Ordinance No. 49L/CTN on Administrative Litigation Procedures

ORDER

PRESIDENT OF THE SOCIALIST REPUBLIC OF VIET NAM

Pursuant to Article 103 and Article 106 of the Constitution of the Socialist Republic of Vietnam in 1992;
Pursuant to Article 78 of the Law on the Organization of the National Assembly:

NOW PROMULGATES:

The Administrative Litigation Procedure Ordinance has been adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, the Ninth Term, on May 21, 1996.

ORDINANCE

ADMINISTRATIVE LITIGATION PROCEDURE

To ensure timely and lawful resolution of administrative cases for the purpose of protecting the legitimate rights and interests of individuals, state agencies, and organizations, thereby contributing to enhancing the effectiveness of state management;
Pursuant to Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
Pursuant to the Resolution of the Ninth National Assembly, the Eighth Session, regarding legislative work until the end of the Ninth National Assembly term;
This Ordinance stipulates the procedures for resolving administrative cases.

Chapter 1:

GENERAL PROVISIONS

Article 1

Individuals, state agencies, and organizations have the right to initiate administrative litigation proceedings before the court to seek protection of their legitimate rights and interests according to the procedures prescribed by law.

Article 2

Prior to initiating litigation to seek protection of their legitimate rights and interests from the court, individuals, state agencies, and organizations must file complaints with the state agency or person who issued the administrative decision or engaged in administrative acts that they consider to be unlawful; if they disagree with the complaint resolution decision, they may appeal to the immediate superior state agency or person who issued the administrative decision or engaged in administrative acts, which, according to the law, has the authority to resolve such complaints, or initiate administrative litigation proceedings before the competent court.

Article 3

The plaintiff in an administrative case may simultaneously request compensation for damages; in this case, the provisions of civil law and civil procedure law shall also apply to resolve the request for compensation for damages.

During the resolution of an administrative case, the court creates conditions for the parties to negotiate among themselves regarding the resolution of the case.

The plaintiff in an administrative case has the right to withdraw part or all of the content of the complaint.

The defendant has the right to amend or revoke the challenged administrative decision.

Article 4

1- The administrative decision referred to in this Ordinance is a decision in writing made by Ministries, ministerial-level agencies, agencies under the Government, Office of the President, Office of the National Assembly, local state agencies, people's courts at all levels, and people's procuracies at all levels, applicable once to one or more specific subjects concerning a specific issue.

2- The administrative act referred to in this Ordinance is the performance or non-performance of public duties by state officials.

3- The party referred to in this Ordinance is the plaintiff, the defendant, or a person with rights or obligations related to the case.

The plaintiff is an individual, state agency, or organization who believes that their legitimate rights and interests have been violated by an administrative decision or administrative act of a state agency, head, or state official, and therefore initiates an administrative case before a competent court.

The defendant is a state agency, head, or state official who issued the administrative decision or engaged in the administrative act that the plaintiff considers to be unlawful and infringing upon their legitimate rights and interests, and therefore the plaintiff has initiated an administrative case before a competent court.

A person with rights or obligations related to the case is an individual, state agency, or organization whose rights or obligations are affected by the initiation of an administrative case by the plaintiff against the defendant and whose resolution affects their rights or obligations.

Article 5

The plaintiff must file a complaint in accordance with Article 30 of this Ordinance; they have the obligation to provide copies of the administrative decision, copies of the response documents from the state agency or the person who issued the administrative decision or engaged in the administrative act regarding the resolution of complaints about the administrative decision or administrative act considered to be unlawful by the plaintiff; and to provide other evidence to protect their rights.

The defendant has the obligation to provide the court with copies of normative legal documents as well as copies of other relevant documents based on which the administrative decision was issued or the administrative act was carried out.

A person with rights or obligations related to the case has the right to participate in the proceedings with the plaintiff or defendant or to participate independently in the proceedings, and has the obligation to provide evidence to protect their rights.

When necessary, the court may verify, collect evidence, or request the parties, individuals, state agencies, or relevant organizations to provide documents and evidence to ensure accurate resolution of the administrative case. The parties, individuals, state agencies, and organizations requested must provide fully and within the specified time frame as required by the court. In cases where provision is not possible, they must respond in writing and explain the reasons.

Article 6

The parties are equal in rights and obligations during the resolution of administrative cases.

The parties may authorize a lawyer or another person in writing to represent them in the proceedings. The parties may themselves or through a lawyer or another person protect their legitimate rights and interests.

, Clause 1, Clause 2 Article 7a of this Regulation.

Administrative cases are heard in public, except in cases where it is necessary to maintain national secrecy or the confidentiality of the parties at their legitimate request.

For administrative cases where the content is clear, there is sufficient evidence recognized by both parties, and there is no request to attend the hearing, the court may hear the case without the presence of the parties and other participants in the proceedings.

The language used in the resolution of administrative cases is Vietnamese. Participants in the proceedings have the right to use their own spoken or written language.

Article 8

If it is found that a judgment or decision of the court that has become legally binding is incorrect, the Prime Minister has the right to request the Chief Justice of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy to review and resolve the matter within their jurisdiction and to reply to the Prime Minister within thirty days.

Article 9

Judgments and decisions of the court that have become legally binding on administrative cases must be respected by state agencies, organizations, and all citizens.

Individuals, state agencies, organizations have the obligation to strictly comply with the court's judgment and decision on administrative cases. State agencies entrusted with the task of enforcing the court's judgment and decision on administrative cases must strictly enforce them and bear responsibility under the law for the performance of such tasks.

Article 10

The People's Procuracy supervises compliance with the law during the process of handling administrative cases according to the provisions of the Law on Organization of the People's Procuracy and this Ordinance.

Chapter 2:

JURISDICTION OF THE COURT

Article 11

The Court has jurisdiction to resolve the following administrative cases:

1- Appeals against decisions on administrative violations, decisions on measures to forcibly dismantle illegal construction works related to houses, buildings, permanent structures;

2- Appeals against decisions on administrative measures in the form of education at commune, ward, town level, placement in educational centers, placement in educational facilities, placement in treatment centers, administrative control;

3- Appeals against decisions on forced termination of employment, except decisions on forced termination of employment in the People's Army and decisions on dismissal according to the Labor Code;

4- Appeals against administrative decisions and administrative acts in issuing permits, revoking permits in the field of basic construction, production activities, business operations, land management;

5- Appeals against decisions on requisitioning, purchasing assets compulsorily, decisions on confiscating assets;

6- Appeals against decisions on tax collection, recovery of taxes;

7- Appeals against decisions on fee and charge collection;

8- Appeals against other administrative decisions and administrative acts as prescribed by law.

Article 12

1- The People's Court of district, county, town, city directly under province (collectively referred to as the People's Court at district level) resolves administrative appeals at first instance concerning administrative decisions of state agencies from the district level downwards within the same territory and administrative decisions, administrative acts of officials and staff of those state agencies.

2- The People's Court at provincial level, centrally governed municipality (collectively referred to as the People's Court at provincial level) resolves administrative appeals at first instance concerning:

a) Administrative decisions of Ministries, ministerial-level agencies, government agencies, Office of the President, Office of the National Assembly, Supreme People's Court, Supreme People's Procuracy and administrative decisions, administrative acts of heads of those agencies where the plaintiff resides, works or has headquarters within the same territory;

b) Administrative decisions of state agencies at provincial level within the same territory and administrative decisions, administrative acts of officials and staff of those state agencies;

c) Administrative decisions of functional units of state agencies specified in point a Clause 2 Article 4 of this Ordinance and administrative decisions, administrative acts of officials and staff of those functional units where the plaintiff resides, works or has headquarters within the same territory.

In necessary cases, the People's Court at provincial level may take up for resolution administrative cases within the jurisdiction of the People's Court at district level involving appeals against administrative decisions of the People's Committee, Chairman of the People's Committee at district level relating to many subjects, complex situations, or in cases where all judges of the People's Court at district level are required to refuse to initiate proceedings or be replaced.

3- The Supreme People's Court resolves administrative appeals at first instance simultaneously at final instance concerning administrative cases within the jurisdiction of the People's Court at provincial level which the Supreme People's Court takes up for resolution involving appeals against administrative decisions of state agencies specified in point a Clause 2 Article 4 of this Ordinance and administrative decisions, administrative acts of heads of those agencies relating to many provinces, complex situations, or in cases where it is difficult to determine the jurisdiction of which People's Court at provincial level; appeals against administrative decisions of the People's Committee, Chairman of the People's Committee at provincial level relating to many subjects, complex situations, or in cases where all judges of the People's Court at provincial level are required to refuse to initiate proceedings or be replaced.

Article 13

1- In case of disagreement with the decision on appeal resolution of a state agency, the person who made the administrative decision or committed the administrative act, individuals, state agencies, organizations only have the right to either appeal to the immediate superior agency of the state agency, the person who made the administrative decision or committed the administrative act, or file an administrative lawsuit at the competent court. In case of both filing an appeal to the immediate superior agency and filing an administrative lawsuit at the competent court, the jurisdiction shall be distinguished as follows:

a) If there is only one person who files an administrative lawsuit at the competent court while also appealing to the immediate superior agency of the state agency, the person who made the administrative decision or committed the administrative act, then the resolution shall fall under the jurisdiction of the court. The agency that received the appeal resolution shall transfer the entire appeal resolution dossier to the competent court.

b) If there are multiple people, among whom some file an administrative lawsuit at the competent court and others appeal to the immediate superior agency of the state agency, the person who made the administrative decision or committed the administrative act, then the resolution shall fall under the jurisdiction of the immediate superior agency. The court that accepted the administrative lawsuit shall transfer the case file to the agency responsible for resolving the appeal immediately upon discovering that the resolution of the case does not fall under its jurisdiction.

2- The court that accepted the administrative lawsuit shall transfer the case file to the competent People's Court immediately upon discovering that the resolution of the case does not fall under its jurisdiction. Disputes over the jurisdiction to resolve administrative lawsuits between courts shall be resolved by the immediate superior court.

Chapter 3:

PERSONS INITIATING PROCEEDINGS

Article 14

Persons initiating administrative proceedings include Judges, People's Assessors, Prosecutors, Court Secretaries.

Article 15

1- The first-instance bench consists of one Judge and two People's Assessors.

2- The first-instance and concurrent final-instance bench of the Administrative Court of the Supreme People's Court consists of three Judges and two People's Assessors.

3- The appellate bench consists of three Judges.

4- The Supreme Administrative Court's Cassation and Reconsideration Council consists of three Judges.

5- The Appellate Council, the Supreme People's Court's Review Council, and the Provincial People's Court's Appellate Council must have at least two-thirds (two-thirds) of their total members participate when examining cases under cassation or reconsideration procedures.

6- The Councils specified in Clauses 1, 2, 3, and 4 of this Article decide by majority vote. Decisions of the Appellate Council and the Supreme People's Court's Review Council, and the Provincial People's Court's Appellate Council must be approved by more than half of the total number of members voting.

Article 16

1- A Judge or Lay Judge must abstain from conducting proceedings or be replaced if:

a) They are simultaneously a party, representative, or defender of a party's interests, a relative of a party, or a witness in the case;

b) They participated in issuing the administrative decision being challenged;

c) They previously participated in the trial of the same case as a Judge or Lay Judge, except for members of the Supreme People's Court's Appellate Council and Review Council, and the Provincial People's Court's Appellate Council, who may participate multiple times in the same case under cassation or reconsideration procedures;

d) In a Council, a Judge or Lay Judge is related to another member;

e) A relative has participated in litigation in the same case at a different level of trial;

g) There is evidence indicating that they may not be impartial while performing their duties.

2- Prosecutors and Court Secretaries must abstain from participating in litigation or be replaced if:

a) They have participated in litigation in the same case at a different level of trial;

b) There are grounds specified in points a, e, and g of Clause 1 of this Article.

Article 17

1- Before opening the trial session, the replacement of Judges, Lay Judges, and Court Secretaries is decided by the Chief Justice of the Court; the replacement of Prosecutors is decided by the Prosecutor General of the Prosecution Office; if the Prosecutor being replaced is the Prosecutor General, then it is decided by the superior Prosecutor General directly.

2- During the trial session, the replacement of Judges, Lay Judges, and Session Court Secretaries is decided by the Council after hearing the opinion of the person requested to be replaced.

If there is a request to replace a Prosecutor during the trial session and the Council finds the reason for the request to be valid, it will issue a decision to adjourn the trial session.

Within three days from the date of adjourning the trial session, the Chief Justice of the Court and the Prosecutor General shall appoint someone else to replace them.

Article 18

During the process of handling administrative cases, the Prosecution Office has the right to participate in litigation from any stage when deemed necessary. For administrative decisions and actions related to the rights and legitimate interests of minors, persons with physical or mental disabilities, if no one initiates a lawsuit, the Prosecution Office has the right to initiate an administrative case and has the responsibility to provide evidence.

Chapter 4:

PARTICIPANTS IN LITIGATION

Article 19

1- Participants in administrative litigation include parties, representatives authorized by the parties, defenders of the parties' legitimate rights and interests, witnesses, experts, and interpreters.

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

3- When the party is a legal entity, they exercise their litigation rights and obligations through their legal representative or by authorization.

Article 20

1- The plaintiff has the right to withdraw part or all of the content of the complaint. The defendant has the right to amend or revoke the administrative decision, rectify the administrative act being challenged, oppose the plaintiff's request, or propose a related request. Persons with rights and obligations related to the case may have independent requests or join the litigation with other parties.

2- Parties have the following rights:

a) To present documents and evidence; to read, copy, and view documents and evidence provided by other parties;

b) To request the court to apply provisional measures;

c) To participate in the trial session;

d) To request the replacement of Judges, Lay Judges, Prosecutors, Court Secretaries, experts, and interpreters if there are reasons stipulated in Articles 16 and 27 of this Ordinance;

đ) To agree among themselves on the resolution of the administrative case, provided such agreement does not contravene the law;

e) To debate at the trial session;

g) To appeal the judgment or decision of the court;

h) To request the authority to lodge a protest against the judgment or decision of the court according to the cassation or reconsideration procedure.

3- Parties have the following obligations:

a) To provide relevant documents and evidence fully and promptly as required by the court;

b) To appear before the court as summoned;

c) To strictly comply with the rules of the trial session.

Article 21

1- Parties aged eighteen years or older have the right to exercise their rights and obligations in administrative litigation themselves.

2- Minors, persons with physical or mental disabilities exercise their rights and obligations in litigation through a representative.

Article 22

1- Parties may authorize any person to represent them in litigation, except for the following persons who are not allowed to participate in litigation as authorized representatives:

a) Those without Vietnamese nationality, not residing in Vietnam, except where the law provides otherwise for parties with foreign nationality, stateless persons, or Vietnamese citizens residing abroad;

b) Under eighteen years old;

c) Suffering from mental illness;

d) Have been indicted for criminal offenses or convicted but not yet rehabilitated;

đ) Court staff, Prosecution Office staff;

e) Experts, interpreters, or witnesses in the case;

g) Relatives of Judges, Lay Judges, Court Secretaries, Prosecutors involved in resolving the case.

2- The authorized representative can only exercise the litigation rights and obligations of the party within the scope of the authorization.

3- Authorization to participate in litigation must be made in writing and legally certified.

Article 23

1- Parties can themselves or seek the assistance of a lawyer or another person to protect their legitimate rights and interests.

2- One person may protect the legitimate rights and interests of several parties in the same case, if their interests are not conflicting.

3- Defenders of the parties' legitimate rights and interests have the right:

a) To participate in litigation from the initiation of the lawsuit;

b) Propose changes to Judges, Associate Judges, Prosecutors, Court Secretaries, Appraisers, Interpreters in accordance with Articles 16 and 27 of this Ordinance;

c) Provide materials, evidence, make requests, read the case file, copy necessary points from the case file, participate in court sessions.

4- The person protecting the legitimate rights and interests of the parties has the obligation to use litigation rights as prescribed by law to contribute to clarifying the truth of the case.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1- A person who knows facts related to an administrative case may appear as a witness on their own initiative or be summoned by the Court or the Prosecutor's Office.

2- Witnesses must attend according to the summons issued by the Court or the Prosecutor's Office; they have the obligation to truthfully present all that they know about the case and shall be responsible for their statements.

3- The party requesting the Court to summon a witness must pay the advance costs for the witness. The losing party shall bear the costs for the witness if the testimony is significant for resolving the case. If the testimony is not significant for resolving the case, then the party requesting the summons of the witness shall bear the costs for the witness.

Article 25

1- When necessary, the Court or the Prosecutor's Office may request an appraisal either on its own initiative or at the request of the parties. The appraiser must attend according to the summons issued by the Court or the Prosecutor's Office.

2- The appraiser has the right to review materials related to the object to be appraised.

The appraiser has the obligation to appraise the object requested objectively and truthfully.

3- The party requesting the appraisal or the Court or the Prosecutor's Office requesting the appraisal on its own initiative must pay the advance costs for the appraisal. The plaintiff shall bear the costs for the appraisal if the result is significant for resolving the case; if the result is not significant for resolving the case, then the party requesting the appraisal, the Court, or the Prosecutor's Office requesting the appraisal on its own initiative shall bear the costs for the appraisal.

Article 26

1- In cases where a party involved in litigation cannot use the Vietnamese language, the Court is responsible for appointing an interpreter.

2- The interpreter must attend according to the summons issued by the Court and interpret truthfully.

3- The plaintiff shall bear the costs for the interpreter.

Article 27

The appraiser and interpreter must refuse to participate in litigation or be replaced if there is a basis as stipulated in Points a, e, and g Clause 1 Article 16 of this Ordinance. The replacement of the appraiser or interpreter before the trial session is decided by the Chief Judge of the Court; during the trial session, it is decided by the Bench after hearing the opinion of the party requested to be replaced.

Article 28

1- If a party is an individual who has died but whose rights and obligations are inherited, then the heir may participate in litigation.

2- If a party is a legal entity that has been merged, divided, or dissolved, then the individual or legal entity inheriting the rights and obligations of the old legal entity shall perform the litigation rights and obligations of that legal entity.

3- The inheritance of litigation rights and obligations can be accepted by the Court at any stage during the process of resolving an administrative case.

Chapter 5:

COURT FEES

Article 29

1- The plaintiff must pay the advance court fee for the first instance, except in cases where payment of the advance court fee is not required. The Prosecutor's Office initiating an administrative case does not need to pay the advance court fee for the first instance.

2- The appellant in the appeal procedure must pay the advance court fee for the appeal, except in cases where payment of the advance court fee is exempted. The Prosecutor's Office appealing in the appeal procedure does not need to pay the advance court fee for the appeal.

3- The parties must bear the court fees according to the degree of fault in the legal relationship resolved by the Court, except in cases where court fees are exempted.

4- The Government shall coordinate with the Supreme People's Court to establish regulations on court fees.

Chapter 6:

INITIATION AND HANDLING OF CASES

Article 30.

1- The plaintiff must submit a petition requesting the competent Court to resolve the administrative case within thirty days from the date of receipt of the reply document from the person or state agency that made the administrative decision or engaged in the administrative act regarding the complaint resolution.

2- In cases where the initiation of the lawsuit is prevented due to objective obstacles within the time limit prescribed in this Clause, the period of such objective obstacles shall not be counted towards the statute of limitations for filing a lawsuit.

3- The complaint must include the following main contents:

a) Date of submission;

b) The Court requested to resolve the administrative case;

c) Name and address of the plaintiff and defendant;

d) Content of the administrative decision or summary of the administrative act;

đ) Content of the reply document from the person or state agency regarding the resolution of the complaint against the administrative decision or administrative act which the plaintiff considers to be contrary to the law;

e) Assurance of not lodging an appeal to the immediate superior authority of the state agency or the person who made the administrative decision or engaged in the administrative act;

g) Requests for the Court to resolve.

4- The complaint must be signed by the plaintiff or the representative of the plaintiff. Accompanying the complaint must be documents proving the plaintiff's claims.

Article 31

The Court will return the complaint in the following cases:

1- The plaintiff does not have the right to initiate a lawsuit;

2- The statute of limitations for initiating a lawsuit has expired without justifiable reasons;

3- There is no reply from the person or state agency that made the administrative decision or engaged in the administrative act regarding the resolution of the complaint;

4- There is an administrative decision on the resolution of the complaint as prescribed by law;

5- The matter has already been resolved by a judgment or decision that has taken legal effect from the Court;

6- The matter initiated does not fall within the jurisdiction of the Court.

Article 32

1- If the Court finds that the administrative case falls within its jurisdiction, it shall notify the plaintiff to pay the advance court fee. Within seven days from the date of submission of the complaint, the plaintiff must pay the advance court fee, except in cases where payment of the advance court fee is exempted.

2- The Court accepts the case on the day the plaintiff presents the receipt for payment of the advance court fee. In cases where the plaintiff is exempted from paying the advance court fee, the Court accepts the case on the day it receives the complaint.

Article 33

1- After the court has accepted the case, the party has the right to submit a petition requesting the court to issue a decision to apply provisional emergency measures to protect their immediate interests, ensuring the enforcement of the judgment; the party shall be responsible under the law for their request, and must compensate if they cause damage due to fault.

2- During the process of resolving the case, the court may on its own initiative or upon a written request from the prosecution issue a decision to apply provisional emergency measures and shall be responsible for such decision. If damage is caused by applying provisional emergency measures contrary to the law, compensation shall be provided.

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

3- A request to apply provisional emergency measures must be examined 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 to apply provisional emergency measures.

4- In the decision to apply provisional emergency measures, the effective period of the decision must be clearly stated, but it shall not exceed the time limit for resolving the case as prescribed by law.

Article 34

Provisional emergency measures include:

1- Temporarily suspending the execution of an administrative decision being challenged;

2- Prohibiting or compelling the parties, organizations, or individuals to perform certain acts if it is deemed necessary for the resolution of the administrative case or to ensure the enforcement of the judgment.

Article 35

1- Provisional emergency measures may be changed or revoked.

2- Changing or revoking provisional emergency measures before the trial session shall be decided by the judge assigned to resolve the case; during the trial session, it shall be decided by the bench.

Article 36

1- A decision to apply provisional emergency measures shall be enforced immediately despite any objections or recommendations.

2- The parties have the right to object, and the prosecution has the right to recommend to the president of the court handling the administrative case regarding the decision to apply provisional emergency measures.

Within three days from the date of receiving the objection or recommendation, the president of the court handling the case must examine and respond.

Chapter 7:

PREPARATION FOR TRIAL

Article 37

1- Within seven days from the date of accepting the case, the court must notify the defendant and those with rights and obligations related to the content of the complaint.

Within fifteen days from the date of receiving the notification, the defendant and those with rights and obligations related to the case must submit their written opinions to the court about the complaint and other relevant documents; if no written opinion is received within this period, the court will continue to resolve the case according to the general procedure.

2- Within sixty days from the date of accepting the case, the judge assigned to preside over the trial session must issue one of the following decisions:

a) Bring the case to trial;

b) Temporarily suspend the resolution of the case;

c) Suspend the resolution of the case.

For complex cases, the above time limit shall not exceed ninety days.

3- Within twenty days from the date of issuing the decision to bring the case to trial, the court must convene a trial session; in case of valid reasons, the time limit shall not exceed thirty days.

4- Immediately after issuing the decision to bring the case to trial, the court must send the case file to the same-level prosecution for review within fifteen days, if the prosecution participates in the first-instance trial session.

Article 38

1- During the preparation phase for trial, if deemed necessary, the court may on its own initiative or entrust another court to conduct investigations, collect evidence to clarify the facts of the case. The entrusted court has the duty to promptly carry out the entrustment and report the results to the entrusting court.

2- The investigation and collection of evidence includes:

a) Requesting the parties to provide, supplement evidence or explain issues that are necessary;

b) Requesting state agencies, organizations, or relevant individuals to provide evidence significant to the resolution of the case;

c) Requesting witnesses to explain issues that are necessary;

d) Investigating on-site;

đ) Requesting expert examination and conducting other necessary measures.

Article 39

The decision to bring the case to trial must contain the following contents:

1- Date, month, year, and location of the trial session;

2- Whether the trial will be public or private, with the presence or absence of the parties and other participants in the proceedings;

3- Names of the parties and other participants in the proceedings;

4- Content of the lawsuit;

5- Names of the judges, assessors, and court clerk; names of the prosecutors if the prosecution participates in the trial session.

Article 40

1- The court decides to temporarily suspend the resolution of the case in the following circumstances:

a) The party is an individual who has died, or a legal entity that has been dissolved without a successor to inherit the litigation rights and obligations;

b) The deadline for preparing for trial has expired, and one of the parties cannot appear for a valid reason, except in cases where the trial can proceed in absentia;

c) It is necessary to wait for the resolution of a related criminal, civil, economic, labor, or administrative case;

2- The court continues to resolve the case when the reason for the temporary suspension no longer exists.

3- The decision to temporarily suspend the resolution of the case can be appealed or protested.

Article 41

1- The court decides to suspend the resolution of the case in the following circumstances:

a) The party is an individual who has died, and their rights and obligations are not inherited; a legal entity that has been dissolved without a successor to inherit the litigation rights and obligations;

b) The plaintiff withdraws the complaint;

c) The plaintiff was legally summoned twice but still failed to appear without a valid reason;

d) The statute of limitations for filing a lawsuit has expired before the court accepts the complaint;

đ) The matter has already been resolved by a final judgment or decision of the court or another competent authority;

e) The matter does not fall within the jurisdiction of the court.

2- The decision to suspend the resolution of the case can be appealed or protested, except in the case specified in point b of Clause 1 of this Article.

Article 42 |||

When there are decisions prescribed in Articles 39, 40, and 41 of this Ordinance, the Court must immediately send those decisions to the same-level Prosecution Office, the parties, and the person protecting the legitimate rights and interests of the parties.

Chapter 8:

PRIMARY TRIAL SESSION

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

1- The primary trial session shall be conducted with the presence of the parties or their representatives. The primary trial session may still be held in the absence of one party when they request it and the Court accepts such a request, or in cases where the defendant has been legally summoned twice but remains absent.

2- For cases where the content is clear, sufficient evidence is recognized by all parties, and there are no requests to participate in the trial session, the Court may conduct the primary trial session without the presence of participants.

3- The Prosecution Office must participate in the primary trial session or provide written opinions in cases where the Prosecution Office initiates the case and in cases involving minors or individuals with physical or mental disabilities, or administrative complaints concerning the application of administrative measures: community education, placement in educational institutions, placement in educational facilities, placement in medical facilities, administrative supervision. For other cases, the Prosecution Office may participate in proceedings from any stage if deemed necessary.

Article 44 |||

1- When the primary trial session begins with the presence of participants, the Presiding Judge reads out the decision to bring the case for adjudication, checks the presence and identity of those summoned to the session, and explains their rights and obligations during the session. If someone summoned is absent, the Trial Panel decides to postpone or continue the session.

The Presiding Judge introduces the members of the Trial Panel, the Prosecutor, the Clerk of the session, the Expert Witness, the Interpreter, and the Witness, and explains to the participants their right to request changes in the composition of the Trial Panel, the Prosecutor, the Clerk of the session, the Expert Witness, and the Interpreter. If there is a request for change, the Trial Panel will consider and decide accordingly.

The Presiding Judge explains to the Expert Witness and the Interpreter their rights and obligations. These individuals must pledge to fulfill their duties.

The Presiding Judge explains to the Witness their rights and obligations. The Witness must pledge to testify truthfully. If the Witness may be influenced by another's testimony, the Presiding Judge will separate the Witness from that individual before taking their statement.

The Presiding Judge asks the parties or their representatives, the Prosecutor, and the person protecting the legitimate rights and interests of the parties about providing additional evidence or requesting additional witnesses; if anyone requests, the Trial Panel will consider and decide.

2- For primary trial sessions conducted without the presence of participants, after hearing the Presiding Judge's summary of the case, the Trial Panel examines the documents in the case file, listens to the representative of the Prosecution Office presenting their opinion or reads out the written opinion of the Prosecution Office on the resolution of the case (if applicable), then discusses and deliberates.

Article 45 |||

The Trial Panel postpones the trial session in the following cases:

1- Absence of the Prosecutor or lack of a written opinion of the Prosecution Office in cases where the Prosecution Office must participate in the trial session or provide a written opinion;

2- The plaintiff, defendant, or interested party with independent claims, or their representatives, are absent at the first instance trial session with the presence of participants due to valid reasons;

3- Members of the Trial Panel, the Prosecutor, the Clerk of the session, the Expert Witness, or the Interpreter are changed without immediate replacement.

Article 46 |||

1- The Trial Panel determines all circumstances of the case by listening to the opinions of the plaintiff, defendant, interested parties, or their representatives, the person protecting the legitimate rights and interests of the parties, the Witness, the Expert Witness, and comparing these opinions with collected documents and evidence.

2- During cross-examination, the Trial Panel questions first, followed by the Prosecutor and the person protecting the legitimate rights and interests of the parties. Participants have the right to propose additional questions to the Trial Panel.

Article 47 |||

After the Trial Panel concludes the cross-examination, the parties or their representatives, the person protecting the legitimate rights and interests of the parties, engage in debate; the Prosecutor presents their opinion on resolving the case.

Article 48

At the trial session, if any of the situations prescribed in Article 40 of this Ordinance occur, the Trial Panel issues a decision to temporarily suspend the resolution of the case; if any of the situations prescribed in Article 41 of this Ordinance occur, a decision to terminate the resolution of the case is issued.

Article 49

1- Decisions of the Trial Panel must be discussed and decided by majority vote. During deliberation, a record must be made of the opinions discussed and the decision of the Trial Panel.

2- The judgment must include the following main contents:

a) Date, month, year, and location of the trial session;

b) Names of the members of the Trial Panel, the Prosecutor, and the Clerk of the session;

c) Names and addresses of the parties and their representatives;

d) Requests of the parties;

đ) Proven circumstances, evidence, and legal basis for resolving the case;

e) Decisions of the Court;

g) Court fees and the person responsible for paying them;

h) Parties' right to appeal.

3- The Presiding Judge announces the full text of the judgment and informs the parties of their right to appeal and their obligation to comply with the judgment.

Article 50

1- The Court issues decisions to resolve issues arising during the process of resolving administrative cases.

2- Before opening the trial session, the Judge assigned to resolve the case has the authority to issue decisions; during the trial session, issuing decisions is carried out by the Trial Panel.

3- The content of the decision includes:

a) The Court resolves the case;

b) Date, month, year of issuance of the decision;

c) The names and addresses of the parties and other persons participating in the proceedings;

d) The claims of the parties or the reasons for the decision;

đ) The legal basis for issuing the decision;

e) Specific decisions;

g) The right of appeal of the parties.

Article 51

The court shall not amend or supplement a judgment or decision that has been pronounced, except in cases of clear errors in calculations or typographical errors, but must immediately notify the parties, the People's Procuracy, and other individuals or organizations with rights and obligations related to the case.

Article 52

1- All developments during the trial session must be clearly reflected in the trial record. The presiding judge checks the trial record and signs it together with the clerk of the trial session.

2- Within three days from the date of pronouncing the judgment, the parties, their representatives, or those protecting their legal rights and interests may review the trial record and have the right to request corrections or supplements to the record. The presiding judge, the clerk of the trial session, and the person making the request sign to confirm the corrections or supplements. If the request for corrections or supplements to the trial record is not accepted, the requester has the right to record their opinion in writing to be included in the case file.

Article 53

Immediately after the conclusion of the trial session, the parties are provided with an extract of the judgment or decision on the case by the court. At the latest within seven days from the date of issuance of the judgment or decision, the court must provide the parties with a copy of the judgment or decision upon their request, while sending a copy to the same-level People's Procuracy.

Article 54

Persons violating the order of the trial session may, depending on the circumstances, be warned, fined, ordered to leave the courtroom, or detained by the presiding judge of the trial session.

The People's Police have the duty to protect the trial session and enforce the orders of the presiding judge regarding the removal of persons violating the order of the trial session from the courtroom or the detention of violators.

Chapter 9:

PROCEDURE FOR APPEAL

Article 55

1- Parties or their representatives have the right to appeal; the same-level or higher-level People's Procuracy has the right to lodge a protest against the judgment or decision of the first-instance court suspending or terminating the resolution of the case, requesting a higher-level court to conduct appellate review, except in cases stipulated in Clause 2 of Article 41 of this Ordinance.

2- The appellant must submit an appeal petition; the People's Procuracy lodges a protest in writing. In the appeal petition, the protest must clearly state:

a) The content of the judgment or decision portion of the first-instance court being appealed or protested;

b) The grounds for appeal or protest;

c) The requests of the appellant or protester.

Article 56

1- The time limit for appeal is ten days from the date the court pronounces judgment or issues a decision; if the party is absent from the trial session, the time limit starts from the date the copy of the judgment or decision is delivered to them, their relatives, or posted at the office of the People's Committee of the commune, ward, town where they reside, or the place of business if the party is a legal entity.

2- The time limit for protest by the same-level People's Procuracy is ten days, and by the higher-level People's Procuracy is twenty days, from the date the court pronounces judgment or issues a decision. If the Prosecutor does not participate in the trial session, the time limit for protest starts from the date the same-level People's Procuracy receives a copy of the judgment or decision of the court.

3- In cases where obstacles prevent the appeal or protest within the time limits specified in Clauses 1 and 2 of this Article, the period of such obstacles shall not be counted towards the time limit for appeal or protest.

4- Appeals and protests must be sent to the first-instance court that resolved the case. Within seven days from the date of receipt of the appeal or protest or from the date the appellant presents the receipt of payment for the advance litigation fee for the appeal, if applicable, the first-instance court must send the appeal or protest along with the entire case file to the appellate court.

Article 57

1- When sending the appeal or protest along with the entire case file to the appellate court, the first-instance court must notify the appeal to the same-level People's Procuracy, the parties, and those with rights and obligations related to the appeal. The People's Procuracy must send a copy of the protest to the parties and those with rights and obligations related to the protest.

2- The parties and those with rights and obligations related to the appeal or protest must submit their opinions on the appeal or protest to the appellate court within seven days from the date of receipt of the notification.

Article 58

1- Before or during the appellate trial session, the appellant or the People's Procuracy lodging a protest may withdraw part or all of the content of the appeal or protest.

2- The court shall issue a decision to suspend the appellate review of the case if the appellant withdraws the entire appeal, and the People's Procuracy withdraws the entire protest.

Article 59

1- Prior to or during the appellate trial session, the appellant, the People's Procuracy lodging a protest, those with rights and obligations related to the appeal or protest, and those protecting the legal rights and interests of the parties have the right to submit new evidence.

2- The appellate court itself or upon request of the parties may conduct or entrust another court to conduct verification of newly submitted evidence.

Article 60

1- The appellate court reviews the content of the appeal or protest and the relevant portions of the judgment or decision.

2- Within sixty days from the date of receiving the complete case file sent by the first-instance court, the appellate court must convene an appellate trial session; in cases involving complex circumstances, this period may not exceed ninety days.

Article 61

The appellate panel does not need to convene a trial session or summon the parties in the following cases:

1- Considering appeals or protests beyond the time limit;

2- Considering appeals or protests concerning the litigation fees;

3- Considering appeals or protests concerning decisions of the first-instance court.

Article 62

Prior to conducting appellate review, the court has the authority to apply urgent interim measures, suspend, or terminate the resolution of the case according to the provisions of this Ordinance.

1. The subjects eligible for the award of the title "People's Doctor" and "Outstanding Doctor" include doctors, pharmacists, medical technicians, traditional medicine practitioners engaged in medical treatment, pharmaceutical production, medical research, disease prevention, epidemic control, and health management officials.

1- The People's Procuracy at the same level shall participate in the cassation hearing or provide comments in writing for cases stipulated in Clause 3 of Article 43 of this Ordinance and in cases where the People's Procuracy lodges a protest; for other cases, the People's Procuracy shall participate in the cassation hearing when deemed necessary. If the People's Procuracy participates in the hearing, the Court shall transfer the case file to the People's Procuracy for study within ten days.

2- The parties appealing, those with rights and obligations related to the appeal or protest shall be summoned to participate in the hearing.

3- The Court shall summon the expert witness, interpreter, and witness only upon request of the parties and when necessary for resolving the appeal or protest.

4- If the Prosecutor must participate in the hearing or requests participation in the hearing but is absent or has not provided written comments from the People's Procuracy, the Bench shall adjourn the hearing. If those persons specified in Clauses 2 and 3 of this Article are absent, the Court may still proceed with the trial.

5- For cases where the first-instance trial did not require the presence of the participants in the proceedings or there was no request to participate in the cassation hearing, the Court may conduct the cassation hearing without the presence of the participants in the proceedings.

Article 64

1- The cassation hearing shall be conducted according to the procedures of the first-instance hearing. Before considering the appeal or protest, a member of the Bench shall present the content of the case, the decision of the first-instance judgment, and the content of the appeal or protest.

2- The cassation court has the right to:

a) Reject the appeal or protest and maintain the decisions of the first-instance judgment or decision;

b) Amend part or all of the portion of the decision of the first-instance judgment or decision;

c) Revoke the first-instance judgment or decision and transfer the case file to the first-instance court for retrial if there is a serious violation of the procedural rules or if the evidence collection is insufficient and cannot be supplemented by the cassation court;

d) Temporarily suspend the resolution of the case if one of the circumstances prescribed in Article 40 of this Ordinance occurs;

e) Revoke the first-instance judgment or decision and terminate the resolution of the case if one of the circumstances prescribed in Article 41 of this Ordinance occurs.

3- The first-instance judgment or decision shall be amended partially or entirely when:

a) The content contravenes the law or is inconsistent with the case file;

b) New evidence shows that the first-instance judgment or decision contravenes the law or does not correspond to the objective facts of the case.

Article 65

1- In addition to the contents prescribed in Articles 49 and 50 of this Ordinance, the cassation judgment or decision must clearly state the portion of the decision of the first-instance judgment or decision being appealed or protested, the content of the appeal or protest, and the decision of the cassation court.

2- A copy of the cassation judgment or decision must be sent to the parties and those with rights and obligations related to the appeal or protest within fifteen days from the date of issuance of the judgment or decision.

Article 66

1- When the cassation court reviews the decision of the first-instance court that has been appealed or protested, the Court does not need to hold a hearing or summon the parties, except in cases where their opinions need to be heard before making a decision.

2- The cassation court must issue a decision on the appeal or protest within fifteen days from the date of receipt of the appeal or protest.

3- When reviewing the decision of the first-instance court that has been appealed or protested, the cassation court has the powers prescribed in Article 64 of this Ordinance.

Chapter 10:

PROCEDURE FOR SUPERIOR REVIEW AND REHEARING

Article 67

1- A judgment or decision of the Court that has taken legal effect is subject to superior review protest when one of the following grounds exists:

a) There is a serious violation of the procedural rules;

b) The portion of the decision in the judgment or decision is inconsistent with the objective circumstances of the case;

c) There is a serious mistake in applying the law.

2- A judgment or decision of the Court that has taken legal effect is subject to rehearing protest when one of the following grounds exists:

a) A significant fact of the case has newly been discovered which the parties could not have known during the resolution of the case;

b) It has been determined that the testimony of the witness, the conclusion of the expert, or the translation of the interpreter is clearly untrue or there is a forgery of evidence;

c) The Judge, Associate Judge, Prosecutor, or Clerk of the Court intentionally distorted the case file;

d) The judgment or decision of the Court or the decision of a state agency on which the Court relied to resolve the case has been revoked.

Article 68

1- The President of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy have the right to lodge a protest for superior review or rehearing against judgments or decisions that have taken legal effect of courts at all levels.

2- The Deputy President of the Supreme People's Court and the Deputy Chief Prosecutor of the Supreme People's Procuracy have the right to lodge a protest for superior review against judgments or decisions that have taken legal effect of local people's courts.

3- The President of the provincial-level court and the Chief Prosecutor of the provincial-level procuracy have the right to lodge a protest for superior review or rehearing against judgments or decisions that have taken legal effect of district-level courts.

Article 69

1- The time limit for lodging a protest for superior review is six months, and for rehearing is one year, counted from the date the judgment or decision of the Court takes legal effect.

2- The protest must be submitted to the Court that issued the judgment or decision being protested, which will hear the superior review or rehearing, the parties, and those with rights and obligations related to the content of the protest. The Court must send the protest along with the case file to the People's Procuracy at the same level for study within fifteen days.

3- The grounds for the protest must be clearly stated in the protest. Before opening the hearing or during the hearing, the party lodging the protest has the right to withdraw the protest.

4- The party lodging the protest has the right to postpone or temporarily suspend the enforcement of the judgment or decision that has taken legal effect and is being protested.

Article 70

1- The Superior Review or Rehearing Bench shall only have the right to examine the content of the case related to the decision being protested.

2- The Panel of Judges of the provincial-level court shall conduct superior review or rehearing of cases where the judgment or decision of the district-level court that has taken legal effect is being protested.

3- The Supreme People's Court's Administrative Division shall review by final appeal and re-examination cases where judgments and decisions that have become legally binding from provincial courts have been protested.

4- The Board of Judges of the Supreme People's Court shall review by final appeal and re-examination cases where judgments and decisions that have become legally binding from appellate courts and the Supreme People's Court's Administrative Division have been protested.

5- The Council of Judges of the Supreme People's Court shall review by final appeal and re-examination cases where decisions of the Board of Judges of the Supreme People's Court have been protested.

6- Within one month from the date of receiving the case file, the court must convene a final appeal or re-examination hearing.

Article 71

1- A final appeal or re-examination hearing does not need to summon parties and persons with related rights and obligations who have protested, except when the court deems it necessary to hear their opinions before making a decision.

2- At the hearing, a member of the bench presents the case content and the protest content. In cases where the court summons litigation participants, those summoned present their opinions before the Prosecutor presents their opinion on resolving the case. The bench discusses and issues a decision.

Article 72

The final appeal and re-examination bench has the authority to:

1- Reject the protest and maintain the judgment or decision that has become legally binding;

2- Amend part or all of the judgment or decision that has become legally binding and has been protested;

3- Revoke the judgment or decision that has become legally binding for retrial at first instance or appellate level;

4- Revoke the judgment or decision that has become legally binding and terminate the resolution of the administrative case according to Article 41 of this Ordinance.

Chapter 11:

IMPLEMENTING PROVISIONS

Article 73

The provisions of this Ordinance also apply to the resolution of administrative cases involving individual or foreign legal entity parties, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 74

1- The Government shall uniformly manage state administration over enforcement of administrative judgments nationwide.

2- Individuals, state agencies, organizations with the obligation to enforce judgments and decisions of the court must strictly comply. The head of the higher-level state agency directly supervising has the responsibility to monitor and oversee the enforcement of administrative judgments; in necessary cases, they have the right to compel compliance with the court's decision on administrative cases. Any person who is negligent in enforcing administrative judgments or intentionally fails to comply with judgments and decisions of the court on administrative cases may be subject to disciplinary action or criminal liability depending on the nature and degree of violation.

3- Decisions regarding property and property rights in judgments and decisions of the court on administrative cases shall be enforced according to the Law on Enforcement of Civil Judgments.

Article 75

This Ordinance takes effect from July 1, 1996.

Previous regulations contrary to this Ordinance are abolished.

Article 76

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall guide implementation of this Ordinance within their respective functions.

Hanoi, May 21, 1996