Ordinance No. 29/2006/PL-UBTVQH11 Amending and Supplementing Certain Articles of the Ordinance on Administrative Litigation Procedures

ORDINANCE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE ORDINANCE ON ADMINISTRATIVE LITIGATION PROCEDURES

administrative cases

________

 

WHEREAS, the Constitution of the Socialist Republic of Vietnam in 1992, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the Tenth National Assembly, tenth session;

This Ordinance amends and supplements certain provisions of the Ordinance on Administrative Litigation Procedures dated May 21, 1996, which has been amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Administrative Litigation Procedures dated December 25, 1998;

Article 1

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE ORDINANCE ON ADMINISTRATIVE LITIGATION PROCEDURES

1. Clause 2 shall be amended and supplemented as follows:

ARTICLE 2

1. Individuals, agencies, organizations have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clauses 1 to 16 of Article 11 of this Ordinance in the following circumstances:

a) Have lodged a complaint with the authority competent to handle the first-level complaint, but, upon expiration of the time limit for handling the complaint as prescribed by law on complaints and denunciations, the complaint was not resolved without continuing to lodge a second-level complaint with the authority competent to handle the second-level complaint;

b) Have lodged a complaint with the authority competent to handle the first-level complaint according to the law on complaints and denunciations, but disagree with the decision resolving the first-level complaint and do not continue to lodge a second-level complaint with the authority competent to handle the second-level complaint;

c) Have lodged a complaint with the authority competent to handle the first-level complaint, but upon expiration of the time limit for handling the complaint as prescribed by law on complaints and denunciations, the complaint was not resolved or although it was resolved, the complainant disagrees with the decision resolving the first-level complaint in cases where the law does not provide the right to lodge a second-level complaint with the authority competent to handle the second-level complaint;

d) Have lodged a complaint with the authority competent to handle the second-level complaint, but upon expiration of the time limit for handling the complaint as prescribed by law on complaints and denunciations, the complaint was not resolved or although it was resolved, the complainant disagrees with the decision resolving the second-level complaint;

2. Individuals, agencies, organizations have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clause 17 of Article 11 of this Ordinance in the following circumstances:

a) For administrative decisions, administrative acts regarding land management handled at the first-level complaint by the Chairman of the People's Committee of district, town, city under province, but the complainant disagrees with that decision and does not continue to lodge a complaint with the Chairman of the People's Committee of province, centrally-run city;

b) For administrative decisions, administrative acts regarding land management handled at the first-level complaint by the Chairman of the People's Committee of province, centrally-run city, but the complainant disagrees with that decision;

3. Individuals, agencies, organizations have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clause 18 of Article 11 of this Ordinance if they have lodged a complaint with the agency compiling the voter list, but disagree with the resolution of that agency;

4. Civil servants holding positions from Deputy Director level and equivalent downwards as prescribed by law on civil servants have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clause 19 of Article 11 of this Ordinance if they have lodged a complaint with the person who issued the disciplinary decision, but disagree with that decision and do not continue to lodge a complaint with the next authority competent to handle the complaint;

5. Individuals, organizations have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clause 20 of Article 11 of this Ordinance if they have lodged a complaint with the Chairman of the People's Committee of province, centrally-run city, but disagree with that decision;

6. Individuals, agencies, organizations have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clause 21 of Article 11 of this Ordinance if they have lodged a complaint with the Competition Council or the Minister of Trade, but disagree with that decision;

7. Individuals, agencies, organizations have the right to initiate litigation before the Court to resolve administrative cases concerning complaints specified in Clause 22 of Article 11 of this Ordinance according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member regarding those complaints;

2. Clause 4 shall be amended and supplemented as follows:

Article 4

In this Ordinance, the following terms shall be understood as follows:

1. ADMINISTRATIVE DECISION is a written decision of an administrative state agency or of a person authorized within an administrative state agency applied once to one or more specific subjects regarding a specific issue in administrative management activities.

2. ADMINISTRATIVE ACT: is the act of an administrative state agency or of a person authorized within an administrative state agency implementing or failing to implement tasks, public duties as prescribed by law.

3. DISCIPLINARY DECISION TO TERMINATE EMPLOYMENT is a written decision of the head of an agency or organization to apply the disciplinary measure of terminating employment against civil servants holding positions from Deputy Director level and equivalent downwards under their management according to law on civil servants.

4. Party concerned includes individuals, agencies, organizations including the plaintiff, the defendant or persons with related rights and obligations

5. PLAINTIFF is an individual, agency, organization believing that their legitimate rights and interests have been violated by an administrative decision, administrative act or civil servant believing that their legitimate rights and interests have been violated by a disciplinary decision to terminate employment, therefore initiating an administrative case at the competent court.

6. DEFENDANT is an individual, agency, organization having an administrative decision, administrative act, disciplinary decision to terminate employment being complained about.

7. Persons with related rights and obligations are individuals, agencies, organizations whose rights or obligations are affected by the resolution of the administrative case initiated by the plaintiff against the defendant.

8. Agency, organization includes state agencies, political organizations, political-social organizations, social organizations, occupational social organizations, economic organizations, people's armed forces units.

3. Article 5 shall be amended and supplemented as follows:

Article 5

l. The plaintiff has the obligation to provide copies of administrative decisions or disciplinary decisions terminating employment, copies of decisions on complaints resolution (if any), and provide other evidence to protect their legitimate rights and interests.

2. The defendant has the obligation to provide the court with the complaint resolution file (if any) and copies of documents and materials in the administrative matter resolution file, the disciplinary examination file which serve as the basis for issuing administrative decisions, disciplinary decisions terminating employment, or administrative acts.

3. Those who have rights and obligations related to the case have the right to participate in litigation with either the plaintiff or the defendant, or to participate independently in litigation, and have the obligation to provide evidence to protect their legitimate rights and interests.

4. The court shall only conduct verification and collection of evidence in cases prescribed by this Ordinance.

5. Individuals, agencies, organizations within the scope of their duties and powers are responsible for providing fully and timely to the parties. The court evidence that such individuals, agencies, organizations are holding or managing when requested by the parties, the court; in cases where they cannot provide, they must notify in writing the parties, the court and clearly state the reasons for not being able to provide evidence.

4. Article 11 shall be amended and supplemented as follows:

“Article 11

Complaints within the jurisdiction of the court to resolve:

l. Complaints against decisions on administrative violations penalties;

2. Complaints against decisions applying preventive measures and ensuring the handling of administrative violations;

3. Complaints against administrative decisions, administrative acts in the application of coercive measures, enforcement of decisions on administrative violations penalties;

4. Complaints against administrative decisions, administrative acts in the application or enforcement of administrative measures in the form of education at commune, ward, town level; sending to educational centers; sending to educational facilities; sending to medical facilities; administrative control;

5. Complaints against administrative decisions, administrative acts in the application of forced demolition of houses, constructions, other permanent structures;

6. Complaints against administrative decisions, administrative acts in granting, revoking construction permits, production, business licenses; business registration certificates and professional practice certificates or complaints against other administrative decisions, administrative acts related to business activities, finance of traders;

7. Complaints against administrative decisions, administrative acts related to international or domestic trade;

8. Complaints against administrative decisions, administrative acts related to financial transfers domestically and internationally, services and service provision;

9. Complaints against administrative decisions, administrative acts in the application of requisitioning, purchasing, confiscating property;

10. Complaints against administrative decisions, administrative acts in the application of taxes, tax collection, tax recovery;

11. Complaints against administrative decisions, administrative acts in the application of fees, fee collection, stamp duty; land use fee collection;

12. Complaints against administrative decisions, administrative acts in state management of intellectual property and technology transfer;

13. Complaints against administrative decisions, administrative acts in state management of investment;

14. Complaints against administrative decisions, administrative acts of customs authorities, customs officials;

15. Complaints against administrative decisions, administrative acts in household registration management;

16. Complaints against administrative decisions, administrative acts regarding refusal of notarization, certification;

17. Complaints against administrative decisions, administrative acts in land management in cases of land allocation, land leasing, land recovery, requisitioning land, permission to change land use purposes; compensation, support, clearance, resettlement; issuance or revocation of land use right certificates; extension of land use period;

18. Complaints about voter lists for National Assembly elections, voter lists for People's Council elections;

19. Complaints against disciplinary decisions terminating employment of cadres, civil servants holding positions from Deputy Director and equivalent downwards;

20. Complaints against decisions of the Chairman of the Provincial People's Committee, directly governed city People's Committee resolving complaints against decisions of the Bar Council Management Board, Awards and Disciplinary Council of the Bar Association;

21. Complaints against decisions on complaint resolution regarding decisions on handling cases;

22. Other complaints as prescribed by Vietnamese laws and Article 12 of the treaties to which the Socialist Republic of Vietnam is a member”.

5. Article 12 shall be amended and supplemented as follows:

"Article 12

1. Courts of district, county, town, provincial city (hereinafter referred to collectively as district courts) shall resolve the following complaints through first-instance proceedings:

a) Complaints against administrative decisions, administrative acts of state agencies at the district level and below within the same territory as the court and of cadres, civil servants of those agencies;

b) Complaints against disciplinary decisions terminating employment of heads of agencies, organizations at the district level and below within the same territory as the court against cadres, civil servants under their management;

c) Complaints about voter lists for National Assembly elections, voter lists for People's Council elections of agencies compiling voter lists within the same territory as the court.

2. Courts of province, centrally governed city (hereinafter referred to collectively as provincial courts) shall resolve the following complaints through first-instance proceedings:

a) Complaints against administrative decisions, administrative acts of ministries, ministerial-level agencies, government agencies, Office of the President, National Assembly Office, Supreme People's Court, Supreme People's Procuracy and administrative decisions, administrative acts of heads of those agencies where the plaintiff is an individual residing, working or the plaintiff is an agency, organization having its headquarters within the same territory as the court;

b) Administrative complaints against administrative decisions, administrative acts of functional agencies under one of the state agencies specified in point a of this clause and administrative decisions, administrative acts of officials and civil servants of those functional agencies where the complainant is an individual with residence or workplace, or the complainant is an agency or organization with headquarters on the same territory as the Court;

c) Administrative complaints against administrative decisions, administrative acts of provincial-level state agencies on the same territory as the Court and of officials and civil servants of those state agencies;

d) Administrative complaints against disciplinary decisions to terminate employment of the head of agencies or organizations on the same territory as the Court concerning officials and civil servants under their management, except for the complaints specified in point b of Clause 1 of Article 12 of this Law;

đ) Administrative complaints against decisions of the Chairman of the People's Committee of provinces, centrally governed cities on the same territory as the Court resolving complaints about decisions of the Board of Directors, the Disciplinary Council of the Bar Association;

e) Administrative complaints against decisions resolving complaints regarding competition case handling decisions where the complainant is an individual with residence or workplace, or the complainant is an agency or organization with headquarters on the same territory as the Court;

g) Administrative complaints against administrative decisions, administrative acts within the jurisdiction of the county-level court as stipulated in Clause 1 of this Article that the provincial-level court has taken up to resolve;

6. Article 13 shall be amended and supplemented as follows:

''Article 13

1. In cases where administrative complaints against administrative decisions, administrative acts, disciplinary decisions to terminate employment of officials and civil servants are not resolved or have been resolved initially but the complainant disagrees and appeals to the authority competent to resolve complaints for the second time and files an administrative lawsuit at the competent court, the jurisdiction shall be distinguished as follows:

a) In cases where only one person both files an administrative lawsuit at the competent court and appeals to the authority competent to resolve complaints for the second time, the resolution shall fall under the jurisdiction of the court. The agency that has accepted the complaint resolution must transfer the entire complaint resolution file to the competent court;

b) In cases where there are multiple persons who both file an administrative lawsuit at the competent court and appeal to the authority competent to resolve complaints for the second time, or among them some file an administrative lawsuit at the competent court while others appeal to the authority competent to resolve complaints for the second time, the resolution shall fall under the jurisdiction of the authority competent to resolve complaints for the second time. The court that has accepted the administrative lawsuit must immediately transfer the case file to the authority competent to resolve complaints for the second time upon discovering that the case does not fall under its jurisdiction;

c) For the cases specified in point b of this clause, if the deadline for resolving the second-time complaint has expired and according to the law on complaints and denunciations, the complaint is not resolved or has been resolved but the complainant disagrees with the decision resolving the second-time complaint, then the complainant has the right to file an administrative lawsuit according to the general procedure, except in cases where the law provides otherwise;

2. If the court that has accepted the administrative lawsuit discovers that the case does not fall under its jurisdiction, it shall issue a decision transferring the case file to the competent court and removing the acceptance record. This decision must be sent immediately to the parties and the same-level prosecution office;

The parties have the right to appeal, and the same-level prosecution office has the right to propose the decision within three working days from the date of receipt of the decision. Within three working days from the date of receipt of the appeal or proposal, the Chief Justice of the court that issued the decision transferring the administrative case must resolve the appeal or proposal;

3. Disputes over the jurisdiction to resolve administrative lawsuits between county-level courts in the same province or centrally governed city shall be resolved by the Chief Justice of the provincial-level court;

Disputes over the jurisdiction to resolve administrative lawsuits between county-level courts in different provinces or centrally governed cities or between provincial-level courts shall be resolved by the Chief Justice of the Supreme People's Court;

7. Article 14 shall be amended and supplemented as follows:

“Article 14

1. Administrative prosecution agencies include:

a) People's Courts;

b) People's Procuratorates;

2. Administrative prosecutors include:

a) Chief Justices of the Courts, Judges, People's Assessors, Court Secretaries;

b) Chief Procurators of Procuratorates, Prosecutors;

8. Article 15 shall be amended and supplemented as follows:

“Article 15

1. The trial panel at first instance consists of one Judge and two People's Assessors. In special cases, the trial panel at first instance may consist of two Judges and three People's Assessors;

2. The trial panel at second instance consists of three Judges;

3. The supervisory board or retrial board of the provincial-level court is the Judicial Council of the provincial-level court. When the Judicial Council of the provincial-level court conducts supervisory review or retrial of judgments and decisions that have become legally binding, at least two-thirds of the total number of members must participate;

4. The supervisory board or retrial board of the Administrative Court of the Supreme People's Court consists of three Judges;

5. The supervisory board or retrial board of the Supreme People's Court is the Judicial Council of the Supreme People's Court. When the Judicial Council of the Supreme People's Court conducts supervisory review or retrial of judgments and decisions that have become legally binding, at least two-thirds of the total number of members must participate;

9. "Article 16 is amended and supplemented as follows:

“Article 16

1. Prosecutors must refuse to conduct prosecution or be replaced in the following situations:

a) They are simultaneously parties, representatives, or relatives of the parties;

b) They have participated in the same case as defenders of the rights and legitimate interests of the parties, witnesses, experts, or interpreters;

c) They have participated in making administrative decisions or are related to the administrative acts being complained about;

d) They have participated in making decisions to resolve complaints about administrative decisions or administrative acts.

d) They have participated in making decisions on disciplinary measures leading to dismissal of civil servants or have participated in making decisions to resolve complaints against such disciplinary decisions;

e) They have participated in making decisions by the Chairman of the People's Committee of provinces or centrally governed cities to resolve complaints against decisions of the Board of Directors, the Commendation and Disciplinary Council of the Bar Association;

g) They have participated in making decisions to resolve complaints regarding competition case handling decisions;

h) They have participated in compiling voter lists for elections of National Assembly deputies or for elections of People's Council deputies;

i) There is clear evidence that they may not be impartial while performing their duties.

2. Judges and People's Assessors must refuse to conduct proceedings or be replaced in the following cases:

a) They fall under one of the circumstances stipulated in Clause 1 of this Article;

b) They are members of the same Bench and are related to each other;

c) They have participated in the trial of the case at first instance, appeal, cassation or retrial, except when they are members of the Supreme Court's Cassation Bench which has repeatedly tried the same case according to cassation or retrial procedures;

d) They were prosecutors in the case in question.

3. Prosecutors and Court Secretaries must refuse to conduct proceedings or be replaced in the following cases:

a) They fall under one of the circumstances stipulated in Clause 1 of this Article;

b) They were judges, People's Assessors, prosecutors, or Court Secretaries in the case in question.

10. Article 17 shall be amended and supplemented as follows:

"Article 17"

l. Before opening the court session, the replacement of Judges, People's Assessors, and Presidents of Courts shall be decided by the President of the higher-level Court.

Before opening the court session, the replacement of Prosecutors shall be decided by the Chief Prosecutor of the same-level Prosecution Office; if the Prosecutor being replaced is the Chief Prosecutor, it shall be decided by the Chief Prosecutor of the higher-level Prosecution Office.

2. During the court session, the replacement of Judges, People's Assessors, Court Secretaries, and Prosecutors shall be decided by the Bench after hearing the opinions of those who are required to be replaced. The Bench shall discuss in the deliberation room and make a decision.

In the event of replacing Judges, People's Assessors, Court Secretaries, and Prosecutors, the Bench shall issue a decision to adjourn the court session. The appointment of the President of the Court shall be decided; if the person being replaced is the President of the Court, it shall be decided by the President of the higher-level Court. The appointment of a substitute Prosecutor for the replaced Prosecutor shall be decided by the Chief Prosecutor of the same-level Prosecution Office; if the replaced Prosecutor is the Chief Prosecutor, it shall be decided by the Chief Prosecutor of the higher-level Prosecution Office.

3. Within three working days from the date of adjourning the court session, the President of the Court and the Chief Prosecutor must appoint others to replace them.

11. Article 18 is amended and supplemented as follows:

"Article 18"

The same-level Prosecution Office must participate in the court session to try administrative cases.

For administrative decisions and actions related to the rights and legitimate interests of minors or persons without capacity for civil acts, if there is no plaintiff, the Prosecution Office has the right to initiate administrative litigation and has the responsibility to provide evidence.

12. Article 19 is amended and supplemented as follows:

"Article 19"

l. Participants in administrative litigation include parties, legal representatives of parties, persons protecting the legitimate rights and interests of parties, witnesses, experts, interpreters.

2. If the party is an individual, they can themselves or may authorize another person in writing to exercise their litigation rights and obligations during the administrative case resolution process.

3. If the party is an organization, they exercise their litigation rights and obligations through a legal representative.

13. Article 27 is amended and supplemented as follows:

"Article 27"

Experts and interpreters must refuse to participate in litigation or be replaced if they fall under one of the circumstances stipulated in Clause 1 of Article 16 of this Ordinance. The replacement of experts and interpreters before opening the court session shall be decided by the President of the Court; during the court session, it shall be decided by the Bench after hearing the opinions of those who are required to be replaced.

14. Article 30 is amended and supplemented as follows:

"Article 30"

l. The statute of limitations for filing a lawsuit is the time limit within which the subject has the right to file a lawsuit with the Court to resolve an administrative case to protect their rights and legitimate interests that have been violated; if this period expires, the right to file a lawsuit is lost, except where otherwise provided by law.

2. Where the law does not provide otherwise, the statute of limitations for filing a lawsuit is specified as follows:

a) For the cases stipulated in points a, b, and c of Clause 1 of Article 2 of this Ordinance, it is thirty days, starting from the expiration date of the initial complaint resolution period, but disagreeing with the resolution decision;

b) For the case stipulated in point d of Clause 1 of Article 2 of this Ordinance, it is thirty days, starting from the expiration date of the second complaint resolution period, but disagreeing with the resolution decision, or from the date of receiving the second resolution decision, but disagreeing with the resolution decision;

c) For the case stipulated in Clause 2 of Article 2 of this Ordinance, it is forty-five days, starting from the date of receiving the initial resolution decision, but disagreeing with the resolution decision;

d) For the case stipulated in Clause 3 of Article 2 of this Ordinance, it is no later than five days before the election day, but disagreeing with the way the voter list compilation agency handles the matter;

đ) For the case stipulated in Clause 4 of Article 2 of this Ordinance, it is thirty days, starting from the date of receiving the initial resolution decision, but disagreeing with the resolution decision;

e) For the case stipulated in Clause 5 of Article 2 of this Ordinance, it is thirty days, starting from the date of receiving the resolution decision of the Chairman of the People's Committee of provinces or centrally governed cities, but disagreeing with the resolution decision;

g) For the case stipulated in Clause 6 of Article 2 of this Ordinance, it is thirty days, starting from the date of receiving the resolution decision of the Competition Council or the Minister of Commerce, but disagreeing with the resolution decision;

h) In the case provided for in Clause 7, Article 2 of this Ordinance, the statute of limitations for filing a lawsuit shall be governed by Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party regarding that matter; if Vietnamese law and international treaties do not provide for a statute of limitations, the statute of limitations shall be thirty days, counted from the date the initial or second complaint resolution period expires or from the date the decision on the initial or second complaint is received.

3. For remote areas with difficult access, the time limit for filing a lawsuit as stipulated in Points a, b, and đ of Clause 2, Article 2 of this Ordinance shall be forty-five days.

4. In cases where the person initiating the lawsuit is unable to file within the time limits prescribed in Clause 2 and Clause 3 of this Ordinance due to illness, natural disasters, enemy actions, business trips, studying far away, or other objective obstacles, the period during which such obstacles exist shall not be counted towards the statute of limitations.

5. The person initiating the lawsuit must file a lawsuit petition within the time limits prescribed in Clauses 2, 3, and 4 of this Article. The lawsuit petition must include the following main contents:

a) Date, month, year of making the petition;

b) Administrative court requested to resolve the administrative case;

c) Name and address of the petitioner and the defendant;

d) Content of the administrative decision or disciplinary decision terminating employment of civil servants or a summary of the administrative act;

đ) Content of the decision resolving the complaint (if any);

e) Requests for the court to resolve.

6. If the petitioner is an individual, they must sign or affix their fingerprint; if the petitioner is an agency or organization, the authorized representative of the agency or organization must sign and stamp at the end of the petition; if the lawsuit is initiated to protect the legitimate rights and interests of minors or persons who have lost their capacity for civil acts, the petition must be signed or fingerprinted by the parents or guardians of those persons; in the case of prosecution by the Public Prosecutor's Office, the Procurator or Deputy Procurator authorized by the Procurator must sign and stamp. Accompanying the lawsuit petition, the prosecution document must include evidence and documents proving the petitioner's request, the prosecution is based and lawful."

15. Article 31 shall be amended and supplemented as follows:

"Article 31

l. The court shall return the lawsuit petition in the following cases:

a) The petitioner does not have the right to initiate a lawsuit; b) The statute of limitations has expired without justifiable reasons;

c) The conditions for initiating an administrative case as stipulated in Article 2 of this Ordinance are not met;

d) The matter has been resolved by a judgment or decision that has taken legal effect from the court; đ) The matter does not fall within the jurisdiction of the court.

2. When returning the lawsuit petition, the court must attach a document clearly stating the reason for returning the petition.

3. Within three working days from the date of receiving the returned lawsuit petition and accompanying documents, the petitioner has the right to appeal to the Chief Judge of the court that returned the petition.

Within three working days from the date of receiving the appeal regarding the return of the lawsuit petition, the Chief Judge of the court must issue one of the following decisions:

a) Maintain the decision to return the lawsuit petition;

b) Accept back the lawsuit petition and accompanying documents to proceed with the acceptance of the case."

16. Article 33 is amended and supplemented as follows:

"Article 33

1. After the court has accepted the case, the parties have the right to submit a petition requesting the court to issue a decision on applying provisional emergency measures to protect their immediate interests and ensure enforcement; the party must bear responsibility under the law for their request, and if there is fault causing damage, they must compensate.

2. During the process of resolving the case, the court may issue a decision on applying provisional emergency measures on its own initiative or upon a written request from the Public Prosecutor's Office and must bear responsibility for that decision; if damage is caused by applying provisional emergency measures contrary to the law, compensation must be made.

The application of provisional emergency measures can be carried out at any stage during the process of resolving the case.

3. A request for applying provisional emergency measures must be considered by the court within three days from the date of receipt of the request; if there is sufficient legal basis and it is deemed necessary to accept the request, the court shall immediately issue a decision on applying provisional emergency measures.

4. In the decision on applying provisional emergency measures, the effective period of the decision must be clearly stated, but it cannot exceed the time limit for resolving the case as prescribed by law.

5. In cases of urgent situations requiring immediate protection of evidence or prevention of serious consequences, individuals, agencies, or organizations have the right to submit a petition requesting the competent court to issue a decision on applying provisional emergency measures as stipulated in Article 34 of this Ordinance simultaneously with submitting the lawsuit petition to that court.

The application of provisional emergency measures in this case shall be implemented according to the corresponding provisions of the Civil Procedure Code."

17. Article 37 is amended and supplemented as follows:

"Article 37

1. Within five working days from the date of accepting the case, the court must notify in writing the defendant, persons with vested interests, and the same-level Public Prosecutor's Office about the court's acceptance of the case.

2. The notification document must include the following main contents:

a) Date, month, year of issuing the notification document;

b) Name and address of the court accepting the case;

c) Name and address of the petitioner;

d) Specific issues the petitioner requests the court to resolve;

đ) List of documents and evidence submitted by the petitioner along with the lawsuit petition;

e) Time limit for the notified party to submit a written opinion to the court regarding the petitioner's request and accompanying documents (if any);

g) Legal consequences of the notified party not submitting a written opinion to the court regarding the petitioner's request.

3. Within fifteen days from the date of receiving the notification, the notified party must submit to the court a written opinion regarding the petitioner's request and accompanying documents (if any).

In case of need for extension, the person notified must submit a request for extension to the Court, clearly stating the reasons; if the request for extension is justified, the Court must grant it, but not exceeding ten days.

4. The person notified has the right to request the Court to view, record, copy the complaint, prosecution documents, and accompanying evidence and materials.

5. Within two months from the date of accepting the case, the Judge assigned to preside over the trial session shall issue one of the following decisions:

a) Bring the case to trial;

b) Temporarily suspend the resolution of the case;

c) Terminate the resolution of the case.

For complex cases or due to objective obstacles, the aforementioned period may not exceed three months.

6. Within twenty days from the date of the decision to bring the case to trial, the Court must convene a trial session; in case of valid reasons, this period shall not exceed thirty days.

7. The decision to bring the case to trial must be sent to the parties and the same-level Prosecution Office immediately after issuing the decision.

Along with sending the decision to bring the case to trial, the Court must send the case file to the same-level Prosecution Office for review. Within fifteen days from receiving the case file, the Prosecution Office must study and return the case file to the Court.

18. Article 41 is amended and supplemented as follows:

"Article 41

1. The Court decides to terminate the resolution of administrative litigation cases in the following circumstances:

a) The party is an individual who has died and their rights and obligations are not inherited; the agency or organization has been dissolved or declared bankrupt and there is no individual, agency, or organization to inherit their litigation rights and obligations.

b) The plaintiff withdraws the complaint, the Prosecution withdraws the indictment decision;

c) The plaintiff has been legally summoned twice but still fails to appear.

2. The decision to terminate the resolution of administrative litigation cases can be appealed or protested, except in the case provided for in point b, Clause 1 of this Article.

3. The Court issues a decision to terminate the resolution of administrative litigation cases, removes the case name from the registry of accepted cases, and returns the complaint and accompanying evidence and materials to the plaintiff if the case falls under the circumstances for returning the complaint as stipulated in Article 31 of this Ordinance."

19. Article 43 is amended and supplemented as follows:

"Article 43

1. A prosecutor from the same-level Prosecution Office must participate in the first-instance trial session; if absent, the session must be postponed.

2. The plaintiff must attend the trial session according to the summons issued by the Court; if absent for the first time with valid reasons, the session must be postponed.

If the plaintiff has been legally summoned twice but still fails to appear, they will be deemed to have abandoned the lawsuit, and the Court will issue a decision to terminate the resolution of the case. In such a case, the plaintiff has the right to initiate the lawsuit again if the statute of limitations for initiating the lawsuit still applies.

3. The defendant must attend the trial session according to the summons issued by the Court; if absent for the first time with valid reasons, the session must be postponed.

If the defendant has been legally summoned twice but still fails to appear, the Court will proceed with the trial in their absence.

4. The interested party must attend the trial session according to the summons issued by the Court; if absent for the first time with valid reasons, the session must be postponed.

If the interested party has been legally summoned twice but still fails to appear, the Court will proceed with the trial in their absence.

If the interested party with independent claims has been legally summoned twice but still fails to appear, they will be deemed to have abandoned their independent claims, and the Court will issue a decision to terminate the resolution of the case regarding their independent claims, if both the plaintiff and the defendant agree. In such a case, the interested party with independent claims has the right to initiate the lawsuit again regarding their independent claims if the statute of limitations for initiating the lawsuit still applies.

5. The Court will proceed with the trial in the following circumstances:

a) The plaintiff, defendant, or interested party is absent from the trial session and requests the Court to proceed with the trial in their absence;

b) The plaintiff, defendant, or interested party is absent from the trial session but has a legitimate representative participating in the trial session;

c) The plaintiff, defendant, or interested party was legally summoned for the first time but failed to appear without valid reasons;

d) The circumstances provided for in Clause 3 and Clause 4 of this Article.

6. The representative of the party's legitimate rights and interests must participate in the trial session according to the summons issued by the Court; if absent for the first time with valid reasons, the session must be postponed.

If the representative of the party's legitimate rights and interests is legally summoned for the first time but fails to appear without valid reasons or is legally summoned twice but still fails to appear, the Court will proceed with the trial; in this case, the party will protect their own legitimate rights and interests.

7. Witnesses have the obligation to participate in the trial session according to the summons issued by the Court to clarify the facts of the case. In case the witness is absent but had previously given direct testimony to the Court or submitted a statement to the Court, the presiding judge will announce that statement.

If the witness is absent, the Trial Council has the authority to decide to postpone the trial session or proceed with the trial; if the witness is absent at the trial session without valid reasons and their absence hinders the trial, they may be brought to the trial session according to the decision of the Trial Council.

8. The expert has the obligation to participate in the trial session according to the summons issued by the Court to clarify issues related to the expert opinion and the expert conclusion.

If the expert is absent, the Trial Council has the authority to decide to postpone the trial session or proceed with the trial."

9. The interpreter has the obligation to participate in the trial session according to the summons issued by the Court.

If the interpreter is absent and there is no substitute, the Trial Council will decide to postpone the trial session, unless the party still requests the trial to proceed."

20. Article 45 is amended and supplemented as follows:

"Article 45

The Bench may postpone the trial in the following cases:

1. The cases provided for in Article 43 of this Ordinance;

2. Members of the Bench, Prosecutor, Court Clerk, expert witness, interpreter are changed without immediate replacement;

3. It is necessary to verify, collect additional evidence."

21. Article 58 is amended and supplemented as follows:

"Article 58

1. Before the commencement of the trial or during the appellate hearing, the appellant has the right to change or supplement the appeal, the Prosecutor who decides to lodge an appeal has the right to change or supplement the appeal, but shall not exceed the scope of the initial appeal or protest if the time limit for appeal or protest has expired.

2. Before the commencement of the trial or during the appellate hearing, the appellant has the right to withdraw the appeal, the Prosecutor who decides to lodge an appeal or the superior Prosecutor directly has the right to withdraw the protest.

The appellate court suspends the appellate proceedings for those parts of the case where the appellant has withdrawn the appeal or the Prosecutor has withdrawn the protest.

3. Any changes, supplements, withdrawals of appeals or protests before the opening of the trial must be made in writing and submitted to the appellate court. The appellate court must notify the Prosecutor and the parties about the changes, supplements, withdrawals of appeals or protests.

Any changes, supplements, withdrawals of appeals or protests during the trial must be recorded in the trial minutes."

22. Article 63 is amended and supplemented as follows:

"Article 63

1. The Prosecutor of the same-level People's Procuracy must participate in the appellate hearing; if absent, the trial must be postponed.

The court must send the case file to the Procuracy for study. Within ten days from the date of receipt of the case file, the Procuracy must study and return the case file to the court.

2. The parties appealing, persons with rights and obligations related to the appeal or protest are summoned to participate in the trial; if anyone is absent, the court can still proceed with the trial.

3. The court only summons the expert witness, interpreter, witness when requested by the parties and when it deems necessary for resolving the appeal or protest; if anyone is absent, the court will decide whether to proceed with the trial or postpone the hearing depending on the circumstances.

4. For cases where the first-instance trial did not require the presence of the litigation participants or the litigation participants did not request participation in the appellate hearing, the court can conduct the appellate hearing without their presence."

23. Article 68 is amended and supplemented as follows:

"Article 68

1. The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the right to lodge an appeal according to the cassation or revision procedure against judgments and decisions that have taken legal effect at all levels of courts, except for cassation or revision decisions of the Supreme People's Court's Judicial Council.

2. The President of the Provincial People's Court and the Procurator of the Provincial People's Procuracy have the right to lodge an appeal according to the cassation or revision procedure against judgments and decisions that have taken legal effect at the district level court."

24. Article 69 is amended and supplemented as follows:

Article 69

1. The time limit for lodging an appeal under the cassation procedure is one year, counted from the date when the judgment or decision of the court becomes legally effective.

2. The time limit for lodging an appeal under the revision procedure is one year, counted from the date when the person with the authority to lodge an appeal knows the grounds for lodging an appeal under the revision procedure as stipulated in Clause 2, Article 67 of this Ordinance.

3. The appeal must be sent to the court that issued the judgment or decision being appealed, the court that will hear the cassation or revision case, the parties involved, and those with related rights and obligations concerning the content of the appeal. In cases where the President of the Supreme People's Court or the President of the provincial-level People's Court lodges an appeal, the court hearing the cassation must send the appeal along with the case file to the same-level prosecution agency for study within fifteen days from the date of receipt of the appeal and the case file.

4. A person who has lodged a cassation or revision appeal has the right to change or supplement the appeal decision if the time limit for lodging an appeal as prescribed in Clauses 1 and 2 of this Article has not expired.

5. Before opening the trial session or during the trial session, the appellant has the right to withdraw the appeal. The withdrawal of the appeal before the opening of the trial session must be made in writing and sent according to the provisions of Clause 3 of this Article.

The withdrawal of the appeal during the trial session must be recorded in the trial session minutes. The Cassation or Revision Council shall issue a decision to suspend the cassation or revision trial proceedings in the event that the appellant withdraws the entire appeal.

6. The person with the authority to appeal judgments or decisions that have become legally effective of the court has the right to postpone or temporarily suspend the enforcement of the judgment or decision for no more than two months to consider and decide on lodging an appeal under the cassation or revision procedure.

7. The appellant has the right to postpone or temporarily suspend the enforcement of the judgment or decision that has become legally effective and is being appealed until a cassation or revision decision is made.

25. Article 70 is amended and supplemented as follows:

"Article 70

1. The Cassation or Revision Council only has the right to review the part of the case content related to the decision being appealed.

2. The Appellate Committee of the Provincial People's Court shall hear cassation or revision appeals against judgments or decisions that have become legally effective of the district-level courts.

3. The Administrative Court of the Supreme People's Court shall hear cassation or revision appeals against judgments or decisions that have become legally effective of the provincial-level courts.

4. The Appellate Committee of the Supreme People's Court shall hear cassation or revision appeals against judgments or decisions that have become legally effective of the appellate courts and the Administrative Court of the Supreme People's Court.

5. Where judgments or decisions that have become legally effective about the same administrative case fall under the jurisdiction of different levels of courts as provided for in Clauses 2, 3, and 4 of this Article, the higher-level court shall hear cassation or revision appeals on the entire case.

6. Within one month from the date of receiving the appeal along with the case file, the court must open a cassation or revision trial session.

26. Article 71 is amended and supplemented as follows:

“Article 71

1. The cassation or revision trial session does not need to summon the parties and those with related rights and obligations concerning the appeal, except in cases where the court deems it necessary to hear their opinions before making a decision.

The representative of the same-level prosecution agency must participate in the cassation or revision trial session.

2. At the trial session, a member of the Cassation or Revision Council presents the case content and the content of the appeal. If the court summons the participants in the proceedings, the summoned persons present their opinions on the appeal decision. The representative of the prosecution agency presents the prosecution agency's opinion on the appeal decision.

3. Members of the Cassation or Revision Council discuss and express their opinions on resolving the case. The representative of the prosecution agency expresses the prosecution agency's opinion on resolving the case.

4. The Cassation or Revision Council votes on resolving the case.

The cassation or revision decision of the Appellate Committee of the provincial-level People's Court or the Appellate Committee of the Supreme People's Court must be approved by more than half of the total number of members of the Appellate Committee or the Appellate Council.

The Appellate Committee of the provincial-level People's Court or the Appellate Committee of the Supreme People's Court votes in favor, against, or other opinions; if none of these options receives approval from more than half of the total number of members of the Appellate Committee of the provincial-level People's Court or the Appellate Committee of the Supreme People's Court, the trial session must be postponed. Within thirty days from the date of issuing the decision to postpone the trial session, the Appellate Committee or the Appellate Council must conduct the trial again with the participation of all members."

27. Article 72 is amended and supplemented as follows:

“Article 72

The Cassation or Revision Council has the right to:

1. Not accept the appeal and maintain the judgment or decision that has become legally effective;

2. Maintain the correct judgment or decision of the lower court that was annulled or modified;

3. Annul the judgment or decision that has become legally effective and remand the case for retrial at first instance or second instance;

4. Annul the judgment or decision that has become legally effective and suspend the resolution of the case when one of the circumstances specified in Article 41 of this Ordinance exists."

Article 73

The provisions of this Ordinance shall also apply to the adjudication of administrative cases involving parties and individuals, agencies, or organizations from foreign countries, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

29. Replace the term "Court session secretary" in Articles 39, 44, 49, and 52 of the Administrative Procedure Ordinance with the term "Court Secretary".

Article 2

This Ordinance takes effect from June 1, 2006.

Article 3

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for guiding the implementation of this Ordinance within their respective functions and powers./.