The procedure for filing an administrative lawsuit is a legal issue of great concern to many clients who seek to protect their legitimate rights and interests.
The procedure for filing an administrative lawsuit is a legal issue of great concern to many clients who seek to protect their legitimate rights and interests. To help clients better understand and prepare, ADVN Law summarizes the following key points:
1. Types of complaints under the jurisdiction of the Court:
a. Complaints against administrative decisions or administrative acts, except for decisions/acts classified as state secrets relating to national defense, security, diplomacy, or internal decisions/acts within an organization or agency.
b. Complaints regarding voter lists for elections of the National Assembly or People’s Councils.
c. Complaints against disciplinary decisions to dismiss public officials holding positions from the General Director level and below.
d. Complaints regarding decisions resolving disputes related to handling competition cases.
2. Allocation of jurisdiction among Courts:
• District-level Courts handle first-instance complaints related to:
a. Administrative decisions or acts by state agencies at the district level or lower within the same administrative jurisdiction as the Court.
b. Disciplinary dismissal decisions issued by heads of agencies at the district level or lower.
c. Complaints about voter lists for elections of the National Assembly or People’s Councils.
• Provincial-level Courts handle first-instance complaints related to:
a. Administrative decisions or acts by ministries, ministerial-level agencies, Government agencies, or provincial-level authorities.
b. Disciplinary dismissal decisions issued by heads of provincial or central-level agencies.
c. Administrative decisions or acts by Vietnamese diplomatic missions abroad.
1. Legal capacity and procedural capacity in administrative litigation:
• Plaintiffs must possess both legal capacity and procedural capacity in administrative litigation.
• For minors or persons lacking civil capacity, lawsuits must be filed through their legal representatives.
2. Eligible entities for filing lawsuits:
• Individuals, agencies, or organizations disagreeing with administrative decisions/acts or disciplinary dismissal decisions.
• Individuals or organizations disputing decisions resolving complaints about competition cases or voter lists.
General statute of limitations:
• 01 year from the date of receipt or awareness of the administrative decision/act or disciplinary dismissal decision.
Special cases:
• For land management disputes, if complaints were unresolved or unsatisfactorily resolved between 2006 and 2011, the statute of limitations is 01 year from July 1, 2011.
Force majeure events:
• The period of occurrence of force majeure events is not counted toward the statute of limitations for filing lawsuits.
IV. Dossier for Filing an Administrative Lawsuit
• A lawsuit petition (as per the prescribed form).
• Documents and evidence substantiating the lawsuit claims.
• Administrative decisions or decisions resolving complaints (if any).
• Copies of personal identification documents (certified).
• Power of attorney (if applicable).
From acceptance of the case to the first-instance trial: 4–6 months.
Contact ADVN Law immediately for in-depth advice and effective support in administrative lawsuits!
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
