ADMINISTRATIVE LITIGATION: DEFINITION AND PROCEDURES

Administrative litigation refers to the process of resolving administrative cases in accordance with the law at courts to address complaints against administrative decisions or actions taken by state agencies, officials, or civil servants.

1. General Provisions on Administrative Litigation

Administrative litigation involves several stages, including:

- Filing a lawsuit and case acceptance.
- Case preparation and first-instance trial.
- Appellate trial.
- Supervisory review or retrial (special stages of administrative litigation).
- Enforcement of court judgments and decisions in administrative cases.
Distinction between administrative litigation and administrative activities:

- Administrative litigation encompasses the procedural actions undertaken by people's courts and administrative judges to resolve complaints against administrative decisions or acts.
- Administrative activities refer to the broader administrative functions of state bodies, which do not necessarily involve court procedures.
The procedural nature of administrative litigation ensures that resolving complaints at courts is distinguished from administrative resolution by state agencies.

2. Key Concepts in Administrative Litigation

The 2015 Law on Administrative Procedures introduced amendments to key definitions, such as:

a. Administrative decisions subject to litigation:

According to Article 3, an administrative decision subject to litigation is one that establishes, changes, limits, or terminates the legal rights and interests of individuals, organizations, or agencies, or imposes obligations that affect their rights and interests.

b. Administrative acts subject to litigation:

An administrative act subject to litigation is defined as one that directly affects the legal rights and interests of individuals, organizations, or agencies.

c. Complex cases:

A complex case involves multiple parties with conflicting evidence, requiring extensive verification, expert consultation, or cross-border elements such as foreign litigants or overseas Vietnamese parties.

3. Principles of Adversarial Proceedings in Administrative Litigation

Article 18 of the 2015 Law on Administrative Procedures guarantees adversarial proceedings:

Courts must ensure that parties and their legal representatives exercise their right to adversarial proceedings at all trial stages, including first-instance, appellate, supervisory review, and retrial.
Courts are obligated to assist parties in collecting, verifying, and accessing evidence, and may compel other parties or entities to provide evidence.
Parties have the right to:

Access, copy, and discuss evidence submitted to the court, except for evidence related to state secrets, public morals, or private/confidential information.
Be notified within five working days of any evidence submitted to or collected by the court to exercise their rights accordingly.

4. Dialogue in Administrative Litigation

The 2015 Law on Administrative Procedures emphasizes dialogue between disputing parties:

Article 20:

Courts must facilitate dialogue to resolve disputes amicably before proceeding to trial.
This amendment highlights the importance of dialogue as a procedural requirement, enhancing fairness and efficiency in administrative litigation.

5. Role of the People's Court in Administrative Adjudication

The role of the people's court in administrative adjudication is critical to ensuring the rule of law in state administrative management.

Article 102 of the 2013 Constitution establishes the people's court as the judicial body of the Socialist Republic of Vietnam.

Through adjudication, courts address legal disputes and supervise the administrative activities of competent authorities.
Courts can annul unlawful administrative decisions or acts and order compensation for damages caused to individuals, organizations, or businesses.
Judicial review ensures that administrative agencies and officials exercise their authority responsibly and comply with legal standards. Decisions and judgments by courts contribute to:

Safeguarding the rights of citizens and organizations.
Promoting transparency and accountability in administrative management.
Enhancing public trust in state institutions.

6. Inspection and Oversight in Administrative Management

Administrative inspections, conducted through routine, planned, or ad hoc methods, play a vital role in ensuring compliance with state policies and laws.

Inspections identify violations, enforce corrective actions, and promote adherence to legal norms.
Agencies and individuals failing to provide necessary information during inspections may face administrative sanctions or legal liability.
Inspection findings inform policy adjustments, reinforce democratic governance, and strengthen the effectiveness of state administrative management.

This structured overview underscores the critical role of administrative litigation in maintaining the rule of law and safeguarding citizens' rights while enhancing the accountability of state agencies and officials.

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.

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