Initiating an administrative case means those individuals, organizations, or state agencies, according to the provisions of the administrative procedure law, requests a court to settle an administrative case in order to protect their legitimate rights and interests affected by administrative decisions, administrative acts, disciplinary decisions on dismissal, decisions on settlement of complaints about decisions on settlement of competition cases, decisions on settlement of complaints in audit activities state, or the preparation of the electoral roll.
Individuals and organizations initiating lawsuits must satisfy the conditions for initiating lawsuits prescribed by the Law on Administrative Procedures. The lawsuit condition is a mandatory requirement for the involved parties when exercising the right to initiate a lawsuit its legitimate interests.
First, the conditions on the subject of the lawsuit
Pursuant to Clause 8, Article 3 of the 2015 Law on Administrative Procedures stipulates: “A petitioner is an agency, organization or individual that initiates an administrative lawsuit against an administrative decision, administrative act or decision. discipline for dismissal, the decision to settle complaints about decisions on handling of competition cases; the list of electors to elect deputies to the National Assembly, the list of voters to elect deputies to the People’s Council, the list of referendum voters (hereinafter referred to as the list of voters).”
Accordingly, the plaintiff must directly have legitimate rights and interests infringed by administrative decisions or acts. Subjects include agencies, organizations, and individuals. However, in order for the right to initiate an administrative case of an individual or organization to be realized, the right to initiate a lawsuit must be exercised by subjects with administrative procedural legal capacity and administrative procedural acts including 18 (Eighteen) years of age or older and capable of participating in administrative proceedings on their own. The law also stipulates that individuals under 18 (Eighteen) years of age, those who have lost their civil act capacity, have limited civil act capacity, or have difficulties in cognition and behaviour control when participating in Initiating a lawsuit requires a representative when deciding to initiate a lawsuit, the representative automatically participates or authorises another person.
For agencies and organizations, the subject must be established and operate in accordance with law and have legal status. The lawsuit is carried out through the legal representative or authorized Article 115 of the 2015 Law on Administrative Procedures stipulates the right to initiate lawsuits of agencies, organizations and individuals.
Second, the conditions on the object of the lawsuit
Objects of lawsuits are administrative decisions, administrative acts, disciplinary decisions on dismissal, decisions on settlement of complaints about decisions on handling of competition cases, lists of voters to elect National Assembly deputies, the list of voters to elect deputies to the People’s Council.
However, not all administrative decisions and acts can be sued, except for administrative decisions and acts specified in Clause 1, Article 30, including: Administrative decisions and acts within the scope state secrets in the fields of defense, security and diplomacy; Court decisions and acts in the application of administrative handling measures, handling of acts obstructing procedural activities; Internal decisions and acts of agencies and organizations. Considering that, the above-mentioned legal provisions are intended to protect national and internal secrets as well as help the settlement of the case become faster and more objective.
Although the 2015 Law on Administrative Procedures does not exclude decisions and administrative acts of the Government and the Prime Minister from the categories of matters that are subject to administrative lawsuits. However, according to Articles 31 and 32 of the Law, it is not determined which Court has the authority to handle decisions and administrative acts of the Government and the Prime Minister. Therefore, of course, these administrative decisions and acts cannot be the subject of an administrative lawsuit.
Third, the condition of the statute of limitations for initiating a lawsuit
The statute of limitations for initiating a lawsuit is the time limit within which an agency, organization or individual is entitled to initiate a lawsuit to request a court to settle an administrative case to protect infringed lawful rights and interests; if that time limit expires, the right to sue is lost. The time to initiate a lawsuit against an administrative decision, administrative act, or a disciplinary decision on dismissal is 01 (One) year from the date of receipt or knowledge of the administrative decision or act. The statute of limitations for initiating a lawsuit is 30 (Thirty) days from the date of receipt of a decision on settlement of a complaint about a decision on handling of a competition case or a decision on settlement of a complaint in state audit activities; From the date on which the notice of complaint settlement results is received from the voter list-making agency or the time limit for complaint settlement expires without receiving the notice of complaint settlement results from the voter list-making agency until 05 (Five) days before the election.
Fourth, the condition of the jurisdiction to settle
The plaintiff has the right to initiate a lawsuit only within the jurisdiction of the Court. Accordingly, Articles 31 and 32 of the 2015 Law on Administrative Procedures stipulate the jurisdiction of district and provincial courts for specific lawsuits. This is also a mandatory condition that the petitioner must comply with, because if it is not within its jurisdiction, the court will not accept the petition, directly affecting the rights and interests of the petitioner.
Fifth, the conditions on the method of lawsuit
The method of lawsuit can be understood as the fact that the subjects have the right to choose different ways to initiate a lawsuit. The method of initiating a lawsuit is specified in Article 115 of the Law on Administrative Procedures 2015, specifically:
For the object of the lawsuit being an administrative decision, act, or disciplinary decision to force severance, an individual or organization can choose from three methods:
(1) Initiating a lawsuit as soon as the administrative decision is received, or infringed upon by administrative acts;
(2) To initiate a lawsuit when receiving the 1st complaint settlement decision but disagree or the 1st complaint settlement time expires without being resolved;
(3) To initiate a lawsuit when receiving the second complaint settlement decision but disagree or the second complaint settlement time expires without being resolved.
With regard to the object of lawsuit being a decision on settlement of a complaint about a decision on handling of a competition case or a decision on settlement of a complaint in the state audit activities, an individual or organization is only entitled to initiate a lawsuit against this decision. without the right to appeal.
With regard to the object of lawsuit being the list of voters, individuals have the right to initiate a lawsuit in cases where they have complained to a competent agency for settlement, but the complaint has not been settled by the time limit for settlement as prescribed, or has been resolved, but disagrees with the settlement of the complaint.
Sixth, conditions on form and procedures for initiating lawsuits
The lawsuit must be expressed in writing, in particular, by the petition. The contents of the lawsuit petition must also comply with the provisions of Article 118 of this Law, specifically and clearly so that the court can determine the content of the case. Attached to the petition are documents and evidences proving that the lawful rights and interests of the petitioner have been infringed. If, for objective reasons, the plaintiff cannot submit all documents and evidences attached to the lawsuit petition, he/she must submit existing documents and evidences to prove that his/her rights and interests have been infringed. Other documents and evidences, the petitioner must supplement or supplement by himself or herself according to the provisions of the Court during the course of settlement of the case.
Above is the consulting article on “Conditions for initiating an administrative case“ of Apra Law firm. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.
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