competent civil judgment
enforcement agency, and immediate superior agency of the defendant.

2. The appellate judgment
shall be announced by the appellate court on its portal (if any), except
judgments containing information specified in Clause 2, Article 96 of this Law.

Chapter
XIV

SETTLEMENT
OF ADMINISTRATIVE CASES ACCORDING TO SUMMARY PROCEDURES AT COURTS

Section 1. SETTLEMENT OF ADMINISTRATIVE
CASES ACCORDING TO SUMMARY

PROCEDURES AT FIRST-INSTANCE COURTS

Article
245. Scope of application of summary
procedures

1. Summary procedures in
administrative procedures mean procedures for settling an administrative case
when the conditions prescribed in this Law are satisfied with a view to
shortening the time and simplifying procedures as compared to general
procedures for settling an administrative case while ensuring lawful settlement
of the case.

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3. In case other laws
prescribe the application of summary procedures to administrative complaints or
petitions, the provisions of this Law shall apply.

Article
246. Conditions for application of summary
procedures

1. A case shall be
settled according to summary procedures when the following conditions are fully
satisfied:

a/ Its circumstances are
simple with sufficient and clear documents and evidences, ensuring sufficient
grounds for the settlement, not requiring the court to collect documents and
evidences;

b/ Involved parties have
clear addresses of residence and working offices;

c/ There is no involved
party residing overseas, unless the involved party residing overseas agrees
with the involved party in Vietnam to request the court to settle the case
according to summary procedures.

2. During the settlement
of a case according to summary procedures, the court shall issue a decision to
shift to settling the case according to general procedures in any of the
following cases:

a/ New circumstances
occur on which the involved parties cannot reach agreement and which require
verification and additional collection of documents or evidences or an expert
examination;

b/ The involved parties
cannot reach agreement on prices, requiring the asset valuation;

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d/ There are more persons
with related interests and obligations;

dd/ An independent claim
is made;

e/ There is an involved
party residing overseas, requiring judicial mandate, except the case specified
at Point c, Clause 1 of this Article.

3. If a case is shifted
to be settled according to general procedures, the time limit for preparing the
trial of the case shall be re-counted from the date of issuance of the decision
to shift to settling the case according to general procedures.

Article
247. Decisions to bring cases to
settlement according to summary procedures

1. Within 30 days after
accepting a case under Article 125 of this Law, the judge assigned to settle
the case shall issue a decision to bring the case to settlement according to
summary procedures and open a court hearing for trial within 10 days after issuing
such decision.

2. A decision to bring a
case to settlement according to summary procedures must have the following
principal contents:

a/ Date of issuance;

b/ Name of the issuing
court;

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d/ Names, addresses,
facsimile numbers, and emails (if any) of the plaintiff, defendant and person
with related interests and obligations;

dd/ Full names of the
judge, court clerk and procurator; and full names of alternate judge and
procurator (if any);

e/ Time, date and venue
of the court hearing;

g/ Public or
behind-closed-door trial;

h/ Full names of persons
summoned to participate in the court hearing.

3. A decision to bring a
case to settlement according to summary procedures shall be sent to the
involved parties and same-level procuracy together with the case file right
after it is issued. Within 3 working days after receiving the case file, the
procuracy shall study and return it to the court.

Article 248. Complaints and recommendations about decisions to bring
cases to settlement according to summary procedures and settlement thereof

1. Within 3 working days
after receiving the court’s decision to bring a case to settlement according to
summary procedures, the involved parties may file complaints and the same-level
procuracy may make recommendations to the chief justice of such court.

2. Within 3 working days
after receiving complaints and recommendations about the decision to bring a
case to settlement according to summary procedures, the chief justice of the
court shall decide to:

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b/ Cancel such decision
and shift to settling the case according to general procedures.

3. The chief justice’s
decisions to settle complaints and recommendations are final and shall be sent
immediately to the involved parties and same-level procuracy.

Article
249. Court hearings according to summary
procedures

1. The first-instance
trial of an administrative case according to summary procedures shall be
conducted by a judge.

2. The judge shall carry
out procedures for opening the court hearing under Article 169 of this Law.

3. After opening the
court hearing, the judge shall hold dialogues, except the case specified in
Article 135 of this Law where a dialogue cannot be held. In case the involved
parties can reach agreement on the settlement of the case, the judge shall make
a written record of successful dialogue and issue a decision recognizing
successful dialogue results under Article 140 of this Law. If they cannot reach
agreement, the judge shall conduct trial.

Presentation of opinions,
arguments and counter-arguments, and proposal of viewpoints on the settlement
of a case must comply with Section 3, Chapter XI of this Law.

4. If new circumstances arise
during the court hearing as prescribed in Clause 2, Article 246 of this Law,
making the case no longer satisfy the conditions for application of summary
procedures, the judge shall consider and decide to shift to settling the case
according to general procedures; the duration of trial preparation shall be
recounted under Clause 3, Article 246 of this Law.

Article
250. Effect of judgments and rulings made
according to summary procedures

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2. A judgment or ruling
according to summary procedures may be protested against according to cassation
or reopening procedures in accordance with this Law.

Section 2. SETTLEMENT OF
ADMINISTRATIVE CASES ACCORDING TO SUMMARY PROCEDURES AT APPELLATE COURTS

Article
251. Time limit for filing appeals or
protests against judgments and rulings according to summary procedures

1. The time limit for
filing an appeal against a judgment or ruling of the first-instance court
according to summary procedures is 7 days after the judgment is pronounced. In
case the involved parties fail to be present at the court hearing, the time
limit for filing an appeal shall be counted from the date the judgment or
ruling is delivered to them or posted up.

2. The time limit for the
same-level procuracy or immediate superior procuracy to protest against a
judgment or ruling of the first-instance court according to summary procedures
is 7 days or 10 days, respectively, after receiving the judgment or ruling.

Article
252. Time limit for preparing appellate
trial

1. Within 30 days after
accepting a case, the appellate court shall, on a case-by-case basis, decide
to:

a/ Suspend the appellate
trial of the case;

b/ Terminate the
appellate trial of the case; or,

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2. A decision to bring a
case to appellate trial must have the contents specified in Clause 2, Article
247 of this Law.

3. A decision to bring a
case to appellate trial shall be sent to persons related to the appeal or
protest and the same-level procuracy together with the case file. Within 5
working days after receiving the case file, the procuracy shall study and
return it to the court.

In case the court issues
a decision to shift to settling the case according to general procedures under
Clause 2, Article 246 of this Law, the time limit for preparing trial of the
case shall be counted under Clause 3, Article 246 of this Law.

4. In case there is a
decision to suspend the appellate trial of the case.dhe time limit for
preparing appellate trial shall be recounted from the effective date of the
court’s decision to cancel the decision on suspension of the case.

Article 253. Appellate procedures for first-instance court judgments or
rulings on settlement of cases according to summary procedures which are
appealed or protested against

1. The appellate trial of
an administrative case according to summary procedures shall be conducted by a
judge. Within 15 days after the issuance of a decision to bring the case to
trial, the judge shall open an appellate court hearing.

2. The court hearing
shall be attended by the involved parties and procurator of the same- level
procuracy. The trial panel shall still conduct trial in the procurator’s
absence, unless the procuracy files an appellate protest.

In case the involved
parties are absent without plausible reasons though they have been duly
summoned, or they make a written request for trial in their absence, the judge
shall conduct the court hearing.

3. The judge shall
briefly present the contents of the first-instance judgment or ruling which is
appealed or protested against, contents of the appeal or protest, and enclosed
documents and evidences (if any).

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5. After all arguments
and counter-arguments are made, the procurator shall present the procuracy’s
opinions on the law observance during the settlement of the case at the
appellate stage.

6. When reviewing the
first-instance court’s judgment or ruling which is appealed or protested
against, the judge may:

a/ Uphold the judgment or
ruling;

b/ Modify the judgment or
ruling;

c/ Annul the judgment or
ruling and transfer the case file to the first-instance court for resettling
the case according to summary procedures or general procedures if the case no
longer satisfies the conditions for settlement according to summary procedures;

d/ Annul the first-instance
judgment and terminate the settlement of the case;

dd/ Terminate the
appellate trial and uphold the first-instance judgment.

7. An appellate judgment
or ruling will take legal effect on the date it is made.

Chapter
XV

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Article 254. Nature of
cassation

Cassation means the
review of a legally effective court judgment or ruling which is protested
against according to cassation procedures when there are grounds prescribed in
Article 255 of this Law.

Article
255. Grounds and conditions for protest
according to cassation procedures

1. A legally effective
court judgment or ruling shall be protested against according to cassation
procedures when there is one of the following grounds:

a/ Its conclusion is not consistent
with the objective circumstances of the case, causing damage to lawful rights
and interests of the involved parties;

b/ There is a serious violation of procedures, rendering the
involved parties unable to exercise their procedural rights and perform their
procedural obligations, leading to the fact that their lawful rights and
interests are not protected in accordance with law;

c/ There is a mistake in
the application of law, resulting in issuance of incorrect judgments or
rulings, causing damage to lawful rights and interests of the involved parties,
public interests, interests of the State or lawful rights and interests of
third parties.

2. Persons competent to
protest defined in Article 260 of this Law shall file a protest against a
legally effective court judgment or ruling when having one of the grounds
prescribed in Clause 1 of this Article and when there is a written request
prescribed in Articles 257 and 258 of this Law; such request is not required in
case the judgment or ruling infringes upon public interests, interests of the
State or lawful rights and interests of third parties.

Article
256. Discovery of legally effective
judgments or rulings which need to be reviewed according to cassation
procedures

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2. In case the court,
procuracy, or another agency, organization or individual discovers one of the
grounds prescribed in Clause 1, Article 255 of this Law, it/he/she shall notify
such in writing to a person competent to protest defined in Article 260 of this
Law.

3. The chief justice of a
provincial-level court shall propose the chief justice of the superior people’s
court or the Chief Justice of the Supreme People’s Court, and the chief justice
of the superior people’s court shall propose the Chief Justice of the Supreme
People’s Court to consider filing a protest according to cassation procedures
against a legally effective judgment or ruling if discovering one of the
grounds prescribed in Clause 1, Article 255 of this Law.

Article
257. Written requests for reviewing
legally effective court judgments or rulings according to cassation procedures

1. A written request must
have the following principal contents;

a/ Date of making the
request;

b/ Name and address of
the requester;

c/ Name of the legally
effective court judgment or ruling requested to be reviewed according to
cassation procedures;

d/ Reasons and grounds
for making the request, and requirements of the requester;

dd/ Signature or fingerprint,
for a requester being an individual; or signature and seal of a lawful
representative, for a requester being an agency or organization. For a
requester being an enterprise, the use of its seals must comply with the Law on
Enterprises.

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3. The request and
documents and evidences shall be sent to a person competent to protest
according to cassation procedures defined in Article 260 of this Law.

Article
258. Procedures for receiving and
examining written requests, notices or recommendations on review of legally
effective court judgments or rulings according to cassation procedures

1. The court or procuracy
shall receive a written request submitted directly by the involved parties or
sent by post, take note in the request receipt book and issue a receipt to the
involved parties. The date of sending the request is the date the involved
parties submit the request at the court or procuracy or the date indicated in
the postmark of the sending post office.

Upon receiving a notice
or recommendation of an agency, organization or individual prescribed in Clause
2 or 3, Article 256 of this Law, the court or procuracy shall record such
receipt in the acceptance book for settlement.

2. The court or procuracy
shall accept a written request which has sufficient contents and enclosed
documents prescribed in Article 257 of this Law. The court or procuracy may
request the involved parties to supplement the request and enclosed documents
which are incomplete. If the involved parties fail to make supplementation, the
court or procuracy shall notify such in writing, return the request to the involved
parties and take note in the request receipt book.

3. The person competent
to protest according to cassation procedures shall assign a responsible officer
to study the request, notice or recommendation and the case file and report
such to him/her for consideration and decision. If making no protest, the
competent person shall notify such in writing to the involved parties and
agency, organization or individual that makes the notice or recommendation.

The Chief Justice of the
Supreme People’s Court shall assign a judge of the Supreme People’s Court or
the Procurator General of the Supreme People’s Procuracy shall assign a
procurator of the Supreme People’s Procuracy to study the request, notice or
recommendation and the case file and report such to the Chief Justice of the
Supreme People’s Court or the Procurator General of the Supreme People’s
Procuracy for consideration and decision on protest. If no protest is made, the
Chief Justice of the Supreme People’s Court or the Procurator General of the Supreme
People’s Procuracy shall himself/herself notify such in writing to the involved
parties and agency, organization or individual that has made the notice or
recommendation, or authorize a judge of the Supreme People’s Court or a
procurator of the Supreme People’s Procuracy to do so.

Article
259. Supplementation and verification of
documents and evidences in cassation procedures

1. The involved parties
may provide documents and evidences to the court or procuracy competent to
examine them according to cassation procedures if the first-instance court or
appellate court has not requested the involved parties to submit these
documents and evidences or it has so requested but the involved parties fail to
submit these documents and evidences for plausible reasons or the involved
parties could not know these documents and evidences during the settlement of
the case.

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Article
260. Persons competent to protest
according to cassation procedures

1. The Chief Justice of
the Supreme People’s Court and the Procurator General of the Supreme People’s
Procuracy have the competence to protest according to cassation procedures
against legally effective judgments or rulings of superior people’s courts and
those of other courts when finding it necessary, except decisions of the
Judicial Council of the Supreme People’s Court.

2. Chief justices of
superior people’s courts and chief procurators of superior people’s procuracies
have the competence to protest according to cassation procedures against
legally effective judgments or rulings of provincial- or district-level courts
under their territorial jurisdiction.

Article
261. Postponement or suspension of
enforcement of legally effective judgments or rulings

1. Persons competent to
protest against legally effective court judgments or rulings may postpone the
enforcement of such judgments or rulings in order to consider filing a protest
according to cassation procedures. The postponement duration must not exceed 3
months.

For a civil ruling in an
administrative court judgment or ruling, a person competent to protest may
request the civil judgment enforcement agency to postpone the judgment
enforcement in accordance with the law on enforcement of civil judgments.

2. A person who has made
a protest according to cassation procedures against a legally effective judgment
or ruling may decide to suspend the enforcement of such judgment or ruling
until the cassation ruling is made.

Article 262. Decision to protest according to cassation procedures

A decision to protest
according to cassation procedures must contain the following principal
contents:

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2. Position of the
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. Remarks and analysis
of violations or errors of the legally effective judgment or ruling protested
against;

6. Legal grounds for
making the decision;

7. Decision to protest against
part or the whole of the legally effective judgment or ruling;

8. Name of the court
competent to conduct cassation review of the case;

9. Proposals of the
protester.

Article
263. Time limit for protest according to
cassation procedures

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2. The time limit for
protesting against the civil ruling in an administrative court judgment or
ruling must comply with the civil procedure law.

Article
264. Sending of decisions to protest
according to cassation procedures

1. A decision to protest
according to cassation procedures shall be immediately sent to the court that
has made the legally effective judgment or ruling protested against, involved
parties, competent civil judgment enforcement agency and other persons with
interests and obligations related to protest contents.

2. In case the Chief
Justice of the Supreme People’s Court or chief justice of a superior people’s
court files a protest, the protest decision and the case file shall be
immediately sent to the same-level procuracy. Within 15 days after receiving
the case file, the procuracy shall study and return it to the court competent
to conduct cassation review.

3. In case the Procurator
General of the Supreme People’s Procuracy or chief procurator of a superior
people’s procuracie files a protest, the protest decision shall be immediately
sent to the court competent to conduct cassation review.

4. In case the Chief
Justice of the Supreme People’s Court files a protest against a legally
effective judgment or ruling of another court under Clause 1, Article 260 of
this Law, he/she may assign a superior people’s court to conduct trial
according to cassation procedures.

Article
265. Modification, supplementation or
withdrawal of protests

1. A person who has filed
a protest according to cassation procedures may modify or supplement the
protest decision if the protest time limit prescribed in Article 263 of this
Law has not yet expired.

2. Before the opening of
or during a court hearing, the person who has filed a protest may withdraw the
protest. A written record of the withdrawal of the protest prior to the opening
of a court hearing shall be made and sent under Article 264 of this Law. The
withdrawal of a protest during a court hearing shall be recorded in the
hearing’s minutes and the cassation trial panel shall decide to terminate the
cassation trial.

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1. Judicial Committees of
superior people’s courts shall conduct cassation review of legally effective
judgments and rulings of provincial- or district-level courts under their
territorial jurisdiction which are protested against as follows:

a/ The Judicial Committee of
a superior people’s court shall, through forming a trial panel composed of 3
judges, conduct cassation trial of legally effective judgments and rulings of
provincial- or district-level courts which are protested against according to
cassation procedures;

b/ The entire Judicial
Committee of a superior people’s court shall conduct cassation trial of legally
effective judgments and rulings mentioned at Point a, Clause 1 of this Article
which are complicated, or judgments and rulings for which the Judicial Committee
of the superior people’s court has conducted cassation trial through forming a
trial panel composed of 3 judges who did not reach agreement when voting to
approve the decision on the settlement of the case.

2. The. Judicial Council
of the Supreme People’s Court shall conduct cassation review of legally
effective judgments and rulings of superior people’s courts which are protested
against as follows:

a/ The Judicial Council
of the Supreme People’s Court shall, through forming a trial panel composed of
5 judges, conduct cassation trial of judgments and rulings of superior people’s
courts which are protested against according to cassation procedures;

b/ The entire Judicial
Council of the Supreme People’s Court shall conduct cassation trial of legally
effective judgments and rulings mentioned at Point a of this Clause which are
complicated, or judgments and rulings for which the Judicial Council of the
Supreme People’s Court has conducted cassation trial through forming a trial
panel composed of 5 judges who did not reach agreement when voting to approve
the decision on the settlement of the case.

3. Complicated cases
mentioned at Point b, Clause 1, and Point b, Clause 2, of this Article are
those falling in one of the following cases:

a/ The provisions applicable
to issues that need to be settled in the case are not clear or not yet guided
for uniform application;

b/ There are divergent
opinions on assessment of evidences and application of law;

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4. The Chief Justice of a
superior people’s court shall consider and decide on the organization of
cassation trial in the cases specified in Clause 1 of this Article. The Chief
Justice of the Supreme People’s Court shall consider and decide on the
organization of cassation trial in the cases specified in Clause 2 of this
Article.

5. In case legally effective
judgments or rulings on the same administrative case fall within the cassation
jurisdiction of a superior people’s court and the Supreme People’s Court, the
Supreme People’s Court will have the competence to conduct cassation review of
the whole case.

Article
267. Cassation hearing participants

1. A cassation hearing
shall be participated by the same-level procuracy.

2. When finding it
necessary, the court may summon the involved parties, lawful representatives or
defense counsels of lawful rights and interests of the involved parties and
other procedure participants involved in the protest to participate in a
cassation hearing. The cassation trial panel shall still conduct the court
hearing in the absence of these persons.

Article
268. Time limit for opening a cassation
hearing

Within 60 days after
receiving the protest enclosed with the case file, the court competent to
conduct cassation review shall open a court hearing.

Article
269. Preparations for a cassation hearing

The chief justice of the
court shall assign a judge to prepare a written presentation on the case at the
court hearing. The presentation must summarize the contents of the case and
judgments and rulings of the courts at all levels, and contents of the protest.
The presentation shall be sent to members of the cassation trial panel at least
7 days before the date of opening the cassation hearing.

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1. After the presiding
judge opens the court hearing, a member of the cassation trial panel shall
summarize the contents of the case, the case trial process, rulings of the
legally effective court judgment or ruling protested against, grounds for and
reasoning in the protest, and requests of the protester. If the procuracy files
a protest, its representative shall present the protest contents.

2. The involved parties,
lawful representatives or defense counsels of lawful rights and interests of
the involved parties and other procedure participants who are summoned by the
court to the cassation hearing shall present their opinions on issues as
requested by the cassation trial panel. In case these persons are absent but
send their written opinions to the hearing, the cassation trial panel shall
disclose their opinions.

3. A representative of
the procuracy shall present opinions on the protest decision and settlement of
the case.

Right after the end of
the court hearing, the procurator shall send a written record of opinions to
the court for inclusion in the case file.

4. Members of the cassation
trial panel shall present and discuss opinions. The cassation trial panel shall
deliberate the judgment, vote on the settlement of the case and disclose the
contents of the ruling on the case settlement at the court hearing. Judgment
deliberation must adhere to the principles prescribed in Article 191 of this
Law.

5. If the Judicial
Committee of a superior people’s court conducts trial under Point a, Clause 1,
Article 266 of this Law, the trial panel’s ruling shall be voted for by all of
its members.

If the trial is conducted
under Point b, Clause 1, Article 266 of this Law, the hearing by the entire
Judicial Committee of the superior people’s court shall be attended by at least
two-thirds of the total members of the Committee; the Committee’s ruling must
be voted for by more than half of its total members.

6. If the Judicial
Council of the Supreme People’s Court conducts trial under Point a, Clause 2,
Article 266 of this Law, the trial panel’s ruling shall be voted for by all of
its members.

If the trial is conducted
under Point b, Clause 2, Article 266 of this Law, the hearing by the entire
Judicial Council of the Supreme People’s Court shall be attended by at least
two-thirds of total members of the Council; the Council’s ruling must be voted
for by more than half of its total members.

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1. The cassation trial
panel shall only review parts of the legally effective judgment or ruling which
are protested against or related to the review of the protested contents.

2. The cassation trial
panel may review parts of the legally effective judgment or ruling which are
neither protested against nor related to the protested contents if these parts
infringe upon public interests, interests of the State, or lawful rights and interests
of third parties other than the involved parties in the case.

Article
272. Jurisdiction of cassation review
panel

1. To reject the protest
and uphold the legally effective judgment or ruling.

2. To annul the legally
effective judgment or ruling protested against and uphold the lawful judgment
or ruling of a subordinate court which has been annulled or modified.

3. To annul the legally
effective judgment or ruling protested against for retrial according to
first-instance or appellate procedures.

4. To annul the judgment
or ruling of the court that has settled the case, and terminate the settlement
of the case.

5. To modify part or the
whole of the legally effective court judgment or ruling.

Article
273. Annulment of legally effective
judgments or rulings which are protested against and upholding of lawful
judgments or rulings of subordinate courts which have been annulled or modified

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In case the court
judgment or ruling has been partly or wholly executed, the cassation trial
panel shall redress consequences of such execution.

Article
274. Annulment of legally effective
judgments or rulings which are protested against for retrial according to
first-instance or appellate procedures

The cassation trial panel
shall issue a decision to annul the legally effective judgment or ruling
protested against for retrial according to first-instance or appellate
procedures in the following cases:

1. The evidence collection and burden of proof have
been carried out inadequately or in contravention of Chapter VI of this Law;

2. The conclusions in the judgment or ruling do not
conform to the objective circumstances of the case or there is a serious
mistake in the application of law;

3. The composition of the first-instance or
appellate trial panel is incompliant with this Law or there is another serious
procedural violation.

Article
275. Annulment of judgments or rulings of
courts that have settled the cases and termination of settlement of the cases

The cassation trial panel
shall issue a decision to annul the judgment or ruling of the court that has
settled the case and to terminate the settlement of the case if, during the
first-instance or appellate trial, there arises one of the cases specified in
Clause 1, Article 143 of this Law. The cassation court shall return the case
file to the court that has conducted the first-instance trial for returning the
lawsuit petition together with enclosed documents and evidences to the plaintiff,
if so requested.

In case the court
judgment or ruling has been partly or wholly executed, the cassation trial
panel shall redress consequences of such execution.

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1. The cassation trial
panel shall issue a decision to modify part or the whole of the legally
effective court judgment or ruling when the following conditions are fully
satisfied:

a/ Documents and
evidences in the case file are adequate and clear; there are enough grounds for
clarifying circumstances in the case;

b/ The modification does
not affect the rights and obligations of other agencies, organizations or
individuals.

2. In case the court
judgment or ruling has been partly or wholly executed, the cassation ừial panel shall
redress consequences of such execution.

Article
277. Cassation ruling

1. The cassation trial
panel shall make a cassation ruling in the name of the Socialist Republic of
Vietnam.

2. A cassation ruling
must have the following contents:

a/ Date and venue of the
cassation court hearing;

b/ Full names of members
of the cassation trial panel; or full name and position of the presiding judge
and number of members participating in trial, in case the cassation trial panel
is the Judicial Committee of a superior people’s court or the Judicial Council
of the Supreme People’s Court;

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d/ Name of the case
brought to cassation trial by the panel;

dd/ Full names and addresses of the involved parties in the
case;

e/ Summary of the
contents of the case, rulings of the legally effective judgment or ruling
protested against;

g/ Protest decision;
reason for making the protest;

h/ Reasoning by the
cassation trial panel, including an analysis of the grounds for accepting or
rejecting the protest; and reasoning by the cassation trial panel on the legal
issues raised and settled in the case (if any);

i/ Points, clauses and articles of the Law on Administrative
Procedures which the cassation trial panel refers to in making the ruling;

k/ Ruling of the
cassation trial panel.

3. A ruling of the
cassation trial panel of the Judicial Council of the Supreme People’s Court must
have reasoning to clarify provisions which are understood in different ways;
analyze and explain legal issues and events, and point out causes, solutions
and legal norms that need to be applied (if any).

Article
278. Effect of cassation rulings

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Article
279. Sending of cassation rulings

Within 5 working days
after making a cassation ruling, the cassation trial panel shall send it to:

1. The involved parties;

2. The court that has
rendered the legally effective judgment or ruling protested against, annulled
or modified;

3. The same-level
procuracy and procuracy competent to supervise the judgment execution;

4. The competent civil
judgment enforcement agency;

5. The immediate superior
agency of the defendant;

6. Cassation rulings
shall be posted by the cassation court on its e-portal (if any), except those
containing information mentioned in Clause 2, Article 96 of this Law.

Chapter
XVI

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Article
280. Nature of reopening

Reopening means the
review of a legally effective judgment or ruling which is protested against due
to the occurrence of newly discovered circumstances which may substantially
change the contents of such judgment or ruling and which were unknown to the
court and involved parties when the court rendered such judgment or ruling.

Article
281. Grounds for protest according to
reopening procedures

A legally effective court
judgment or ruling shall be protested against according to reopening procedures
when there is one of the following grounds:

1. An important circumstance of the case is newly
discovered, which the court and involved parties could not know during the
settlement of the case;

2. There is a ground to
prove that the conclusions of the expert witness or interpretations of the
interpreter were untruthful or an evidence was forged;

3. The judge, people’s
assessor or procurator intentionally falsified the case file or deliberately
made unlawful conclusions;

4. The judgment or ruling
of a court or decision of a state agency which the court has referred to for
the settlement of the case has been annulled.

Article 282. Notification and verification of newly discovered
circumstances

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2. If discovering new
circumstances of the case, the procuracy or court shall notify them in writing
to persons competent to protest defined in Article 283 of this Law.

3. If discovering new
circumstances of the case, the chief justice of a provincial-level people’s
court shall propose the chief justice of a superior people’s court or the Chief
Justice of the Supreme People’s Court, or the chief justice of a superior
people’s court shall propose the Chief Justice of the Supreme People’s Court to
consider filing a protest according to reopening procedures.

Article 283. Persons competent to protest according to reopening
procedures

1. The Chief Justice of
the Supreme People’s Court and the Procurator General of the Supreme People’s
Procuracy have the competence to protest according to reopening procedures
against legally effective judgments or rulings of superior people’s courts or
of other courts when finding it necessary, except rulings of the Judicial
Council of the Supreme People’s Court.

2. Chief justices of
superior people’s courts and chief procurators of superior people’s procuracies
have the competence to protest according to reopening procedures against
legally effective judgments or rulings of provincial- and district-level courts
under their teưitorial jurisdiction.

3. Persons who have
protested against legally effective judgments or rulings may suspend the
execution of such judgments or rulings until reopening decisions are issued.

Article
284. 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 competent to protest becomes aware of a ground for protest according to
reopening procedures specified in Article 281 of this Law.

Article
285. Jurisdiction of the reopening trial
panel

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2. To annul the legally
effective judgment or ruling for retrial according to first-instance procedures
prescribed in this Law.

3. To annul the judgment
or ruling of the court that has tried the case, and terminate the settlement of
the case.

Article
286. Application of provisions of
cassation procedures

Other provisions on
reopening competence and procedures are applied like those on cassation procedures
in this Law.

Chapter
XVII

SPECIAL
PROCEDURES FOR REVIEWING RULINGS OF THE JUDICIAL COUNCIL OF THE SUPREME
PEOPLE’S COURT

Article
287. Requests, recommendations and
proposals for reviewing rulings of the Judicial Council of the Supreme People’s
Court

1. When there is a ground
for ascertaining that there is a serious violation of law or a newly discovered
important circumstance which might substantially change the contents of a
ruling of the Judicial Council of the Supreme People’s Court, which were
unknown to the Council and involved parties when such ruling was made, such
ruling shall be reviewed if:

a/ It is requested by the
National Assembly Standing Committee;

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c/ It is recommended by
the Procurator General of the Supreme People’s Procuracy;

d/ It is proposed by the
Chief Justice of the Supreme People’s Court.

2. Upon request of the
National Assembly Standing Committee, the Chief Justice of the Supreme People’s
Court shall report such to the Judicial Council of the Supreme People’s Court
for reviewing the latter’s ruling.

3. Upon recommendation of
the Judiciary Committee of the National Assembly or the Procurator General of
the Supreme People’s Procuracy or at the proposal of the Chief Justice of the
Supreme People’s Court when discovering a violation or a new important
circumstance, the Chief Justice of the Supreme People’s Court shall report such
to the Judicial Council of the Supreme People’s Court for considering such
recommendation or proposal.

If agreeing with the
recommendation of the Judiciary Committee of the National Assembly or the
Procurator General of the Supreme People’s Procuracy or with the proposal of
the Chief Justice of the Supreme People’s Court, the Judicial Council of the
Supreme People’s Court shall issue a decision to assign the Chief Justice of
the Supreme People’s Court to study the case file and report such to the
Judicial Council of the Supreme People’s Court for consideration and decision.
If disagreeing with such recommendation or proposal, the Judicial Council of
the Supreme People’s Court shall issue a written notice clearly stating the
reason.

4. The session of the
Judicial Council of the Supreme People’s Court to consider the recommendation
or proposal mentioned in Clause 3 of this Article shall be attended by the
Procurator General of the Supreme People’s Procuracy.

Article
288. Sending of documents, case files and
notices related to procedures for reviewing rulings of the Judicial Council of
the Supreme People’s Court

After receiving the
request of the National Assembly Standing Committee or recommendation of the
Judiciary Committee of the National Assembly, or after the Chief Justice of the
Supreme People’s Court proposes in writing the review of the ruling of the
Judicial Council of the Supreme People’s Court under Clause 1, Article 287 of
this Law, the Supreme People’s Court shall send to the Supreme People’s
Procuracy a copy of such request, recommendation or proposal enclosed with the
case file for the latter to study them and prepare opinions for presentation at
the session to consider recommendations and proposals under Article 291 of this
Law. Within 15 days after receiving the case file, the Supreme People’s
Procuracy shall return it to the Supreme People’s Court.

Article
289. Time limit for and notice of opening
a session to consider recommendations and proposals

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2. The Supreme People’s
Court shall notify in writing the Procurator General of the Supreme People’s
Procuracy of the time of opening the session to consider the recommendation or
proposal under Clause 3, Article 287 of this Law.

Article
290. Attendees at a session of the
Judicial Council of the Supreme People’s Court to consider recommendations or
proposals

1. The Procurator General
of the Supreme People’s Procuracy shall attend a session of the Judicial
Council of the Supreme People’s Court to consider the recommendation of the
Judiciary Committee of the National Assembly or the Procurator General of the
Supreme People’s Procuracy or the proposal of the Chief Justice of the Supreme
People’s Court under Clause 4, Article 287 of this Law.

2. A representative of
the Judiciary Committee of the National Assembly shall be invited to attend a
session of the Judicial Council of the Supreme People’s Court to consider the
recommendation of the Judiciary Committee of the National Assembly.

Article
291. Order of conducting a session of the
Judicial Council of the Supreme People’s Court to consider recommendations or
proposals

1. The Chief Justice of
the Supreme People’s Court shall himself/herself present or assign a member of
the Judicial Council of the Supreme People’s Court to present in brief the
contents of the case and the settlement of the case.

2. A representative of
the Judiciary Committee of the National Assembly, the Procurator General of the
Supreme People’s Procuracy or the Chief Justice of the Supreme People’s Court
who makes the recommendation or proposal for reviewing the ruling of the
Judicial Council of the Supreme People’s Court shall present:

a/ The contents of and
grounds for such recommendation or proposal;

b/ Analysis and
assessment of the case’s circumstances, old evidences and additional evidences
(if any) for clarifying the serious violation of law in the ruling of the Chief
Justice of the Supreme People’s Court, or new important circumstances that may
substantially change the contents of such ruling.

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Presentations of the
Procurator General of the Supreme People’s Procuracy shall be in writing and
bear the signature of the Procurator General of the Supreme People’s Procuracy
and sent to the Supreme People’s Court within 5 working days after the end of
the session.

4. The Judicial Council
of the Supreme People’s Court shall discuss and vote by majority on agreement
or disagreement with the recommendation or proposal for reviewing its ruling.

5. If agreeing with the
recommendation of the Judiciary Committee of the National Assembly or
Procurator General of the Supreme People’s Procuracy or with the proposal of
the Chief Justice of the Supreme People’s Court, the Judicial Council of the
Supreme People’s Court shall decide hold a session to review its ruling and
assign the Chief Justice of the Supreme People’s Court to organize the study of
the case file and report such to it for consideration and decision at the
session to review its ruling.

6. If disagreeing with
the recommendation or proposal, the Judicial Council of the Supreme People’s
Court shall notify such in writing to the agencies and individuals defined in
Article 292 of this Law, clearly stating the reason.

7. All developments at
the session to consider recommendations and proposals and rulings approved at
the session shall be recorded in the session minutes and included in the
dossier of review of recommendations and proposals.

Article
292. Notification of results of a session
to consider recommendations or proposals for reviewing rulings of the Judicial
Council of the Supreme People’s Court

Within 5 working days
after the end of the session to consider the recommendation or proposal for
reviewing the ruling of the Judicial Council of the Supreme People’s Court, the
Judicial Council of the Supreme People’s Court shall send to the Procurator
General of the Supreme People’s Procuracy and Judiciary Committee of the
National Assembly a written notice of the Council’s agreement or disagreement
with such recommendation and proposal.

Article
293. Organization of study of case files

1. Upon receiving a
request of the National Assembly Standing Committee or ruling of the Judicial
Council of the Supreme People’s Court as prescribed in Clause 5, Article 291 of
this Law, the Chief Justice of the Supreme People’s Court shall organize the
study of the case file, and verify and collect documents and evidences when
necessary.

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Article
294. Holding of sessions to review rulings
of the Judicial Council of the Supreme People’s Court

1. Within 4 months after
receiving the request of the National Assembly Standing Committee under Clause
2, Article 287 of this Law or after the ruling is made by the Judicial Council
of the Supreme People’s Court under Clause 5, Article 291 of this Law, the
Judicial Council of the Supreme People’s Court shall hold a session with the
participation of all judges of the Supreme People’s Court to review such
ruling.

2. The Supreme People’s
Court shall send to the Supreme People’s Procuracy a written notice of the time
of holding the session to review the ruling of the Judicial Council of the
Supreme People’s Court together with the case file. Within 15 days after
receiving the case file, the Supreme People’s Procuracy shall return it to the
Supreme People’s Court.

Article
295. The Procurator General of the Supreme
People’s Procuracy attending sessions to review rulings of the Judicial Council
of the Supreme People’s Court

1. The Procurator General
of the Supreme People’s Procuracy shall attend a session to review the ruling
of the Judicial Council of the Supreme People’s Court under Clause 4, Article 287
of this Law and present his/her opinions on whether there is a serious
violation of law or a new important circumstance that may substantially change
the contents of such ruling and on the settlement of the case.

2. Presentation of the
Procurator General of the Supreme People’s Procuracy shall be in writing and
bear his/her signature and be sent to the Supreme People’s Court within 5
working days after the conclusion of the session.

Article
296. Competence to review rulings of the
Judicial Council of the Supreme People’s Court

1. After hearing the
report of the Chief Justice of the Supreme People’s Court and opinions of the
Procurator General of the Supreme People’s Procuracy and related agencies,
organizations and individuals (if any) that are invited to attend the session,
the Judicial Council of the Supreme People’s Court shall make a ruling to annul
its ruling which contains a serious violation of law or a new important
circumstance that may substantially change the contents of such ruling; annul
the legally effective judgment or ruling of the subordinate court which
contains a serious violation of law or a new important circumstance that may
substantially change the contents of such judgment or ruling, and shall, on a
case-by-case basis, decide to:

a/ Reject the lawsuit
institution claim if it is groundless;

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c/ Accept part or the
whole of the lawsuit institution claim and pronounce the administrative act as
illegal; and compel the state agency or a competent person of the state agency
to end such illegal administrative act;

d/ Accept the lawsuit
institution claim and pronounce to annul the unlawful disciplinary decision on
dismissal; and compel the head of the agency or organization to perform tasks
or official duties prescribed by law;

dd/ Accept part or the
whole of the lawsuit institution claim and pronounce to annul part or the whole
of the decision on settlement of the complaint about the unlawful decision on
handling the competition case; and compel the agency or person that has the competence
to issue a decision on settlement of the complaint about the decision on
handling the competition case to re-settle the case in accordance with the
Competition Law;

e/ Determine the
compensation liability for the cases specified at Points b, c, d and dd, Clause
1 of this Article, and compel agencies or organizations to pay compensation or
restore lawful rights and interests of organizations or individuals, public
interests, interests of the State, lawful rights and interests of third parties
which are infringed upon by unlawful administrative decisions, administrative
acts, or disciplinary decisions on dismissal or decisions on handling
competition cases; determine the compensation liability of the Supreme People’s
Court that has made the ruling seriously violating law annulled due to its
unintentional or intentional fault and causing damage to the involved parties,
or determine the asset compensation liability in accordance with law;

g/ Propose a competent
state agency or its head to examine the responsibility of this agency or a
competent person of this agency if it/he/she intentionally violates law,
causing serious consequences to agencies, organizations or individuals.

2. A ruling of the
Judicial Council of the Supreme People’s Court must be voted for by at least
three-fourths of the total members of the Council.

Article
297. Notification of results of sessions
of the Judicial Council of the Supreme People’s Court to review its rulings

Within 30 days after the
Judicial Council of the Supreme People’s Court issues a ruling prescribed in
Clause 1, Article 296 of this Law, the Supreme People’s Court shall send the
ruling to the National Assembly Standing Committee, Judiciary Committee of the
National Assembly, Supreme People’s Procuracy, court that has settled the case,
and involved parties.

Chapter
XVIII

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Article
298. Principles of application

1. This Chapter
prescribes procedures for settlement of administrative cases involving foreign
elements. If this Chapter does not prescribe such procedures, other relevant
provisions of this Law shall be applied to settle such cases.

2. Administrative case
involving foreign elements means an administrative case falling in any of the
following cases:

a/ An involved party is a
foreigner, foreign agency or organization, branch or representative office of a
foreign agency or organization, or an international organization or its
representative agency in Vietnam;

b/ An involved party is
an overseas Vietnamese citizen;

c/ The administrative
legal relationship is established, changed or terminated overseas;

d/ The case involves
overseas assets.

Article
299. Procedural rights and obligations of
foreign agencies, organizations and individuals, branches or representative
offices of foreign agencies and organizations, and international organizations
or their representative agencies in Vietnam

1. Foreigners, foreign
agencies and organizations, branches or representative offices of foreign
agencies and organizations, and international organizations or their
representative agencies in Vietnam may institute lawsuits at Vietnamese courts
to request review of administrative decisions or administrative acts when
having grounds to believe that such decisions or acts are illegal and infringe
upon their lawful rights and interests.

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3. The Vietnamese State
may apply the principle of reciprocity to restrict relevant administrative
procedural rights of foreigners, foreign agencies and organizations, branches
or representative offices of foreign agencies and organizations, and
international organizations or their representative agencies in Vietnam which
the courts of their countries have restricted toward Vietnamese citizens,
agencies and organizations, and branches and representative offices of overseas
Vietnamese agencies and organizations.

Article
300. Administrative procedure legal
capacity and administrative procedure act capacity of foreigners

1. Administrative
procedure legal capacity and administrative procedure act capacity of a
foreigner shall be determined as follows:

a/ Under the law of the
country of which he/she is a citizen. For a stateless foreigner, his/ her
administrative procedure legal capacity and administrative procedure act
capacity shall be determined under the law of the country where he/she resides.
For a stateless foreigner residing in Vietnam, his /her administrative procedure
legal capacity and administrative procedure act capacity shall be determined
under Vietnamese law;

b/ Under the law of one
of the countries of which he/she is a citizen and where he/she resides, if
he/she has different foreign citizenships.

For a foreigner who has
different citizenships and resides in a country of which he/she is not a
citizen, his/her administrative procedure legal capacity and administrative
procedure act capacity shall be determined under the law of the country of
which he/she is a citizen for the longest time;

c/ Under Vietnamese law,
if he/she has different citizenships including Vietnamese citizenship, or if
he/she has a card for permanent residence or temporary residence in Vietnam.

2. A foreigner may have
his/her administrative procedure act capacity recognized at a Vietnamese court
if he/she has such capacity in accordance with Vietnamese law in spite of not
having it in accordance with the law of the relevant foreign country.

Article
301. Administrative procedure legal
capacity of foreign agencies and organizations, branches or representative
offices of foreign agencies and organizations, and international organizations
or their representative agencies in Vietnam

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Administrative procedure
legal capacity of a branch or representative office of a foreign agency or
organization in Vietnam shall be determined in accordance with Vietnamese law.

2. Administrative
procedure legal capacity of an international organization or its representative
agency shall be determined under the treaty based on which such organization is
established, the working regulation of such organization, or the treaty to
which the Socialist Republic of Vietnam and such organization are contracting
parties.

If the international
organization declares to waive its privileges or immunities, its administrative
procedures legal capacity shall be determined in accordance with Vietnamese
law.

Article
302. Protection of lawful rights and
interests of involved parties being foreigners, foreign agencies and organizations,
branches or representative offices of foreign agencies and organizations, and
international organizations or their representative agencies in Vietnam

The involved parties
being foreigners, foreign agencies and organizations, branches or representative
offices of foreign agencies and organizations, and international organizations
or their representative agencies in Vietnam that participate in procedures at
Vietnamese courts may ask lawyers to defend their lawful rights and interests
in accordance with Vietnamese law.

Article 303. Modes of delivering and notifying courts’ procedural
documents to overseas involved parties

1. The court shall
deliver or notify its procedural documents by any of the following modes:

a/ The mode prescribed in
the treaty to which the Socialist Republic of Vietnam is a contracting party;

b/ Through the diplomatic
channel, for the involved party residing in the country that, like the
Socialist Republic of Vietnam, is not a contracting member to a relevant
treaty;

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d/ By post to the overseas representative mission of the
Socialist Republic of Vietnam for being delivered to the involved party being
an overseas Vietnamese citizen;

dd/ Through its
representative office or branch in Vietnam in accordance with this Law, for
foreign agencies or organizations having representative offices or branches in
Vietnam;

e/ By post to the
Vietnam-based at-law representative or authorized representative of the
involved party in a foreign country.

2. The modes of delivery
specified at Points a and b, Clause 1 of this Article must comply with the law
on mutual judicial assistance.

3. If the modes of delivery
specified in Clause 1 of this Article are unsuccessfully applied, the court
shall post up the procedural document at the head office of the relevant
overseas representative mission of the Socialist Republic of Vietnam, the court
currently settling the case, or the last place of residence of the involved
party in Vietnam for 30 days and on the court’s e-portal (if any) and the
e-portal of the relevant overseas representative mission of the Socialist
Republic of Vietnam. When necessary, the court may notify the procedural
document in the global channel of the central radio or television 3 times in 3
consecutive days.

Article
304. Notification of acceptance of, and
date for opening, sessions or court hearings

1. The court shall send a
notice of acceptance of the case to overseas involved parties, clearly stating
the time and venue for holding a session to examine the handover of, access to,
and disclosure of evidences and dialogues (the session), or resumption of the
session, and opening or resumption of the court hearing.

2. The time limit for
opening a session or court hearing shall be determined as follows:

a/ A session shall be
opened within 4 months to 6 months after the issuance of a written notice of
acceptance of the case. The date of resumption of a session (if any) shall be
fixed within 30 days after the date of opening such session.

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Article
305. Handling of results of delivery of
courts’ procedural documents to overseas involved parties

Upon receiving results of
delivery of the court’s procedural document and results of collection of
evidences in a foreign country, the court shall, on a case-by-case basis:

1. Not hold a session
when it has received the delivery results by one of the modes specified in
Clause 1, Article 303 of this Law and the involved parties have provided
sufficient testimonies, documents and evidences, and the administrative case
falls into the case where no dialogue can be held prescribed in Article 135 of
this Law.

2. Postpone the session
if the court has received the notice of delivery completion but until the date
of holding the session, it receives no testimonies, documents or evidences from
the involved parties that do not ask for permitted absence from the session. In
case overseas involved parties are still absent on the date of session
resumption, the court shall consider it impossible for holding a dialogue in
the case.

3. Postpone the court
hearing in the following cases:

a/ Overseas involved
parties request in writing the postponement of the initial court hearing;

b/ Overseas involved
parties are absent from the initial .court hearing, unless they make a written
request for trial to be conducted in their absence.

4. Postpone the court
hearing, if it receives no notice of delivery results or testimonies, documents
or evidences of overseas involved parties and, on the date of opening the court
hearing, these involved parties are still absent and make no written request
for trial to be conducted in their absence.

Right after the
postponement of the court hearing, the court shall request in writing the
Ministry of Justice or overseas representative mission of the Socialist
Republic of Vietnam to notify the delivery of the court’s procedural document
to the involved parties in case the court makes the delivery via this mission
by one of the modes prescribed at Points a, b and d, Clause 1, Article 303 of
this Law.

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Within 10 days after
receiving the court’s request, the Ministry of Justice shall request in writing
the competent foreign agency to give a reply on the result of judicial mandate.

Within 5 working days
after receiving the reply from the competent foreign agency, the Ministry of
Justice shall give a reply to the court.

Past the 3-month time
limit from the date of transferring the court’s request to the competent
foreign agency, if receiving no reply, the Ministry of Justice shall notify
such to the court for use as a ground for settlement of the case.

5. Conduct trial in the
absence of overseas involved parties in the following cases:

a/ It has received the
result of delivery of the procedural document to the involved parties by one of
the modes prescribed in Clause 1, Article 303 of this Law and the involved
parties have provided sufficient testimonies, documents or evidences and
requested the court to conduct trial in their absence;

b/ It receives no notice
from the competent agency mentioned in Clause 4 of this Article regarding the
delivery result;

c/ It has taken the
measures mentioned in Clause 3, Article 303 of this Law.

Article
306. Recognition of papers and documents
made, issued or certified by competent foreign agencies or sent by post to
Vietnamese courts by overseas individuals

1. Vietnamese courts
shall recognize papers and documents made, issued or certified by competent
foreign agencies or organizations in the following cases:

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b/ Papers and documents
are exempt from consular legalization in accordance with Vietnamese law or
treaty to which the Socialist Republic of Vietnam is a contracting party.

2. Vietnamese courts
shall recognize papers and documents made by overseas individuals in the
following cases:

a/ Foreign-language papers
and documents already translated into Vietnamese are lawfully notarized or
certified in accordance with the Vietnamese law;

b/ Papers and documents
made in a foreign country are notarized or certified in accordance with the law
of that country and have been legalized by consular offices;

c/ Papers and documents
made in Vietnamese by overseas Vietnamese citizens with their signatures
certified in accordance with Vietnamese law.

Article
307. Time limit for appealing against court
judgments or rulings on trial of administrative cases involving foreign
elements

1. Involved parties
present in Vietnam may appeal against a court judgment or ruling within the
time limit specified in Article 206 of this Law.

2. For overseas involved
parties who are absent from the court hearing, the time limit for them to
appeal against a court judgment or ruling is 30 days after such judgment or
ruling is duly delivered or posted up in accordance with law.

3. In case the court
conducts trial in the absence of overseas involved parties under Point b,
Clause 5, Article 305 of this Law, the time limit for filing an appeal is 12
months after the judgment is pronounced.

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Appellate courts shall
deliver or notify procedural documents to overseas involved parties and handle
delivery or notification results in accordance with Articles 303, 304 and 305
of this Law.

Chapter
XIX

PROCEDURES
FOR EXECUTION OF COURT JUDGMENTS OR RULINGS ON ADMINISTRATIVE CASES

Article
309. Court judgments or rulings on
administrative cases to be executed

1. Legally effective
judgments or rulings of the first-instance court or parts thereof which are not
appealed or protested against according to appellate procedures.

2. Judgments or rulings
of the appellate court.

3. Cassation or reopening
rulings of the court.

4. Rulings made according
to special procedures of the Judicial Council of the Supreme People’s Court
under Article 296 of this Law.

5. Court rulings to apply
provisional urgent measures though they may be appealed or protested against.

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1. The judgment creditor,
judgment debtor, person with interests and obligations related to the execution
of a court judgment or ruling, and the civil judgment enforcement agency may
request in writing the court that has made the judgment or ruling specified in
Clause 1, 2, 3 or 4, Article 309 of this Law to explain unclear contents in the
judgment or ruling for execution.

2. The presiding judge of
the court hearing or session shall explain the court judgment or ruling. In
case he/she no longer works as judge of the court, the chief justice of such
court shall explain the judgment or ruling.

3. The explanation of a
court judgment or ruling shall be based on such judgment or ruling, minutes of
the court hearing or session and minutes of judgment deliberation.

4. Within 15 days after receiving
a written request, the court shall send a written explanation to the agency,
organization and individual to which/whom the judgment or ruling is issued or
sent in accordance with this Law.

Article
311. Execution of court judgments and
rulings

1. A court judgment or
ruling on an administrative case specified in Article 309 of this Law shall be
executed as follows:

a/ If it rejects the
claim for institution of a lawsuit over an administrative decision,
disciplinary decision on dismissal, or decision on settlement of a complaint
about the decision on handling a competition case or voter list, the involved
parties shall continue implementing such decision in accordance with law;

b/ If it has annulled the
whole or part of an administrative decision or decision on settlement of a
complaint about the decision on handling a competition case, the decision or
part of decision which has been annulled is no longer effective. The involved
parties shall execute the judgment or ruling based on the rights and obligations
already identified therein;

c/ If it has annulled the
disciplinary decision on dismissal, this decision is no longer effective. The
head of the agency or organization that has issued such decision shall execute
the judgment or ruling;

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dd/ If it has declared
the act of failing to perform a task or an official duty as illegal, the
judgment debtor shall perform this task or official duty in accordance with law
upon receiving the court judgment or ruling;

e/ If it has compelled
the voter list-making agency to modify and supplement this list, the judgment
debtor shall immediately modify or supplement the list upon receiving the court
judgment or ruling;

g/ If the court has
issued a decision on application of a provisional urgent measure, the person to
whom such measure is applied shall execute such decision upon receiving it;

h/ Rulings on assets in
the court judgment or ruling shall be executed in accordance with the law on
execution of civil judgments.

2. Time limit for
voluntary judgment execution shall be determined as follows:

a/ The judgment debtor
shall execute the court judgment or ruling prescribed at Point e or g, Clause 1
of this Article upon receiving it;

b/ The judgment debtor shall execute the court judgment or
ruling prescribed at Point a, b, c, d or dd, Clause 1 of this Article within 30
days after receiving it.

The agency obliged to
execute the court judgment or ruling shall notify in writing the judgment
execution result prescribed in this Clause to the court that has conducted the
first- instance trial and the same-level civil judgment enforcement agency.

1. Past the time limit prescribed
in Clause 2 of this Article, if the judgment debtor fails to execute the court
judgment or ruling, the judgment creditor may file a written request to the
court that has conducted the first-instance trial for issuance of a decision
compelling the execution of such judgment or ruling under Clause 1, Article 312
of this Law.

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1. Within 1 year after
the expiration of the time limit prescribed at Point b, Clause 2, Article 311
of this Law, if the judgment debtor fails to voluntarily execute the court
judgment or ruling, the judgment creditor may file a written request enclosed
with a copy of the judgment or ruling and other relevant documents to the court
that has conducted the first-instance trial for issuance of a decision
compelling the execution of such judgment or ruling.

If the judgment execution
requester can prove that he/she/it cannot request the judgment execution within
the prescribed time limit due to an objective obstacle or a force majeure
event, the duration in which such obstacle or event exists will not be included
in the time limit for making a judgment execution request.

2. Within 5 working days
after receiving the judgment creditor’s request, the court that has conducted
the first-instance trial shall issue a decision compelling the execution of the
administrative judgment. This decision shall be sent to the judgment debtor,
judgment creditor, head of the immediate superior agency of the judgment debtor
and same-level procuracy. The head of the immediate superior agency of the
judgment debtor shall examine, urge, and determine responsibilities of, the
judgment debtor in accordance with law. Such decision shall also be sent to the
civil judgment enforcement agency of the locality where the court has conducted
the first- instance trial for monitoring the execution of the administrative
judgment under the court ruling.

3. The Government shall
specify time limit, order and procedures for execution of administrative
judgments and determination of responsibilities of persons who fail to execute
court judgments or rulings.

Article
313. State management of execution of
administrative judgments

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 on the execution of administrative judgments to the
National Assembly.

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/ To promulgate or
submit to competent agencies for promulgation legal documents on execution of
administrative judgments;

b/ To ensure payrolls, physical
facilities and equipment for the state management of the execution of
administrative judgments;

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d/ To conduct examination
and inspection, and settle complaints and denunciations about the management of
the execution of administrative judgments;

dd/ To report on the
execution of administrative judgments to the Government;

e/ To work out, and
organize the implementation of, plans on statistics, monitoring and review of
the execution of administrative judgments.

Article
314. Handling of violations in the
execution of administrative judgments

1. Agencies, organizations
and individuals that are obliged to execute court judgments or rulings or
decisions compelling judgment execution but intentionally fail to execute them
shall, on a case-by-case basis, be disciplined, administratively sanctioned or
examined for penal liability in accordance with law.

2. Those who abuse their
positions and powers to intentionally obstruct the judgment execution shall, on
a case-by-case basis, be disciplined, administratively sanctioned or examined
for penal liability in accordance with law and, if causing damage, pay
compensation in accordance with law.

Article
315. Supervision of the execution of court
judgments and rulings

Procuracies shall
supervise the law observance by the involved parties and agencies,
organizations and individuals related to the execution of court judgments or
rulings in order to ensure the timely, adequate and lawful execution.

Procuracies may propose
agencies, organizations and individuals obliged to execute administrative
judgments and immediate superior agencies and organizations of agencies and
organizations obliged to execute court judgments and rulings to take measures
to organize the strict execution of court judgments and rulings.

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HANDLING OF
ACTS OBSTRUCTING ADMINISTRATIVE PROCEDURES

Article
316. Handling of acts violating rules of
court hearings

1. Persons who violate
the rules of court hearings prescribed in Article 153 of this Law shall,
depending on the nature and severity of their violations, be administratively
sanctioned as decided by the presiding judge in accordance with law.

2. The presiding judge
may issue a decision compelling violators defined in Clause 1 of this Article
to leave the court room. The public security agency tasked to protect the court
hearing or person tasked to maintain order at the court hearing shall execute
the presiding judge’s decision or temporarily hold in custody those who cause
disorder at the court hearing.

3. In case violations are
serious enough for violators to be examined for penal liability, the court may
institute a criminal case in accordance with the criminal procedure law.

4. The provisions of this
Article also apply to persons who commit violations at court sessions.

Article
317. Handling of contempt of court, acts
harming the honor, dignity or health of procedure-conducting persons or others
performing tasks at the request of the court

Those who commit contempt
of court, or acts harming the honor or dignity of procedure conducting persons
or others who perform tasks at the request of the court shall, depending on the
nature and severity of their violations, be administratively sanctioned or
examined for penal liability in accordance with law.

Article
318. Handling of acts obstructing the
verification and collection of evidences by the court

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1. Forging or destroying important documents to obstruct
the settlement of the case by the court;

2. Refusing to declare, making untruthful
declaration, or providing untruthful documents when acting as a witness;

3. Rejecting expert-examination conclusions,
refusing to provide documents without a plausible reason, or making untruthful
expert-examination conclusions;

4. Deceiving, threatening, forcing, bribing, or
using force to prevent, a witness from giving testimonies, or compelling others
to deceitfully act as a witness;

5. Deceiving, threatening, forcing, bribing, or
using force to prevent, an expert witness from performing his/her duty, or
compelling him/her to make an untruthful conclusion;

6. Deceiving, threatening, forcing, bribing, or
using force to prevent, an interpreter from performing his/her duty or
compelling him/her to give untruthful, biased or wrong interpretation;

7. Obstructing a procedure-conducting person to
make on-spot consideration and appraisal, decide on valuation, decide on solicitation
of expert examination, or verify or collect other evidences in accordance with
this Law;

8. Intentionally giving untruthful interpretation;

9. Failing to assign a person to join the Valuation
Council at the request of the court without a plausible reason; failing to
perform the duties of the Valuation Council without a plausible reason.

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1. A witness, an interpreter or an expert witness who
has been validly summoned by the court but intentionally fails to come to or is
absent from the court hearing or session without a plausible reason shall be
administratively sanctioned in accordance with law if his/her absence impedes
the evidence collection or verification or settlement of the case.

2. In the case specified in Clause 1 of this
Article, the court may issue a ruling to escort the witness to the court
hearing or session, unless the witness is a minor. The witness escort decision
must clearly state the time and venue of issuance; full name and position of
the issuer; full name, date of birth and place of residence of the witness; and
time and venue when and where the witness must show up.

3. The public security agency shall execute the
court’s witness escort decision. The person executing this decision shall read
and explain it to the escorted person and make a record of the escort.

Article
320. Handling of acts interfering in the
settlement of cases

Those who use their
influence to exert impacts in any form on the judge or another member of the
trial panel in order to make the settlement of the case biased or unlawful
shall, depending on the nature and severity of their violations, be
disciplined, administratively sanctioned or examined for penal liability in
accordance with law.

Article
321. Responsibilities of the court and
procuracy when the court institutes criminal cases

1. If the court
institutes a criminal case under Clause 3, Article 316 of this Law, within 15
days after issuing a decision on institution of criminal case, the court shall
hand it to the procuracy competent to decide to institute criminal cases and
documents and evidences for proving the criminal act.

2. The procuracy shall
consider and handle the case in accordance with the Criminal Procedure Code.

Article
322. Handling of acts obstructing the
handover, receipt, issuance or delivery or notification of court procedural
documents

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1. Failing to issue, hand
over, deliver or notify without a plausible reason the court procedural
document though having been requested by the court;

2. Destroying the court
procedural document handed over to them for issuance or delivery as requested
by the court;

3. Forging the result of
delivery or notification of the court procedural document as assigned to them;

4. Obstructing the
issuance, handover, receipt, delivery or notification of the court procedural
document.

Article
323. Handling of acts preventing
representatives of agencies, organizations or individuals from participating in
procedures as requested by courts

Those who threaten, assault,
or take advantage of others’ dependence to prevent representatives of agencies,
organizations or individuals from being present at court hearings or sessions
as summoned by the court shall, depending on the nature and severity of their
violations, be disciplined, administratively sanctioned or examined for penal
liability in accordance with law.

Article
324. Handling of acts of reporting
untruthful information in order to obstruct the settlement of cases by the
court

Those who report
untruthful information in order to obstruct the settlement of the case shall,
depending on the nature and severity of their violations, be disciplined,
administratively sanctioned or examined for penal liability in accordance with
law.

Article
325. Handling of failure of agencies,
organizations and individuals to execute court rulings on provision of
documents and evidences to the court

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2. Individuals or heads of agencies or organizations defined
in Clause 1 of this Article shall, depending on the severity of their
violations, be disciplined or examined for penal liability in accordance with
law.

Article
326. Sanctioning forms, competence, order
and procedures The forms, competence, order and procedures for administratively
sanctioning acts obstructing administrative procedure activities must comply
with the Law on Handling of Administrative Violations and other relevant laws.

Chapter
XXI

COMPLAINTS
AND DENUNCIATIONS IN ADMINISTRATIVE PROCEDURES

Article
327. Decisions and acts in administrative
procedures which may be complained about

1. Agencies, organizations and individuals 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 infringe upon their lawful
rights and interests.

2. First-instance, appellate, cassation or
reopening court judgments or rulings against which appeals or protests are
filed or other procedural decisions issued by administrative procedure
conducting persons about which complaints or recommendations are filed shall be
settled under relevant chapters of this Law rather than this Chapter.

Article
328. Rights and obligations of
complainants

1. A complainant has the
following rights:

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b/ To file a complaint at
any stage of the process of settlement of the case;

c/ To withdraw a
complaint at any stage of the process of settlement of the complaint;

d/ To receive a written
reply on the acceptance of his/her complaint for settlement; to receive the
complaint settlement decision;

dd/ To have his/her
infringed lawful rights or interests restored; to receive compensation for
damage in accordance with law.

2. A complainant has the
following obligations:

a/ To file 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 refrain from
abusing the right to complaint to obstruct procedural activities of the court;

d/ To abide by decisions
and obey acts of the procedure-conducting person with whom he/she files the
complaint during the time of complaint;

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Article
329. Rights and obligations of complained
persons

1. A complained person
has the following rights:

a/ To be in formed of
grounds for the complainant to file the complaint; to produce evidences of the
lawfulness 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. A complained person
has the following obligations:

a/ To explain his/her
decision or act in administrative procedures which is complained about; to
provide relevant information or documents when so requested by competent
agencies, organizations or individuals;

b/ To abide by the legally
effective complaint settlement decision;

c/ To pay compensation
for damage or reimburse or remedy the consequences caused by his/her illegal
decision or act in administrative procedures in accordance with law.

Article
330. Statute of limitations for filing a
complaint

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In case the complainant
cannot exercise his/her right to file a complaint within the time limit
prescribed in this Article due to a force majeure event or an objective
obstacle, the duration in which such event or obstacle exists will not be
included in the statute of limitations for filing a complaint.

Article
331. Mode of filing a complaint

A complaint shall be
lodged in writing. The written complaint must clearly state the date of the
complaint; full name and address of the complainant; contents of and reason for
filing the complaint, and request of the complainant, and shall be signed or
fingerprinted by the complainant.

Article
332. Competence to settle complaints about
decisions or acts of procedure- conducting persons

1. The chief justice of
the court currently settling the administrative case has the competence to
settle a complaint about the decision or act of the procedure-conducting person
being the judge, deputy chief justice, verifier, court clerk or people’s
assessor.

For a complaint about the
procedural decision or act of the chief justice of a court, the chief justice
of the immediate superior court has the competence to settle it.

2. The chief procurator
of a procuracy has the competence to settle a complaint about the decision or
act of the procedure-conducting person being the procurator, deputy chief
procurator or examiner.

For a complaint about the
procedural decision or act of the chief procurator of a procuracy, the chief
procurator of the immediate superior procuracy has the competence to settle it.

3. The chief justice of
the immediate superior court or chief procurator of the immediate superior
procuracy has the competence to settle a complaint about the first-time
complaint settlement decision of the court’s chief justice or procuracy’s chief
procurator prescribed in Clauses 1 and 2 of this Article.

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The time limit for
first-time complaint settlement is 15 days after the court or procuracy
receives the complaint. When necessary, for a complicated case, the time limit
for complaint settlement may be prolonged but must not exceed 15 days after it
expires.

Article
334. Contents of first-time complaint
settlement decisions

1. A person who conducts
first-time complaint settlement shall issue a written decision on complaint
settlement. This decision must contain the following:

a/ Date of issuance;

b/ Names and addresses of
the complainant and complained person;

c/ Complaint contents;

d/ Result of the
verification of complaint contents;

dd/ Legal grounds for the
complaint settlement;

e/ The subject of the
decision.

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Article
335. Procedures for second-time complaint
settlement

1. Within 5 working days
after the complainant receives the first-time complaint settlement decision, if
he/she disagrees with it or past the time limit prescribed in Article 333 of
this Law, the complaint remains unsettled, the-complainant may file the
complaint with the person competent to conduct second-time complaint
settlement.

2. The complaint shall be
enclosed with a copy of the first-time complaint settlement decision and
relevant documents.

3. The second-time
complaint settlement decision must contain the following:

a/ The contents specified
at Points a, b, c, d and dd, Clause 1, Article 334 of this Law;

b/ Result of complaint
settlement by the person who has conducted the first-time complaint settlement;

c/ Conclusion on each
specific issue in the complaint of the complainant and settlement by the person
who has conducted the second-time complaint settlement.

4. The second-time complaint
settlement decision shall be sent to the complainant and related agencies,
organizations and individuals; the complaint settlement decision of the court’s
chief justice shall also be sent to .the same-level procuracy.

5. The second-time
complaint settlement decision takes effect for implementation.

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The settlement of
complaints about expert examination in administrative procedures must comply
with the law on judicial assessment and other relevant laws.

Article
337. Persons with the right to denounce

Individuals may file
denunciations with competent agencies, organizations or persons about illegal
acts of persons with procedure-conducting competence which cause or threaten to
cause damage to public interests, interests of the State or lawful rights and
interests of agencies, organizations or individuals.

Article
338. Rights and obligations of denouncers

1. A denouncer has the
following rights:

a/ To file his/her
denunciation or personally present it to a competent agency, organization or
person;

b/ To request his/her
full name, address and autograph to be kept secret;

c/ To request the result
of settlement of his/her denunciation to be informed to him/her;

d/ To request competent
agencies, organizations or persons to protect him/her from intimidation,
repression or revenge.

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a/ To honestly present
the contents of his/her denunciation;

b/ To clearly state
his/her full name and address;

c/ To take responsibility
before law for untruthful denunciation.

Article
339. Rights and obligations of denounced
persons

1. A denounced person has
the following rights:

a/ To be notified of denunciation
contents;

b/ To produce evidences
proving that denunciation contents are untrue;

c/ To have his/her lawful
rights and 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 make untruthful
denunciations.

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a/ To explain his/her denounced
act; to provide relevant information and documents when so requested by
competent agencies, organizations or persons;

b/ To abide by the
handling decision of the competent agency, organization or person;

c/ To pay compensation
for damage, reimburse or remedy consequences caused by his/ her illegal
administrative procedural acts in accordance with law.

Article
340. Competence and time limit for
settlement of denunciations

1. Denunciations against
illegal acts of a person with procedure-conducting competence of a certain
competent agency shall be settled by the head of such agency.

In case a denunciation is
filed against the chief justice or a deputy chief justice of a court or the
chief procurator or a deputy chief procurator of a procuracy, the chief justice
of the immediate superior court or the chief procurator of the immediate
superior procuracy shall settle such denunciation.

The time limit for
settlement of a denunciation is 60 days after it is received; for a complicated
case, this time limit may be longer but must not exceed 90 days.

2. Denunciations against
illegal acts which show criminal signs shall be settled in accordance with the
Criminal Procedures Code.

Article
341. Procedures for settlement of
denunciations

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Article
342. Responsibilities of persons competent
to settle complaints or denunciations

1. Competent agencies,
organizations or persons shall, within the ambit of their tasks and powers, receive
and promptly and lawfully settle complaints or denunciations; strictly handle
violators; apply necessary measures to prevent possible damage; ensure strict
execution of complaint or denunciation 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
severity of their violations, be disciplined or examined for penal liability
and, if causing damage, pay compensation in accordance with law.

Article
343. Supervision of law observance in the
settlement of complaints and denunciations in administrative procedures

Procuracies shall
supervise law observance in the settlement of complaints and denunciations in
administrative procedures in accordance with law. Procuracies may request or
recommend courts at the same or subordinate level or responsible agencies,
organizations and persons to ensure the grounded and lawful settlement of
complaints and denunciations.

The Procurator General of
the Supreme People’s Procuracy shall assume the prime responsibility for, and
coordinate with the Chief Justice of the Supreme People’s Court in, detailing
this Article.

Chapter
XXII

LEGAL
COSTS, FEES AND OTHER PROCEDURAL EXPENSES

Section
1. LEGAL COSTS AND FEES

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1. Legal cost advances
include first-instance legal cost advance and appellate legal cost advance.

2. Legal costs include
first-instance legal cost and appellate legal cost.

3. Fees include fee for
issuance of copies of court judgments, rulings, decisions or other papers and
other fees prescribed by law.

Article
345. Handling of collected legal cost
advances, legal costs and fees

1. All collected legal
cost and fee amounts shall be fully and promptly remitted into the state budget
at the state treasury.

2. Legal cost advances
shall be paid to competent judgment enforcement agencies for depositing into
custody accounts opened at state treasuries and shall be withdrawn for judgment
execution under court rulings.

3. The paid legal cost
advance shall be remitted into the state budget riuht after the court judgment
or ruling takes effect.

If the person who has
paid the legal cost advance is entitled to refund of part or the whole of such
advance under the court judgment or ruling, the judgment enforcement agency
that has collected such advance shall carry out procedures for refunding the
advance to the payer.

4. If the settlement of
an administrative case is suspended, the paid legal cost advance shall be
handled when the settlement of such case resumes.

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The collection of legal
cost advances and legal costs, payment of legal cost advances, and collection
of fees must comply with law.

Article
347. Obligation to pay legal cost advances

The plaintiff and person
with related interests and obligations who have independent claims in an
administrative case shall pay first-instance legal cost advance while the
person filing an appeal according to appellate procedures shall pay appellate
legal cost advance, unless they are entitled to exemption from or not required
to pay such advance.

Article
348. Obligation to pay first-instance
legal cost

1. Involved parties shall
bear first-instance legal cost if their request is rejected by the court,
unless they are entitled to exemption from or not required to bear such fee.

2. Before opening a court
hearing, the court shall hold a dialogue; if the involved parties have a
successful dialogue on the settlement of the case, they shall bear only 50% of
the first- instance legal cost prescribed in Clause 1 of this Article.

3. If an involved party
is entitled to exemption from first-instance legal cost, other involved parties
shall still pay such cost under Clauses 1 and 2 of this Article.

4. If the case is
suspended from settlement, the obligation to pay first-instance legal cost
shall be decided when the settlement resumes under this Article.

Article
349. Obligation to bear appellate legal
cost

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2. If the appellate court
modifies the first-instance judgment or ruling which is appealed against, the
appealing involved party is not required to pay appellate legal cost; the
appellate court shall re-determine the obligation to pay first-instance legal
cost under Article 348 of this Law.

3. If the appellate court
annuls the first-instance judgment or ruling which is appealed against for
first-instance retrial, the appealing involved party is not required to pay
appellate legal cost; the obligation to pay legal cost shall be re-determined
upon the first-instance retrial of the case.

Article
350. Obligation to pay fees

The obligation to pay
fees shall be determined depending on each type of job and prescribed by law.

Article
351. Specific provisions on legal costs
and fees

Pursuant to the Law on
Charges and Fees and this Law, the National Assembly Standing Committee shall
specify legal costs and court fees; rates of legal costs and court fees for each
type of case; cases in which involved parties are entitled to exemption from or
are not required to pay legal costs; and other specific matters related to
legal costs and court fee.

Section 2. OTHER PROCEDURAL
EXPENSES

Article
352. Judicial mandate expense and offshore
judicial mandate expense advance

1. Offshore judicial
mandate expense advance means a sum of money the court temporarily calculates
to be paid for judicial mandate upon collecting and providing evidences,
delivering papers, dossiers or documents, summoning witnesses or expert
witnesses, and performing mutual judicial assistance related to the settlement
of an administrative case.

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Article
353. Obligation to pay offshore judicial
mandate expense advance

The plaintiff and person
filing an appeal according to appellate procedures or another involved party in
a case shall pay an offshore judicial mandate expense advance if their request
results in the arising of offshore judicial mandate.

Article
354. Obligation to bear offshore judicial
mandate expense

Unless otherwise agreed
by involved parties or provided by law, the obligation to bear offshore
judicial mandate expense shall be determined as follows:

1. Involved parties shall
bear offshore judicial mandate expense if their request for settlement of the
case is rejected by the court;

2. If the settlement of the
case is suspended under Point c, Clause 1, Article 143, or Clause 1, Article
234, of this Law, the plaintiff shall bear offshore judicial mandate expense.

If appellate trial is
suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article
229, of this Law, the person filing an appeal according to appellate procedures
shall bear offshore judicial mandate expense;

3. For other cases of
suspension of settlement of cases in accordance with this Law, the requester
shall bear offshore judicial mandate expense.

Article
355. Handling of offshore judicial mandate
expense advance

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2. If the person who has
paid a judicial mandate expense advance is liable to bear such expense, and the
paid advance is smaller than the actual judicial mandate expense, he/she shall
pay the deficit; if the paid advance is larger than the actual judicial mandate
expense, he/she will have the surplus refunded under the court ruling.

Article
356. On-spot consideration and appraisal
expense advance and on-spot consideration and appraisal expense

1. On-spot consideration
and appraisal expense advance means a sum of money amount the court temporarily
calculates for conducting on-spot consideration and appraisal.

2. On-spot consideration
and appraisal expense means a necessary and reasonable sum of money to be paid
for on-spot consideration and appraisal as prescribed by law.

Article
357. Obligation to pay on-spot
consideration and appraisal expense advance

1. The person requesting
the court to conduct on-spot consideration and appraisal shall pay an on-spot
consideration and appraisal expense advance as requested by the court.

2. When the court finds
it necessary and decides to conduct on-spot consideration and appraisal, the
plaintiff and person filing an appeal according to appellate procedures shall
pay an on-spot consideration and appraisal expense advance.

Article
358. Obligation to bear on-spot
consideration and appraisal expense

Unless otherwise agreed
by involved parties or provided by law, the obligation to bear on-spot consideration
and appraisal expense shall be determined as follows:

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2. If the settlement of
the case is suspended under Point c, Clause 1, Article 143, or Clause 1,
Article 234, of this Law, the involved parties shall bear on-spot consideration
and appraisal expense.

If appellate trial is
suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article
229, of this Law, the person filing an appeal according to appellate procedures
shall bear on-spot consideration and appraisal expense;

3. For other cases of
suspension of settlement of cases in accordance with this Law, the requester
for consideration or appraisal shall bear on-spot consideration and appraisal
expense.

Article
359. Handling of on-spot consideration and
appraisal expense advances

1. If the person who has
paid an on-spot consideration and appraisal expense advance is not liable to
bear such expense, the person who has to bear such expenses under the court
ruling shall refund such advance to the former.

2. If the person who has
paid an on-spot consideration and appraisal expense advance is liable to bear such
expense, and the paid advance is smaller than the actual on-spot consideration
and appraisal expense, he/she shall pay the deficit; if the paid advance is
larger than the actual on-spot consideration and appraisal expense, he/she will
have the surplus refunded under the court ruling.

Article
360. Expert examination expense advance,
expert examination expense

1. Expert examination
expense advance means a sum of money the expert witness temporarily calculates
for conducting expert examination under the court ruling or at the request of
the involved parties.

2. Expert examination
expense means a necessary and reasonable sum of money to be paid for expert
examination and shall be calculated by the expert witness in accordance with
law.

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Unless otherwise agreed
by the involved parties or provided by law, the obligation to pay expert
examination expense advance shall be determined as follows:

1. The person requesting the court to solicit expert examination
shall pay an expert examination expense advance.

If the involved parties
request the court to solicit expert examination of the same object, either of
the involved parties shall pay half of the expert examination expense advance;

2. If the court finds it
necessary and decides to solicit expert examination, the plaintiff and person
filing an appeal according to appellate procedures shall pay an expert
examination expense advance;

3. The involved parties
and appellant who have requested the court to solicit expert examination but
whose request is rejected and who request by themselves another organization or
individual to conduct expert examination shall pay expert examination expense
advance in accordance with the Law on Judicial Assessment.

Article
362. Obligation to bear expert examination
expense

Unless otherwise agreed
by the involved parties or provided by law, the obligation to bear expert
examination expense shall be determined as follows:

1. The person requesting
the court to solicit expert examination shall bear expert examination expense
if the expert examination result proves his/her request groundless. If the
expert examination result proves his/her request partly grounded, he/she shall
bear the expert examination expense for the part of his/her request already
proved groundless;

2. The person who rejects
the other involved party’s request for expert examination in a case shall pay
the expert examination expense if the expert examination result proves his/her
request grounded. If the expert examination result proves his/her request
partly grounded, the person who rejects the request shall bear the expert
examination expense for the part of the request already proved grounded;

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If appellate trial is
suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article
229, of this Law, the person filing an appeal according to appellate procedures
shall bear expert examination expense;

4. In case a person who
himself/herself requests expert examination under Clause 3, Article 361 of this
Law, if the expert examination result proves such request grounded, the losing party
shall bear expert examination expense. If the expert examination result proves
his/her request partly grounded, he/she shall pay the expert examination
expense for the part of his/her request already proved groundless;

5. For other cases of
suspension of settlement of cases in accordance with this Law, the requester
for expert examination shall bear expert examination expense.

Article
363. Handling of paid expert examination
expense advance

1. If the person who has
paid an expert examination expense advance is not liable to pay such expense,
the person who has to bear such expense under the court ruling shall refund
such advance to the former.

2. If the person who has
paid an expert examination expense advance is liable to bear such expense and
the paid advance is smaller than the actual expert examination expense, he/she
shall pay the deficit; if the paid advance is larger than the actual expert
examination expense, he/she will have the surplus refunded under the court
ruling.

Article
364. Asset valuation expense advance,
asset valuation expense

1. Asset valuation
expense advance means a sum of money the Valuation Council temporarily
calculates for conducting valuation under the court ruling.

2. Asset valuation
expense means a necessary and reasonable sum of money to be paid for asset
valuation and shall be calculated by the Valuation Council in accordance with
law.

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Unless otherwise agreed
by the involved parties or provided by law, the obligation to bear asset
valuation expense shall be determined as follows:

1. The requester for
asset valuation shall pay an asset valuation advance;

2. If the involved
parties cannot reach agreement on price and together request the court to
valuate assets, either of them shall pay half of the asset valuation expense
advance. If there are more than two involved parties, they shall pay asset
valuation expense advance at the level decided by the court;

3. In the case specified
in Clause 3, Article 91 of this Law, the plaintiff and appellant shall pay
asset valuation expense advance.

Article
366. Obligation to bear asset valuation
and asset price appraisal expenses

Unless otherwise agreed
by the involved parties or provided by law, the obligation to bear asset
valuation and asset price appraisal expenses shall be determined as follows:

1. The involved parties
shall bear asset valuation expense if their request is rejected by the court;

2. If the court issues a
valuation decision under Point d, Clause 3, Article 91 of this Law:

a/ The involved parties
shall bear asset valuation expense prescribed in Clause 1 of this

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b/ The court shall pay
asset valuation expense if the valuation result proves the court’s asset
valuation decision groundless.

3. If the settlement of
the case is suspended under Point c, Clause 1, Article 143, or Clause 1,
Article 234, of this Law, and the Valuation Council has conducted valuation,
the plaintiff shall bear asset valuation expense.

If appellate trial is
suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article
229, of this Law, and the Valuation Council has conducted valuation, the person
filing an appeal according to appellate procedures shall bear asset valuation
expense;

4. For other cases of
suspension of settlement of cases in accordance with this Law, if the Valuation
Council has conducted valuation, the valuation requester shall bear asset
valuation expense.

5. The involved parties’
obligation to bear asset price appraisal expense is the same as the obligation
to bear asset valuation expense prescribed in Clauses 1, 3 and 4 of this
Article.

Article
367. Handling of asset valuation expense
advance

1. If the person who has
paid an asset valuation expense advance is not liable to bear such expense, the
person who has to bear such expenses under the court ruling shall refund such
advance to the former.

2. If the person who has paid
an asset valuation expense advance is liable to bear such expense and the paid
advance is smaller than the actual asset valuation expense, he/she shall pay
the deficit; if the paid advance is larger than the actual asset valuation
expense, he/she will have the surplus refunded.

Article
368. Expenses for witnesses

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2. The person who
requests the court to summon a witness shall bear expenses to be paid to this
witness if his/her testimonies are truthful but do not satisfy the requester’s
claim. If testimonies are truthful and have satisfied the requester’s claim,
such expenses shall be borne by the involved party that makes a claim which is
independent from the requester’s.

Article
369. Expenses for interpreters and lawyers

1. Expense for an
interpreter means a sum of money to be paid to the interpreter during the
settlement of an administrative case as agreed by the involved parties and
interpreter or prescribed by law.

2. Expense for a lawyer
means a sum of money to be paid to the lawyer as agreed by the involved parties
and lawyer in accordance with regulations of the law-practicing organization
and law.

3. Expenses for
interpreters and lawyers shall be borne by requesters, unless otherwise agreed
by the involved parties.

4. If the court requests
interpreters, it shall pay expenses for such interpreters.

Article
370. Specific provisions on other
procedural expenses

Pursuant to this Law, the
National Assembly Standing Committee shall specify expenses for offshore
judicial mandate, on-spot consideration and appraisal, expert examination and
asset valuation, and witnesses and interpreters, other procedural expenses
prescribed by other laws, and procedural expense exemption or reduction during
the settlement of cases.

Chapter
XXIII

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Article
371. Effect

1. This Law takes effect
on July 1, 2016, except the following provisions relevant to the provisions of
Civil Code No. 91/2015/QH13 which will take effect on January 1, 2017:

a/ Provisions concerning
persons having difficulty in cognizing and controlling their acts;

b/ Provisions concerning
legal persons being representatives or guardians;

c/ Provisions concerning
households, cooperative groups or organizations without the legal person
status.

2. Law No. 64/2010/QH12
on Administrative Procedures ceases to be effective on the effective date of
this Law.

Article
372. Detailing provision

The National Assembly
Standing Committee, the Government, the Supreme People’s Court and the Supreme
People’s Procuracy shall, within the ambit of their tasks and powers, detail
the articles and clauses in this Law as assigned to them.

This Law was passed on
November 25, 2015, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 10th session.-

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CHAIRMAN OF THE NATIONAL ASSEMBLY

Nguyen Sinh Hung