Law 93/2015/qh13: Administrative Proceedings

Original Language Title: Luật 93/2015/QH13: Tố tụng hành chính

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The LAW on ADMINISTRATIVE PROCEEDINGS _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam;
Congress enacted the law on administrative proceedings.
Chapter I GENERAL PROVISIONS article 1. Scope and mission of the law on administrative proceedings and administrative proceedings Law stipulates the basic principle in administrative proceedings; the duties, powers and responsibilities of the agency conducting the proceedings, the person conducting the proceedings; the rights and obligations of participants in proceedings, agency, organization or individuals involved; the sequences, procedures, resolving administrative, project administration and enforcement complaints, accusations in administrative proceedings.
Administrative litigation law contributes to the protection of Justice, protection of human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of the Agency, organization, or individual; educate people to strictly obey the law; ensure consistency, smoothly and the effect of the national administration.
Article 2. The object and effect of the application of the law on administrative proceedings 1. Administrative procedure law are applicable to all activities of the administrative proceedings in the territory including the Mainland, Islands, seas, the Sun of the Socialist Republic of Vietnam.
2. the administrative proceedings Law are applicable to the operation of administrative proceedings by the representative body of Socialist Republic Vietnam conducted abroad.
3. the administrative proceedings Law are applicable to the administration of the case to have foreign elements; the case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply the provisions of international treaties.
4. Agencies, organizations, individuals, international organizations subject to enjoy the privileges, immunities or privileges of diplomatic, consular immunity under the law or international treaties to which Vietnam Republic of Vietnam's Socialist members, the contents of the case are related to administrative bodies individual organizations, which was resolved by the diplomatic path.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. the administrative decision is written by State administrative organs, bodies, the Organization was given the implementation of the State administrative management issued or authorized person in authority, the organization that issued the decision about particular issues in administrative management activities are applied once for with one or more specific objects.
2. the administrative decision being sued is the decision specified in clause 1 of this article which determines which do arise, to change, limit, terminate, the legitimate interests of the Agency, organization, or individual have incurred obligations do content, affects the rights, legitimate interests of bodies , organization, individual.
3. Administrative behavior is the behavior of the State administrative bodies or of the competent administrative authority in the State or the Agency, the Organization was given the implementation of the State administrative management implementation or non-implementation of the public service mission, in accordance with the law.
4. administrative acts being sued is the acts specified in paragraph 3 of this article which acts that affect the exercise of rights, legitimate interests of agencies, organizations and individuals.
5. Disciplinary dismissal is the written decision of the head of the agency or organization to apply disciplinary dismissal form for public officials in his administration.
6. administrative decisions, administrative acts with the Agency's internal organization, is the decision, directing behavior, run the deployment task, task plan; management, personnel, funds, asset; testing, inspection of the implementation of the mission, public affairs, policy, laws for public servants, workers and the units under the jurisdiction of the Agency, the management organization.
7. includes litigants who sue, who sued, people have rights, obligations are concerned.
8. Petitioner is the Agency, organization or individuals to sue the administrative case against administrative decisions, administrative behavior, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition; the list of voters voting deputies, election voter list peoples Council deputies, electoral list referendum (hereinafter referred to as the electoral list).
9. The person being sued is the Agency, organization, individual administrative decisions, administrative behavior, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters to be litigated.
10. People have the rights, obligation involved is the Agency, organization, personal but not sue, not sued, but the resolution of the case related to administrative rights, their obligations should they themselves or other litigants and be the people's Court (hereinafter the Court) to accept or be put into court proceedings as the There are benefits, related obligations.
11. The Agency held include State agencies, political organizations, social-political organizations, political-social organizations-career, social organization, social-professional organization, economic organizations, business units, units of the people's armed forces and other institutions are established and operate in accordance with the law.
12. The case complicated is the case related to the rights and interests of many people; There are documents and evidence to contradict each other takes time to check, verify, evaluate or consultation of the specialized agencies; There are litigants who are abroad or Vietnam people are residing, studying, working abroad.
13. objective obstacles is the obstacles due to objective circumstances impact makes people have rights, obligations could not know about the rights, legitimate interests of themselves being violated or could not perform his obligations or rights.
14. force majeure events is the events occurring objectively could not foresee and could not overcome despite applying all necessary measures and ability allow.
Article 4. Compliance with law in administrative litigation proceedings of the administrative activities of the agency conducting the proceedings, the person conducting the proceedings, the participants in the proceedings and the agencies, organizations, individuals concerned must comply with the provisions of this law.
Article 5. The right to ask the Court to protect the rights and legitimate interests the Agency, organization or individual has the right to sue the administrative case to ask the Court to protect the rights and legitimate interests of themselves under the provisions of this law.
Article 6. Consider, handle legal documents, administrative documents, relevant administrative acts in administrative case 1. In the course of the case, the Administrative Court has the right to review of the legality of administrative documents, administrative acts are related to administrative decisions, administrative acts being sued and recommended the Agency, organization or individual has the authority to review the administrative documents administrative acts, that and the answer results for the Court under the provisions of this law and other provisions of the relevant laws.
2. The Court has the right to petition authorities, competent individuals to review, amend, supplement or annul the legal text if that text detection signs contrary to the Constitution, the law, the legal text of the Superior State organs under the provisions of this law and other provisions of the relevant laws to ensure the right , the legitimate interests of the Agency, organization, individual. Bodies, competent individuals are responsible to answer the Court the results of processing the legal text were proposed under the provisions of the law as the basis for the Court to resolve the case.
Article 7. Solve the problem of compensation for damage in the case of Administration 1. The petitioner, whose rights, obligations involved in administrative case can simultaneously claim damages due to administrative decisions, administrative behavior, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters.
The petitioner, person of interest, related obligations have demanded compensation for damage is obliged to provide documents and evidence. Where necessary, the Court may proceed to verify, collect documentary evidence to ensure the resolution of the case was correct.
When settling a claim for damages in the case, the provisions of the law on State liability and civil procedure legislation are applied to solve.
2. in the case of administrative lawsuit requesting compensation without having to prove the conditions the Court may split the damage claim to solve by a civil case under the provisions of the law on civil procedure.
The case the Court addressed both the damage claim with the case that the administrative decisions of the judgment on damages was the appeal or protest or the Court of appeal, cassation or the retrial canceled to trial of first instance or the appeal decision on the part of compensation of damage in this case is a part of the case. Resolution procedures for the decision on compensation for damage suffered to appeal, protest or cancelled to trial at first instance or appeal is made according to the provisions of this law.
Article 8. The right to decide and dispose of petitioner agencies, organizations, individuals have the right to decide on the initiation of the administrative lawsuits. The Court only handles the case when there are administrative petition of the petitioner. In the course of the case, the petitioner has the right to change, Supplement, to withdraw the request, perform other litigation rights according to the provisions of this law.
Article 9. Provide documentation, evidence, proof in administrative proceedings 1. The litigants have the right and obligation to actively collect, deliver documentary evidence to the Court and prove his request is based and legally.

Individual claims, asked to protect the rights, legitimate interests of other people has the right and obligation to collect, provide documents and evidence, proving as litigants.
2. The Court has the responsibility to support litigants in obtaining documents, evidence and collect, verify evidence; ask the Agency, organization or individual to provide documents and evidence for the Court or the equivalent under the provisions of this law.
Article 10. Obligation to provide documents and evidence of agencies, organizations, individuals authorized agencies, organizations, individuals in the scope of the task, their powers have the obligation to provide adequate and timely documentary evidence that you are storing, management for litigants, Court, procurator (hereinafter the Procurator) under the provisions of this law, when there request and be responsible before the law on the provision of documents and evidence; the case is not provided, they must inform, in writing and stating the reason for the litigants, the Court, the Prosecutor said.
Article 11. Sure the first instance trial, the mode of appeal 1. The trial mode of the first instance, appellate are guaranteed, except for the trial of the case for the Administration to claim electoral list.
Judgment of the Court of first instance decision can be appealed, the appeal under the provisions of this law.
The judgment of the first instance court's decision not to appeal, protest under procedure of appeal within the time limit prescribed by this Law, the force of law. Judgment of the Court of first instance decisions were appealed, the appeal of the case must be resolved according to the procedures of appeal. Judgment of the Court of appeal decision in force law.
2. The judgment, the Court's decision has the effect of laws that are found to have violated the law or have new details under the provisions of this law shall be reviewed under the procedure of Cassation or retrial.
Article 12. The people's assessors participate in judging administrative cases 1. The trial of first instance administrative cases have involved people's assessors, except where a trial under the shortened procedure under the provisions of this law.
2. When voting on the decision of the case, jurors horizontal people the right to judge.
Article 13. The judge, hearing people's assessors are independent and only obey the law 1. The judge, hearing people's assessors are independent and subject only to the law.
2. Prohibit the Agency, organization, individual intervention in the trial of the judge, the people's assessors of any kind.
Article 14. Ensure the impartial, objective in administrative proceedings 1. Chief Justice of the Court, the judge, jurors, Inquisitor, clerk of court, procuratorate, Director, testing, translation, the examiner, assessment Board members do not progress, participate in the proceedings if there is evidence that they may not be impartial, objective in performing the tasks his powers.
2. Assigning the person conducting the proceedings must ensure to them indifferent, objectivity in performing the task, their powers.
Article 15. Collective trial court hearing administrative cases and collective decisions by majority, except in the case of review under the shortened procedure.
Article 16. The court hearing is timely, fair, public 1. Timely court hearing within the time limit prescribed by this Law, ensure fair.
2. the court hearing. Special circumstances need to keep state secrets, Maple plain, United States of America, the nation's protection of minors or keep secret the profession, business secrets, personal secrets according to the legitimate requests of litigants, the Court can adjudicate.
Article 17. Equality of rights and duties in the administrative proceedings 1. In administrative proceedings, everyone is equal before the law, regardless of ethnicity, gender, creed, religion, social components, cultural level, occupation, social status.
2. All agencies, organizations and individuals in the implementation of equal rights and duties in the administrative proceedings before the Court.
3. The Court has the responsibility to create conditions for agencies, organizations and individuals to exercise their rights and obligations.
Article 18. Ensure litigation in trial 1. The Court has the responsibility to ensure for the litigants, who protected the legitimate rights and interests of litigants made the right to litigation in trial of first instance, appeal, Cassation, retrial under the provisions of this law.
2. Litigants, who protected the legitimate rights and interests of litigants have the right to collect, deliver, document and evidence since the court case and the administration are obliged to inform each other of the documents, the evidence was delivered; presentation, for answers, statements of opinion, arguments about the evidence and the law applicable to the protection request, legitimate rights and interests of himself or another person's request rejected under the provisions of this law.
3. During the trial, all documents and evidence must be considered in full, objective, comprehensive, publicly, except in cases that are not public under the provisions of this law. Executive court litigation, asked the unknown issues and based on the results of litigation to judgment, decision.
Article 19. Ensuring the right to protect legitimate rights and interests of litigants 1. Litigants have the right to defend themselves or ask for a lawyer or other person who is eligible under the provisions of this law to protect the legitimate rights and interests.
2. The Court has the responsibility to ensure for the litigants made the right to protect legitimate rights and interests of them.
3. the State is responsible for ensuring legal assistance for people who are legal aid under the provisions of the law on legal aid so that they make the right protects the rights and legitimate interests before the courts.
4. No one is limiting the right to protect legitimate rights and interests of litigants in administrative proceedings.
Article 20. Dialogue in the administrative proceedings the Court is responsible for conducting dialogue and create conditions conducive to the equal dialogue with each other about the case under the provisions of this law.
Article 21. Voice and text used in the proceeding, the Administration says, and the handwriting used in administrative proceedings is Vietnamese.
Administrative proceedings participants have the right to use voice and text of his nation; this case must have an interpreter.
Administrative proceedings participants are disabled people disabled people listening, say, or the disabled look has the right to use the language, symbols, words dedicated to disabled people; this case must have people know, say in the language, symbols, text reserved by disabled people to translate again.
Article 22. The responsibilities of the agency conducting the proceedings, the person conducting the proceedings 1. Bodies conducting the proceedings, the person conducting the proceedings must respect people and subject to the supervision of the people.
2. The Court has a duty to defend justice, protection of human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of organizations and individuals.
Procuracy has the duty to defend the law, protecting human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of organizations and individuals, contributing to ensure the law is accepted and consistently.
3. The agency conducting the proceedings, the person conducting the proceedings to keep state secrets, secret task in accordance with the law; pure American style, shapers of the nation, to protect minors, to keep confidentiality, trade secrets, personal secrets according to the legitimate requests of litigants.
4. The agency conducting the proceedings, the proceedings are conducted is responsible before the law on the execution of his powers. The case of the person conducting the proceedings there are violations of the law, then, depending on the nature and extent of the violation being disciplined or arrested save for criminal liability in accordance with the law.
5. The person conducting the proceedings while performing their duties, their powers are violations of the law cause damage to organs, institutions, individuals, the authorities who have violations of law which must compensate the victims in accordance with the law on State compensation responsibility.
Article 23. Ensure the validity of the verdict, the decision of the Court 1. The verdict, the decision of the Court was in effect the law must be enforced and should be the Agency, organization, personal respect. Agencies, organizations, individuals concerned must strictly observance.
2. Within the scope of its powers, duties, courts, agencies, the organization assigned to relevant to the enforcement of the judgment, the decision of the Court must be strictly enforced and is responsible before the law on the implementation of that task.
Article 24. Director of the hearing of the Supreme People's Court of Directors of the trial court; High level people's Court trial Director of provincial people's Court, the central cities (hereafter referred to collectively as the provincial court), the people's Court of the district, County, town, city in the province, a city in central cities (hereafter referred to as the District Court) within the territorial jurisdiction in order to ensure uniform application of the law in the trial.
Article 25. Prosecutor comply with law in administrative proceedings 1. Procuracy Prosecutor comply with law in administrative proceedings in order to guarantee for resolving politically timely, true law.
2. Procurator administrative case Prosecutor since accepting the job until the end of the case; join the trial, the Court of session; Prosecutor obey the law in the enforcement of the judgment, the decision of the Court; implementation of the right to request, Petitions, and protests according to the provisions of the law.
3. With regard to administrative decisions, administrative acts concerning the rights, legitimate interests of minors, who lost the capacity for civil acts, persons with limited capacity for civil acts, who have difficulties in cognitive, behavioural mastery, if they do not have the petitioner, the Procuratorate of the people's Committee issued recommendations place that township residents elected the Executive households stands out to sue the administrative lawsuit to protect the rights, legitimate interests for that person.
Article 26. Responsible for the transfer of documents, of court papers

1. The Court is responsible for bombardment, transferred, informed judgments, decisions, summons, invitations and other documents of the Court under the provisions of this law.
2. the people's Committee of social agency, organization, or individual involved is responsible for delivery of the judgment, decision, summons, invitations and other documents of the Court when required by the Court and must announce the results of the transfer it to the Court.
Article 27. Participation in the proceedings of the administrative bodies, institutions and individuals, agencies, organizations, individuals have the right and obligation to participate in administrative proceedings under the provisions of this law, contributing to the resolution of administrative cases in the Court in a timely manner, the correct law.
Article 28. Ensuring the right to complain, report in the proceedings of the administrative bodies, institutions, individuals have the right to complain; individuals have the right to denounce acts of unlawful decisions of bodies conducting the proceedings, the person conducting the proceedings or of any of the agencies, organizations, individuals active in the administrative proceedings.
Agencies, organizations, individuals with the authority to receive, investigate and resolve complaints, to report timely, proper law; notice in writing of the outcome for people who have complaints, accusations.
Article 29. Court fees, the fees and expenses of the proceedings the court fee, the fees and the costs of the proceedings be conducted pursuant to the provisions of this law and the law on court fees, court fees.
Chapter II-JURISDICTION of the COURT-article 30. Grievances in the jurisdiction of the Court 1. Appeals of administrative decisions, administrative acts, except the decisions, the following acts: a) administrative decisions, administrative acts in the scope of State secrets in the fields of Defense, security and Foreign Affairs in accordance with the law;
b) decisions, acts of the Court in applying measures of administrative processing, handling behavior hinder activities the proceedings;
c) administrative decisions, administrative acts with the Agency's internal organizations.
2. disciplinary grievance fired civil servants serving from General Director and equivalent back down.
3. Complaints settled complaints about the decision to handle the case competition.
4. To claim electoral list.
Article 31. The jurisdiction of the District Court the District Court addressed according to the procedure of first instance the following claims: 1. Complaints of administrative decisions, administrative acts of the State administration from the district level back down to the top scope of the administrative boundary with the Court or of the competent administrative authorities of the State in which the except the administrative decisions, administrative acts of the people's Committee at district level, the President of the people's Committee at district level;
2. the disciplinary decision against dismissal of the head of the Agency, held from the district level back down to the top scope of the administrative boundary with the Court for public employees in the Agency's management authority, of that organization;
3. To claim electoral list of list of voters on the same scope of administrative boundary with the Court.
Article 32. The jurisdiction of the provincial courts provincial courts resolve according to the procedure of first instance the following claims: 1. Complaints of administrative decisions, administrative acts of ministries, ministerial agencies, government agencies, the Office of the President, Office of the National Assembly, the State Auditor, the Supreme People's Court , The Supreme People's Procuracy and administrative decisions, administrative acts of the authorized person in authority that the petitioner has a place of residence, work or based on the scope of administrative boundary with the Court; the case of the petitioner has no place of residence, work or based on the territory of Vietnam, the Court in the jurisdiction where the Agency, the competent administrative decisions, administrative acts;
2. Appeals of administrative decisions, administrative acts of the Agency in one of the organs of the State specified in paragraph 1 of this article and of administrative decisions, administrative acts of the authorized person in authority that the petitioner has a place of residence, work or based on the scope of administrative boundary with the Court; the case of the petitioner has no place of residence, work or based on the territory of Vietnam, the Court in the jurisdiction where the Agency, the competent administrative decisions, administrative acts;
3. Appeals of administrative decisions, administrative acts of the provincial State agencies on the same scope of administrative boundary with the Court and of the authority of State bodies;
4. Appeals of administrative decisions, administrative acts of the people's Committee at district level, the President of the people's Committee at district level on the same scope of administrative boundary with the Court;
5. Appeals of administrative decisions, administrative acts of representative bodies of the Socialist Republics Vietnam abroad or of the competent person in authority that the petitioner has a residence on the same scope of administrative boundary with the Court; the case of the petitioner does not have residence in Vietnam, the competent court is the Court of the Hanoi City people or the people's Court of Ho Chi Minh City;
6. disciplinary appeals dismissal of Heads of agencies, provincial organizations, ministries, Central sector that the petitioner has work when being disciplined over the same range of administrative boundary with the Court;
7. Complaints settled complaints about the decision to handle the case competition that the petitioner has a place of residence, work or based on the scope of administrative boundary with the Court;
8. in case of necessity, the Court could take up the case in administrative jurisdiction of the District Court under the provisions of article 31 of this law.
Article 33. Identify the authority in the case just got a complaint, petition 1. The case of the petitioner to have petition the administrative lawsuits in courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve complaints, the Court must require the petitioner to resolve agency selection and notification in writing to the Court.
The case of the petitioner could not do it yourself then, suggest court documents set the minutes about the selection of the Agency. The case the Court dealt specifically as follows: a) the case of the petitioner, the Court selected the Court accepting the case under the General procedure, at the same time notify the competent person to resolve the complaint and ask who has the authority to resolve the complaint moved the entire record complaints for the Court;
b) where the petitioner choose who has the authority to resolve the complaint resolved the Court pursuant to the provisions in paragraph 1 of point e Article 123 of this Law to pay back the petition and attached documents to the petitioner.
The case of expiry of complaints that are not resolved or complaint has been resolved but the complainant did not agree with the resolution of the complaint and may petition the administrative court case review to conduct the case according to the General procedure.
2. where multiple people have just run the administrative lawsuits in courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve the complaint and all these people are choosing one of the two bodies had jurisdiction, the jurisdiction is made according to the provisions in clause 1 of this article.
3. where many people have just run the administrative lawsuits in courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve the complaint, including the choice of court and had the choice of who has the authority to resolve complaints or cases may only sue the Government case in Court of competent jurisdiction and others just complain to the person who has the authority to resolve the complaint, the jurisdiction is determined as follows: a) where rights, obligations of the petitioner and the complainant independent of each other, then the resolution requested by the petitioner under the jurisdiction of the Court, and the resolution of complaints by the complainant under the authority of the person who has the authority to resolve the complaint;
b) where rights, obligations of the petitioner and the complainant are not independent of each other, then the Court accepting the case under the General procedure, at the same time notify the competent person to resolve the complaint and request to transfer the entire profile complaints to the Court.
4. where the petitioner does not choose the Agency addressed the Court returned the petition to the petitioner.
Article 34. Transfer the case to another court, the jurisdiction dispute resolution 1. In the process of resolving the administration according to the procedure of first instance, the Court determined the case that is not the case that the Administration is civil cases and the resolution of this case in its jurisdiction, the Court resolved the case under the General procedure by the civil procedure law rules at the same time notify litigants and the Procurator at the same level.
2. Before you decide to take the case to trial according to the procedure of first instance that defines the base of the case under the jurisdiction of another court, the judge was assigned to solve the case of the administrative decision to transfer the case file to the competent court and cleared up accepting at the same time notify litigants and the Procurator at the same level.
3. After the decision was bringing the case to trial according to the procedure of first instance that defines the base of the case administratively under the jurisdiction of another court, the Court to open the trial to the Board of review the decision to suspend the trial, shifted the case file to the competent court.
4. When the appellate administrative cases which determine the case in the case prescribed in clause 1 and clause 2 of this Article, the Court of appeal cancelled the verdict, the decision of first instance and the case file to the court having jurisdiction at first instance to resolve the case at first instance in accordance with the law.

5. When the trial of Cassation, the retrial of the case which determine the case in the case prescribed in clause 1 and clause 2 of this Article, the Court of Cassation trial or retrial cancel judgment, the decision has force of law and handed the case file to the court having jurisdiction at first instance to resolve the case at first instance in accordance of the law.
6. Litigants have the right to complain, the Procuratorate at the same level have the right to petition the decision prescribed in clause 2 and clause 3 of this article within a period of 3 working days from receipt of the decision. Within 3 working days of receiving complaints, Petitions, Chief Justice of the Court had decided to move the case to resolve administrative complaints, Petitions. The decision of the Chief Justice the Court's final decision and sent immediately for litigants to have complaints, Institute Prosecutor has recommended.
7. the Chief Justice of the Provincial Court resolve the dispute about the jurisdiction of administrative cases between the District Court in the same province, central cities.
Chief Justice of the high people's Court to resolve disputes on jurisdiction of administrative cases between the District Court in the province, central cities; between the provincial court within the territorial jurisdiction of the people's Court.
The Chief Justice of the Supreme People's Court to resolve the dispute about the jurisdiction between the District Court in the province, central cities are different, the provincial court in jurisdiction according to the territory of the people's courts at different level.
Article 35. Enter or separate administrative case 1. Enter two or more court case where the Court was accepting a separate case to solve by an administrative case when the following conditions: a) The case accepting only separate a petitioner for many administrative decisions, administrative acts are due to an agency Organization, or a person of authority in the Agency, organization, and is intimately related to each other or the case accepting many separate claims for the same administrative decision or administrative acts;
b) the import of two or more administrative case into an administrative case to ensure the trial was quick, efficient, thorough and not violating the time limit for pretrial preparation.
2. a separate court case have different requirements in two or more different administrative case to resolve in the case of administrative decision being litigated involve more people sue and rights, obligations of the petitioner which are not related to each other.
3. When entering or split the case prescribed in clause 1 and clause 2 of this article, the Court took the case to the decision and sent immediately for the litigants, the Procuratorate at the same level.
Chapter III BODIES CONDUCTING the PROCEEDINGS, the PROCEEDINGS are CONDUCTED and the CHANGE of the PERSON CONDUCTING the PROCEEDINGS Article 36. Bodies conducting the proceedings, the person conducting the proceedings 1. The Agency conducted administrative procedure include: a) the Court;
b) Procurator.
2. The person who conducts the administrative proceedings include: a) the Chief Justice of the Court, the judge, jurors, Inquisitor, court clerk;
b) Minister Prosecutor, Prosecutor, Inspector.
Article 37. The duties and powers of the Chief Justice of the Court 1. Chief Justice of the Court of the duty, the following powers: a) the Organization of the work of resolving the jurisdiction of administrative courts; ensure implementation of the principle of judges, people's assessors independent trial and only obey the law;
b) decide the assignment judge of the case, the people's assessors participate in the trial of administrative cases; assigned to Inquisitor, Secretary to the court proceedings are conducted for the case the Administration secured the principle stipulated in article 14 of this law;
c) decided to change the judges and people's assessors, Secretary to the Court before the Court;
d) decided to change the examiner, the translator before opening the trial;
DD) decisions and conduct administrative proceedings;
e) protest under procedure of Cassation, retrial verdict, the decision has force of law court or petition the Chief Justice the Court has jurisdiction to consider the appeal under the procedure of Cassation, retrial verdict, the decision has force of law court;
g) complaints, accusations under the provisions of this law;
h) recommendations to individual agencies have administrative documents, administrative acts are related to administrative decisions, administrative acts were initiated consideration of modification, addition or removal of text, terminate behavior that if detected signs left to the rule of law;
I) recommendations to the Agency, the individual has the authority to review, amend, supplement or annul the legal text if detected signs left with the Constitution, the law, the legal text of the Superior State organs under the provisions of this law;
k) handle acts impedes the activity of the administrative proceedings prescribed by law;
l) mission, other powers under the provisions of this law.
2. When the Chief Justice is absent, a Deputy Chief Justice is the Chief Justice mission, mandate and powers of the Chief Justice, except the right to decide on an appeal specified in point e this paragraph 1. Deputy Chief Justice is responsible before the Chief Justice about the mission, powers are delegated.
Article 38. The duties and powers of judges to be Chief Justice of the court assigned judge, have the following powers, duties: 1. Processing of the petition;
2. Establish administrative case file;
3. Verify, document and evidence gathering; the trial, held the session to resolve the case the administration under the provisions of this law;
4. Decides to apply, change, cancellation of provisional measures;
5. The decision to suspend or temporarily suspended, the decision to continue giving out administrative cases solved;
6. Interpretation, guidance for litigants to know they made the right to legal assistance requests under the provisions of the legislation on legal aid;
7. Conduct the session examine the hand, approach, publicly the evidence and dialogue under the provisions of this law;
8. The decision to take the case to the administration of the trial;
9. Convening the trial participants, the session;
10. Requests bodies, organizations and individuals to provide documents, evidence or verify, document and evidence collected under the provisions of this law;
11. To preside or participate in the trial of administrative cases; vote on the issues under the jurisdiction of the Board of review;
12. The review of the legality of administrative documents, administrative acts are related to administrative decisions, administrative acts being sued and suggest Chief Justice Court petition with the Agency, the individual has the authority to review the administrative documents, administrative acts which under the provisions of the law;
13. Discovery and suggest Chief Justice Court petition with the competent authorities consider, amend, supplement or annul the legal text with signs contrary to the Constitution, the law, the legal text of the Superior State organs under the provisions of this law;
14. Handle acts impedes the activity of the administrative proceedings prescribed by law;
15. Implementation of other rights, duties under the provisions of this law.
Article 39. The duties and powers of the people's assessors to be Chief Justice of the court assigned to the people's assessors, have the following powers, duties: 1. to study the case file;
2. Suggest Chief Justice Court, the judge was assigned to solve the case of the administrative decision-making required in the jurisdiction;
3. Join the Board of review of administrative cases;
4. Conduct of the proceedings and the right horizontal with the judge when voting the matters under the jurisdiction of the Board of review.
Article 40. The duties and powers of the Inquisitor to be Chief Justice of the court assigned, Inquisitor has the following powers, duties: 1. Verify the administrative case file that the judgment, the Court's decision was in effect the laws need reconsideration under procedure of Cassation, retrial;
2. conclusion of the investigation and reporting of results assessment, propose resolving the Administration with Chief Justice of the Court;
3. documentary evidence collected under the provisions of this law;
4. Perform other duties and powers as specified by this law.
Article 41. The duties and powers of the Secretary to the Court when it was assigned to the court clerk, the mission, the following powers: 1. Prepare the necessary task before the opening of the trial;
2. Common rules and Court;
3. Examine and report to the Board of review list who was summoned to the court session;
4. Record the trial, minutes of the session, report on the testimony of a participant in the proceedings;
5. Perform other duties and powers as specified by this law.
Article 42. The duties and powers of Minister the Prosecutor 1. When done the Prosecutor comply with law in administrative litigation activity, the Minister responsible, the Prosecutor has the following powers: a) organized and directed the Prosecutor comply with law in administrative litigation activities;
b) decision assigned Prosecutor made the Prosecutor comply with law in administrative litigation activities, participating in the trial, the trial of the case the administration under the provisions of this Act and inform the Court know; Check assignment staff conducted the proceedings with respect to administrative cases ensure the right principles in accordance with article 14 of this law;
c) decide to change, check;
d) protest under procedure of Cassation, appeal, retrial verdict, the decision of the Court under the provisions of this law;
DD) requirements and recommendations according to the provisions of this law;
e) complaints, accusations under the provisions of this law;
g) perform other duties and powers as specified by this law.
2. When a Minister is absent, a Deputy Head of Institute mission, mandate and powers of the Director, except for the right to decide on an appeal specified in point d of paragraph 1 of this article. Deputy Director responsible to the head of mission, powers are delegated.
43 things. The duties and powers of the Prosecutor

When Minister prosecutor assigned to perform the Prosecutor comply with law in administrative litigation activity, the Prosecutor has the task, the following rights: 1. the Prosecutor returned the petition;
2. The Prosecutor the accepting, resolving;
3. Study the case file; to verify, collect documentary evidence prescribed in paragraph 84 of this Law Article 6;
4. Join the trial, session and statements of opinion of the prosecutor about the case under the provisions of this law;
5. The Prosecutor's judgment, the decision of the Court;
6. Requests, Petitions the Court carrying the proceedings under the provisions of this law;
7. Propose to the Minister the Prosecutor has the right to protest the verdict, the decision of the Court to have breached the law;
8. active Prosecutor in proceedings of the participants in the proceedings; requirements, recommendations, the Agency held strict processing authority who join the proceedings violate the law;
9. Perform other duties and powers prescribed by this law.
Article 44. The duties and powers of inspection staff When assigned, check the members have the following duties and powers: 1. to study the case file, report the results to the Prosecutor;
2. Establishment of administrative case Prosecutor as assigned by the Prosecutor or Minister the Prosecutor;
3. Help the Prosecutor Prosecutor obeys the law according to the provisions of this law.
Article 45. The case must reject or change the person conducting the proceedings Who conducted the proceedings to refuse to conduct the proceedings or altered if in one of the following cases: 1. simultaneously is privy, representatives, relatives of litigants;
2. Has been involved with the protection of the legitimate rights and interests of litigants, witnesses, the examiner, an interpreter in the same case;
3. Participated in the administrative decision or are related to administrative acts were initiated;
4. Has been involved in the decision to settle complaints against administrative decisions, administrative acts were initiated;
5. Has been involved in the decision to discipline public officials fired or was involved in the decision to appeal against the disciplinary decision fired civil servants being litigated;
6. Has been involved in the decision to handle the case competition, decided to settle complaints about the decision to handle competition cases being litigated;
7. Has participated in the establishment of the list of voters to be litigated;
8. clear base that they can not indifferent while on duty.
Article 46. The case of the judge, the jurors to refuse to conduct the proceedings or altered people's jurors, the judge must refuse to conduct the proceedings or altered if in one of the following cases: 1. In one of the cases specified in article 45 of this law;
2. They in a trial and is loved like together; in this case, only one person is conducting the proceedings;
3. They took part of the case that under the administrative procedures at first instance, appellate, cassation or retrial and issued the judgment at first instance; the judgment of the appellate decision; the decision of Cassation or retrial and decided to suspend the case, decided to recognize the results of the dialogue, except where a member of the Council of judges of the Supreme People's Court, court judges Commission senior people be involved in judging the case that under the procedure of Cassation , a retrial;
4. They were the conduct of the proceedings in that case as the Inquisitor, the Secretary of the Court, the Prosecutor, Inspector.
Article 47. The case the court clerk, the Inquisitor must refuse to conduct the proceedings or changed court clerk, Inquisitor must refuse to conduct the proceedings or altered if in one of the following cases: 1. In one of the cases specified in article 45 of this law;
2. Did the conduct of the proceedings in that case as the judge, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector;
3. Is loved like one of those other proceedings in the case.
Article 48. The procedure refuses to conduct the proceedings or recommend changes to the judge, jurors, Inquisitor, Secretary of the Court 1. Refusal to conduct the proceedings or recommend changes to the judge, jurors, Inquisitor, Secretary to the Court before the Court must be made in writing, which stated the reasons and grounds of the proceeding or rejection of the proposal to change the conduct of the proceedings.
2. The refusal to conduct the proceedings or recommend changes to those specified in paragraph 1 of this article at the trial must be recorded in the minutes of the trial.
Article 49. Decide the change of judges, jurors, Inquisitor, Secretary of the Court 1. Before the opening of the trial, the change of judges, jurors, Inquisitor, Secretary to the Court by the Chief Justice of the Court decision.
The case judge is changed is the Chief Justice of the court resolves the following: a) the judge is Chief Justice of the District Court by the Chief Justice of the provincial court decision;
b) judge is Chief Justice of the provincial court by the Chief Justice of the high people's Court has jurisdiction under the territory for province-level courts that decide;
c) judge is Chief Justice of the high people's Court by the Chief Justice of the Supreme People's Court decision.
2. At trial, the change of judges, jurors, court clerk because of trial decision after listening to the opinions of the people being asked to change. Trial discussion at the deliberation and decision by the majority. The case to change the judge, jurors, court clerk without the attendees physically replace immediately the trial decision adjourned the trial. The Chief Justice the Court decision sent judges, jurors, court Secretary replacing the altered; If the person is changed is the Chief Justice of the Court, the Authority decided to be made according to the provisions in clause 1 of this article.
3. within 5 working days from the date the postponed the trial, Chief Justice of the Court must send another alternative.
Article 50. The case Prosecutor, inspector must refuse to conduct the proceedings or is changed, check Member to refuse to conduct the proceedings or altered if in one of the following cases: 1. In one of the cases specified in article 45 of this law;
2. Did the conduct of the proceedings in that case as the judge, jurors, Inquisitor, clerk of court, Prosecutor, examining the case.
Article 51. The procedure refuses to conduct the proceedings or recommend changes, check the Member 1. Refusal to conduct the proceedings or recommend changing the Prosecutor before the Court must be made in writing, which stated the reasons and grounds of the rejection or suggest changes.
Refusal to conduct the proceedings or recommend changes to check the Member must be made in writing, which stated the reasons and grounds of the rejection or recommended changes to the test.
2. The refusal to conduct the proceedings or recommend changing the Prosecutor at the trial must be recorded in the minutes of the trial.
Article 52. The decision to change, check the Member 1. Before opening the trial, Prosecutor changes due to Minister the Prosecutor the same level decisions; If the Prosecutor is being changed by the Procuracy Institute Chief Minister the superior prosecutor directly decided.
The Inspector changes due to Minister the Prosecutor the same level decisions.
2. At trial, the Prosecutor changed due to trial the decision after listening to the opinions of the people being asked to change. Trial discussion at the deliberation and decision by the majority.
The case, the Prosecutor had changed the trial decision adjourned the trial. The election of the replacement Prosecutor prosecutor changed due to Minister the Prosecutor the same level decisions; If the Prosecutor is being changed by the Procuracy Institute Chief Minister the superior prosecutor directly decided.
3. within 3 working days from the date the postponed trial, Minister Prosecutor must send another alternative and notified in writing to the Court.
Chapter IV PARTICIPANTS in PROCEEDINGS, the RIGHTS and OBLIGATIONS of PARTICIPANTS in PROCEEDINGS Article 53. The participants in the proceedings Who participated in the administrative proceeding including the litigants, the representative of the litigants, who protected the legitimate rights and interests of litigants, witnesses, the examiner, translator.
Article 54. The capacity of the law on administrative proceedings, and the capacity of administrative proceedings acts equivalent to the 1. The capacity of the administrative proceedings law is likely to have the rights, the obligation of the administrative proceedings prescribed by law. All agencies, organizations, individuals have the capacity of administrative litigation law alike in the ask the Court to protect the rights and legitimate interests.
2. The capacity of administrative proceedings acts as himself performing rights, obligations in administrative proceedings or authorize the representative participated in the administrative proceeding.
3. Privy is enough people from eighteen years of age have full capacity in administrative proceedings acts, except for the loss of the capacity for civil acts or the law otherwise.
For the person with limited capacity for civil acts, who have difficulties in cognitive, behavioural mastery, the capacity of administrative proceedings of the behavior they are determined at the discretion of the Court.
4. Litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts or who have difficulties in cognitive, behavioural mastery done right, obligation of litigants in administrative litigation through legal representative.
5. Privy is the Agency, held rights, obligations in administrative litigation through legal representative.
Article 55. Rights, obligations of litigants litigants have a right, obligation to peer when participating in the proceedings, including: 1. Respect the Court, accepted the trial rules;
2. An advance payment of court fees, court fees, fees and other litigation expenses under the provisions of the law;
3. Hold, change, addition or withdrawal request;

4. Provide complete, correct address of residence, his Office; during the court case if there is a change of address, residence, Head Office, they must promptly inform other litigants and the courts;
5. Provide documentation, evidence, proof to protect the rights and legitimate interests;
6. Requests bodies, organizations, individuals are kept, document management, document provided evidence, that evidence for her to deliver to the Court;
7. the proposed court to verify, collect documents and evidence of the case that was not his own; suggest the Court forced the other litigant party to produce documents and evidence that they are kept, manage; suggested the Court decision forced the agencies, organizations, individuals are kept, manage evidence provide evidence; suggest the Court summoned witnesses, referendum, property valuation;
8. Known, recorded and copies of documents and evidence presented by other litigants or by the Court, unless the collection of documents, evidence is not publicly available as specified in paragraph 2 of this law, 96;
9. Submit a copy of the petition and the documents and evidence for the Court to send to court other litigants or legal representative of the other, except for documents, the evidence is not publicly available as specified in paragraph 2 of this law, 96;
10. Recommends the application of the Court decision, change, cancellation of provisional measures;
11. Recommendations the Court held the session examined the hand, approach, publicly the evidence, and to join the session in the court process to settle the case;
12. Receive valid notifications to perform his obligations, rights;
13. self protection, thanks to the Attorney or other person to protect the rights, legitimate interests for themselves;
14. Request to change the conduct of the proceedings, the participants in the proceedings;
15. trial participants, the session;
16. To be present according to the summons of the Court and accept the decision of the Court during the court case;
17. Recommended the court give people have rights, obligations relating to participate in the proceedings;
18. Recommends the Court temporarily suspended the case;
19. Given the question with others about issues related to the case or to propose to the Court the issue should ask with others; be confront with each other or with witnesses;
20. the debate at the trial, given the arguments about the evidence and the applicable legislation;
21. Be given excerpts of judgment, the decision of the Court;
22. claims appeal the verdict, the decision of the Court;
23 recommendations people have the right to protest under procedure of Cassation, retrial verdict, the decision of the Court has legal effect;
24. Accepted the verdict, the decision of the Court has legal effect;
25. Using the rights of the litigants a goodwill way, not be abused to interrupt the operation of the court proceedings, other litigants;
26. Rights, obligations under the provisions of the law.
Article 56. Rights, obligations of the petitioner petitioner has the right to, the following obligations: 1. The rights, the obligations specified in article 55 of this law;
2. Change the content required to sue, if time still; withdraw part or all of the requirements to sue.
Article 57. Rights, the obligation of the person sued petitioned to have those rights, the following obligations: 1. The rights, the obligations specified in article 55 of this law;
2. To be informed of the Court being sued;
3. Prove the correctness, legality of administrative decisions, administrative acts were initiated;
4. Modification or cancellation of administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters to be litigated; stop, overcome the administrative acts were litigated.
Article 58. Rights, the obligation of the person having the rights, the obligations involved 1. People have rights, obligations can have independent inquiries, proceedings to sue or side with the party being sued.
2. People who have rights, obligations relating to independent requirements shall have the right, the duty of the petitioner stipulated in article 56 of this law.
3. People have the rights, obligation, if relevant proceedings to sue the party or just have the rights you have the right, the obligation stipulated in article 55 of this law.
4. People who have rights, related obligations if proceedings with the parties being sued or only obligation shall have the right, the obligation prescribed in clause 1 and clause 2 of this Law 57.
Article 59. Inheritance rights, the obligation of the administrative proceedings 1. The case of the petitioner is dead that personal rights, obligations of that person are inherited, then the heirs involved in the proceedings.
2. where the petitioner is being held, the Agency merged, merged, split, split the Agency, organization, or individual inheritance rights, the obligation of the former organization, the Agency made the right, the obligation of the Agency's proceedings, held it.
3. where the person being sued is the authority in the Agency, that agency organization, organizations that merged, merged, split, split it assumed, the obligation of the person taking the proceedings.
The case of the person being sued is the authority in the Agency, held that title that is no longer the head of the Agency, the organization that made the right, the obligation of the person being sued.
4. where the person being sued is the body, the Organization was incorporated, merger, split, split the Agency, the successor organization to the right, the obligation of the former organization, the Agency made the right, the obligation of the Agency's proceedings, held it.
The case of the person being sued is the body, the Organization has been dissolved without successor rights, obligations, the organs, the superior organization made the right, the obligation of the person being sued.
5. in case of merger, split, split, adjust the administrative boundary in an administrative unit that the object of the administrative decision to change the authorities, organizations, individuals have the administrative decision is responsible for joining in the proceedings as the person being sued in court where the Agency , organization, individual administrative decision being sued. The agency receiving the object of administrative decisions be sued to join the proceedings as a person of interest, related obligations.
6. The inheritance rights, the obligation of the proceedings can be accepted in any Court of any stage in the process of resolving administrative.
Article 60. Representative 1. The representative of the administrative proceedings include the legal representative and authorized representative.
2. legal representation in administrative proceedings can be one of the following, except where that person is restricted the right of representation under the provisions of the law: a) the father, mother for a minor child;
b) guardian for the person to be guardian;
c) Who was court-appointed to the limited capacity for civil acts; people who have difficulty in cognitive, behavioural mastery;
d) the head of the Agency, held by the appointed or elected in accordance with the law;
DD) others under the provisions of the law.
3. authorized representative in administrative proceedings must have the capacity for civil acts in full, was privy to or legal representative of the authority in writing.
The case of the household, group collaboration, other organizations have no legal personality administrative proceedings, the members may authorize a member or other person representing the administrative proceedings.
The case of the person being sued is the body, organization or agency heads, the Organization sued only authorized his Deputy Representative for granted. Who is authorized to engage in the process to solve the whole case, full implementation of the rights and obligations of the person sued under the provisions of this law.
4. The representative under the law, the authorized representative in this administrative proceeding terminated the representation under the provisions of the civil code.
5. legal representation in administrative proceedings done right, the obligation of the administrative proceedings litigant he is represented.
Authorized representative in this administrative proceeding done right, the obligation of the administrative litigation of the authorized person. Authorized users are not authorized to leave for a third.
6. The following persons are not representative: a) If they are involved in the same case with the person represented that the legitimate rights and interests of their opposition to the legitimate rights and interests of the person represented;
b) If they are represented in the administrative proceedings for a other litigants that the legitimate rights and interests of litigants that opposition to the legitimate rights and interests of the person to be represented in the same case.
7. public officers in the jurisdictions, the Procurator, the Ombudsman, the implementation of projects; public servants, officers, non-commissioned officers in the police was not as represented in the administrative proceeding, unless they participate in the proceedings as the representative for their agency or as legal representative.
Article 61. The protection of the legitimate rights and interests of litigants 1. The protection of the legitimate rights and interests of litigants are participants in the proceedings to protect the rights and legitimate interests of litigants.
2. The following persons made the protection of the legitimate rights and interests of litigants as requested by litigants and Court registration procedure, the protection of the legitimate rights and interests of litigants: a) lawyers involved in proceedings under the provisions of the law on lawyers;
b) help members or participants of legal aid under the provisions of the legislation on legal aid;
c) Vietnam citizens have civil behavior capability full, legal knowledge, have not been convicted or sentenced but was deleted projects, in case of being measures of administrative processing, not the officers, servants in court bodies, Procuracy Inspection, enforcement of judgments; public servants, officers, non-commissioned officers in the public safety sector. 3. The protection of the legitimate rights and interests of litigants can protect the legitimate rights and interests of many litigants in the same case, if the legal rights and interests of those that are not in opposition to each other. Many people defend the legitimate rights and interests of litigants can jointly safeguard the legitimate rights and interests of a litigant in the case.

4. When the Court suggested procedures for registering people who protect the legitimate rights and interests of litigants, the proposal must present the following documents: a) lawyer shall produce the documents prescribed in paragraph 2 of article 27 of law attorneys;
b) help the legal officer or legal help participants produce election documents the implementation of the Organization's legal help make legal assistance and legal aid staff card or cards lawyer;
c) Vietnam citizens eligible specified in point c paragraph 2 this certificate request by litigants and identification.
5. after checking the papers and seen people suggest that qualify as legitimate rights and interests of litigants to the provisions in clause 2, 3 and 4 of this Article shall within 10 working days of receiving the proposal, the Court is on the registry who protected the legitimate rights and interests of litigants and confirmed on paper love the protection of the legitimate rights and interests of litigants. The case refused to sign, the Court must be informed in writing and stating the reason for the proposal.
6. The protection of the legitimate rights and interests of litigants have the right to, the following obligations: a) to participate in the proceedings from the petitioner or any stage in the process of administrative proceedings;
b) collect documentary evidence and provide documents and evidence for the Court, study the case file and recorded, copy the necessary documents in the case to protect the legitimate rights and interests of litigants, except for documents, the evidence is not publicly available as specified in paragraph 2 of this law, 96;
c) to join the trial session, or in the case of non-participation, then sent the text to protect the legitimate rights and interests of litigants to court review;
d) on behalf of litigants ask to change the conduct of the proceedings, participants in other proceedings under the provisions of this law;
DD) Helps litigants legally related to the protection of the rights and legitimate interests; on behalf of litigants receive papers, proceedings that the court documents served or notified in case be privy authority and responsibility transferred to the litigants;
e) rights, the obligation specified in clause 1, 6, 9, 16, 19 and 20 Article 55 of this law;
g) rights, other obligations prescribed by law.
Article 62. Witnesses 1. Witnesses who know the details related to the contents of the case are privy to recommendations and the Court summoned to participate in the proceedings. Who lost the capacity for civil acts could not be witnesses.
2. Witnesses have the right to, the following obligations: a) provide all information, documents, objects that have been related to the resolution of the case;
b) declare truthfully the details that I know are related to the settlement of the case;
c) responsible before the law for his report, compensation for damage caused by false statement damaging litigants or to others;
d) Must be present in the Court and in the trial under a court summons if the testimony of the witnesses should be made in court, at the trial; case the witnesses do not come to the trial without good reason and the absence of them obstructing the trial, the trial could decide the tournament lead witness to the trial;
DD) warrant before the Court on the implementation of the rights, obligations, unless witnesses are minors;
e) Was refusing if his testimony related to State secrets, confidentiality, trade secrets, personal secrets or declaring it bad, detrimental to litigants who have a relative with himself;
g) Was retired during the court summons or testimony;
h) Be the payment of relevant fees prescribed by law;
I) requires the Court was convened, the competent State bodies to protect life, health, honour, dignity, property, other legitimate rights and interests when participating in the proceedings;
k) the complaint proceedings acts, accusations of violations of the laws of the bodies conducting the proceedings, the proceedings are conducted.
Article 63. The examiner 1. The examiner has the knowledge, the experience required under the provisions of the law on the field object should be assessed, is the equivalent of the party to the agreement or option was the Court requisition to judge it at the request of a party or Privy.
2. The examiner has the right, the following obligations: a) reading material in the case file concerning examination object; ask the Court to provide the documentation necessary for the inspection;
b) ask for the participants in the proceedings about the problems related to the examiner objects;
c) available according to the summons of the Court, to answer the problems related to the assessment;
d) notice in writing to the Court about the examiner could not be due to the need of expertise beyond the professional ability; the document provides for insufficient assessment or unusable;
DD) preservation of documents received and sent back court with the conclusion or assessment together with the notice of assessment was not possible;
e) are not themselves collect the document examiner, the object is in contact with those involved in other proceedings if the exposure that affects the results of the assessment; not to disclose confidential information which I know when conducting the assessment or examination results notice to another person, unless the person has decided on Chief;
g) independently concluding assessment; conclusion the assessment honest, well-grounded;
h) paid the fee prescribed by law;
I) complained before the Court on the implementation of rights, obligations.
3. The examiner must refuse or are changed in the following cases: a) is privy, representatives, relatives of litigants;
b) has joined the proceedings as the protection of the legitimate rights and interests of litigants, witnesses, an interpreter in the same case;
c) performed the assessment with respect to the same subject need examination in the same case;
d) had conducted the proceedings in that case as the judge, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector;
clear base) that they may not be impartial while on duty.
Article 64. Translator 1. Translator is able to translate from one language to another Vietnamese place and vice versa in the case of participants in the proceedings are not to be used for Vietnamese. Translator be a equivalent-choice party or parties privy to the Agreement option and are accepted or court is the Court required to translate.
People know the word of the disabled look or who know the language, listening and speaking, the symbol of disabled people disabled people, listening, talking is also considered an interpreter.
Case only the representative or relatives of disabled people disabled people look or listen, the disabled say knowing the language, symbols, the representative or relatives likes can be accepted as court interpreter for the disabled.
2. Translator has the right to, the following obligations: a) to be present according to the summons of the Court;
b) translated honestly, objectively, meanings;
c) suggest the person conducting the proceedings, the proceedings participants explain more words that need translation;
d) Not be in contact with those involved in the other proceedings if the exposure that affects the integrity, objectivity, proper translation;
DD) paid the fee prescribed by law;
e) complained before the Court on the implementation of rights, obligations.
3. Translator is refused or is changed in the following cases: a) is privy, representatives, relatives of litigants;
b) has joined the proceedings as the protection of the legitimate rights and interests of litigants, witnesses, the judge in the same case;
c) had conducted the proceedings in that case as the judge, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector;
d clear base) that they may not be impartial while on duty.
Article 65. Procedure for refusal the examiner, translator or suggest changes to the examiner, the interpretation 1. Before opening the trial, rejecting the examiner, translator or suggest changes to the examiner, the translation must be made in writing and stating the reasons for the rejection or recommended changes; the change of the examiner, who translated by the Chief Justice of the Court decision.
2. At trial, the examiner refused, translator or suggest changes to the examiner, the translator must be recorded in the minutes of the trial; the change of the examiner, the interpretation by the Board of review decisions after listening to the opinions of the people being asked to change.
Chapter V PROVISIONAL MEASURES in Article 66. Right to apply provisional measures 1. In the course of the case, litigants, who represented litigants have the right to ask the courts are resolving it applies one or more provisional measures prescribed in article 68 of this law to temporarily solve the urgent request of the litigants, protect the evidence existing status preserved, avoid causing irreparable damage, ensure the resolution of the case or the enforcement of the judgment.
2. The case due to the emergency situation, the need to protect the right evidence, prevent serious consequences can occur, the agencies, organizations, individuals have the right to petition the competent court decides to apply provisional measures prescribed in article 68 of this law simultaneously with the submission of the petition to the Court.
3. The request to apply the provisional measures not taken measures to insure.
Article 67. The Authority decided to apply, change, cancellation of provisional measures 1. The application, changes, cancellation of provisional measures before opening the trial by a judge to review the decision.

2. Adopting, change, cancellation of provisional remedies in the trial because the trial to review the decision.
Article 68. Provisional measures 1. To temporarily suspend the enforcement of administrative decisions, disciplinary dismissal, the decision to handle the case competition.
2. Pause the execution of administrative behavior.
3. Prohibit or enforce certain behavior.
Article 69. To temporarily suspend the enforcement of administrative decisions, disciplinary dismissal, the decision to handle the case competition to temporarily suspend the enforcement of administrative decisions, disciplinary dismissal, the decision to handle the case of competition be applied if in the process of resolving the base implementation decisions that will lead to serious consequences not able to fix.
Article 70. Pause the execution of administrative acts to pause the execution of administrative acts to be applied if there is evidence that the continued implementation of administrative behavior will lead to serious consequences could not overcome.
Article 71. Prohibit or enforce certain Prohibited acts or enforce certain behavior applies if in the process of resolving the base that the litigants have done or not done certain acts do not affect the case or the rights, legitimate interests of others involved in the case being resolved Court.
Article 72. Responsible for the requirement, imposed provisional measures 1. Litigants asked the Court decision applied provisional measures must be responsible before the law for his request, if the damage is compensated according to the provisions of the law.
2. The Court applied provisional measures do not require litigants that cause damage to the person is applying provisional measures or cause damage to a third party, then the Court must compensate.
3. The Court applied provisional measures do not correct the time limit prescribed by the law or fail to apply provisional measures without justifiable reason, cause damage to people who require emergency measures, the Court temporarily to compensate.
4. The compensation of damage as specified in paragraph 2 and paragraph 3 of this article is made according to the provisions of the law of the State compensation liability.
Article 73. Procedure to apply provisional measures 1. Who asked the Court to apply provisional measures must submit to the competent court material evidence to prove the need to apply provisional measures.
2. The petition to adopt provisional measures must have the following major contents: a) the day, month, year written single;
b Name, address); phone number, fax, e-mail address (if any) of the person requesting to apply provisional measures;
c) name, address; phone number, fax, e-mail address (if any) of the person being asked to apply provisional measures;
d) summary decision administrative, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition or administrative acts were initiated;
DD) reasons need to apply provisional measures;
e) provisional measures should be applied and the specific requirements.
3. for the case ask to apply provisional measures prescribed in clause 1 Article 66 of this law, the judge assigned the case to consider, resolve. Within 48 hours from the time of receipt of the petition, the judge must make a decision to apply provisional measures; the case did not accept the request, the judge must inform, in writing and stating the reason for the request, the Procuratorate at the same level.
The case of the trial received the petition to adopt provisional measures at the trial, the trial to consider the decision to adopt provisional measures; the case did not accept the request, the trial notice, stating the reason for the request and recorded on the minutes of the trial.
4. for the cases required to apply provisional measures prescribed in clause 2 of this Law 66, then after receiving the petition along with the petition and attached documents and evidence, Chief Justice of the Court to appoint a judge accepting the settlement petition. Within 48 hours from the time of receiving the petition, the judge must review and the decision to apply provisional measures; If it does not accept the request, the judge must inform, in writing and stating the reason for the request, the Procuratorate at the same level.
Article 74. Change, cancel the provisional measures 1. At the request of the litigants, the Court considered, decided to change the provisional measures being applied when it deems no longer fits that need to change by other provisional measures.
2. The Court decision to cancel the provisional measures have been applied when in one of the following cases: a) the requesting measures proposed provisional cancellation of provisional measures have been applied;
b) grounds of the application of provisional measures no longer;
c) case was resolved by the judgment, the Court's decision has legal effect;
d) cases the Court returned the petition under the provisions of this law;
DD) of the case be suspended according to the provisions of article 143 of this Act.
3. The procedure of change, cancellation of provisional measures be taken according to the provisions of article 73 of this law.
Article 75. The effect of the decision to apply, change, cancellation of provisional measures 1. The decision to apply, change, cancellation of provisional measures are enforceable immediately.
2. The Court must grant or send immediately decided to apply, change, cancellation of provisional measures for the litigants, the Procuratorate at the same level and civil enforcement agency at the same level.
Article 76. Complaints, suggestions, changes, cancellation of provisional measures 1. Litigants have the right to appeal, the Procurator has the right to petition to the Chief Justice of the Court is to resolve the case of the decision to apply, change, cancellation of provisional measures or the judges decision not to apply, change, cancellation of provisional measures. Time limit complaints, Petitions is 3 working days from the date of the decision to apply, change, cancellation of provisional measures or the judge's announcement about the decision not to apply, change, cancellation of provisional measures.
2. At trial, litigants have the right to appeal, the Procurator has the right to propose to the Board of review on the application, changes, cancellation of provisional measures or do not apply, change, cancellation of provisional measures.
Article 77. To resolve a complaint, the recommendations apply, change, cancellation of provisional measures 1. The Chief Justice the Court must consider, appeal, petition clause 1 Article 76 of this law within 3 working days of receiving the complaint, petition.
2. The decision to resolve the complaint, the recommendations of Chief Justice of the Court is final and must be given or sent immediately for the litigants, the Procuratorate at the same level and civil enforcement agency at the same level.
3. The resolution of complaints, petitions in a court under the jurisdiction of the Board of review. Decision on complaint resolution, the recommendations of the Board of review is the final decision.
Chapter VI the PROOF and EVIDENCE Article 78. The obligation to provide evidence, proof in administrative proceedings 1. The petitioner has the obligation to provide a copy of the administrative decision or disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the stars decided to resolve complaints (if any), to provide other evidence in order to protect the rights, legitimate interests; the case does not provide is the right reason.
2. The person being sued is obliged to provide to the court complaints records (if applicable) and a copy of the text, documents which base on which to administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition or administrative acts.
3. People have rights, obligations in relation the obligation to provide the evidence to protect the rights, legitimate interests.
Article 79. Details, facts not proven 1. The following events are not proven: a) details, the clear event that everyone knows and admits to court;
b) details, events have been identified in the judgment, the Court's decision has legal effect;
c) details, events have been recorded in writing and be notarized, legal endorsement; where there is doubt about the authenticity of the details, events in this text, the judge may request the Agency individual organizations have provided, delivered the text present the original text, original.
2. A party litigant admitted or no objection those details, events, documents, writing that the party giving to the other litigants, the litigant parties giving details, events, documents, documents that are not proven. Litigants have a representative participate in the proceedings, then the acknowledgment or no objection of the representative is regarded as recognition of litigants if not exceed the scope of representation.
Article 80. Evidence evidence in the case is what has really been privy, agency, organization, on the other hand, personally presented to the Court in the course of the proceedings or the Court collected in sequence, the procedure prescribed by this law, which the Court used as a base to determine the details of the case as well as define the requirements or the opposition of the Privy is based and legally.
Article 81. Sources of evidence and evidence was collected from the following sources: 1. The document read, hear, see, electronic data;
2. Physical evidence;
3. Testimonies of litigants;
4. The testimony of witnesses;
5. Concluding assessment;
6. Record the results on the spot appraisal;
7. Valuation, valuation of assets;
8. Documents confirming the event, legal behavior by people with functions;
9. certified documents, testimonials;
10. Other sources as provided by law.
Article 82. Identify evidence

1. read the documentation to be considered evidence, if is the original or a copy, certified by the agency or the competent organization, supply, endorse.
2. A document hearing, looked to be considered if evidence be presented accompanied by the text presented by the person who has that document about the origin of the document if they self recorded, videotaped or written confirmation of the person who has provided the present about the origin of that document or writing on the work related to the recording , record it.
3. electronic data message is expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telephone, fax and other similar forms in accordance with the legislation on electronic transactions.
4. Physical evidence is the evidence must be original artifacts related to the incident.
5. Testimony of litigants, the testimony of the witnesses was considered evidence if recorded in writing, tape recorders, disc recorders, tape, disk, other devices sound archives, images as defined in paragraph 2 of this Article or by testimony at the trial.
6. The conclusion was regarded as evidence if the assessment which was conducted according to the procedure prescribed by law.
7. Record the result on the spot evaluation considered the evidence if the evaluation is conducted according to the procedure prescribed by law.
8. The results of valuation, valuation of assets is considered as evidence if the valuation, valuation is conducted according to the procedure prescribed by law.
9. Documents confirming the event, legal behavior by people with functions in place are considered evidence if the documents confirming the event, legal acts are conducted according to the procedure prescribed by law.
10. Other sources according to the provisions of the law are defined as evidence.
Article 83. Deliver documents and evidence 1. During the court case, litigants have the right and obligation to provide documents and evidence for the Court; If litigants are not filed or filed incomplete documentation and evidence required by the Court without good reason, the Court based on the documents, evidence that litigants have delivered and the Court has collected according to the provisions in paragraph 2 of this Law 84 Thing to solve the case.
2. The Privy Affairs filed the documents and evidence for the Court to be established thereon. In the minutes must specify the name, the form, content, characteristics of the materials and evidence; the number of copies, number of pages of documents, evidence and time; the signature or just of the hand, the recipient's signature and the seal of the Court. The minutes are made in two copies, one copy saved on administrative case file and a copy delivered to the litigants filed the documents and evidence.
3. Privy Affairs submitted to the court documents, evidence by ethnic minorities, foreign language must be accompanied by Vietnamese translations be notarized, certified legal.
4. delivery time filed documents, evidence by the judge assigned the case posited but not too the time limit for pretrial preparation according to the procedure of first instance specified in article 130 of this law.
5. Documented cases, evidence has been delivered yet secure enough base to solve the case, the judge asked litigants filed additional documents delivery, evidence.
6. where the litigants could not himself collected documents, evidence and require or deem it necessary, the Court may entrust the conduct themselves or verify, gather documents and evidence to clarify the details of the case.
Article 84. To verify, collect documentary evidence 1. Litigants have the right to collect evidence themselves by the following measures: a) collects the document read, hear, see, electronic data message;
b) collect evidence;
c) identifying witnesses and obtaining confirmation of the witness;
d) requires the Agency, organization or individual for copy or provide documents relevant to the resolution of the case that the Agency, organization or individual which are kept, manage;
DD) requires people's Committee of social endorsement signatures of witnesses;
e) ask the Court to collect material evidence, if litigants could not collect material evidence;
g) required the Court to decide on inspections, property valuation;
h) requires agencies, organizations and individuals who perform other work prescribed by the law.
2. in the cases specified by this Act, the judge may conduct one or more of the following remedies to collect the documents and evidence: a) testimony of the litigants, witnesses;
b) For substances between the litigants together, between the litigants with witnesses;
c) consider, on the spot appraisal;
d) examiner referendum;
DD) property valuation decisions;
e) entrust the collecting, verifying documents and evidence;
g) requires agencies, organizations and individuals to provide documents to read, hear, see or other artifacts related to the resolution of the case;
h) other measures according to the provisions of this law.
3. When conducting the measures prescribed in points c, d, e, f and g of paragraph 2 of this article, the judge must decide, which stated the reason and the Tribunal's request.
4. During the stage of Cassation, retrial, the Inquisitor can conduct evidence-gathering measures specified in point a and point g, paragraph 2 of this Article.
When Inquisitor conduct remedies prescribed in point g item 2 of this, the Court must decide, which stated the reason and the Tribunal's request.
5. within 3 working days since the date of collecting material evidence, the Court must inform the Privy to them, exercising its obligations.
6. the Procurator has the right to ask the Court to verify, document and evidence collected in the course of the case. The case of an appeal the verdict or decision of the Court under the procedure of Cassation, appeal, retrial, the Procurator can verify, gather documents and evidence to ensure the protest.
Article 85. Testimony of 1. Just judge conducting testimony of litigants when litigants have not got a testimony or a statement incomplete content, obviously. Litigants are self written affidavit and signed his name. Cases of litigants could be the judge testimony of litigants. The testimony of the Privy only to focus on details that litigants stubs are incomplete, obviously. The judge himself or the Secretary of the Court recorded testimony of litigants in the minutes. Judge the testimony of litigants in the Court House, in case of need could take the testimony of the outer Court litigants.
2. Record the testimony of litigants who must be manually read or heard read again and sign or point only. Litigants have the right to request the records amended, added to record testimony and signing or verification only points.
The minutes must be signed by the person who took the testimony, the record and the seal of the Court; If the minutes are recorded into many separate pages, they must sign each page and stamped. Case record of testimony was created outside the courthouse to have witnesses or confirmation of the people's Committee of social, public security, Ward, town or township authorities, organizations where founded thereon. Cases of litigants not literate to have witnesses because the litigants.
3. The testimony of litigants not eighteen years, people with limited capacity for civil acts or who have difficulties in cognitive, behavioural mastery must be conducted in the presence of the legal representative or the person who is performing the management, who look after it.
Article 86. Testimony of witnesses 1. At the request of the litigants or deem it necessary, the judge conducting the testimony of witnesses.
2. The procedure of obtaining the testimony of witnesses is conducted as the testimony of litigants under the provisions in article 85 of this law.
Article 87. For substances 1. At the request of the litigants or when it deems the contradictions in the testimony of litigants, witnesses, judge conducted for substances between the litigants together, between the litigants with witnesses or between those who testify against each other.
2. The respondent must be established thereon, signed or only of those involved.
Article 88. Review, evaluation in place 1. The judge conducting the review and appraisal in place with the presence of the representative of the Committee of public safety, township-level people's communes, wards and towns or agencies, held where the object needs to review, appraise; to notice the review, appraisal in place to litigants and witnesses said the review, appraisal.
2. The review, evaluators must be founded thereon. The minutes must specify a result review, appraisal, describe the scene, signed by the review, appraisal and signatures or point of only if they are present, representative of the Committee of public safety, township-level people's communes, wards and towns or agencies, held where the object should look assessment, and others are invited to participate in the review, appraisal. The minutes must be representative of the people's Committee of social, public security, Ward, town or township authorities, held where the object needs to review, appraise and sign verified seal.
3. Prohibits any acts impedes consideration, evaluation in place.
4. The judge has the power to recommend the Committee of public safety, the township-level people's communes, wards and towns where to conduct the review, appraisal support premises in case of acts impedes consideration, evaluation in place.
Article 89. Referendum required inspection, inspection 1. Litigants have the right to request the Court examiner or referendum asking yourself after the examiner has suggested the referendum Court judge but the Court denied the request of the litigants. The right to require inspections to be done before the Court decision to take the case to the first instance trial.
2. At the request of the litigants or deem it necessary, the judge decides on inspections. In the referendum decision examiner must indicate the name, address of the examiner, the examiner should object, these issues need assessment, specific requirements should be the conclusion of the examiner.

3. in case it deems the conclusion unclear at the request of the litigants or deem it necessary, the Court asked the examiner to explain the conclusion, summoned to the trial examiners to direct the presentation of relevant content.
4. At the request of the litigants or deem it necessary, the Court decision the additional assessment in the case of content-inspection conclusions unclear, incomplete or when new issues arise regarding the details of the case were concluded earlier assessment.
5. The assessment was done in the case of the base for the first assessment concluded that inaccurate, in breach of the law or in special cases, at the discretion of the head of the Supreme People's Procuratorate, the Chief Justice of the Supreme People's Court under the provisions of the law on the judicial inspection.
Article 90. Referendum examiner reported evidence is forged 1. The case is reported evidence tampering, the person giving evidence that the right to withdraw; If not retracted, the person accused has the right to request a court or the courts have the right to decide the referendum examiner as defined in Article 89 of this law.
2. in case of the fake evidence that signs of crime, the Court moved to the investigating authorities have the jurisdiction to consider under the provisions of the law on criminal proceedings.
3. The person giving evidence is conclusive is fake have to compensation under the provisions of the law if the fake evidence that cause damage to others and must bear the costs of the assessment if the Court decided the referendum examiner.
Article 91. Property valuation, valuation of property 1. Litigants have the right to offer the property price; agreement on the determination of the price of the property and provides for the Court.
2. Litigants have the right organizational options agreement valuation conducted in property valuation and appraisal results provided to the Court.
The valuation of assets is done according to the rules of the law of property valuation.
3. The Court decides property valuation and valuation of Council when in one of the following cases: a) at the request of a party or Privy;
b) litigants bring out different asset prices or no deal was the price of the property;
c) The litigants do not deal the Organization option valuation of assets;
d) the petitioner agreed to organize valuation to valuation of the property at a price higher than the market price where property valuation at the time of valuation in order to profit from any property of the State or who sued the Organization deal with valuation to valuation of the property at a price lower than the market price in order to escape avoid the responsibility for compensation for the victims or the base shows the valuation organization have violated the law when the valuation.
4. The procedures established the Council valuation is done as follows: a) valuation by the Court Council established composed of valuation Council Chairman is the financial agency representatives and members representing the relevant professional bodies. The person who conducted the proceedings in that case, the provisions of article 45 of this law joining the Council valuation.
The Council valuation valuation conducted only in the presence of the full members of the Council. Where necessary, representatives of the people's Committee of social valuation of assets where there was invited to witness the valuation. The litigants are informed in advance about the time, place of conducting appraisals, have the right to attend and statements of opinion about the pricing. The right to decide about the price for valuation of property valuation Council;
b) financial institutions and the specialized agencies concerned are responsible for the election of the Council participants and create conditions for them to do the task. Who are appointed members of the Board are responsible for valuation of participating fully in the pricing. The case of financial institutions, the specialized agencies sent participants Board evaluations the Court requires competent management authorities directed financial institutions, specialized agencies made the request of the Court. Who was sent to join the Council valuation not to participate without good reason, the Court required the agency leadership has sent participants to review pricing Council responsible, others substitute and notify the Court to continue to conduct the evaluation;
c) the valuation must be made in the minutes, in which clearly the opinions of individual members, litigants if they attend. The decision of the Council valuation must be half the total number of voting members. The Board members, litigants, who witnessed the signature thereon.
5. The valuation of assets to be done in the case of the base for the first valuation results that are not correct or does not match the market price where property valuation at the time of the case.
Article 92. Trustees gather documents and evidence 1. In the course of the case, the Court may entrust the decision to a court or another competent agency specified in clause 4 of this testimony of litigants, witnesses, review, appraisal, property valuation or other measures to collect documents evidence, to verify the details of the case.
2. in Commission decision must indicate the name, address of the petitioner, who sued and the specific task entrusted to gather documents and evidence.
3. The Court received the decision delegating responsibility to perform specific work was entrusted in the time limit of 30 days from the date of the Commission decision and announce the results in writing to the Court had decided to authorize; the case does not perform the trustee must inform, in writing and stating the reason for the Court to have the trust decision.
4. in case the collection of documents, evidence must proceed in a foreign court procedure, the trustee through the Agency of Vietnam or the competent authority of the foreign country and that of the Socialist Republic of Vietnam is a member of international treaties containing provisions on this matter or on the principle of reciprocity but not contrary to the law of Vietnam, in accordance with the law and international practices.
5. in case of not implementing the mandate as defined in paragraph 3 and paragraph 4 of this Article or have implemented the mandate but not getting the results answer the Court resolved the case on the basis of the evidence already in the record of the case.
Article 93. Ask the Agency, organization or individual to provide documents and evidence 1. Litigants have the right to request the Agency individual organizations to provide documents and evidence. When asked the Agency, organization or individual providing the documentation, evidence, the litigant must clearly document, evidence should provide reasons, required to provide documents and evidence; they, the individual's name, address, the name, address of the business, organizations are managed, stored documents, must provide evidence.
Agencies, organizations, individuals have the responsibility to provide documents and evidence for the litigant within 15 days of receiving the request; the case does not provide the answer in writing and stating the reason for the request said.
2. where the litigant has applied the measures needed to collect evidence that still can't collect, you can suggest the Court decision requires agencies, organizations, individuals are kept, document management, document supply evidence, evidence for yourself or collect documents evidence warrant for resolving administrative.
Litigants asked the Court to collect evidence, documents must specify the issue to prove; need to collect evidence; Why not collect it yourself; they, the individual's name, address, the name, address of the business, organizations are managed, stored documents, evidence needs to collect.
3. in case of request of the litigants or deem it necessary, the Court required the Agency, organization, individuals are managed, stored documents, gives his evidence.
Agencies, organizations, individuals are managed, stored documents and evidence have a responsibility to provide adequate documentary evidence as required by the Court within 15 days of receiving the request; expiry of this case that do not provide adequate documentary evidence as required by the Court, the agencies, organizations, individuals are required to answer in writing and stating the reasons for the Court. Agencies, organizations, individuals do not make requests of the Court without good reason can be dealt with under the provisions of this law and the relevant legislation. The processing responsibility for agencies, organizations, individuals are not exempt from the obligation to provide reasons for the documentation and evidence to the Court.
4. where the Procuracy has asked to provide documentary evidence, then the agencies, organizations, individuals have the responsibility to comply with the provisions of paragraph 3 of this article.
Article 94. Preservation of documents and evidence 1. Documents and evidence were filed in court, then the preservation of documents, evidence that due to the responsible court.
2. documents and evidence to be filed in court, the person who is storing the document, evidence which is responsible for preserving.
3. in case of delivery of evidence needed for the third person to preserve the judges decision and set the minutes delivered to that person to preserve. Recipients of preservation must sign the minutes, enjoy remuneration and must take responsibility for the preservation of material evidence in accordance with the law.
4. Prohibits the destruction of documents and evidence.
Article 95. Reviews of evidence 1. The evidence must be objective, comprehensive, complete and accurate.
2. The Court must evaluate each of the evidence, the connection between the evidence and affirmed the legitimacy, relevant, proven value of each evidence.
Article 96. Disclosure and use of evidence 1. All the evidence was published, and use the same publicity, except for cases stipulated in item 2 of this Article.
2. non-public content court evidence related to State secrets, Maple plain, United States of America of the nation, professional secrets, business secrets, personal secrets according to the legitimate request of the litigants but must notify litigants know the evidence that are not public.

3. The person conducting the proceedings, the proceedings are kept secret evidence in the case prescribed in clause 2 of this Article in accordance with the law.
Article 97. Protection of evidence 1. The case evidence is being destroyed, in danger of being destroyed or later can hardly be collected then the litigants have the right to petition the Court made the decision to adopt the necessary measures to preserve evidence. The Court may decide to apply one or some of the measures seal, capturing, recording, photographing, recording, restoration, examination, set the minutes and other measures.
2. in case of witnesses being threatened, control or bribed to not provide evidence or provide false evidence, then the Court has the right to force the decision threatening behavior, control or bribed to cease threatening behavior, control or suborned witnesses. The case of behavior that have signs of crime, the Court asked the Prosecutor to consider Institute of criminal liability.
Article 98. Access, exchange documents and evidence 1. Litigants have a right to know, record, copy, exchange documents and evidence by other litigants Affairs submitted to the Court or by the Court collected evidence document, except the provisions in paragraph 2 of this Law 96 Articles.
2. When litigants delivered documents and evidence for the Court shall within 5 working days they must notify the other litigants said they had delivered the documents and evidence for the Court to the other litigants to contact the Court made access to documents, evidence prescribed in clause 1 of this article.
3. within 5 working days from the day the Court collected documents, evidence, then the Court must notify litigants know so they make access to documents, evidence prescribed in clause 1 of this article.
Chapter VII, SERVED NOTICE of the PROCEEDING TEXT, Article 99. The duty levels, served or notified the court proceeding text, Procurator, civil enforcement agencies are obliged to grant, served or notice the text of the proceedings for the litigants, the participants in the proceedings and other agencies, organizations and individuals concerned according to the provisions of this law and other provisions of the relevant laws.
Article 100. The text of the proceedings must be given, served or the notice 1. Notice, summons, newspaper paper, invitation in the administrative procedure.
2. The judgment, the Court's decision.
3. decision the appeal of the Procurator; the text of the civil enforcement agency.
4. The text in other proceedings which the law has provisions to grant, served or notice.
Article 101. Those who make the grade, served or notice the text of the proceedings 1. The person conducting the proceedings, the Agency released the text of the proceedings was entrusted with the implementation of the grant, or the written notice served in the proceedings.
2. The function is served.
3. where the township-level people's Committee who participated in the proceeding resides or the Agency held where participants work when the court proceedings, the Procurator or the enforcement agency request.
4. Litigants, litigants or their representatives who protect the legitimate rights and interests of litigants in cases prescribed by this Act.
5. Employees of the postal service organizations.
6. The others under the provisions of the law.
Article 102. The method of levels, served or notice the text of the proceedings 1. Granted, the song reaches, direct message; through the postal service or third persons authorized to perform the grant, served, notice.
2. level, served, notice by electronic means at the request of the litigants or other proceedings in accordance with the law on electronic transactions.
3. To be listed publicly.
4. reporting on mass media.
5. level, served, informed by different methods according to the provisions of article 303 of this law.
Article 103. The validity of the grant, or the written notice served in the proceedings 1. The grant, served or the notice text that the proceedings be conducted pursuant to the provisions of this law shall be considered valid.
2. The person who has the obligation to implement the grant, served or notice the text of the proceedings must be made according to the provisions of this law.
Article 104. Procedures, or the written notice served in the proceedings Who made the grant, served or the notice text proceedings are directly transferred to the person to be served, or notice the text of the relevant proceedings. People are granted, served, notice or be granted authorization, song, text message the proceedings must subscribe to the minutes or the shared delivery of documents in the proceedings. Time to calculate the duration of the proceedings was the day they were granted, or a written notice served in the proceedings.
Article 105. Procedures, served or notified by electronic means the grant, served or notified by electronic means is done in accordance with the legislation on electronic transactions.
The Supreme People's Court passed this.
Article 106. Procedures, served or the notice directly to the individual 1. People are granted, served or the notice is personally, then the text of the proceedings must be delivered directly to them.
2. where the person to be served, or notice has been moved to a new residence and informed the Court of the change of place of residence, the right to grant, served or notified according to their new residence.
3. where the person to be served, or notice to refuse receipt of the text of the proceedings, the person who made the grant, served or notice must set the minutes which stated the reason for rejection, certified by the Chief City, head of Hamlet, village, Hamlet, a wholesale, phum, care (hereinafter referred to as the locality head) or the social public security representatives Ward, about the people that refused to accept the text of the proceedings.
4. where the person to be served, or the absence of the notice, the person who made the grant, served or notice delivered to relatives prefer to have full capacity for civil acts together with their place of residence or the locality head to make the newsletter and ask this person to commit to leaving the right hand to the person granted , served or notice.
The case was granted, served notice that absence or unknown time of return or unknown address, then the people who make the grant, served or notice must set the minutes about not granting, or served, certified by the Chief City or town police representatives Ward, the town; at the same time, perform the procedure listed text to be served according to the provisions of article 108 of this law.
Article 107. Procedures, served or direct notice to the Agency, the Organization was granted, served or notified bodies, the Organization of the proceedings must be delivered directly to the legal representative or the person responsible for receiving the text of the Agency, that organization and to be the people newsletter. The case Agency, the Organization was granted, served or have a representative attend the proceedings or representatives received the text of the proceedings then these people subscribe to the text of the proceedings. December newsletter is on granted, served or notice.
Article 108. Listed procedures 1. The text listed in the proceedings was made in the case could not be granted, or served directly to text in proceedings under the provisions of Articles 106 and 107 of this Law Thing.
2. The text listed in the proceedings by the Court directly or authorize the functions served or people's Committee granted the commune where resident litigants made according to the following procedure: a) listed the originals at the Court House, the people's Committee of the social place of residence or domicile of the final individual , headquarters or headquarters for the last of the bodies, the Organization was granted, served or notice;
b) listing a copy at the place of residence or domicile of the final individual, headquarters or headquarters for the last of the bodies, the Organization was granted, served or notice;
c) set the record on the implementation of the procedures listed in which specify days, months, years listed.
3. The time limit listed documents in the proceedings is 15 days from the date of listing.
Article 109. Notification procedure on mass media 1. The announcement on the mass media only when the law has regulated or defined base is listed does not guarantee for the person to be served, or to get information about text need be given, served or notice.
2. The notification on the mass media can be made if requested by other litigants. In this case, the required notice must bear the costs of notification on the mass media.
3. reporting on mass media to be posted on the electronic portal of the Court (if any), on one of the daily newspapers of Central in three consecutive numbers and broadcast on radio or television station of Central three times in 3 consecutive days.
Article 110. The results announcement, served or the notice text case proceedings who made the grant, served or notice the text of the proceedings is not the person conducting the proceedings, the Agency released the text of the proceedings, the person should immediately notify in writing the grant results bombardment, or text notification of the proceedings to the Court or agency issued the text of the proceedings.
Chapter VIII FINDINGS and RECOMMENDATIONS to amend, SUPPLEMENT or ANNUL the LEGAL TEXT in the PROCESS of RESOLVING the ADMINISTRATION Article 111. Findings and recommendations to amend, supplement or annul legal documents 1. In the process of resolving administrative, if discovered legal texts related to resolving the Administration signs contrary to the Constitution, the law, the legal text of the Superior State organs, the Court made as follows: a) case decided to bring the case to trial, the Chief Justice of the Court are resolving it implementing the recommendations according to the competence or recommend competent person specified in article 112 of this Act implemented the recommendations;

b) cases had decided to bring the case to trial or the case being reviewed in sequence of Cassation, retrial, the trial court are Chief Justice recommends resolving that make recommendations or suggest the competent person specified in article 112 of this Act made the recommendations.
2. The text of recommendations or proposed recommendations authority to amend, supplement or annul legal documents must have the following principal contents: a) the name of the Court out of the text of recommendations or suggestions;
b) summarise the content of the case and the legal issues set out to solve the case;
c) names, numbers, days, months, years of legal text was suggestion to modify, supplement or repeal relevant to the resolution of the case;
d) analysis of the regulation of the legal text with signs contrary to the Constitution, the law, the legal text of the Superior State organs;
DD) recommendation or recommendation of the Court about the amendment, Supplement, abolition of the legal text.
3. Attach the text of recommendations or proposed recommendations of competent person is legal text was suggestion to modify, supplement or repeal.
Article 112. Authority to make recommendations to modify, supplement or repeal the legal text 1. Chief Justice of the District Court have the right to propose amendments, additions or removal of legal texts State agencies from district level back down; recommendation the Chief Justice the Court granted the petition to amend, supplement or annul legal documents of State bodies; report Provincial Court Chief Justice to recommend the Chief Justice of the Supreme People's court petition to amend, supplement or annul legal documents of State bodies in Central.
2. the Chief Justice of the provincial court, the Chief Justice of the high people's Court has the right to propose amendments, additions or abolish legal text of State agencies from the provincial level down; recommendation the Chief Justice of the Supreme People's court petition to amend, supplement or annul legal documents of State bodies in Central.
3. The Chief Justice of the Supreme People's Court by yourself or at the suggestion of Chief Justice of the Court specified in clause 1 and clause 2 of this proposal to amend, supplement or annul legal documents of State bodies in Central.
4. The case at trial, the trial discovered the legal text with signs contrary to the Constitution, the law, the legal text of the Superior State organs, the trial has written a report Chief Justice Court under the provisions of clause 1, 2 and 3 of this article to make the right recommendations; in this case, the trial has the right to suspend the trial as defined in Article 187 paragraph 1 d of this law is to wait for the opinion of the Chief Justice of the Court or the temporary suspension of the case when the text of recommendations of the Chief Justice of the Court of competent jurisdiction as defined in point e of 141 Articles paragraph 1 of this Law.
Article 113. The responsibility to resolve the recommendations on the proposals to amend, supplement or annul legal documents within 10 days from the date of the proposed text, the provisions of article 111 of this Act, the Chief Justice of the Court of competent jurisdiction to consider petitions and processed as follows : 1. where the proposal to base out of the text of recommendations sent to State Agency has the authority to amend, supplement or annul legal documents and to notify the Court had suggested to a decision to temporarily suspend the case;
2. in case there is no suggestion to base the written out answers to the Court had offered to continue the case as prescribed by law.
Article 114. Shall make recommendations to amend, supplement or annul legal documents the Agency received recommendations to amend, supplement or annul the legal text of the Court has the responsibility to resolve as follows: 1. within 30 days of receiving the written recommendation of the Chief Justice of the Court specified in article 112 of this Act with respect to the text legal regulation details, guide the implementation of the Constitution, the law, the legal text of the Superior State authority, the agency that issued it must consider and reply in writing to the court petitions. If this time limit without getting a written answer, the Court applied the text of higher legal force to solve the case;
2. Case Review recommendations to modify, supplement or annul laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly shall follow the provisions of the law.
Chapter IX, Article 115 of the CASE. The right to sue the case 1. Agencies, organizations, individuals have the right to litigate the case for administrative decisions, administrative behavior, disciplinary dismissal in the case do not agree with the decision, act or have complaints with the authority to resolve, but the expiry settlement under the provisions of the law that complaints not resolved or has been resolved but not agree with the resolution of a complaint about the decision, that behavior.
2. organizations and individuals have the right to litigate the case for deciding to resolve a complaint regarding the decision to handle the case competition in the case do not agree with that decision.
3. The individual has the right to sue the case on electoral list in case has a complaint with the Agency have jurisdiction, but the expiry settlement under the provisions of the law that complaints not resolved or has been resolved, but disagree with the resolution of the complaint.
Article 116. Time 1. Time is the duration that the Agency, organization or individual is entitled to ask the Court to resolve the case of the administrative protection of the legitimate rights and interests infringed; If the time limit that end then loses the right to sue.
2. Time for each case are defined as follows: a) 1 year from the date of the administrative decision or know, administrative behavior, disciplinary dismissal;
b) 30 days from the date of the decision to settle complaints about the decision to handle the case competition;
c) From the date of the notice of appeal resolution results of electoral list or the end of the time limit for complaint resolution without getting the message the results resolve complaints of electoral list before election day 5 July.
3. where the litigants complain as prescribed by law to State authorities, who have the authority to resolve the complaint, then the time is specified as follows: a) 1 year from the date received or know the complaint resolution decision the first time or decide to resolve complaints for the second;
b) 7 years from the date of expiry of complaints under the provisions of the law that the State Agency, the authority does not resolve and no text to reply to the complainant.
4. The case due to unforeseen events or other objective obstacles make the petitioner did not claim to be within the time limit specified in point a and point b paragraph 2 of this Article, the time of unforeseen events or other objectively without obstacles in time.
5. The provisions of the civil code on how to determine the duration, time limits are applied in administrative proceedings.
Article 117. Sue procedure 1. When Sue case, the administrative bodies, institutions, individuals must make petition according to the provisions of article 118 of this law.
2. the individual has the capacity of administrative proceedings acts sufficiently, you can do it yourself or ask for other people as households petition case. In the item name, address of the petitioner in the application must write to them, the name and address of the individual; in the last section of single individuals must sign or point only.
3. The individual is a minor, who lost the capacity for civil acts, persons with limited capacity for civil acts, who have difficulties in cognitive, behavioural mastery, then their legal representative can themselves or thanks to other people as households petition case. In the item name, address of the petitioner in the application to record the name, address of the legal representative of that individual; in the end, the legal representative must sign or point only.
4. Individuals in the case prescribed in clause 2 and clause 3 this is who does not know the word, does not look to be, can't make the petition, can't sign or point only then can other people do households and petition to have capable administrative proceedings acts full of witness , signed the petition.
5. The agency or organization is the petitioner, the legal representative of the agency or organization that can do it yourself or ask for other people as households petition case. In the item name, address of the petitioner must record the name, address of the agency or organization and they name, position of the legal representative of the Agency, that organization; in the end, the legal representative of the agency or organization must sign and seal of the Agency, that organization; the case is litigated business organizations, the use of the seal in accordance with the corporate law.
Article 118. Petition 1. The petition must contain the following major contents: a) the day, month and year of application;
b) courts are required in resolving politically;
c) name, address; phone number, fax number, e-mail address (if any) of the petitioner, who sued, people have rights, obligations involved;
d) content decision administrative, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, complaints about the voter list or summary of administrative acts;
DD) content decision to resolve complaints (if any);
e) require court resolution proposal;
g) stayed about the same time not complaining to the person who has the authority to resolve the complaint.

2. the petition must have attached documents, the evidence the rights, legitimate interests of the petitioner being violated. The case for reasons of objectivity that petitioner could not fully pay the documentary evidence attached petition, they must submit documents and evidence available to prove the rights, legitimate interests of the petitioner being violated. The document, other evidence, petitioner to supplement or supplements according to the requirements of the Court in the course of the case.
Article 119. Submit the petition to the Court the petitioner sends petition and documents, and evidence to the court having jurisdiction of the case by one of the following methods: 1. Filed directly in court;
2. Send through postal services;
3. submit online via the electronic portal of the Court (if any).
Article 120. Define administrative lawsuits start date 1. The case of the petitioner to apply directly in the competent court on the petitioner as filing date.
2. in case the petitioner submit online application on the petitioner as filing date.
3. the petitioner submit cases to the Court through the postal service on the petitioner is on the Organization's stamp the postal service where posted. The case did not identify the day, month and year according to the postal stamp where posted on the petitioner as filing litigants in day organized postal service. Litigants must prove his day sent in postal service organizations; cases of litigants did not prove to be the start date is the day the Court receives the petition by the postal service moved to.
4. in case of transfer of the case to another court under the provisions of Article 34 paragraph 1 and paragraph 3 Article 165 of this law on the petitioner is sent a petition to the Court was accepting but not properly authorized and determined according to the provisions in clause 1, 2 and 3 of this article.
Article 121. Receive and review petition 1. The Court accepted the petition because the petitioner filed directly at the reception of the application the Court or sent via postal services and write to the window to receive menu. The case of accepting online then print out paper copies to the Court and to write to the window to receive menu.
The receipt of the petition was written on the receipt book and notice on the electronic portal of the Court (if any).
When receiving the petition filed directly, the Court has the responsibility to grant the right certifications got for the petitioner. Accepting case online, the Court answers for the petitioner to know via e-mail. The case receipt via postal service, then within 2 working days of receipt of the application, the Court must send a notice of receipt for the petitioner.
2. within 10 working days of receiving the petition, the Chief Justice of the court assigned a judge to consider the petition.
3. within 3 working days from the date of assignment, the judge must review the petition and have one of the following decisions: a) require modification, supplement the petition;
b) proceed with the procedure of the case according to the normal procedure or under the shortened procedure if qualified case prescribed in clause 1 Article 246 of this law;
c) Moved the petition to the competent court and inform the petitioner if the case in the Court's jurisdiction;
d) return the petition to the petitioner, if in one of the cases specified in clause 1 Article 123 of this law.
4. The results of processing of single judge rules in paragraph 3 of this article shall be notified to the petitioner, is noted in the log book and receipt notifications on the electronic portal of the Court (if any).
Article 122. The revised requirements, additional petition 1. After receiving the petition, if your petition does not have enough content to the provisions in clause 1 of this Law 118 Thing then informed the judge in writing and stating the problem should modify, Supplement for the petitioner to amend, supplement the petition within 10 days from the date the petitioner received notice of the Court.
2. Duration of the amendment and supplement of the petition is not counted on time.
3. where the petitioner has modified, additional petition as prescribed in paragraph 1 of this Law 118 Thing, the judge continued the case; If they do not amend, Supplement at the request of the judge, the judge returned the petition and attached documents and evidence for the petitioner.
Article 123. Return the petition 1. The judge returned the petition in the following cases: a) the petitioner had no right to sue;
b) the petitioner does not have the capacity of administrative proceedings acts in full;
c) case law contains provisions on conditions to sue but the petitioner had to sue to court when missing one of the conditions;
d) things were resolved by the judgment or decision of the Court has legal effect;
DD) not in the jurisdiction of the Court;
e) the petitioner according to the selection procedure for resolving complaints in cases stipulated in article 33 of this law;
g) petition does not have enough content to the provisions in clause 1 Article 118 of this law without the petitioner to modify, complement as defined in Article 122 of this Act;
h) expiry of notice prescribed in clause 1 Article 125 of this Act that the petitioner did not present the receipt of an advance payment of court fees for the Court, unless the petitioner be free of an advance payment of court fees, not an advance payment of court fees or have a good reason.
2. When returning the petition and attached documents and evidence for the petitioner, the judge must have text stating the reason for returning the petition. Return the text of the petition is sent immediately to the Procuratorate at the same level.
The petition and documentation, evidence that the judge returned to the petitioner must be copied and saved back in court to resolve complaints, recommendations when required.
Article 124. Complaints, Petitions and complaints, Petitions regarding returning the petition 1. Within 7 days of receiving the returned text of the petition, the petitioner has the right to appeal, the Procurator has the right to petition to the Court returned the petition.
2. Immediately after receiving complaints, Petitions regarding returning the petition, Chief Justice of the Court to assign a judge to consider and resolve complaints, Petitions.
3. within 5 working days from the date of assignment, the judge must consider the session open, resolve complaints and recommendations. The session considered, complaints, petitions to have the participation of representatives of the same Procuracy and litigants have complaints. The case of the petitioner, the absence of the Prosecutor, the judge still conducted the session.
4. Based on the documentation and evidence relevant to the return of the petition, the comments of the representative of the Institute of prosecution and the petitioner has a complaint at the session, the judge must place one of the following decisions: a) kept returning the petition and notify the petitioner , The Procuratorate at the same level;
b) received the petition and attached documents and evidence to proceed with the case.
5. within 7 days of receiving the decision answered the complaint, petitions about pay back the judge's petition, the petitioner has the right to appeal, the Procurator has the right to petition to the Chief Justice of the Court on a direct level review, resolve.
6. within 10 days of receiving complaints, Petitions regarding returning the petition, Chief Justice of the Court on a direct level to one of the following decisions: a) hold the return of the petition;
b) asked the Court of first instance granted the petition and receive documents, and evidence to proceed with the case.
Decision on complaint resolution, the recommendations of Chief Justice of the Court on a direct level is the final decision. This decision must be sent immediately to the petitioner, the Procuratorate at the same level, the Procuracy has proposed and the Court has a decision to pay back the petition.
Article 125. Case 1. After receiving the petition and attached documents and evidence, if found in the jurisdiction of the Court, the judge must inform the petitioner knew to them an advance payment of court fees; the case of the petitioner be free of an advance payment of court fees or not an advance payment of court fees shall inform the petitioner about the case.
Within 10 days of receiving notice of an advance payment of court fees, the petitioner must file the advance payment of the court fee and submit receipts for the Court.
2. The judge of the case on the petitioner filed receipts advance payment of court fees. The case of the petitioner be free of an advance payment of court fees or not an advance payment of court fees, the day the case is on the judge inform the petitioner knows the acceptance. The case must be recorded in the window handle.
3. in case of expiry of the provisions in paragraph 1 of this article that the petitioner filed for court new receipts advance court fees resolves as follows: a) the case has not yet returned the petition the judge to proceed with the case;
b) case returned the petition that the petitioner can prove that they have an advance payment of court fees on time, but because of unforeseen events or objective obstacles should they submit receipts advance court fees for the Court is not timely, the judge asked them to resubmit the petition , documents, evidence and the conduct of the case; on this case petitioner is filing the petition first;
c) where after a judge returned the petition, the petitioner filed the new advance payment of court fees and lodging receipts advance court fees for the Court, if not because of unforeseen events or objective obstacles, the judge asked them to resubmit the petition, documents evidence as to the conduct of the case; in this case the petitioner is filing date back the petition.

4. in case of expiry of the provisions in paragraph 1 of this article that the petitioner is not filed with the Court in advance receipts court fees, the Court informs them about not accepting the case for the reason that they are not an advance payment of court fees. In this case, the petitioner has the right to file the petition if time still.
5. After the judge in the case that the Court received the request of the person who has the rights, the relevant obligations under the provisions of article 129 of the law to settle in the same case on the administrative case is determined as follows: a) the case has the related obligations are exempted, or not an advance payment of court fees, the day the case is on the Court received the request of the person who has the rights, the relevant obligations of the same material, and evidence;
b) where people have rights, obligations relating to an advance payment of court fees, the day the case is on the person who has the rights, obligation of submitting to the Court the receipt currency advance payment of court fees;
c) where many people have rights, obligations relating to have independent inquiries on the case is on the Court received final independence claim, if they are in the case of exempt or not an advance payment of court fees or is on the final submission to the Court receipts advance court fees If they are in the case of an advance payment of court fees.
6. Upon receipt of the invoiced advance payment of court fees by litigants, the Court must grant them confirmation about getting receipts advance payment of court fees.
Article 126. Notification of case 1. Within 3 working days from the date of the case, the judge has the case must be notified in writing to the person being sued, people have rights, obligations related to the resolution of the case and the Procuratorate at the same level on the Court has the case and announced on the electronic portal of the Court (if any).
2. the written notice must contain the following principal contents: a) the day, month, year written notice;
b) name, address, the Court has the case;
c) the name, address of the petitioner, who sued;
d) specific issues the petitioner asks the Court to settle;
DD) of the case be accepting as normal procedure or the shortened procedure;
e) bibliography, evidence petitioner filed the attached petition;
g) the time limit for the person being sued, people have rights, obligations relating to submit comments in writing on the request of the petitioner and the document, evidence or independent requirements (if any) for the Court;
h) legal consequences of people being sued, people have rights, obligations relating to not submit to the Court the text of his comments about records requested by the petitioner.
Article 127. Assigned to the judge of the case 1. On the basis of the report of the case of the judge assigned to the case, Chief Justice Court judge assignment decisions resolving properly secured the principle of impartiality, objectivity, random.
2. within 10 working days from the date of the case, Chief Justice of the Court decided to assign judges to resolve the case.
For complex cases, the resolution may be extended, the Chief Justice of the court assigned judge attend physically to ensure the judging in the correct time limit provisions of this law.
3. In the course of the case, if the judge is assigned cannot continue to proceed was the task of the Chief Justice of the court assigned judge continued the mission; the case is a trial without judges attend physically, then the case must be heard again from the beginning and notice to litigants, the Procuratorate at the same level.
Article 128. Rights, the obligation of the person to be notified 1. Within 10 days of receiving the notice, the person being sued, people have rights, obligations relating to the submission to the Court the text of his comments about records requested by the petitioner and the document, evidence or independent requirements (if any).
Case should renew it was reported to have limited application submitted to the court stating the reason; If the request is based, the Court extended once, but not more than 7 days.
2. where the person being sued, people have rights related obligations, has received the notice, but do not submit comments in writing within the time limit specified in paragraph 1 of this article without good reason, the Court continued the case under the provisions of this law.
3. The person being sued, people have rights, obligations involved has the right to ask the Court for notes, copy of the petition and attached documents and evidence, petition (if any), except for documents, evidence prescribed in clause 2 Article 96 of this Act.
4. within 10 days of receiving the notice, the Procurator assigned Prosecutor, Prosecutor membership (if any) made the task and inform the Court.
Article 129. Right to request independent of the people who have rights, obligations relating to 1. Cases people have rights, obligations relating not to participate in the proceedings with the petitioner or the person being sued, they have the right to request independence when the following conditions: a) the resolution of the case related to rights, their obligations;
b) their independence requirements relevant to the case being resolved;
c) their independence requirements are addressed in the same case to make the resolution of the case was correct and faster.
2. People who have rights, obligations in relation to have the right to make a claim of independence to the time of the opening of the session examined the hand, approach, publicly the evidence and dialogue.
The independent claim is made under the provisions of this law on the procedure for claims of the petitioner.
Chapter X of the PROCEDURES for DIALOGUE and PREPARE TRIAL Article 130. The time limit for pretrial preparation time limit for pretrial preparation of the case, except in the case of review under the shortened procedure, the case has foreign elements and lawsuits grievances about the electoral list is specified as follows: 1.4 months from the date of the case for cases specified in point a of paragraph 2 of this Law 116 Thing;
2.2 months from the date of the case for cases specified in point b of paragraph 2 Article 116 of this Act;
3. for complex case or objective obstacles, the Chief Justice of the Court may decide to extend the time limit for pretrial preparation once, but no more than 12 months for the case prescribed in clause 1 of this article and not more than 12 months for the case prescribed in clause 2 of this Thing;
4. The case has decided to temporarily suspend the resolution of cases, the time limit for pretrial preparation are recalculated from the date of the decision to keep the case of the Court of law.
Article 131. The duties and powers of the judge in the trial preparation phase 1. Set the profile of the case.
2. Require litigants filed documents, additional evidence, write text comments with regard to the request of the petitioner to the Court; ask the petitioner filed copies of documents and evidence to the Court to send litigants.
3. Verify, document and evidence collected under the provisions of this law.
4. Decides to apply, change, cancellation of provisional measures.
5. Organization of the session examined the hand, approach, publicly the evidence and dialogue under the provisions of this law; except for the case under the shortened procedure and grievance cases on the list of voters.
6. Place one of the following decisions: a) bringing the case to trial;
b) temporarily suspend the resolution of the case;
c) suspended the settlement of the case.
Article 132. Establishment of administrative case file 1. The case file including administrative documents, evidence of the litigants, the participants in the proceedings; documents and evidence collected by the Court concerning the case; writing in the proceedings of the Court, the Prosecutor on the case.
2. The papers, documents in the case file shall be numbered administrative pen, arranged in the order of day, month, year and must be stored, managed, used in accordance with the law.
Article 133. Deliver documents and evidence 1. The time limit for submission of documents, delivery of evidence prescribed in paragraph 4 to article 83 of the law.
2. The case after having decided to take the case to trial according to the procedure of first instance, litigants filed new documents and evidence which the Court had earlier requests, the litigant must demonstrate the reasons for the slow delivery of filed documents and evidence. With respect to documents, evidence that the Court does not require privy to documents, or evidence that the litigants could not know was in the process of resolving according to the procedure of first instance then the litigants have a right hand, presented at trial.
Article 134. The principle of dialogue 1. The time limit for pretrial preparation in the first instance, the Court conducted dialogue to the unity with each other about the case, except for the case not to proceed with dialogue, the case to claim about the electoral list, the case to trial under the shortened procedure is regulated in articles 135 198 246 of this Law and,.
2. The dialogue shall be conducted according to the following rules: a) ensure publicity, democracy, respect for the opinions of litigants;
b) not to force litigants to conduct the administrative case contrary to the will of them;
c) content of the dialogue, the result of dialogue between the litigants is not unlawful, immoral society.
Article 135. The non-administrative cases conducted dialogue was 1. The petitioner, who sued, people have rights, related obligations have been duly convened Court a second time and still intentionally absent.
2. Litigants could not join the dialogue because there is good reason.
3. The incumbent party unity proposal not proceed with dialogue.
Article 136. Notification of the session examined the hand, approach, publicly the evidence and dialogue 1. Before conducting the session examined the hand, approach, publicly the evidence and dialogue between the litigants, the judge must inform the Privy, the legal representative of the litigants, who protected the legitimate rights and interests of litigants in terms of time, location, conducting meetings and the content of the session.
2. in case of non-administrative cases conducted dialogue was prescribed in article 135 of this law, the judge conducting the session examined the hand, approach, publicly the evidence without conducting the dialogue.

Article 137. Components of the session examined the hand, approach, publicly the evidence and dialogue 1. Session participants include: a) the judge presiding over the session;
b) record session clerk;
c) the litigants or legal representative of the litigants;
d) Who protect the legitimate rights and interests of litigants (if available);
VND) translator (if available).
2. where necessary, the judge has the right to request the Agency individual organization concerned to join the session.
3. in case there are many litigants, which is equivalent to the absence, but the litigants present still agree to conduct meetings and the conduct of that session does not affect the rights, obligations of litigants are absent, the judge conducting the session between the litigants are present; If the litigants suggested to postpone the session to present all the litigants in the case, the judge must postpone the session and inform in writing the postponed session, reopen the session for the litigants.
Article 138. The order of the session examined the hand, approach, publicly the evidence and dialogue 1. Before the opening session, session clerk reported the judge about the presence, absence of the participants in the court session was announced. The judge presiding over the session check the presence and identity of the people involved, common for litigants to know the rights and obligations under the provisions of this law.
2. When testing the delivery of outreach, public submission, the evidence, the judge published documents, the evidence contained in the case file and asked litigants on the following issues: a) requirements and the scope of claims, modifications, supplements, alternative, to withdraw the request to sue; independent requirements; the problem was, those problems have not uniformly require court resolution;
b) the delivery of the documents and evidence submitted to the Court and document delivery, evidence for other litigants;
c) the additional documentation, evidence, suggest court documents and evidence gathering, summoned other litigants, witnesses and participants in the proceedings at the trial;
d) other issues that litigants found necessary.
3. after the litigants presented complete, judges consider the comments, addressed the recommendations of the provisions in paragraph 2 of this Article; the case of the absence of the litigants, the courts reported results for their session.
4. After finishing the inspection reports, approach, publicly the evidence prescribed in paragraph 2 of this article, the judge conducting the dialogue procedure as follows: a) judge common for litigants to know the rules of law are relevant to the resolution of the case to the parties involved in the right to , its obligations, the analysis of the legal consequences of the dialogue so that they voluntarily United with each other about the resolution of the case;
b) petitioner presented the required additional initiations, the bases to protect the petitioner requests and suggestions of the views of the petitioner toward resolving (if available);
c) petitioned the additional presentation comments on the request of the petitioner, the enactment of administrative decisions, administrative acts were initiated and proposed direction for resolving (if available);
d) People have rights, obligations related to the case presented and proposed joint resolution comments related to them (if any);
DD) Who protect the legitimate rights and interests of litigants or other participants of the dialogue sessions (if any) statements of opinion;
e) case, the judge asked litigants stated legal text, the text related to administrative reviews of the legality of administrative decisions, administrative acts being litigated, and check the effect of the law of that text. Judge may analyze to litigants the right mindset about the content of the legal text, the relevant administrative documents so that they have the choice and the decision of the case;
g) after the litigants presented most of his opinion, the judge determined the issues agreed by the parties, the matter is not yet uniform, and request the parties privy to additional presentations on the contents unknown, not yet unified;
h) judges concluded about the issues the parties litigant was unified and the problems yet.
5. the Secretariat of the session record test session on the hand, approach, publicly the evidence and dialogue.
 Article 139. The minutes of the session examined the hand, approach, publicly the evidence; minutes of dialogue 1. The minutes of the session examined the hand, approach, publicly the evidence to have the following content: a) the day, month, year conducted the session;
b) location to conduct the session;
c) participants;
d) comments of the litigant or the litigant's legal representatives, who protected the legitimate rights and interests of litigants about the content of the provisions in paragraph 2 of this law, 138;
DD) other contents;
e) the conclusions of the judge about accepting, not accepting the recommendations of the litigants.
2. Minutes of dialogue to have the following content: a) content regulation in the points a, b and c of paragraph 1 of this article;
b) comments of the litigant or the litigant's legal representatives, who protected the legitimate rights and interests of litigants;
c) content was the equivalent of the consistency, inconsistency.
3. for the case not to proceed with the dialogue was prescribed in article 135 of this law shall establish the minutes prescribed in paragraph 1 of this article.
4. The minutes must be signed or only of those who join the session, the Clerk's signature record session and of the judge presiding over the session. The session participants have the right to view the minutes of the session immediately after the end of the session, asked to write the amendment, added to the minutes of the session and the signing or verification only.
Article 140. Processing the results of dialogue 1. The case through dialogue that the petitioner still kept asking Sue, who sued keep decision, acts were to sue, people have rights, obligations relating to independent requirements remains the request, the judge conducting the procedure to open the case to trial.
2. The case through dialogue that petitioner voluntarily withdrew the petition, the judge set the minutes regarding the petitioner voluntarily withdrew the petition, the decision to suspend the case for the petitioner's request. The petitioner is entitled to litigate the case again if time still.
3. The case through dialogue that the person being sued is committed to amend, Supplement, replace, cancel the decision been litigated or termination of administrative behavior was petitioner and petitioner committed to withdraw the petition, the Court established the minutes about the commitment of the litigants. Within 7 days from the date of establishment of the minutes, the person sued must submit to the Court a new administrative decision or notification of termination of administrative behavior was petitioner and petitioner must submit to the Court a written withdrawal of the petition. Expiry of this that one of the litigants do not implement their commitment, the judge conducting the procedure to open the case to trial.
The case received a new administrative decision or text to withdraw the petition, the Court must inform the other litigants said. Within 7 days of receiving the notice of the Court, if the litigants have no comments opposing the judge a decision recognizing the dialogue results, the suspension of the case and sent immediately for the litigants, the Procuratorate at the same level. This decision has effect immediately and not be appealed, the appeal under the procedure of appeal; where there is evidence that the content of the party was unified and committed is by confused, deceived, intimidated or unlawful, immoral society, the decision of the Court may be reviewed under the procedure of Cassation.
Article 141. Temporary suspension of the case 1. The Court decided to temporarily suspend the case when in one of the following cases: a) is the individual litigants have died, agency, organization has dissolved or declared bankruptcy which is not available to individuals, agencies, held rights to inheritance, the obligation of the proceedings;
b) litigants who lost the capacity for civil acts, juveniles that have yet to identify the legal representative;
c) Have expiry prepared trial that one of the litigants could not be there for good reason, except maybe a trial absent litigants;
d) Should wait for the results of other agencies or resolution results solve other related incident;
DD) Should wait for results of additional examiners, examiners; need to wait for the results of the judicial trustee, the trustee collects the evidence or wait for organs, the organization provides material evidence as required by the Court to solve the case;
e) Should wait for the results of processing legal documents related to the settlement of the case with signs contrary to the Constitution, the law, the legal text of the superior state agency that the Court had written recommendations to the competent bodies to consider modifying , the addition or removal of that text.
2. The decision to temporarily suspend the case can be appealed, the appeal under the procedure of appeal.
Article 142. Consequences of the suspension of the case 1. The Court did not remove the name of the case is temporarily suspended to resolve in accepting that only notes in shared acceptance number and date of the decision to temporarily suspend resolving it to the track.
2. When a reason to temporarily suspend the provisions of article 141 of this Act no longer then the Court decision to continue the case and cancel the decision to temporarily suspend the case.
3. Advance payment of court fees, fees that litigants have filed are processed when the Court to continue the case.
4. During the suspension of the case, the judge assigned the case must still be responsible for the resolution of the case.
After you have decided to temporarily suspend the case prescribed in clause 1 Article 141 of this Act, the judge assigned to the case are responsible for tracking, urge agencies, organizations, individuals overcome the reasons leading to the case is temporarily suspended in the shortest time to timely take case to solve.
Article 143. Suspended from the case 1. The Court decided to suspend the case in the following cases:

a) petitioner is dead that personal rights, their obligations not inherited; the Agency, the Organization has dissolved or declared bankruptcy without the Agency, organization, personal inheritance rights, the obligation of the proceedings;
b) the petitioner withdrew the petition in the case do not have the required independence of the person who has the rights, the obligations involved. The case has required independent of who has rights, related obligations that people have rights, obligations are related remains independent of the request, the Court decides to suspend the case for requirements of the petitioner withdrew;
c) the petitioner withdrew the petition, people have rights, obligations relating to withdraw petition for independence;
d) the petitioner did not file the advance costs of property valuation and other litigation costs according to the provisions of the law.
The case has, related obligations have demanded independence without the advance costs of property valuation and other litigation costs according to the provisions of this law, the Court suspended the settlement required independent of them;
DD) the petitioner was duly summoned for the second time that remain absent unless they suggest the trial court absent or case of force majeure events, the objective obstacles;
e) petitioned cancellation of administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition or terminate administrative behavior was petitioner and petitioner agreed to withdraw the petition, people have rights, obligations relating to independent request agreed to withdraw the request;
g) time has run out;
h) The case prescribed in clause 1 Article 123 of this law that the Court was accepting.
2. When the decision to suspend the case, the Court returned the petition, documents, evidence for litigants if requested.
3. Decides to suspend the case can be appealed, the appeal under the procedure of appeal.
Article 144. Consequences of the suspension of the case 1. When the decision to suspend the case, litigants have no right asking the Court to resolve that case, if the petitioner does not have anything other than the case was suspended on the petitioner, who sued and the legal relations of the dispute, except in the case of suspended under the provisions of point b c and e, paragraph 1 Article 123, point b and point 1 article 143 of the law on deposit VND this and other cases prescribed by law.
2. Advance payment of court fees, fees that litigants have filed are processed according to the provisions of the law on court fees, court fees.
Article 145. Decision-making authority temporarily suspended, the decision to continue the case, decided to suspend the case 1. The judge assigned to the case have the authority to decide to temporarily suspend the decision to continue the case or decide to suspend the case.
2. within 10 working days from the day a judge in the decisions specified in paragraph 1 of this article, the Court must send the decision to the litigants and the Procurator at the same level.
Article 146. The decision to bring the case to trial 1. The decision to bring the case to trial to have the following content: a) the day, month, year, location, open the trial;
b) The hearing was conducted in public or secret trial;
c) the name, address of the participant in the proceedings;
d) contents the petitioner;
DD) them, the name of the judge, jurors, court clerk, Prosecutor; The judge, jurors, court clerk, Prosecutor membership (if any).
2. Decides to take the case to trial must be submitted for the litigants, the Procuratorate at the same level as soon as the decision.
Article 147. Send resumes to the Procuracy the Court must send the case file to the decision to take the case to trial to the Procuratorate at the same level of research. Within 15 days of receiving the case file, the Procurator must return the case file to the Court.
Chapter XI TRIAL section 1 GENERAL REQUIREMENTS on TRIAL Article 148. General requirements for trial trial must be conducted on time, location stated in the decision to bring the case to trial or in newspapers to reopen the trial in the case must adjourn the trial.
Article 149. The time limit for hearing within 20 days have decided to take the case to trial, the Court must open the trial; where there is reason then the open trial period can last long but not more than 30 days.
Article 150. The venue for the trial court to be held at the Court House or can outside court but must ensure dignified and courtroom form specified in article 151 of this law.
Article 151. Courtroom layout forms 1. Coat of arms of the Socialist Republic of Vietnam is hanging between the front of the courtroom and the top seat of the Board of review.
2. The court room must have areas are arranged for the trial, the Prosecutor, trial Secretary, Privy, who protected the legitimate rights and interests of litigants, the participants in the proceedings and other persons attending the trial.
Article 152. Trial directly, verbally 1. The verbal hearing and must be conducted in the court room.
2. The trial to directly identify the details of the case at the trial by asking and listening to the presentation, arguing directly about details and evidence of the case of the petitioner, who sued, people have rights, obligations related to the case, the legal representative who protects the legitimate rights and interests of litigants and participants in other proceedings, bodies, organizations are invited to attend the trial, hearing the Prosecutor stated opinion of the Procurator.
Article 153. Court rules 1. Upon entering the courtroom, everyone needs the security check of the force is responsible for protection of the trial.
2. Is strictly forbidden to carry weapons, explosives, gases, flammable, toxic, radioactive substances, prohibited items in circulation, single transfer, the slogan and the document, other items affecting the sanctuary of the trial in the courtroom, except for physical evidence of the case serve for trial or weapons , tool support is competent to bring to trial protection duty.
3. Participants of the trial at the request of the Court to present the summons, invitation, other relevant documents to the court clerk at the desk clerk at the latest 15 minutes before the opening time trial, and seats in the court room according to the instructions of the court clerk; the case came late, they must present the summons, invitation, other relevant papers to the Secretariat through the trial mission force protection trial.
4. Journalists to attend the trial to put on trial the Executive must take the control of the presiding on the area. Journalists recorded speech, recorded images of the trial must be consent of the presiding. The speech recording, recording images of the litigants, the participants in the proceedings must be agreed by them.
5. People attending the trial must have serious costumes; have an attitude of respect for the Board of review, keep order and follow the direction of the presiding.
6. no hats, hats, wearing stained glass in the courtroom, unless there are justifiable reasons and was presiding; do not use a mobile phone in the courtroom; no smoking, no eating in the courtroom or other acts affecting the sanctuary of the trial.
7. Participants of the trial at the request of the Court to be present in court during the trial of the case, except to preside the trial agree to leave the courtroom if there is good reason.
The person under sixteen years of age were not in the courtroom, except with court summons to join the trial.
8. Everyone in the courtroom to stand up when the trial in the courtroom and once sentenced, except with the consent of the presiding.
9. Only those who are trial agreed to be questioned, answers or statements. People ask, answers or statements to stand up, except for health reasons was presiding agreed to sit for questions, answers or statements.
Article 154. The composition of trial of first instance trial of first instance consisting of one judge and two people's assessors, except in the case prescribed in clause 1 Article 249 of this Act. The trial of first instance may include 12 judges and people's assessors in the 3 following cases: 1. Complaints of administrative decisions, administrative acts of the provincial people's Committee, Chairman of the provincial people's Committee involving multiple objects;
2. the complex case.
Article 155. The presence of members of the Board of review and the Secretary of the Court 1. The trial was conducted only when there are enough members of the Board of review and the Secretary of the court session.
2. where there are judges, people's assessors is absent or is unable to continue participating in judging the case but the judge, jurors attended people with disabilities participated in the trial from the beginning, then these people are replacing members of the Board of review is absent to attend the trial of the case.
3. The absence of judges, people's jurors attended the alternates to replace members of the Board of review as specified in paragraph 2 of this Article shall have to postpone the trial.
4. where the trial Secretary is absent or unable to continue to participate in the trial that there is no alternative to postpone the trial.
Article 156. The presence of the Prosecutor 1. Prosecutor was Minister Prosecutor same level assigned mission is to participate in the trial, if absent then the trial was still in progress.
2. where the Prosecutor is changed at the trial or may not continue to participate in trial, but the Prosecutor then this person members are joining the next trial of the case if they are present at the trial from the start.
Article 157. The presence of the litigant, representative, who protected the legitimate rights and interests of litigants 1. The Court convened the first valid, litigants or their representatives, who protected the legitimate rights and interests of litigants to be present at the trial; the event of the absence, the trial adjourned the trial, except where that person may petition the trial in absentia.

The court notice to litigants, the representative, who protected the legitimate rights and interests of litigants to know the postponed trial.
2. The Court convened the second valid, litigants or their representatives, who protected the legitimate rights and interests of litigants to be present at the trial, if not absent because of unforeseen events, the objective obstacles shall be treated as follows: a) for the petitioner , legal representative of the petitioner without the representative participated in the trial shall be deemed waiver of the petitioner and the Court decides to suspend the case for petitioner request of that person, unless they have a single proposal to trial in absentia. The petitioner has the right to sue, if time still;
b) for the person being sued, has related obligations, there is no independent requirement that does not have a representative participate in the trial, the Court conducted a trial in absentia;
c) for people who have rights, obligations relating to independent request that does not have a representative attend the trial shall be deemed abandoned its independence request and the Court decides to suspend the resolution for independence requirements of that person, unless that person has a single proposal to trial in absentia. People have the rights, the relevant obligations require the independent right to sue back towards independent requirements that, if time still;
d) with regard to the protection of the legitimate rights and interests of litigants, the Court still conducting a trial in absentia.
Article 158. Trial in case of absence of the litigants in the Court trial still conducted a trial of the case in the following cases: 1. The petitioner, who sued, who has the rights, obligations and their representative is absent at the trial have suggested the trial in absentia;
2. The petitioner, who sued or has related obligations, absent at the trial but have representatives participate in the trial;
3. where the provisions of point b and d account 2 things of this Law 157.
Article 159. In the presence of witnesses 1. Witnesses are obliged to participate in the trial under a court summons to present details of the case that they know. The case of the absence of the witness, but before that there was testimony to the Court directly or send a statement to the Court, the presiding announced that testimony.
2. in case of the absence of witnesses, the trial decided to postpone the trial or proceed to trial. The case of the absence of the witnesses at the trial have no reason and the absence obstruction the trial could be leading to a court according to the decision of the Board of review.
Article 160. The presence of the examiner 1. The examiner has the obligation to participate in the trial under the summons of the Court to clarify the issues related to the assessment and the conclusion.
2. in case of absence of the examiner, the Board of adjudication decided to postpone the trial or proceed to trial.
Article 161. The presence of translator 1. The interpreter is obliged to participate in the trial under a court summons.
2. where the translation is absent without others replace the trial decided to postpone the trial.
Article 162. Trial postponed 1. The case must adjourn the trial: a) the case prescribed in clause 3 and clause 4 Article 155, paragraph 1 to article 157, paragraph 2 Article 161 of this Act;
b) member of the Board of review, the court clerk, interpreter is changed so that there is no alternative right now;
c) cases must conduct inspections under the provisions of article 170 of this law.
2. in case of postponed trial is prescribed in clause 2 Article 159 and 160 of this Law Article 2 clause.
Article 163. The time limit, the decision and the authority to postpone the trial of 1. Postpone the trial time limit not to exceed 30 days from the date of trial decision adjourned the trial, unless the Court trial of the case under the shortened procedure, the time limit is 15 days delay.
2. Decides to postpone the trial to have the following content: a) the day, month, year of decision;
b) Court and they Name, name of the person conducting the proceedings;
c) case to be brought to trial;
d) the reason for delaying the trial;
DD) time, place to reopen the trial.
3. Decides to postpone the trial to be presiding on behalf of the Board of review. The case of absence, the presiding Chief Justice Court the decision to postpone the trial. The decision to postpone the trial to be announced shortly for the participants in the proceedings; for a absences shall send them immediately to court decisions that, at the same time send to the Procuratorate at the same level.
4. after the case postponed the trial that the Court cannot reopen the trial on time, location opened back in court decided to postpone the trial, the Court must immediately notify the participants in the proceedings and the Procuratorate at the same level know about time, location to reopen the trial.
Article 164. The procedure of judgment, the decision of the Court in the trial of 1. The judgment of trial must be discussed and passed in the deliberation room.
2. Decides to change the conduct of the proceedings, the examiner, translator, transfer case, temporary suspension or suspension of the case, adjourned the trial to be discussed, adopted at the Conference and must be made in writing.
3. Decisions on other issues was discussed and the Board of review through in the courtroom, not written into the text, but must be recorded in the minutes of the trial.
Article 165. Suspension, suspension of the case in trial 1. At the trial, if there is one in cases stipulated in points a, b, c, d and e of paragraph 1 Article 141 of this Act, the Board of adjudication decides to temporarily suspend the resolution of the case.
2. At the trial, if there is one in the case prescribed in clause 1 Article 143 of the law on the Judicial Council decides to suspend the resolution of the case.
3. where the litigants to present the new administration decided that administrative decisions that relate to the decision were to sue and not under the jurisdiction of the courts are the first instance trial of the case, the trial suspended the trial and transfer the case file to the competent court.
Article 166. The minutes of the trial 1. The minutes of the trial must complete the following: a) The content of the provisions in clause 1 Article 146 of this law;
b) of all the happenings at the trial from the beginning until the end of the trial;
c) questions, answers and statements at the trial;
d) other content must be recorded in the minutes of the trial under the provisions of this law.
2. In addition to recording the minutes of the trial, the Court may make the recording, recorded on the trial.
3. After the end of the trial, the trial must check the minutes; Presiding court clerk and sign thereon.
4. the Prosecutor and the participants in the proceedings have the right to view the minutes of the trial, asked to write the amendment, added to the minutes of the trial and signed.
Article 167. Prepare the opening of the trial before the opening of the trial, the court clerk must conduct the following tasks: 1. Common rules and Court;
2. check, determine the presence, absence of trial participants according to the Court's summons; If someone is absent, then the need to clarify the reason;
3. Stable order in the court room;
4. Ask everyone in the courtroom stood up when the trial in the courtroom.
Article 168. The procedure of trial in absentia of all the participants in the proceedings 1. The court documents, based on the evidence contained in the records to a trial in absentia, the litigants involved in proceedings under the provisions of this law when the following conditions: a) the petitioner, the legal representative of the petitioner has suggested single trial in absentia;
b) Who sued, people have rights, obligations involved; the legal representative of the person being sued, people have rights, obligations relating to have petition hearing is absent or has been duly summoned for the second time that still absent;
c) protect the rights, legitimate interests of the petitioner, who sued, people have rights, obligations relating to have petition hearing is absent or has been duly summoned for the second time that remains absent.
2. Presiding announced reason litigants or absence of litigants suggested a trial in absentia.
3. Presiding published summary of the case and the documents, the evidence contained in the case file. Trial discussion on the issues to be addressed in the case.
4. the Prosecutor stated opinion of the Procurator.
5. The trial proceed with deliberation and pronouncement of judgment under the provisions of this law.
Section 2 PROCEDURES for STARTING the TRIAL Article 169. The opening of the trial of 1. Presiding the opening of the trial and read decided to bring the case to trial.
2. The secretariat reported the trial with the trial about the presence, absence of trial participants according to the summons, the Court's notice paper and reasons for absence.
3. Presiding check the presence of the participants in the trial according to the summons, the Court's notice paper and check the identity of the litigants.
4. Presiding common rights, obligations of litigants and participants in other proceedings.
5. the presiding member name, they introduced the trial, trial Secretary, Procurator, the examiner, translator.
6. Presiding asked who has the right to request a change to the person conducting the proceedings, an interpreter if they do not change requirements; ask people who are right about the examiner has violated the provisions in clause 3 Article 63 of this law do not.
7. ask the person presiding must declare commitment to witness true, if the incorrect declaration must be responsible before the law, except where the witness who is a minor.
8. request the presiding judge, interpreter is committed to providing accurate assessment results, interpreting the right content need interpreters.
Article 170. Resolve the request to change the conduct of the proceedings, the examiner, translator

The case at the trial to have the request to change the conduct of the proceedings, the examiner, the interpreter the Board of review must consider, decide to accept or not to accept the request under the provisions of this law; If not accepted, they must clearly state the reason and record in the minutes of the trial.
The case of the opinion of the examiner in violation of the provisions in paragraph 3 Article 63 of this law, the Board of review must consider; If the base is then decided to conduct inspections under the provisions of the law.
Article 171. Ensuring the objectivity of witnesses 1. Before the witness was asked about the issue that they know are related to the settlement of the case, presiding can decide the necessary measures so that these people do not hear each other's testimonies or contact with the person concerned.
2. where the testimony of the litigants and the witnesses have mutual influence then presiding may decide to quarantine litigants with witnesses before questioning witnesses.
Article 172. Ask litigants about changing, supplementing, withdrawal of request 1. Presiding asked the petitioner about the change, addition, withdrawal of part or the entire request to sue.
2. Presiding asked people have rights, obligations relating to have independent inquiries about changing, supplementing, withdrawal of part or all of the requirements of independence.
Article 173. Consider the change, addition, withdrawal requests 1. The trial to accept the changes and supplements require litigants if changing, supplementing their claim does not exceed the scope of the request to sue or seek independence.
2. where the litigants to withdraw part or all of their claims and the withdrawal of their request is voluntary, the trial and suspension of trial for part or all of the requirements require that litigants withdrew.
Article 174. Change the status of the proceedings the case the petitioner withdrew the entire request to sue but who have rights related obligations, keeping his independence requirements, the people have rights, obligations relating to become the petitioner.
Category 3 LITIGATION at the TRIAL Article 175. The content and method of litigation in trial 1. Litigation at the trial included the presentation of evidence, questions, responses, replies and statements of opinion, arguments about evidence, details of the case, the legal relationships of disputes and applicable law to address the request of the litigants in the case.
2. The proceedings at the trial was conducted under the control of the presiding.
3. Presiding not limited time litigation, create conditions for those involved in litigation presents most of the comments, but has the right to cut the comments not related to the case.
Article 176. Presentation of 1. Cases of litigants still keeps asking his opinion, and not consistent with each other about the case, the trial brief required content of litigants, the announcement concluded at the session examined the hand, approach, publicly the evidence and dialogue, the issues that need litigation , asked litigants presented on the issue of unclear, also contradicted by the following sequence: a) the protection of the rights and legitimate interests of the petitioner presented on the issue of unclear, contradictory evidence and also to prove to the petitioner's request is legitimate and well-grounded. The petitioner has the right to additional comments. The case Agency held Sue case, the representative of the Agency, held a presentation on the issue of unclear, contradictory evidence and also to prove to ask Sue is based and legally;
b) The protection of the rights and legitimate interests of the person sued presents the opinions of people who sued for the request of the petitioner; requirements, proposal of the person being sued and evidence to justify the request is legitimate and well-grounded. The person being sued has the right to additional comments;
c) The protection of the rights and legitimate interests of the person who has the rights, obligation relates presents the opinions of people who have rights, obligations relating to the request, the request of the petitioner, who sued; independent requests, suggestions people have for the rights, obligations and related evidence to justify that recommendation is grounded and legal. People have rights, obligations relating to have additional rights comments.
2. The case of the petitioner, who sued, people have rights related obligations, without the protection of the rights and legitimate interests for themselves then they themselves presented the request, his proposals and evidence to justify the request, suggest that is grounded and legal.
3. At trial, litigants, who protected the legitimate rights and interests of litigants had only complementary evidence rights prescribed in clause 2 of this Law 133 Things to justify the request, his proposal.
Article 177. The order and the principle of questioning at the trial 1. After listening to the finished lyrics presented by litigants, who protected the legitimate rights and interests of litigants under the provisions of article 176 of this Act, under the authority of the presiding, the wonder of each person is made as follows: a) the petitioner, who protected the legitimate rights and interests of the petitioner ask first , next to the person being sued, the protection of the rights and legitimate interests of the person being sued, then the people have the rights, obligations, the protection of the rights and legitimate interests of the person who has the rights, the obligations involved;
b) participants in the proceedings;
c) presiding, people's assessors;
d) join the trial Prosecutor.
2. The question must be clear, serious, not duplicate, not taking advantage of the question and answer in order to violate the honor, the dignity of the participants in the proceedings.
Article 178. Ask the petitioner 1. Many cases the petitioner ask separately one by one.
2. ask the petitioner on the question that the petitioner, who protected the legitimate rights and interests of the petitioner presented unclear, conflicting with each other or in conflict with their earlier testimony, contradict testimony presented by the person being sued, who has the rights, obligations and the protection of the legitimate rights and interests of these people.
3. The petitioner may reply yourself or the protection of the rights and legitimate interests of the petitioner answered instead of the petitioner and petitioner replied then added.
Article 179. Asked who sued 1. There are many cases of people being sued individually ask each one.
2. Just ask the person who sued about the matter that the person being sued, the protection of the rights and legitimate interests of the person being sued is unclear presentation, there is a conflict with one another or contradict their earlier testimony, contradict testimony presented by the petitioner, who had the rights, obligations and the protection of the legitimate rights and interests of these people.
3. Who sued could answer himself or the protection of the rights and legitimate interests of the person sued reply instead of the people being sued and then petitioned the supplementary answer.
Article 180. Ask people who have rights, obligations relating to 1. Several people have rights, obligations relating to ask separately one by one.
2. Just ask people who have rights, obligations are concerned about problems that people have rights, obligations are concerned, the protection of the rights and legitimate interests of their not yet clear, there is a conflict with one another or contradict their earlier testimony, contradict testimony presented by the petitioner , who sued, who protected the legitimate rights and interests of these people.
3. People have the rights, obligation to relate himself to answer or to protect the rights and legitimate interests of them answered on their behalf and then people have rights, obligations relating to additional answers.
Article 181. Ask witnesses 1. The case has many witnesses ask separately one by one.
2. Before questioning witnesses, presiding must ask about the relationship between them with the litigants in the case; If witnesses are minors, the presiding can ask his father, mother, guardian or teacher, the teacher help to ask.
3. Presiding asked witnesses presented clearly the details of the case that they know. After the witnesses presented then just ask more of people testified about the problems they present unclear, incomplete or conflicting with each other, in conflict with their earlier testimony, contradict testimony presented by the litigants, who protected the legitimate rights and interests of litigants.
4. After the presentation, the witness in the back of the courtroom to be questioned further.
5. where necessary to ensure the safety of witnesses and their relatives, the trial decide not to disclose information about the identity of the witness and not to those in the trial of seeing them.
6. Privy, who protected the legitimate rights and interests of litigants ask witnesses after the approval of the presiding.
Article 182. Published the materials of the case 1. The Board of review published the documents of the case in the following cases: a) participants in the proceedings are not present at the trial that in the preparatory phase of the trial there was testimony;
b) testimony of the participants in the proceedings at the trial to contradict earlier testimony;
c) When the trial found it necessary or upon request of the litigants, who protected the legitimate rights and interests of litigants, who joined the other proceedings, the Prosecutor.
2. Special cases need to keep state secrets, preserving the pure Maple, United States of America of the nation, keep confidentiality, trade secrets, personal secrets or to protect minors by request of the litigants, the trial does not publish the material in the case file.
Article 183. Listen to the tape recording, disc recording, watching tape, disk, other devices sound archives, images at the request of the litigants, who protected the legitimate rights and interests of litigants, who participated in the proceedings or of the Prosecutor deems necessary, or when the Board of review to hear audio , disc recording, watching tape, disk, other devices sound archives, images at the trial, except in the case prescribed in clause 2 Article 182 of this Act.
Article 184. Consider the evidence

1. Physical evidence, pictures or documents confirming physical evidence was put forward for consideration at the trial.
2. The Board of review can along with the Privy to look at possible physical evidence cannot be taken to court if it deems necessary.
Article 185. Ask the examiner 1. Asking the presiding judge presented his conclusion on the issue delivered the assessment. When present, the examiner has the right to explain the conclusion, a base to put out the conclusion.
2. the Prosecutor, the participants in the proceedings in the trial have the right to comment on the conclusions, was asked what issues remain unclear or conflicting conclusions the assessment or have conflicts with other evidence in the case.
3. in case the examiner was not present at the trial, the presiding announced the conclusion.
4. When there are participants in the proceedings did not agree with the conclusion was announced at the trial and require additional assessment or assessment; the case found the additional assessment, the assessment is not required, the trial continued the trial; consider the case of additional examiners, examiners leave necessary for resolving the trial additional evaluation decisions, inspections and suspended the trial to wait for results of additional examiners, examiners.
Article 186. End the questioning at the trial when the details of the case were fully considered, the presiding Prosecutor, asked litigants, who protected the legitimate rights and interests of litigants and participants in other proceeding whether they request asked what problem does not; the case of the request and deems the request is grounded then presiding decided to continue the quest.
Article 187. Suspend the trial 1. During the trial, the trial has the right to suspend the trial when one of the following bases: a) due to health status or because of unforeseen events, the objective obstacles that the person conducting the proceedings cannot continue to proceed with the trial, except to replace the person conducting the proceedings;
b) due to health status or because of unforeseen events, the objective obstacles that other participants in the proceedings may not continue to participate in the trial, except where the proceedings requested a trial in absentia;
c) need to verify, collect evidence, documentary supplements which do not implement cannot solve the case and could not be done immediately at the trial;
d) must report to the Chief Justice of the Court has the authority to recommend proposals to amend, supplement or annul legal documents under the provisions of article 111 of this Act;
DD) The litigant parties suggest the Court suspended the trial to the parties litigant the self dialogue;
e) Awaiting results of additional examiners, examiners leave the provisions in paragraph 4 to article 185 of the law.
2. The suspension of trial must be recorded in the minutes of the trial. The pause period the trial was not more than 30 days from the date of trial decided to suspend the trial. The trial continues to conduct the trial, if reasons to suspend the trial no longer. Most of this time limit, if the reason for suspension of trial have yet to be overcome, the trial decision temporarily suspended the case and notified in writing to the participants in the proceedings and the Procuratorate at the same level in terms of time to continue the trial.
Article 188. The sequence of statements as argument 1. After the end of the question, the debate at the trial is performed as follows: a) the protection of the rights and legitimate interests of the petitioner presented. The petitioner has the right to additional comments. The case Agency, the organization claims, the agency representative, hosted the presentation of the opinion;
b) The protection of the rights and legitimate interests of the person being sued argue, for answers. The person being sued has the right to additional comments;
c) The protection of the rights and legitimate interests of the person who has the rights, obligation to relate the presentation. People have rights, obligations relating to have additional rights comments;
d) litigants responses under the control of the presiding;
DD) When it deems necessary, the Board of review may require the parties privy to additional debate about specific problems to make the base of the case.
2. The case of the petitioner, who sued, people have rights, related obligations without the protection of the rights and legitimate interests, they presented themselves when the debate.
3. in case of absence of one of the parties litigant, who protected the legitimate rights and interests of litigants and participants in other proceedings, the presiding must announce their testimonies, documents protect the rights and legitimate interests of litigants, on the basis that litigants are present at the discussion and for answers.
Article 189. Speaking when debating and responses When speaking about evidence, recommending his views on solving the case, participants must debate based on the documents, evidence was collected and was considering, check at the trial as well as the results of the questioning at the trial. Debate participants have the right to respond to the comments of others.
Article 190. Speaking of the Prosecutor after the participants in the proceedings and debate responses, the Prosecutor stated opinions about the subject of the litigation law judges, jurors, court clerk and of the participants in the proceedings in the course of the case, since accepting until prior to the time of trial and Italian speaking comments about the resolution of the case.
Shortly after the end of the trial, the Prosecutor must submit a written statements of opinion for the Court to save into the case file.
Article 191. Deliberation 1. After the end of the debate, part of trial into deliberation to deliberation.
2. only the members of the Board of review have permissions. When the deliberation, members of the Board of review must address all the issues of the case by voting by a majority of each issue. The people's assessors voted on before the final voting, judge. The case of the trial consists of 5 members, the presiding judge is the final voting. The minority opinions have the right to present their opinions in writing and be put into the case file.
3. After deliberation, the Board of review is only based on the documents, the evidence has been examined, reviewed at the trial, the results of the litigation at the trial, the Prosecutor's opinion, the provisions of the law and research, applied the judgment of administrative rules (if any) in relation to decisions on the following issues : a) legality and based on the form, the contents of the administrative decision or the exercise of administrative acts were initiated;
b) the legitimacy of the authority, the order and procedure for issuing administrative decisions or implementing administrative behavior;
c) time, the time limit for issuing administrative decisions or perform administrative acts;
d) relation between administrative decisions, administrative acts with the legitimate rights and interests of the petitioner and the people concerned;
DD) legitimacy and have a base of relevant administrative documents (if any);
e) compensation issues and other matters (if any).
4. When deliberation to have the minutes recorded comments were discussed and decided by the Board of review. Minutes of deliberation must be members of the Board of review in sign of deliberation before sentencing.
5. in case there are more complex, the deliberation requires more time, the trial could decide to extend the time of deliberation, but not more than 10 working days from the end of the debate at the trial.
The trial must inform those present at the trial and the proceedings in absentia in the trial know date, time and location; If the trial had made the announcement that there are participants in the proceedings, the absence of trial still conducted the sentencing under the provisions of article 195 of this law.
Article 192. Back to the question and debate Over debate or deliberation, if found to have details of the case have yet to be reviewed, the questioning has not yet fully or to consider more evidence then the trial decided to return to the question and debate.
Article 193. The authority of the Board of review 1. The Board of review to review the legality of administrative decisions, administrative behavior, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters to be Sue, decided to settle complaints and legal texts concerned.
2. The trial has the right to decide: a) Uncle asked Sue, if the request has no legal base;
b) accepted a part or the whole of the request, in whole or part cancellation claim the decision unlawful administrative decision and resolve relevant complaints (if any); forcing the State bodies or competent people in State agencies, the public service mission in accordance with the law; at the same time propose ways for handling illegal administrative decisions has been cancelled;
c) accept a part or the entire request to sue, claiming the administrative acts are against the law, declared to cancel in whole or in part the decision addressed a related complaint (if any); forcing the State bodies or competent people in State agencies to terminate the unlawful administrative acts;
d) accepts the request, to declare cancellation of disciplinary dismissal is unlawful; forcing the head of the Agency, organization, mission, acts in accordance with the law;
DD) accept a part or the whole of the request, in whole or part cancellation claim settled complaints about the decision to handle the case competition contrary to law; forcing the agency decision-making authority to resolve complaints about the decision to handle the case back-solving competition according to the rules of competition law;
e) accept a part or the entire request to sue; forcing the Agency established revised voters list, the voter list supplements prescribed by law;

g) Forcing the Agency, organization, compensation, restoration of rights, legitimate interests of agencies, organizations, individuals being violated by administrative decisions, administrative behavior, disciplinary dismissal, the decision to handle the incident unlawful competition caused;
h) recommendations to the competent State agencies, the head of the State Agency has the authority to consider the responsibility of State authorities, who have the authority of State bodies.
3. in case of need, the Agency requested the authority to consider, handle administrative documents related to administrative decisions, administrative acts being litigated provisions in clause 1 of article 6 of this Law, the trial court Chief Justice report are resolving it have written request bodies who has the authority to consider, handle administrative documents. In this case, the trial has the right to suspend the trial to wait for the results of the Agency's resolution, authority. Within 30 days of receiving the Court's decision, the Agency has the authority to answer in writing about the results of processing for the Court to do pursuant to the resolution of the case. So this term without getting a written answer of the authorities, who have jurisdiction in the trial have the right to apply the text of the State Management Agency superiors to decide according to the provisions in paragraph 2 of this Article.
4. in case of detection of legal texts relevant to the resolution of the case without signs contrary to the Constitution, the law, the legal text of the Superior State organs, then suspended the trial court under the provisions of article 112 of this Act.
Article 194. The judgment of first instance 1. The Court judgment in the name of Socialist Republic of Vietnam.
2. The verdict included the opening section, the content of the case and the judgment and the decision of the Court, namely: a) In the preamble must specify name of court hearing at first instance; and on the case; of the judgment and the date; they, the names of the members of the Board of review, the Secretary of the Court, the Procurator, the examiner, translator; name, address of the petitioner, who sued, people have rights, obligations involved; the Agency organized the petitioner; the legal representative, who protected the legitimate rights and interests of litigants; Sue object; numbers, days, months, years of the decision to take the case to trial; a public hearing or trial sealed; the time and place of the trial;
b) in the case of content and review by the Court must request the petitioner of the petitioner, to sue the Organization of the Agency; the proposal, which requires independence of people have rights, obligations are concerned.
The Court must be based on the results of litigation, the evidence has been considered at trial to analyze, evaluate, complete, objective judgment about the details of the case, the legal base, the judgment (if any) that the Court apply to accept or not to accept the request , the proposal of the litigants, who protected the legitimate rights and interests of litigants and settle other issues concerned;
c) in the decision must specify the grounds of the law, the decision of the Board of review on each issue must be resolved in the case, on the application of provisional measures, on court fees, the costs of the proceedings and the right to appeal against the judgment; the case has decided to enforce the right must clearly decide that.
3. When the trial of the case in which the judgment or decision has been cancelled in part or in whole according to the decision of Cassation, retrial, the Court must resolve the problem of property, obligations have been executed according to the judgment, the decision has the effect of law but is cancelled and clearly in the judgment.
Article 195. Sentencing trial declared read the judgment available to the litigants. Cases of litigants are present at the trial but was absent when sentencing or absent under the provisions in clause 5 of this Law 191 Thing then the trial declared read the verdict. Case closed hearing under the provisions of paragraph 2 of article 16 of this Law, the trial declared publicly the preamble and the decisions of the judgment.
When sentenced, everyone in the courtroom to stand up, except for special cases, the consent of the presiding. Presiding or another Member of the Board of review declares read the verdict and can explain more about the enforcement of the judgment and the right to appeal.
The case of litigants not to know the Vietnamese after the pronouncement of the judgment, the translator must translate for them to hear the entire case into a language they know.
Article 196. Granted, posted excerpts of judgment, the judgment 1. Within 3 working days from the date of the end of the trial, litigants are excerpts Court judgment.
2. Within a period of 7 days from the pronouncement of the judgment, the Court must grant, submit a project for the litigants and the Procurator at the same level.
3. within 30 days of the expiry of the appeal, the appeal which no appeal or protest, the Court granted, submit the judgment has legal effect for the litigants, the Procuratorate at the same level, the enforcement agencies at the same level, the superior authority of the person being sued.
4. The judgment of the first instance in effect the law of the Court of first instance are published on the electronic portal of the Court (if any), except for the verdict of the Court containing the information prescribed in item 2 Article 96 of this Act.
Article 197. Fix, adding the verdict, the decision of the Court 1. After the verdict, the decision of the Court was issued shall not be corrected, supplemented, except in cases of obvious error detection on spelling, about data by mistake or wrong calculations. Repair text, plugins must be sent immediately to the Court and the Procuratorate of the same litigants; the case of the verdict, the decision has force of law have to send civil enforcement agencies the same level, the superior authority of the person being sued.
2. The repair, replenish the judgment or decision specified in clause 1 of this article by the judge presiding in collaboration with the members of the Board hearing the case or the judge presiding the session implementation. The case of one of the members of the Board of review or the judge presiding the session could not make the repairs, additions, repairs, complemented by the Chief Justice the Court made.
Chapter XII PROCEDURES for RESOLVING COMPLAINTS of ELECTION VOTER LIST DEPUTIES, ELECTION VOTER LIST PEOPLES COUNCIL DEPUTIES, ELECTORAL LIST referendum Article 198. Receiving the petition and the case immediately after receiving the petition on the electoral list, Chief Justice of the court assigned a judge accepting the right of the case.
Article 199. The duration of the case 1. Within 2 days of the case, the judge assigned the case to one of the following decisions: a) decided to take the case to trial;
b) suspended the case and returned the petition.
2. after the decision to take the case to trial, the Court must send the right decision for the litigants and the Procurator at the same level.
3. within 10 days of the decision to bring the case to trial, the Court must open trial.
Article 200. The presence of the litigants, the Procuracy representative litigant, Prosecutor Procurator at the same level must be present at the trial, if absent then the trial still conducted a trial of the case.
Article 201. Apply the provisions of this law, The provisions of this law are applied to solve the case for administrative complaints about the voter list in the case of this chapter are not regulated, except the rules about postponed the trial, sent the case file to the Prosecutor's Research Institute before the Court and the rules of appellate procedure , the Cassation Court, retrial.
Article 202. The effect of the judgment, decided to suspend the case of the Court 1. The judgment, decided to suspend the case addressed complaints about the voter list be enforceable immediately. Litigants have no right of appeal, the Prosecutor does not have the right to protest.
2. The Court must send the right judgement, decided to suspend the case for litigants and the Procurator at the same level.
Chapter XIII APPEALS PROCEDURE section 1 GENERAL PROVISIONS on PROCEDURE of APPEAL Article 203. The nature of the appellate hearing of appeal is the Court of appeal hearing that case verdict, the decision of the Court of first instance is not yet in force the law being the appeal or protest.
Article 204. People have the right to appeal the litigant or the litigant's legal representative has the right to appeal the verdict, the decision to temporarily suspend, suspend the resolving of the first instance court to ask the Court of appeal addressed by the appellate procedure.
Article 205. Appeal 1. When done right, the appeal must make an appeal. An appeal to have the following content: a) the day, month and year of making an appeal;
b Name, address); phone number, fax, e-mail address (if any) of the appeal;
c) appeal all or part of the judgment, the decision of the Court of first instance is not yet in force law;
d) the reason for the appeal and the requests of the appellant;
DD) signature or just point of the appeal.
2. The appellant is qualified individual acts of administrative procedure can himself do the full appeal. In the item name, the address of the appellant in the application must write to them, the name, address of the appeal; at the same time at the end of the appeal, that litigants must sign or point only.
3. The appeals prescribed in clause 2 of this if not the appeal yourself, you can authorize another person representing themselves appeal. In the item name, the address of the appellant in the application must write to them, the name and address of authorized representative of appeal; they, the name, the address of the proxy litigants to appeal and authorized text; at the same time at the end of the appeal, the authorized representative must sign or point only.
4. the legal representative of the litigants, the organization can make an appeal. In the item name, the address of the appellant in the application to record the name, address of the litigants is the Agency Organization; they, the name, the position of the legal representative of the Agency, is held; at the same time at the end of the appeal, the legal representative must sign and seal of the Agency, that organization, the case held the appeal is the use of the seal in accordance with the corporate law.

The case of the representative under the law of that organization, authorize another person to represent the Agency, held the appeal in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative of the appeal; name, address of the litigants is the agency authorized organization; they, the name, the position of the legal representative of the litigants is the Agency, that organization and the authorized text; at the same time at the end of the appeal, the authorized representative must sign or point only.
5. legal representative of litigants are juveniles, who lost the capacity for civil acts can make an appeal. In the item name, the address of the appellant in the application must write to them, the name and address of the representative under the law; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts; at the same time at the end of the appeal, the appellant must sign or point only.
Case of legal representative of the other for the person authorized to represent himself, then appeal in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative and authorized text; they, the name, the address of the legal representative of the authority; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts; at the same time at the end of the appeal, the authorized representative must sign or point only.
6. The authorization provided for in the paragraph 3, 4 and 5 of this document must be notarized, certified, unless otherwise authorized documents that are created at the Court in the presence of judge or who was Chief Justice of the court assigned. In the proxy text must have equivalent content authorization for authorized representative the appeal judgement, decided to temporarily suspend, suspension of the case by the Court of first instance.
7. An appeal must be submitted to the Court of first instance gave judgment, the decision being appealed. The attached appeal appellants submitted documents, additional evidence (if any) to prove his appeal is well-grounded and lawful.
The case of an appeal submitted to the Court of appeal, then the Court must transfer to the Court of first instance in order to conduct the required procedures as specified in article 216 of this law.
Article 206. The time limit for appeal 1. The time limit for appeal against the judgment of the Court of first instance level is 15 days from the date of pronouncement of the judgment; for litigants not to be present at the trial or not present when the judgement that there is good reason, the time limit for appeal from the date the judgment was delivered to them or be listed.
For litigants have joined the trial but absent when the Court sentenced without good reason, the time limit for appeal from the date of pronouncement of the judgment.
2. The time limit for appeal against the decision to temporarily suspend, suspension of the case by the Court of first instance level is 7 days from the date the person has the right to appeal the decision was received or from the date the decision was listed on people's Committee granted the commune where they reside or where the headquarters are in case the person has the right to appeal is the Agency , organization.
3. in case of appeal sent through the postal service, then on appeal is calculated based on the postal services where organizations submit sealed in the envelope. The case of the appellant is detained or arrested, the detention on appeal is on appeal as of confirmation of the authority of the House of the custody, detention camp.
Article 207. Check your appeal 1. After receiving the appeal, the Court of first instance must check the validity of the appeal under the provisions of article 205 of this law.
2. where an appeal expired, the Court of first instance requested the appeal presented clearly the reasons and the present document, the evidence (if any) to demonstrate the reasons for filing the appeal expired is plausible.
3. where an appeal has not yet properly the provisions of article 205 of this law, the Court of first instance requested the appeal again appeal or amend, supplement within 5 working days of receipt of the request of the Court.
4. return the Court of appeal in the following cases: a) the appellant has no right of appeal;
b) appellants not redo an appeal or not, additional appeal though had requested of the Court as defined in paragraph 3 of this article;
c) specified in paragraph 2 of this law, 209.
Article 208. The appeal expired and to review the appeal expired 1. Appeal too the time limit specified in article 206 of the law are the appeal expired. After receiving an appeal expired, the Court of first instance must send an appeal, the appellant's statement of reasons for the appeal and the documents and evidence (if any) to the Court of appeal.
2. within 10 days of receiving an appeal expired and documents, and evidence by the Court of first instance moved to the Court of appeal established the Council consists of 11 judges to consider the appeal expired. The session reviewed the appeal expired the involvement of Procurator at the same level and the appeal expired. The case, the Appeals Court then absent delinquent still conducted the session.
3. Based on the documentation and evidence relevant to the appeal expired, the comments of the litigants to appeal expired, the Procuracy representative at the session, the Board of appeal expired decided by majority of accepting or not accepting the appeal expired and must specify the reasons for the acceptance or non-acceptance of the decision. The Court of appeal must send the decision to the appeal expired, the Procuratorate at the same level and the Superior Court of first instance; If the Court of Appeal accepted the appeal expired, the Court of first instance granted the request to conduct the procedures prescribed in articles 209, 210 and 216 of this law.
Article 209. Advance notice of appeal court fees 1. After the acceptance of a valid appeal, the Court of first instance must notify the appellant to advance their appellate court fees as prescribed by the law, if they are not in the case of exempt or not an advance payment of court fees.
2. within 10 days of receiving the notice of the Court regarding an advance payment of court fees appeal, appellants must submit advance payment of court fees and filed with the Court of first instance receipts advance payment of court fees. This time limit runs out that appellants did not advance the appellate court fees shall be considered as they abandoned the appeal.
When receiving receipts advance court fees of the appeal, the Court must grant them confirmation about getting receipts advance payment of court fees.
The case after the expiry of 10 days from the date of the notice of the Court regarding an advance payment of court fees, the new appeal of appeal submitted to the Court in advance receipts appellate court fees without stating reasons, the Court of first instance requested the appeal within 3 working days from receipt of the request of the Court projects must have text presented reason slowly filed receipts advance court fee appeal filed with the Court of first instance to take on the case file. This case is handled under the procedure of consideration of appeals expired.
Article 210. Notice of appeal 1. When send the case file and an appeal to the Court of appeal, the Court of first instance must immediately notify in writing to the Procuratorate at the same level and the relevant litigants to appeal about the appeal.
2. Litigants are informed of the appeal have the right to submit a written record of his comments about the content of the appeal to the Court of appeal. Record their comments text is put into the case file.
Article 211. The protest of the Prosecutor Prosecutor's Minister the same level and the superior has the right to appeal the verdict, the decision to temporarily suspend the decision to suspend the case of first instance court to ask the Court of appeal addressed by the appellate procedure.
Article 212. Decision the appeal of the Prosecutor 1. Decision the appeal of the Procurator must, in writing and have the following major contents: a) the day, month, year of decision appeal and the number of Appeals decision;
b) name of the Procuratorate decision protest;
c) protest the whole or part of the judgment, the decision of the Court of first instance is not yet in force law;
d) reasons and grounds of the appeal and the request of the Procurator;
DD) them, the name of the person who signed the appeal decision and the seal of the Procurator protest decision.
2. decision the appeal must be sent immediately to the first instance court judgments were decided to be an appeal to the Court of first instance conducted the procedure prescribed in article 216 of this law. Enclose the Appeals decision is documented, additional evidence (if any) to demonstrate to the protest of the Prosecutor is based and legally.
Article 213. The time limit for appeal 1. The time limit for appeal against the judgment of the Court of first instance of the Procuratorate at the same level is 15, by Institute of the superior prosecutor is 30 days from the date of pronouncement of the judgment.
2. The time limit for appeal of the Procuratorate at the same level as for the decision to temporarily suspend the decision to suspend the case of first instance court is 10 days, of the superior Procuratorate directly is 10 days from the day the Procuratorate at the same level receive the decision.
3. When the Court received the appeal decision of the Procuracy which decided that the protest was too time limits prescribed in clause 1 and clause 2 of this Article, the Court of first instance requesting Procuratorate explained in writing and stating the reason.
Article 214. Notice of appeal 1. Procurator protest decision to send immediately decided to appeal to the relevant litigants to appeal.
2. Who was informed of the protest have the right to submit a written record of his comments about the content of the appeal to the Court of appeal. Record their comments text is put into the case file.
Article 215. As a result of the appeal, the appeal 1. Part of the verdict, the decision of the Court of first instance was appealed, the appeal has not been brought to enforce, unless the law is executed immediately.

2. The judgment, decision or part of the judgment, the decision of the Court of first instance cannot be appealed, the appeal shall have the force of law from the date of expiry of the appeal or protest.
Article 216. Send the case file and the appeal, the appeal court of first instance must send the case file, the appeal, the appeal and the documents, and evidence for the Court of appeal within 10 working days from the date of expiry of the appeal and the expiry of the appeal, the appeal submitted to the Court of first instance receipts advance appellate court fees.
Article 217. The case to appeal 1. Shortly after receiving the case file, the appeal decision, the appeal and the documents, evidence, the Court of appeal is to the window handle.
Within 3 working days from the date of the case, the Court must be notified in writing to the litigants and the Procuracy the same level of the court case and the notice on the electronic portal of the Court (if any).
2. the Chief Justice of the Court of appeal established the Council of appellate and assigned a judge trial, presided the session.
Article 218. Change, add, withdraw appeal, appeal 1. Yet circumstances the time limit for appeal under the provisions of article 206 of the law, it has the appeal has the right to change, complement the appeal without being limited by the scope of the initial appeal.
Yet circumstances the time limit for appeal under the provisions of article 213 of this law, the Procurator has the appeal has the right to change, complement the protest without being limited by the scope of the original protest.
2. Before the start of the trial or at the Court of appeal, the appellant has the right to change, complement appeals, Procurator protest decision have the right to change, Supplement, but do not exceed the scope of the appeal, the appeal originally, if the time limit for the appeal, the appeal has expired.
3. Before the start of the trial or at the Court of appeal, the appellants have the right to withdraw the appeal, the Procurator decision protest or procurator supervisor has the right to withdraw the protest.
The Court of appeal suspended for the appeals of the case which the appellant withdrew the appeal or the Procuracy withdrew the protest.
The suspension before the appellate court because the presiding judge decided, at the trial because the trial decision.
4. Changing, supplementing, withdrawal of the appeal, the appeal before the Court must be made in writing and sent to the Court of appeal. The Court of appeal must notify the litigant about changing, supplementing, withdrawal of the appeal or protest; notify the Procuratorate at the same level of changing, supplementing, withdrawal of the appeal.
Changing, supplementing, withdrawal of the appeal, the appeal in the trial must be recorded in the minutes of the trial.
Article 219. Additional new evidence 1. Before the opening of the trial or at the Court of appeal, the appeal, the Procurator protest, people have rights, obligations relating to the appeal, protest, who protected the legitimate rights and interests of litigants have the right to additional new evidence.
2. The Court of Appeal itself or at the request of the litigants to conduct verification of the new evidence was added. The Court may make the verification trustee evidence as specified in Article 92 of this law.
Article 220. The scope of appellate court of appeal only to review the section verdict, the decision of the Court of first instance of appeal, protest or related to the content of the appeal or protest.
Article 221. The time limit for pretrial preparation of appeal except in the case of appeals under the shortened procedure or service project with foreign elements, the time limit for the preparation of appeals judges shall be as follows: 1. Within a period of 60 days from the date of the case, the judge was presiding assigned to one of the following decisions : a) temporarily suspended appellate case;
b) suspend the appellate case;
c) Brought the case to appeal.
2. for the case or due to the complex nature of objective obstacles, the Chief Justice of the Court of appeal may decide to prolong the time limit for pretrial preparation specified in paragraph 1 of this article, but not more than 30 days.
3. within 30 days of a decision bringing the case to trial, the Court had to open the trial of appeal; where there is reason then the deadline is 60 days.
4. Decides to take the case to appeal must be submitted to the Procuratorate at the same level and those relevant to the appeal, the appeal.
5. where the decision to temporarily suspend the appellate case, the time limit for the preparation of appeals to be recalculated from the date of the decision to keep the case of the Court of law.
Article 222. Board composition the Board of appeals including appeals 11 judges, except in the case prescribed in clause 1 Article 253 of this law.
Article 223. The presence of members of the Board of appeals and Court Secretary 1. The trial was conducted only when there are enough members of the Board of review and the Secretary to the Court.
2. The case judge is absent or is unable to continue participating in judging the case but judges attend physically join the trial from the beginning then this person replaced the judge is absent or unable to continue to attend the trial of the case.
3. where there is no judge to attend the alternates to replace members of the Board of review as specified in paragraph 2 of this Article shall have to postpone the trial.
4. where the trial Secretary is absent or unable to continue to participate in the trial that there is no alternative to postpone the trial.
Article 224. The presence of the Prosecutor 1. Prosecutor was Minister Prosecutor same level assigned mission is to participate in the trial. The trial decided to postpone the trial when Prosecutor is absent in the case of Procuracy protested.
2. where the Prosecutor is absent or unable to continue to participate in the trial, but the Prosecutor membership join the trial from the beginning then this person replaced the absence of the Prosecutor joined the case trial.
Article 225. The presence of the litigants, who protected the legitimate rights and interests of litigants, the examiner, interpreter and witnesses 1. The Court convened the first valid, appellants, who have rights, obligations relating to the appeal, protest, the protection of the rights and legitimate interests of them must be present; the event of the absence, the trial adjourned the trial.
The Court informs the appellant, whose rights, obligations relating to the appeal, the appeal and the protection of the rights and legitimate interests of they know about the trial postponed.
2. The Court convened the second valid, appellants, who have rights, obligations relating to the appeal, protest, the protection of the rights and legitimate interests of them must be present at the trial, if not absent because of unforeseen events, the objective obstacles shall be treated as follows : a) to the appellant without the representative participated in the trial shall be deemed abandoned the appeal court and the decision to suspend the trial of appeal for judgment, decision or judgment, the decision of the Court of first instance to have the appeal of the appellant absent;
b) for people who have rights, obligations relating to the appeal, protest, who protected the legitimate rights and interests of litigants, the Court conducted a trial in absentia.
3. The presence of witnesses, the examiner, translator in the Court of appeal made under the provisions of articles 159, 160 and 161 of this Act.
4. where the participants in the proceedings have the proposed single court hearing in absentia, the court conducting the trial of appeal to trial in absentia.
Article 226. The case of the Council of appellate court not, not convene Privy 1. Appellate Council not to open the trial in the following circumstances: a) Considering the appeal, the appeal expired;
b) specified in paragraph 2 of this law, 209; appeal, protest about the court fees;
c) appeal, appeal the decision of the Court of first instance.
2. where the provisions of paragraph 1 of this article, the Board of review is not summoned the litigants, unless the appeal expired the provisions in paragraph 2 of this Law 208 or need to hear their comments. If the person was absent, the Court still conducting the session.
Article 227. Delivery of documents and evidence filed in the Court of appeal 1. Litigants are entitled to deliver additional documents, evidence in the preparation stage of appeals in the following cases: a) The documentary evidence which the Court of first instance have requests but litigants cannot be delivered because there is good reason;
b) documents and evidence which the Court of first instance did not require Privy Affairs filed or litigants could not know was in the process of the case according to the procedure of first instance.
2. procedure to deliver the documents and evidence are made according to the provisions of article 83 of this Act.
Article 228. Temporarily suspend the appellate case 1. The Court of appeal decision to temporarily suspend the appellate case, the consequences of the temporary suspension of appellate case and continued the case to appeals made under the provisions of article 141 and 142 of this Law Thing.
2. The decision to temporarily suspend the appellate case have effect immediately.
3. The decision to temporarily suspend must be sent immediately to the litigants and the Procurator at the same level.
Article 229. Suspend the appellate case 1. The Court of appeal decision to suspend the appellate case in the following cases: a) the case stipulated in art. 143 Articles of this law;
b) return the case an appeal under the provisions of this law that the Court of appeal were accepting the case file;
c) appellants withdrew the entire appeal or Procuratorate to withdraw the entire protest;
d) The appeal was valid for the second that is still absent, except they suggest the trial court absent or case of force majeure events, the objective obstacles;
DD) other cases where the law has specified.

2. where the appeal to withdraw the entire appeal or Procuratorate to withdraw the entire appeal before the Court of appeal decision to take the case to the appellate judges be assigned to preside the trial decision appeals suspension; in case the appeal to withdraw the entire appeals court, Procuracy withdrew the entire appeal after the Court of appeal decision to take the case to the Board of appeals appellate decision appellate suspension.
In this case, the judgment of the first instance decision, the effect of the law on the Court of appeal from the decision to suspend the appellate trial.
3. The case of the appellant to withdraw an appeal section or the Procuratorate to withdraw a portion of appeal the Council of appeal the appellant withdrew the appeal in part, the Procuratorate to withdraw a part of protest and decided to suspend the hearing of the appeal, part of the appeal that the judgment in appeal.
4. where the trial suspended the appellate prescribed in clause 2 of this that judgments, decisions of courts of first instance in one of the cases specified in paragraph 1 of this Law, the 255 Things are recommendations to Chief Justice of the Court of competent jurisdiction to consider under the procedure of Cassation.
5. The decision to suspend shall be sent immediately to the litigants and the Procurator at the same level.
Article 230. The decision to apply, change, cancellation of provisional measures in the course of the case, the Court of appeal has the power to apply, change, cancel the provisional measures prescribed in Chapter V of this law.
Article 231. Turn the case file for the Prosecutor 1. The Court of appeal to move the case file, together with the decision to take the case to trial to the Procuratorate at the same level.
2. The time limit for the research profile of the Procurator at the same level is 15 days from the receipt of the case file; that deadline expired, the Procuracy is charged the case file to the Court.
Article 232. Postponed the trial of appeal 1. The case must adjourn the trial: a) The case prescribed in clause 2 Article 161, paragraph 3 and paragraph 4 Article 223 Article 225, paragraph 1 of this law;
b) members of the Board hearing, the Prosecutor, trial Secretary, interpreter is changed so that there is no alternative right now;
c) examiner is changed;
d) need to verify, collect additional documents and evidence that could not be done immediately at the trial.
2. in case of postponed trial is prescribed in clause 2 Article 159 and 160 of this Law Article 2 clause.
3. The deadline postponed the trial and decided to postpone the trial of appeal made under the provisions of article 163 of this law.
Section 2 PROCEDURES for STARTING the TRIAL of APPEAL Article 233. Appellate procedure 1. Prepare the opening of the trial, the procedure begins the trial of appeal procedure, published material, considering the physical evidence at the appellate trial, deliberation and pronouncement of judgment, fix, additional appellate judgements be made similar to the procedure of first instance trial under the provisions of this law.
2. After the end of the procedure begins the trial of appeal then a member of the Board of appeals judges announced the content of the case, the decision of the Court of first instance and appeal, protest contents.
3. Presiding asked about the following issues: a) Asked the petitioner to have withdrawn the petition or not;
b) asked the Prosecutor had appealed, change, addition, withdrawal of the appeal or protest or not;
c) Asked litigants have to unify with each other about the case or not.
4. in case the appellant withdrew the appeal in part, the Prosecutor withdrew the appeal in part, the Tribunal accepted the withdrawal of the appeal or protest. The case of the appellant, additional Prosecutor new content does not belong to the scope of the appeal, the appeal court did not originally consider content.
5. ask The litigants, the prosecutor about changing, supplementing, withdrawal of the appeal, the appeal in this Court was presiding as follows: a) Asked the petitioner to have withdrawn the petition or not;
b) asked the Prosecutor had appealed, change, addition, withdrawal of the appeal or protest or not.
6. The case of protest, the Procuratorate Procurator stated the views of the Prosecutor to appeal against the decision of the first instance judgment was appealed.
Article 234. The petitioner withdrew the petition before the Court or in the Court of appeals 1. Before the opening of the trial or at the Court of appeal that the petitioner withdrew the petition, the Appeals Board must ask who sued have agreed or not and the case that resolved the following: a) the person being sued does not agree then do not accept the withdrawal of the petition of the petitioner;
b) litigants agree to accept the withdrawal of the petition of the petitioner. The Board of Appeals decision to cancel the judgment of the first instance and to suspend the case. In this case, litigants must still bear court fees of first instance by decision of the Court of first instance and to bear half the appellate court fees as prescribed by the law.
2. where the Board of appeal of the suspension decision resolving the petitioner has the right to sue the case according to the procedure prescribed by this Law if time still.
Article 235. Who sued to modify or cancel the administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, stop, fix the administrative behavior was petitioner 1. Cases of people being sued to modify, cancel the administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition or stop, overcome the administrative acts were initiated concerning the right, the obligation of the organs, organizations, individuals and the petitioner agreed to withdraw the petition , people have rights, obligations relating to independent request agreed to withdraw the request, the Appeals Council to cancel the judgment of the first instance decision and suspension of the case; in the decision of the judgment must indicate the commitment of the litigants to ensure enforcement of administrative judgments.
2. where the person sued modification, cancellation of administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition or stop, overcome the administrative acts were to sue that the amendments, cancellation of the administrative decision, stop, fix the administrative acts which related to the right to , the obligations of agencies, organizations, individuals and they have not been involved in the proceedings at first instance level shall: a) If the petitioner withdrew the petition and who have rights, obligations relating to independent request withdrawal request, the Appeals Council to cancel the judgment of the first instance decision and suspension of the case. In this case the Agency, organization, individuals have rights, obligations related to the modification, cancellation of administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition or stop, overcome administrative behavior was petitioner has the right to sue the administrative case under the General procedure;
b) If the petitioner does not withdraw a petition and who have rights related obligations, there is no independent requirement to withdraw the request, the Appeals Council cancelled the verdict, the decision of the first instance to the trial of first instance. In this case, the Court of first instance to give agencies, organizations, individuals have rights, obligations related to the modification, cancellation of the administrative decision, the disciplinary law of dismissal, the decision addressed complaints about the decision to handle the case competition or stop, overcome the administrative acts were initiated into the proceedings as people have for the rights , the related obligations.
Category 3 LITIGATION in the APPELLATE TRIAL Article 236. The content and method of litigation at the trial and appellate litigation at the trial method of appeal shall be as specified in article 175 of this law.
Article 237. Presentation of the litigants, the Prosecutor in the trial of appeal 1. The case has remained the litigants to appeal or the Procuratorate still hold protest, the presentation at the appellate trial be conducted as follows: a) the protection of the rights and legitimate interests of the appellants presented about the content of the appeal and the grounds of the appeal. Appellants have the right to additional comments.
The case of all litigants are the appeal then the presentation is done in order to protect the legitimate rights and interests of the petitioner's appeal and the petitioner; the protection of the rights and legitimate interests of the person sued the appeal and the person being sued; the protection of the legitimate rights and interests of the people have rights, obligations relating to appeal and who has the rights, the obligations involved;
b) where only the Procurator protest, the Prosecutor presented about the content of the appeal and the grounds of the appeal. The case is appealed, the appeal then the litigants presented about the content of the appeal and the grounds of appeal before, then the Prosecutor presented about the content of the appeal and the grounds of the appeal;
c) Who protect the rights and legitimate interests of other litigants are relevant to the appeal, the appeal presented comments on the content of the appeal or protest. Litigants have the right to additional comments.
2. where the litigants do not have people protecting the legitimate rights and interests, their comments on the content of the appeal, the appeal and his proposal.
3. At the appellate trial, litigants, the Prosecutor has the right to present additional documents and evidence.
Article 238. Pause Pause The appellate court of appeal made under the provisions of article 187 of this Act.
Article 239. At the trial of appeal 1. In the appellate court, the litigants, who protected the legitimate rights and interests of litigants are only debating the issues in appeal and scope have been asked at the appellate trial.
2. The order of speaking when the debate is done as follows: a) the protection of the rights and legitimate interests of the appellants presented. Appellants have the right to additional comments;
b) Who protect the legitimate rights and interests of litigants to argue, for answers. Litigants have the right to additional comments;
c) The litigants responses under the control of the presiding;

d) When it deems necessary, the Board of review may require the parties privy to additional debate about specific problems to make the base of the case.
3. The order of arguments for the appeal of the Procuracy shall be as follows: a) the protection of the legitimate rights and interests of litigants about the legality, the base for the protest of the Prosecutor. Litigants have the right to additional comments;
b) Prosecutor stated opinions about the issues that people protect the legitimate rights and interests of litigants, litigants have stated.
4. where the litigants do not have people protecting the legitimate rights and interests of his or her self, they argue.
5. in case of absence of one of the parties involved and participants in other proceedings, the presiding must announce their testimony on the basis that litigants are present at the discussion and for answers.
Article 240. Speaking of the Prosecutor at the Court of appeal after the participants in the proceedings and debate speech for response, the Prosecutor stated opinion of the Procurator of the obey the law in the process of resolving administrative cases in the appellate stage.
Shortly after the end of the trial, the Prosecutor must submit a written statements of opinion for the Court to save into the case file.
Article 241. The authority of the Board of appeals 1. Your doctor to appeal, protest and keep the decision of a Court of first instance.
2. This page in part or in whole the judgment of first instance if the Appeals Court decided not to correct the law in the following cases: a) The proved, collecting evidence have made adequate and in accordance with the provisions of Chapter VI of this law;
b) demonstrating, collecting evidence is not yet fully realized at first instance but at the appellate court was added in full.
3. To cancel the judgment of the first instance and move the case file to the Court of first instance hearing in case of serious infringement proceedings or to gather important new evidence that the Court of appeal could not immediately be additions.
4. To cancel the judgment of the first instance and to suspend the case if in the course of the trial of first instance having one in the case prescribed in clause 1 Article 143 of this Act.
5. Suspension of the appellate court, if the appellate case need to present the appeal and they were duly convened to the second that is still absent. In this case the verdict of first instance to have the rule of law.
6. in case of need, the Agency requested the authority to consider, handle administrative documents specified in clause 1 of article 6 of this Law, the trial has the right to suspend the trial to wait for the results of the Agency's resolution, authority and reporting the Chief Justice the Court has written request bodies who has the authority to consider, handle administrative documents. Within 30 days of receipt of the text of the Court, the competent authority must reply in writing about the results of processing for the Court to do pursuant to the resolution of the case. So this term without getting a written answer of the authorities, who have jurisdiction in the trial have the right to apply the text of the State Management Agency superiors to resolve the case.
7. in case of detection of legal texts relevant to the resolution of the case the Administration signs contrary to the Constitution, the law, the legal text of the Superior State organs, the trial court are Chief Justice recommends resolving that make recommendations or suggest authority under the provisions of article 112 of the law the implementation of this recommendation. In this case, the trial suspended the trial to wait for the opinion of the Chief Justice of the Court or the temporary suspension of the case when the text of recommendations of the Chief Justice of the Court of competent jurisdiction.
Article 242. The appellate judgment 1. The Board of review appeal judgments appeal on behalf of the Socialist Republic of Vietnam.
2. appellate judgments include: a) preamble;
b) the content of the case, appeal, appeal and review;
c) portion of the decision.
3. in the opening section should specify the name of the Court of appeals; and on the case; of the judgment and the date; they, the names of the members of the Board of review, the Secretary of the Court, the Procurator, the examiner, translator; name, address of the petitioner, who sued, people have rights, obligations are concerned, the Agency held Sue; the legal representative, the protection of the rights and legitimate interests; the Appeals Court, Procuracy protested; a public hearing or trial sealed; the time and location of the trial.
4. in the content section of the case, appeal, appeal and review should summarize the content of the case, the decision of the Court of first instance; the content of the appeal or protest.
The Court must be based on the results of litigation, the evidence has been considered at trial to analyze, evaluate, review on appeal, protest, the details of the case, the settlement, the trial of the first instance court, the legal base, the judgment (if any) that the Court apply to accept or not accept the appeal protest and resolve other issues involved.
5. In the decision must specify the grounds of the law, the decision of the Board of review on each issue must be resolved in the case, on the application of provisional measures, on first instance, appellate court fees, the costs of the proceedings (if any).
6. When the trial of the case in which the judgment or decision has been cancelled in part or in whole according to the decision of Cassation, retrial, the Court must resolve the problem of property, obligations have been executed according to the judgment, the decision has the effect of law but was cancelled.
7. the appellate judgment in force the law from the date of pronouncement of the judgment.
Article 243. The procedure of appeal against the decision of the Court of first instance was appealed, the appeal 1. The Court of appeal is held and a decision to resolve the appeal, the appeal within 15 days of receiving the appeal, the appeal.
2. A member of the Board of review appellate decision being appealed, the appeal presented a summary of the content of the first instance decision was appealed, the appeal, the contents of the appeal, the appeal and the documents, and evidence (if any).
3. appeal litigants are invited to join the session presented comments on the appeal, if absent then the trial still conducted the session.
4. Prosecutor Procurator at the same level joins the session of appeals and statements of opinion regarding the resolution of the appeal, the appeal before the Board of appeals decisions. The trial decision adjourned the session when the absence of the Prosecutor in case the Procuracy protested.
5. When reviewing the decision of the Court of first instance was appealed, the appeal, the Board of appeal has the right to: a) hold the decision of the Court of first instance;
b) page decision of the Court of first instance;
c) Cancelled the decision of the first instance court and transfer the case to the first instance court to continue the case.
6. the appellate decision has the force of law from the date of the decision.
Article 244. Send the judgment, the appellate decision 1. Within 30 days from the date of the judgment, the appellate decision, the Court of appeal must send the judgment, the appellate decision for the litigants, the Procurator and the Court has resolved the case at first instance, the Procuratorate at the same level, the enforcement agencies have the authority and the superior Agency of the person being sued.
2. The judgment of the appellate court of appeal are published on the electronic portal of the Court (if any), except for the verdict of the Court containing the information prescribed in item 2 Article 96 of this Act.
Chapter XIV RESOLVING PROCEDURAL ADMINISTRATIVE EXHAUSTION in COURT 1 RESOLVING the SHORTENED PROCEDURE in COURTS of FIRST INSTANCE Article 245. The scope of application of the shortened procedure 1. The shortened procedure in administrative procedure as the procedure for resolving the Administration when the conditions prescribed by this law aims to shorten the time and procedures compared with the procedure for resolving common administration but still ensure resolving true law.
2. The Court applies the provisions of this chapter, the application of the other provisions of this law are not contrary to the provisions of this chapter to solve the case under the shortened procedure.
3. where the legislation of the administrative grievance provisions apply reduced procedure shall follow the provisions of this law.
Article 246. Conditions apply simplified procedure 1. The case was settled under the shortened procedure when the following conditions: a) the simple details, documents and evidence in full, clear, sure enough the base case and the Court does not have to collect the documents and evidence;
b) litigants have a residence address, clear headquarters;
c) no privy to reside abroad, except in the case of overseas litigants have agreements with litigants in Vietnam suggest the Court resolved under the shortened procedure.
2. In the course of the case under the shortened procedure, the Court decision to move the case to settle according to the usual procedures if in one of the following cases: a) the new details that the litigants do not and need not verify, gather more documentation evidence or the need to conduct the evaluation;
b) need property valuation if the litigant is not uniform on the price;
c) need to apply provisional measures;
d) has incurred, the related obligations;
DD) arise independent request;
e) arise litigants domiciled abroad that need to perform authorization, except in cases specified in point c of paragraph 1 of this article.
3. in case of transfer of the case to resolve the procedural time limit normally prepare the trial of the case be counted back from the date of the decision to transfer the case to settle according to the usual procedure.
Article 247. The decision to take the case to resolve under the shortened procedure 1. Within 30 days from the date of the case under the provisions of article 125 of this Act, the judge assigned the case to the decision to take the case to resolve under the shortened procedure and court hearing within 10 days of the decision.
2. Decides to take the case to resolve under the shortened procedure must have the following major contents: a) the day, month, year of decision;

b) Name the Court decision;
c) case to be brought under the shortened procedure resolution;
d) name, address; fax number, electronic mail (if available) of the petitioner, who sued, people have rights, obligations involved;
DD), last name, judge, court clerk, Prosecutor; They name, judge, Prosecutor membership (if any);
e) day, month, year, hours, location, open the trial;
g) public hearing or trial sealed;
h), last name, who was summoned to join the trial.
3. The decision to take the case to resolve under the shortened procedure must be sent to the litigants and the Procuracy along the same level the case file immediately after the decision. Within 3 working days from receipt of the case file, the Procuracy research and return the case file to the Court.
Article 248. Complaints, Petitions and complaints, recommendations about the decision to take the case to resolve under the shortened procedure 1. Within 3 working days from the date of the decision to take the case to settle according to the procedures of the Court, litigants have the right to complain, the Procuratorate at the same level have the right to petition to the Chief Justice of the Court decision.
2. within 10 working days of receiving a complaint, the recommendations of the decision to take the case to resolve under the shortened procedure, Chief Justice of the Court to one of the following decisions: a) kept the decision to put the case to resolve under the shortened procedure;
b) Cancelled the decision to take the case to resolve under the shortened procedure and move the case to settle according to the usual procedure.
3. decision on complaint resolution, the recommendations of Chief Justice of the Court is final and must be sent immediately for the litigants, the Procuratorate at the same level.
Article 249. The trial under the shortened procedure 1. The hearing of the administrative case of first instance under the shortened procedure because a judge made.
2. The judge conducts the trial opening procedure according to the provisions of article 169 of this Act.
3. after the opening of the trial, the judge conducting the dialogue, except not conducted dialogue was prescribed in article 135 of this law. The case involved agree with each other about the case, the judge set the minutes of the dialogue and decision-making recognized the results of the dialogue according to the provisions of article 140 of this law. Cases of litigants not to unify with each other about the case, the judge conducting the trial.
The presentation, debates, responses, proposals on the point of resolving is done according to the rules in section 3 of chapter XI of this law.
4. The case at trial which arises new details specified in item 2 Article 246 of the law makes the case is no longer eligible to apply simplified procedures, the judge considered, decided to move the case to settle according to the usual procedure and time limit for pretrial preparation are recalculated according to the provisions in paragraph 3 Article 246 of the law.
Article 250. The effect of judgments, decisions under the shortened procedure 1. The verdict, the decision of the Court of first instance under the shortened procedure may be appealed, the protest to ask the Court of appeal settled under the shortened procedure of appeal.
2. The judgment, decided under the shortened procedure may be subject to appeal under the procedure of Cassation, a retrial under the provisions of this law.
Section 2 of the CASE the SHORTENED PROCEDURE UNDER the ADMINISTRATIVE COURT of APPEAL Article 251. The time limit for the appeal, the appeal against the judgment, decision by the shortened procedure 1. The time limit for appeal against the judgment, the decision of the Court of first instance under the abridged procedure is 7 days from the pronouncement of the judgment. Cases of litigants not to be present at the trial, the appeal period calculated from the date of the judgment, the decision is delivered to them or be listed.
2. The time limit for appeal against the judgment, the decision of the Court of first instance under the shortened procedure of the Procuratorate at the same level as July, of the superior Procuratorate directly is 10 days from the date of the judgment or decision.
Article 252. The time limit for pretrial preparation of appeal 1. Within 30 days from the date of the case, the case, the Court of appeal issued a decision in the following: a) Temporarily suspend the appellate case;
b) suspend the appellate case;
c) Brought the case to appeal.
2. Decides to take the case to appeal must have content specified in paragraph 2 to article 247 of the Act.
3. The decision to take the case to appeal must be sent to those who are relevant to the appeal, the appeal and the Procuratorate at the same level attached to the case file. Within 5 working days of receipt of the case file, the Procuracy research and return the case file to the Court.
The court case decision to transfer the case to settle according to the normal procedure as stipulated in paragraph 2 of this law, 246 Thing then the time limit for pretrial preparation of the case is calculated according to the provisions in paragraph 3 Article 246 of the law.
4. The case has decided to temporarily suspend the appellate case, the time limit for the preparation of appeals to be recalculated from the date of the decision to cancel the decision to temporarily suspend the Court's case law takes effect.
Article 253. The procedure of appeal against the verdict, the decision of the Court of first instance to resolve under the shortened procedure being appealed, the appeal 1. The appellate administrative case under the shortened procedure because a judge made. Within 15 days from the date a decision bringing the case to trial, the judge must open the appellate trial.
2. The trial present litigants, Prosecutor Procurator at the same level. The case of the absence of the Prosecutor, the trial still conducted trial, except in cases of Procurator protest appeal.
Cases of litigants were summoned that absence without valid reason or has had an application for a trial in absentia, the judges still conduct the trial.
3. The judge presented a summary of the content of the first instance decision verdict was appealed, the appeal, the contents of the appeal, the appeal and the documents, and evidence (if any).
4. The protection of the legitimate rights and interests of litigants, litigants presented additional comments about the content of the appeal, the appeal, argued, in response, proposed for his views on the resolution of the case.
5. After the end of the debate and responses, the Prosecutor stated opinion of the Procurator of the obey the law in the process of resolving administrative cases in the appellate stage.
6. When considering the verdict, the decision of the Court of first instance was appealed, the appeal, the judge has the following rights: a) retained the verdict, the decision of the Court of first instance;
b) Fix the verdict, the decision of the Court of first instance;
c) Cancelled the verdict, the decision of the first instance court and transfer the case to the Court of first instance to resolve the case under the shortened procedure or under the normal procedure is not enough if the conditions addressed by the shortened procedure;
d) Cancelled the verdict of first instance and the suspension of the case;
DD) suspend the appellate and the judgment at first instance.
7. The judgment of the appellate decision has the force of law from the date of judgment or decision.
Chapter XV the PROCEDURE of CASSATION Article 254. The nature of Cassation is cassation review of judgments, the Court's decision has the effect of law, but lost the appeal Cassation when base is specified in Article 255 of the Act.
Article 255. The base, conditions for protest under procedure of Cassation 1. The verdict, the decision of the Court has in effect been law protest under procedure of Cassation when one of the following bases: a) the conclusions of judgements, decided not to match the details of the case harm to the rights, legitimate interests of litigants;
b) serious infringement proceedings makes litigants do not make a right, obligation, proceedings leading to the right, their interests are not protected as prescribed by law;
c) there is a mistake in the application of the law leads to the judgment, decided not to correct damage to the rights, legitimate interests of litigants, public interests, the interests of the State, the rights, legitimate interests of a third person.
2. People have the right to protest provisions of article 260 of this Act to appeal the verdict, the decision of the Court was in effect the law when there is one of the grounds specified in paragraph 1 of this article and have the menu of the proposal according to the provisions of article 257 Article 258 of this Act and unless infringe public interests, the interests of the State, the rights, legitimate interests of third persons are not required to have a single proposal.
Article 256. Judgments, the decision was legally reviewed under the procedure of Cassation 1. Within a period of 1 year from the date of the judgment, the decision of the Court of law, if found to have one of the grounds specified in paragraph 1 of this Law 255 Thing then the litigants have the right to propose in writing with people who have the right to protest provisions in Article 260 of the Act to consider the protest under procedure of Cassation.
2. in case the Court, Procuracy agencies, organizations, or individuals found to have one of the grounds specified in paragraph 1 of this Law, the 255 Things to notice in writing to the person who has the right to protest provisions of article 260 of this Act.
3. The Chief Justice the Court granted the petition with the people's Court Chief Justice or the Chief Justice of the Supreme People's Court, the Chief Justice of the high people's court petition the Chief Justice of the Supreme People's Court reviewed the protest under procedure of Cassation judgement, the Court's decision was in effect the law if found to have one of the grounds specified in clause 1 Article 255 of this Act.
Article 257. Petition to review the verdict, the decision of the Court has legal effect under procedure of Cassation 1. Petition to have the following content: a) the day, month, year of make recommendations;
b) the name, address of the proposal;
c) Name judgments, the Court's decision was in effect the law suggested the review under the procedure of Cassation;
d) reasons and proposed base, required by the proposal;

DD) Who suggest that individual must sign or point only; the proposal is the Agency, organization, the legal representative of the Agency, the organization that must be signed and stamped on the bottom menu. The case suggested organization is the use of the seal is made according to the regulations of the corporate law.
2. The proposal to submit the enclosed judgment, the decision of the Court has legal effect; documentary evidence (if any) to justify his request is based.
3. Application and documents and evidence be sent to the person who has the right to protest under procedure of Cassation stipulated in article 260 of this Act.
Article 258. Procedure for receiving and considering the menu suggestions, notices, petitions to review the verdict, the decision of the Court has legal effect under procedure of Cassation 1. The Court, Procurator accepting recommendations by litigants filed directly in court, procurator or sent through the postal service and to log receipt, certificate level got the menu for litigants. Filing date is counted from the day the litigants in the court filing, the Prosecutor or the date marked the Organization's postal services where posted.
The case of the notice, the Agency's recommendations, the Organization, the individual provisions in clause 2 and clause 3 of this Law, the 256 Thing the Court, procurator must be on the shared acceptance to solve.
2. The Court, Procurator accepting the petition when it has enough content and accompanying documents prescribed in article 257 of this law. The Court, the Prosecutor may request the addition of content equivalent documents in the case are incomplete. Cases of litigants not to comply with additional requirements, the courts, the procurator notice in writing to return the suggested menu for litigants and notes on receipt.
3. People have the right to protest under procedure of Cassation Division who are responsible for conducting simple studies, communications, recommendations, case file and report who has a right to protest considered decision. The absence of notice of appeal in writing to the Privy, agencies, organizations, individuals with written notice, petition.
The Chief Justice of the Supreme People's Court assignment judge of the Supreme People's Court, the Minister the Supreme People's Prosecutor assigned Prosecutor Supreme People's Procuracy of single studies, communications, recommendations, case file and report the Chief Justice of the Supreme People's Court Director, the Supreme People's Procuracy consideration, decided to protest. The absence of protest, the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy himself or authorized for judges of the Supreme People's Court, Prosecutor Supreme People's Procurator notice in writing to the Privy, agencies, organizations, individuals with written notice , recommendations.
Article 259. Supplements, verify the documents and evidence in the procedure of Cassation 1. Litigants are entitled to provide documents and evidence for the Court, the Procurator has the competence to review under the procedure of Cassation, if the documents and evidence it has not yet been granted Court of first instance, the Court of appeal asked litigants filed or delivered have requests but litigants cannot be delivered because of the reason or the document evidence that the litigants could not know was in the process of settling the case.
2. In the process of settling petition, Court of Cassation, the Prosecutor has the right to ask who has the single supplement document, evidence or test it yourself, verify the documents, evidence of need.
Article 260. People have the right to protest under procedure of Cassation 1. The Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate have the right to protest under procedure of Cassation judgment, the decision has force of law senior people's Court; the verdict, the decision has force of law of other courts when it deems necessary, except for the decision of the Council of judges of the Supreme People's Court.
2. the people's Court Chief Justice, Chief Procuratorate Institute senior people have the right to protest under procedure of Cassation judgment, the decision has force of law the provincial court, the District Court within the territorial jurisdiction.
Article 261. Delayed, temporarily suspended enforcement of the judgment, the decision has force of law 1. People have the right to protest the verdict, the decision has force of law the Court has the right to postpone the enforcement of the judgment, decided to consider the protest under procedure of Cassation. Postpone the time limit not to exceed 3 months.
With regard to the decision of the civil section in the verdict, the decision of the Court, the people have the right to protest have the right to request a civil enforcement agency to postpone enforcement of the judgment under the provisions of the law on the enforcement of civil judgments.
2. Who protest under procedure of Cassation judgment, the decision has force of law have the right to decide to temporarily suspend the enforcement of the judgment, that decision until the decision of Cassation.
Article 262. Decision the appeal cassation appeal Cassation decision must contain the following major contents: 1. Numbers, days, months, years of Appeals decision;
2. The position of the Appeals decision;
3. the number, day, month, year of judgment, the decision has force of law being protested;
4. the decision of the judgment, the decision has force of law being protested;
5. Comments, analysis of the offense, mistakes of judgment, the decision has force of law being protested;
6. Pursuant to the law to decide the appeal;
7. decision the appeal in whole or in part the judgment, the decision has force of law;
8. The name of the competent court of Cassation case;
9. Proposal of the protest.
Article 263. The time limit for appeal under the procedure of Cassation 1. People have the right to protest under procedure of Cassation are right to protest within a period of 3 years from the date of the judgment, the decision of the Court of law.
2. The time limit for appeal the civil part of the judgment, the Court's administrative decisions made under the provisions of the law on civil procedure.
Article 264. Send a cassation appeal decisions 1. Decision the appeal of Cassation must be sent immediately to the Court issued the verdict, the decision has force of law be protest, litigants, civil enforcement agencies have the authority and other people have rights, obligations relating to the content of the appeal.
2. in case of the Chief Justice of the Supreme People's Court or the Chief Justice of the high people's Court appeal decided the appeal in the same case file must be sent immediately to the Procuratorate at the same level. Within 15 days of receiving the case file research Procuracy and transfer the case file to the competent court of Cassation.
3. where the Minister the Supreme People's Procuratorate or a people's Procuratorate Director Senior appeal decided the appeal must be sent immediately to the competent court of Cassation.
4. in case of the Chief Justice of the Supreme People's Court of Appeal judgment, the decision has force of law of other courts as stipulated in paragraph 1 of this Law, the 260 Articles have the authority delegated to the senior people's Court trial under procedure of Cassation.
Article 265. Change, addition, withdrawal of the appeal 1. Who protest of Cassation have the right to change, complement appeals decision, if not over the time limit for appeal specified in article 263 of this Act.
2. Before opening the trial or at the trial, the appeal has the right to withdraw the protest. The withdrawal of the appeal before the Court must be made in writing and submitted according to the provisions of article 264 of this law. The withdrawal of the appeal in the trial must be recorded in the minutes of the trial and the trial of Cassation decides to suspend a trial of Cassation.
Article 266. Cassation jurisdiction 1. The Committee of judges senior people's Court of Cassation judgment, the decision has force of law the provincial court, the District Court within the jurisdiction of the territory of being an appeal as follows: a) the Committee of the people's Court judges senior trial of Cassation by the Board of review consisting of 3 judges for judgments the decision of the provincial court, the District Court has the law been protest under procedure of Cassation;
b) the whole of the Committee of the people's Court judges senior trial of Cassation against judgements and decisions of the Court of law stipulated in art. this but complex nature or judgment, the decision was the Committee of people's Court judges senior trial of Cassation by the Board of review consisting of 3 judges but not achieve unity when voted through a decision on the resolution of the case.
2. The Council of judges of the Supreme People's Court of Cassation judgment, the decision has force of law senior people's Court appeals were as follows: a) the Council of judges of the Supreme People's Court of Cassation hearing by the Board of review consisting of 5 judges for judgments the decision of the senior people's Court were the protest under procedure of Cassation;
b) whole the Council of judges of the Supreme People's Court trial of Cassation against judgements and decisions having force of law specified in point a of this paragraph but complex nature or judgment, the decision was the Council of judges of the Supreme People's Court of Cassation hearing by the Board of review consisting of 5 judges but does not achieve the unity When voted through a decision on the resolution of the case.
3. complex cases specified in point b of paragraph 1 and point b paragraph 2 this is the case in one of the following cases: a) the provisions of the law on the issue to be addressed in the case unclear, not yet applied guidance;
b) evaluating the evidence, apply the law has many different opinions;
c) the resolution of the case relating to the public interest, the interests of the State, protect the human rights, citizenship is social criticism of special interest.
4. the people's Court Chief Justice high level review, decided to organize a trial of Cassation in the case prescribed in clause 1 of this article. The Chief Justice of the Supreme People's Court review, decided to organize a trial of Cassation in the case prescribed in clause 2 of this Thing.

5. where the judgment, the decision was in effect the law about the same case the same administrative jurisdiction of Cassation level higher people's Court and the Supreme People's Court, the Supreme People's Court has jurisdiction of Cassation the entire case.
Article 267. Participants in the trial of Cassation 1. Court of Cassation must have the participation of the Procurator at the same level.
2. When it deems necessary, the Court summoned the litigants, legal representative, who protected the legitimate rights and interests of litigants, who participated in the proceedings related to the appeal involved a Court of Cassation. Case they are absent at the trial, the trial of Cassation is still conducting the trial.
Article 268. The time limit for open trial of Cassation within 60 days of receiving the appeal accompanied by case, the competent court of Cassation must open trial.
Article 269. Prepare a Court of Cassation Chief Justice the court assigned a judge made a presentation about the case at the trial. A brief presentation of the content of the case and the verdict, the decision of the Court level, the content of the appeal. Presentations must be sent to the members of the Board of review Cassation is the latest 7 days before the Court of Cassation.
Article 270. Court of Cassation procedure 1. After the opening of the trial, presided by a member of the Board of review Cassation presented a summary of the content of the case, the process of trial of the case, the decision of the verdict, the decision of the Court has in effect been protest, law the grounds, to protest and proposal of the protest. Case the Procuracy protested the Procuracy representative presented the content of protest.
2. Litigants, legal representative, who protected the legitimate rights and interests of litigants, the participants in the proceedings are the court summons to the Court of Cassation presented comments on the issue that the trial of Cassation requests. Case they are absent but have written opinions, the trial of Cassation announced their opinions.
3. the Procuracy representative statements of opinion about the protest and the decision of the case.
Shortly after the end of the trial, the Prosecutor must submit a written statements of opinion for the Court to save into the case file.
4. The members of the Board of review Cassation statements of opinion and discussion. The trial of Cassation deliberation, voting on the resolution of the case and decide on the content of the case at the trial. The deliberation must be done according to the principles specified in article 191 of this Act.
5. The Committee of the people's Court judges senior trial as stipulated in art. 266 of this Law Thing, then the decision of the Board of review must be all members join the Board voted approval.
The case for trial in accordance with point b paragraph 1 Article 266 of this Act, the Tribunal's judges Committee high level people's Court must have at least two thirds of the total number of participants; the decision of the Committee of judges must be half the total number of voting members.
6. The Council of judges of the Supreme People's court hearing as defined in point a of paragraph 2 of this Law 266 Thing then the decision of the Board of review must be all members join the Board voted approval.
The case hearing as defined in point b of this Law 266 Article 2, clause then the trial of the entire Board of judges of the Supreme People's Court must have at least two thirds of the total number of participants; the decision of the Council of judges must be half the total number of voting members.
Article 271. The scope of Cassation 1. The trial of cassation review only the decision of judgment, the decision has force of law being protested or relevant to the consideration of the content of protest.
2. The trial of Cassation have the right to review decisions of the judgment, the decision has force of law not to protest or not relevant to the content of the appeal, if the decisions that infringe on public interests, the interests of the State, the rights, legitimate interests of third persons are not the litigants in the case.
Article 272. The authority of the Board of Directors of appeals 1. Not to accept the appeal and uphold the judgment, the decision has force of law.
2. Cancel the verdict, the decision has force of law be protest and keep the judgments, the right decision under the Court's law has been cancelled or is this page.
3. Cancel the verdict, the decision has force of law was to protest the trial of first instance or appeal.
4. Cancellation of the verdict, the decision of the Court has settled the case and suspend the resolution of the case.
5. Edit a part or the whole of the judgment, the Court's decision has the effect of law.
Article 273. To cancel the judgment, the decision has force of law be protest and keep the judgments, the right decision under the Court's law has been cancelled or is this page of trial of Cassation decision cancelled the verdict, the decision has force of law be protest and hold the judgment the Court's decision, issued under the law the right to a trial, but has been the judgment, the decision has force of law be cancelled, protest modify in part or in whole.
The case of the verdict, the decision of the Court was to be enforced in whole or in part, then the trial of Cassation must address the consequences of the enforcement of the judgment.
Article 274. To cancel the judgment decision has legal effect was to protest the trial of first instance or appellate review of trial of Cassation decision cancelled the verdict, the decision has force of law was to protest the trial of first instance or appellate leave in the following cases : 1. The collection of evidence and proofs have not made full improper or the provisions of Chapter VI of this law;
2. The conclusions of judgements, decided not to match the details of the case or there are serious mistakes in the application of the law;
3. The composition of the trial of first instance or appeal is not properly regulated by this law or other serious violation of the proceedings.
Article 275. Cancellation of the verdict, the decision of the Court has settled the case and suspend the resolving of trial of Cassation decision cancelled the verdict, the decision of the Court has settled the case and suspend the resolution of the case, if during the trial at first instance, the appeals judges have in the case prescribed in clause 1 Article 143 of this Act. Superior Court of Cassation handed back the case file to the Court was hearing appeals to return the petition of the same material, and evidence for the petitioner, if requested.
The case of the verdict, the decision of the Court was to be enforced in whole or in part, then the trial of Cassation must address the consequences of the enforcement of the judgment.
Article 276. This page in part or the whole of the judgment, the Court's decision has the effect of law 1. The trial of Cassation decision to edit a part or the whole of the judgment, the Court's decision has legal effect when the following conditions: a) document, the evidence in the case file was complete, clear; There are enough grounds for clarifying the details of the case;
b) this judgment, the decision being the protest does not affect the rights, the obligations of agencies, organizations, and individuals.
2. where the judgment, the Court's decision has to be enforced in whole or in part, then the trial of Cassation must address the consequences of the enforcement of the judgment.
Article 277. The decision of Cassation 1. The trial of Cassation the decision of Cassation on behalf of the Socialist Republic of Vietnam.
2. The decision of Cassation must have the following content: a) the day, month, year and place of hearing;
b) Them, the names of the members of trial of Cassation. Case of trial of Cassation is the Committee of people's Court judge or Senior Council of judges of the Supreme People's Court shall record them, name, position of presiding and the number of participants to trial;
c), last name, Secretary of the trial, the Prosecutor participated in the trial;
d) the name of the case that the Council put off a trial of Cassation;
DD) name, address of the litigants in the case;
e) summarize the contents of the case, the decision of the judgment, the decision has force of law being protested;
g) decide to appeal, the reasons for the protest;
h) review of the trial of Cassation in which to analyze the grounds for acceptance or non-acceptance of an appeal; the Board's reasoning process of Cassation about the legal problems posed and solved in the case (if any);
I) points, account, articles of the law on administrative proceedings that the trial of Cassation pursuant to decision;
k) the decision of the Board of review Cassation.
3. The decision of the Board of review Cassation of Council of judges of the Supreme People's Court should have argued to clarify the provisions of the law also has different interpretation; analyze, explain the problem, legal facts and pointing out the cause, the way of handling, legal need apply (if any).
Article 278. The effect of the decision of Cassation the decision of Cassation law takes effect from the date of the trial of Cassation decision.
Article 279. Submit the decision of Cassation within 5 working days from the date of the decision, the trial of Cassation must submit the decision of Cassation for the agencies, organizations, individuals: 1. Litigants;
2. The Court judgment, the decision was in effect the law be cancelled, protest, being this page;
3. the Procurator at the same level and the Procurator authorized enforcement prosecutor;
4. civil enforcement agency has jurisdiction;
5. The Agency's direct superior who sued.
6. The decision of Cassation is Cassation Court announced on the electronic portal of the Court (if any), except for the decision of the Court containing the information prescribed in item 2 Article 96 of this Act.
Chapter XVI RETRIAL PROCEDURE Article 280. The nature of retrial

A retrial is review of the verdict, the decision has force of law but were protesting because the newly discovered can make fundamental changes the content of the judgment, that the Court decision, litigants do not know when the Court judgment, that decision.
Article 281. Grounds for protest under procedure of a retrial verdict, the decision of the Court has in effect been law protest under retrial procedure when one of the following bases: 1. New findings are important details of the case which the Court, litigants could not know was in the process of resolving;
2. Have the basis to prove the examiner's conclusion, the words of the translator is not true or have falsified evidence;
3. The judge, jurors, Prosecutor deliberately falsify the case file or the deliberate conclusion contrary to law;
4. The verdict, the decision of the Court or the State Agency's decision that the Court base on which to resolve the case have been canceled.
Article 282. Inform and verify the newly discovered 1. Litigants or agencies, organizations, and individuals when new details of the case have the right to recommend in writing to the person who has the right to protest provisions of article 283 of the Act to consider the protest under procedure of a retrial.
2. in case of discovered new details of the case, the Prosecutor, the Court must be notified in writing to the person who has the right to protest provisions of article 283 of the Act.
3. in case of discovered new details of the case, Chief Justice of the Court to grant the petition to the Chief Justice or the high people's Court with the Chief Justice of the Supreme People's Court, the Chief Justice of the high people's court petition to the Chief Justice of the Supreme People's Court to consider protest under procedure of a retrial.
Article 283. People have the right to protest under retrial procedure 1. The Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate have the right to protest under procedure of a retrial verdict, the decision has force of law senior people's Court; the verdict, the decision has force of law of other courts when it deems necessary, except for the decision of the Council of judges of the Supreme People's Court.
2. the people's Court Chief Justice, Chief Procuratorate Institute senior people have the right to protest under procedure of a retrial verdict, the decision has force of law the provincial court, the District Court within the jurisdiction of the territory.
3. People have protested the verdict, the decision has force of law have the right to decide to temporarily suspend the enforcement of the judgment, that decision until the retrial decision.
Article 284. The deadline to protest under retrial procedure the time limit for protest under procedure of a retrial is 10 years from the date the person has the right to protest knows the grounds for protest under retrial procedure the provisions of article 281 of this Act.
Article 285. The Board's jurisdiction of retrial 1. Not to accept the appeal and uphold the judgment, the decision has force of law.
2. Cancel the verdict, the decision has force of law to the trial of first instance again according to the procedure prescribed by this Law.
3. Cancel the verdict, the decision of the Court was hearing the case and settling the case.
Article 286. Apply the rules of procedure of Cassation rules on competence and procedure of a retrial is done as the rules of procedure of Cassation as specified by this law.
Chapter XVII SPECIAL PROCEDURE to REVIEW the DECISION of the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT to article 287. Requirements, recommendations, proposed a review of the decision of the Council of judges of the Supreme People's Court 1. The decision of the Council of judges of the Supreme People's Court when the base is determined to have violated the law seriously or discovered important new details can make basic changes to content decisions that the Council of judges of the Supreme People's Court, litigants do not know when that decision be reconsidered if in one of the following circumstances : a) at the request of the Standing Committee of the National Assembly;
b) according to the recommendations of the Judicial Committee of the Parliament;
c) according to the recommendations of the Secretary of the Supreme People's Procuracy;
d) as proposed by the Chief Justice of the Supreme People's Court.
2. where the request of the Standing Committee of the National Assembly, Chief Justice of the Supreme People's Court is responsible to report the Council of judges of the Supreme People's Court to review the decision of the Council of judges of the Supreme People's Court.
3. The case of petitioning the Judicial Committee of the Congress, the recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court to detect violation of important new details, then the Chief Justice of the Supreme People's Court is responsible to report the Council of judges of the Supreme People's Court review recommendations , suggest it.
The case agreed with the recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court, the Council of judges of the Supreme People's Court decision handing the Chief Justice of the Supreme People's Court held the case file research the report, the Council of judges of the Supreme People's Court review the decision. The case of the Council of judges of the Supreme People's Court did not agree with the petition, the proposal must be notified in writing and stating the reason.
4. The session of the Council of judges of the Supreme People's Court review recommendations, recommendations prescribed in paragraph 3 of this article must be attended by the head of the Supreme People's Procuratorate.
Article 288. Send text, case file, notice concerning the procedure for review of the decision of the Council of judges of the Supreme People's Court after receiving the request of the Standing Committee of the National Assembly, the recommendations of the Judicial Committee of the Parliament or after the Chief Justice of the Supreme People's Court have written to recommend a review of the decision of the Court's judges Council the Supreme People's Court in accordance with paragraph 1 Article 287 of this law, the Supreme People's Court submitted to the Supreme People's Procuracy a written request, copies of recommendations or proposals that accompanied the record of the case to the Supreme People's Procuratorate in the research and preparation of opinions at the meeting to review recommendations under the proposal, the provisions of article 291 of this law. Within 15 days of receiving the case file, the Supreme People's Procuratorate must return the case file to the Supreme People's Court.
Article 289. The time limit for opening the session and announce the opening of the session considering recommendations, suggestions 1. Within 30 days of receiving the recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister the Supreme People's Procuracy, or from the date of the Chief Justice of the Supreme People's Court have suggested text, then the Council of judges of the Supreme People's Court to open the session to review recommendations of the Justice Commission of the National Assembly recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court under the provisions of paragraph 3 of this Law 287 Articles.
2. the Supreme People's Court announced in writing to the Minister the Supreme People's Procuratorate about the time open the session to considering the recommendations, the proposed provisions in paragraph 3 Article 287 of this law.
Article 290. Participants of the session of the Council of judges of the Supreme People's Court to consider recommendations, recommendations 1. Minister Supreme People's Prosecutor to attend the session of the Council of judges of the Supreme People's Court to consider the recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court under the provisions of paragraph 4 to article 287 of this law.
2. Representatives of the Judicial Committee of the Parliament was invited to the session of the Council of judges of the Supreme People's Court to consider the recommendations of the Justice Commission of the National Assembly.
Article 291. The order of conducting the session of the Council of judges of the Supreme People's Court to consider recommendations, recommendations 1. The Chief Justice of the Supreme People's Court themselves or assigned to a member of the Council of judges of the Supreme People's Court presented a summary of the content of the case and the process of resolving 2. The Judicial Committee, representatives of the National Assembly, Minister Supreme People's Prosecutor, Chief Justice of the Supreme People's Court has recommended, recommended a review of the decision of the Council of judges of the Supreme People's Court presented the following issues: a) the bases, content recommendations , recommendations;
b) Analysis reviews the details of the case, the old evidence and additional new evidence (if any) to make clear the violation serious law in the decision of the Council of judges of the Supreme People's Court or have significant new details can alter the basic content of the decision of the Council of judges of the Supreme People's Court.
3. in case of considering the recommendations of the Justice Commission of the National Assembly or to consider the proposal of the Chief Justice of the Supreme People's Court, the Director the Supreme People's Procuracy stated views and reasons for placement or disagree with recommendations, suggest it.
Opinions of Director the Supreme People's Procuratorate must be in writing, signed by the head of the Supreme People's Procuracy and must be submitted to the Supreme People's Court within 10 working days from the date of the end of the session.
4. The Council of judges of the Supreme People's Court to the discussion and vote according to the majority of the agreed or not agreed with the recommendations, it was suggested to review the decision of the Council of judges of the Supreme People's Court.
5. in case of unanimous recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court, the Council of judges of the Supreme People's Court decided to open the session to review the decision of the Council of judges of the Supreme People's Court at the same time delivered to the Chief Justice of the Supreme People's court records research organization reported the Council of judges of the Supreme People's Court review, decided at the meeting to review the decision of the Council of judges of the Supreme People's Court.
6. The absence of agreed recommendations, recommendations, the Council of judges of the Supreme People's Court must be notified in writing to the Agency, the individual provisions of article 292 of the law and stating the reason.

7. All the happenings in session considering proposals, recommendations and decisions adopted at the meeting must be recorded in the minutes of the session and save the profile review recommendations, recommendations.
Article 292. Announcing the result the session considering proposals, the proposal to review the decision of the Council of judges of the Supreme People's Court within 10 working days from the date of the end of the session considering proposals, the proposal to review the decision of the Council of judges of the Supreme People's Court The Judicial Council, the Supreme People's Court to send to the Director the Supreme People's Procuratorate, the Judicial Committee of the Parliament text notifying the Council of judges of the Supreme People's Court agreed or not agreed with the recommendations, it was suggested to review the decision of the Council of judges of the Supreme People's Court.
Article 293. Research case file 1. The case of the request of the Standing Committee of the National Assembly or the decision of the Council of judges of the Supreme People's Court according to the provisions in clause 5 of this Law 291 Thing then the Chief Justice of the Supreme People's Court held the case file research, verify, collect material evidence in case of need.
2. The study of the case file, verify, collect documentary evidence must make it clear whether there is a serious law violations or new important details can alter the basic content of the decision of the Council of judges of the Supreme People's Court.
Article 294. Open the session to review the decision of the Council of judges of the Supreme People's Court 1. Within a period of 12 months from the date of the request of the Standing Committee of the National Assembly as stipulated in paragraph 2 of this Law 287 or since the date of the decision of the Council of judges of the Supreme People's Court according to the provisions in clause 5 Article 291 of this law, the Council of judges of the Supreme People's Court to open the session with the participation of the whole Judges of the Supreme People's Court to review the decision of the Council of judges of the Supreme People's Court.
2. the Supreme People's Court sent to the Supreme People's Procuracy a written notice of the time of opening the session to review the decision of the Council of judges of the Supreme People's Court attached to the case file. Within 15 days of receiving the case file, the Supreme People's Procuratorate must return the case file to the Supreme People's Court.
Article 295. Director the Supreme People's Procuratorate attend meetings to review the decision of the Council of judges of the Supreme People's Court 1. Director Supreme People's Procuratorate should attend the session to review the decision of the Council of judges of the Supreme People's Court under the provisions of paragraph 4 to article 287 of this Act and statements of views about whether or not there are serious legal violations or significant new details do change the basic content of the Board's decision the Court judges people and views on the resolution of the case.
2. Opinions of the Minister of the Supreme People's Procuratorate must be in writing, signed by the head of the Supreme People's Procuracy and must be submitted to the Supreme People's Court within 10 working days from the date of the end of the session.
Article 296. The authority to review the decision of the Council of judges of the Supreme People's Court 1. After hearing the Chief Justice of the Supreme People's Court report, heard the opinion of the Director the Supreme People's Procuracy, agency, organization, the individual concerned be invited (if available), the Council of judges of the Supreme People's Court decision to cancel the decision of the Council of judges of the Supreme People's Court has serious law violations or have details new important changes the basic content of the decision of the Council of judges of the Supreme People's Court; to cancel the judgment, the decision has the effect of subordinate court has serious law violations or there are significant new details do change content basic judgments, decisions and the case that decided the following: a) your doctor ask sue if the request has no legal base;
b) accepted a part or the whole of the request, in whole or part cancellation claim the decision unlawful administrative; forcing the State bodies or competent people in State agencies, the public service mission in accordance with the law;
c) accept a part or the entire request to sue, claiming the administrative behavior is contrary to law; forcing the State bodies or competent people in State agencies to terminate the unlawful administrative acts;
d) accepts the request, to declare cancellation of disciplinary dismissal is unlawful; forcing the head of the Agency, organization, mission, acts in accordance with the law;
DD) accept a part or the whole of the request, in whole or part cancellation claim settled complaints about the decision to handle the case competition contrary to law; forcing the agency decision-making authority to resolve complaints about the decision to handle the case back-solving competition according to the rules of competition law;
e) defines the compensation responsibility for the cases stipulated in points b, c, d and DD clause 1 of this article, forcing the Agency, organization, compensation, restoration of rights, legitimate interests of organizations, individuals, public interests, the interests of the State, the rights, legitimate interests of a third person being violated by administrative decision , administrative behavior, disciplinary dismissal, the decision to handle the incident unlawful competition caused; defining compensation responsibility of the Supreme People's Court has decided to seriously violate the law is cancelled due to an error unintentionally or intentionally causing damages to litigants or determine liability claims property values as defined by the law;
g) recommendations with the competent State agencies, the head of the State Agency has the authority to consider the responsibility of State authorities, who have the authority of State bodies in case of intentional violation of the law, causing serious consequences for the Agency, organization, individual.
2. The decision of the Council of judges of the Supreme People's Court must be at least three quarters of the total membership of the Council of judges of the Supreme People's court approval voting.
Article 297. Announcing the results of the Council session of judges of the Supreme People's Court reviewed the decision of the Council of judges of the Supreme People's Court within 30 days from the date the Council of judges of the Supreme People's Court decision specified in clause 1 Article 296 of this law, the Supreme People's Court delivered the decision for the Commission of the National Assembly The Judicial Committee of the Parliament, the Supreme People's Procuracy, the courts have resolved the case and the litigants.
Chapter XVIII the PROCEDURE of RESOLVING ADMINISTRATIVE FOREIGN ELEMENTS to article 298. Applicable principles 1. This chapter regulates the procedure of resolving administrative foreign elements. In this case there is no regulation shall apply the provisions of this law, related to the settlement.
2. administrative case have foreign elements is the case of one of the following cases: a) Are privy to as foreigners, foreign organizations, agencies, affiliates, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam;
b) the Vietnam citizens reside abroad;
c) The establishment, change or termination of the administrative law relations which occur abroad;
d) related to overseas property.
Article 299. Rights, the obligation of the Agency's proceedings, organizations, individuals, foreign branches, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam 1. Foreigners, foreign organizations, agencies, affiliates, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam have the right to sue to Vietnam to ask Court to review administrative decisions, administrative acts when there is evidence that the decision , behavior that is against the law and violate the rights and lawful interests.
2. When the administrative proceedings participants, agencies, organizations, individuals, foreign branches, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam have the right, the obligation of the proceedings as a citizen, the Agency held Vietnam.
3. State of Vietnam could apply the principle of reciprocity to restrict the right of administrative litigation of foreigners, foreign organizations, agencies, affiliates, representative offices of foreign organizations, agencies, representative offices of international organizations in Vietnam that the country's Court which has restricted the right to administrative proceedings with regard to citizens of Vietnam Vietnam organization, agency, branch, Representative Office of the Agency, held in Vietnam.
Article 300. The capacity of the law on administrative proceedings, and the capacity of administrative proceedings acts of alien 1. The capacity of the law on administrative proceedings, and the capacity of administrative proceedings acts of foreigners is determined as follows: a) under the law of the country in which the alien have nationalities. The case of an alien who is not nationalities, according to the law of the country in which that person resides. If people are not permanent citizenship in Vietnam, the Vietnam law;
b) under the law of the country in which the alien have nationalities and reside in one of the countries which they have nationality if they have many foreign nationals.
The case of the foreign nationality and reside in the country without the same with that country's citizenship under the law of the country in which the alien time longest citizenship;
c) according to the law of Vietnam if foreigners have many nationalities and one of the nationality that is Vietnam citizenship or alien resident card or card in Vietnam.
2. Foreigners can be recognized the capacity of administrative proceedings acts in Vietnam, if the Court under the provisions of the law of foreign countries, they do not have the capacity of administrative proceedings acts, but in accordance with the law of Vietnam, they have the capacity of administrative proceedings acts.

Article 301. The capacity of the administrative litigation law of foreign organizations, agencies, affiliates, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam 1. The capacity of the administrative litigation law of Agency, foreign organizations are determined by the law of the country where the Agency, that organization was established.
The capacity of the administrative proceedings law branches, representative offices of foreign organizations, agencies in Vietnam are determined according to the law of Vietnam.
2. The capacity of administrative litigation law of international organizations, representative offices of international organizations is determined on the basis of international treaties is the base to establish the Organization, regulations of international organisations or international treaties to which the Socialist Republic of Vietnam and international organizations that are members.
The case of the international organization declared to waive the privileges, exemption, the legal capacity of the administrative litigation of international organizations which are determined in accordance with the law of Vietnam.
Article 302. Protect the legitimate rights and interests of litigants are foreigners, foreign organizations, agencies, affiliates, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam foreign litigants, agency, foreign organizations , affiliates, representative offices of foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam to participate in the proceedings in the Court of Vietnam have the right lawyer to protect the legitimate rights and interests for themselves under the provisions of the law of Vietnam.
Article 303. The method of bombardment, the text message in the proceedings of the Court for the litigants abroad 1. The Court made the bombardment text message, the proceedings of the Court in one of the following methods: a) according to the method specified in international treaties to which the Socialist Republic of Vietnam is a Member;
b) along with foreign litigants domiciled in the country in which that country and Socialist Republic of Vietnam is not a member of the international treaties;
c) according to the way the postal service to the address of residence abroad with legal conditions that agree with this method of bombardment;
d) according to the way the postal service to the representative body of the Socialist Republic of Vietnam abroad to bombardment for litigants is Vietnam citizens abroad;
DD) Organization, Agency for foreign representative offices, branches in Vietnam, the bombardment could be made through a representative office, branch at Vietnam under the provisions of this law;
e) by the postal service for the legal representative or authorized representative in Vietnam by foreign litigants.
2. The method of Song dynasty reaches specified in point a and point b paragraph 1 this is done according to the law on judicial assistance.
3. where the bombardment method prescribed in clause 1 of this article make no results then the Court conduct listed in the Agency headquarters representatives of the Socialist Republic of Vietnam abroad, the Court is addressing the incident or in residence the last of litigants in Vietnam within 30 days and report on the information portal of the Court (if any), the electronic portal of the representative body of the Socialist Republic of Vietnam; where necessary, the Court may announce through the channel of foreign radio or television station of Central three times in 3 consecutive days.
Article 304. Notification of acceptance, opening the session, court 1. The Court must send a notice of the case, which stated the time, location, open the session examined the hand, approach, publicly the evidence and dialogue (the session), reopen the session, opened the trial and reopen the trial text in the message for overseas litigants.
2. The time limit for opening the session, the trial was determined as follows: a) the session must be open as early as 4 months and at the latest within 6 months from the day's written notice of the case. On reopening the session (if any) determined on way to open the session at the latest within 30 days.
b) trial must be opened as early as 6 months and at the latest within 12 months from the day's written notice of the case. On reopening the trial (if any) are determined on Court way slowest is 30 days, except in the case prescribed in clause 4 Article 305 of this Act.
Article 305. Handle the result served the proceedings of court documents for overseas litigants When getting the result and the results served to gather evidence abroad, as the specific cases that the courts handling the following: 1. Do not open the session when the received results served as one of the bombardment method prescribed in clause 1 Article 303 of this law and litigants have provided sufficient testimony, documents, evidence and the case of the absence of dialogue was prescribed in article 135 of this law.
2. Postponed the session if it has received notice of the bombardment had finished but on opening the session that the Court still does not receive the testimony, documents, and evidence of litigants and recommended they not be absent from the session. If to date to reopen the session that overseas litigants still absent, the Court determines it is case of not conducting dialogue.
3. The Court postponed the trial in the following circumstances: a) overseas litigants have suggested delaying the single first trial;
b) overseas litigants are absent at the first trial, unless they have an application for a trial in absentia.
4. The Court does not receive written notice of the results also served as testimony, documents, and evidence of overseas litigants and to the Court's opening day overseas litigants are not present, there is no single recommended trial in absentia, the Court postponed the trial.
Just after the trial adjourned, the court documents suggest the Justice Department or agency representatives of the Socialist Republic of Vietnam abroad informed about the implementation of the text served in the proceedings of the Court for the litigants abroad in the court case made the song reached through these agencies in one of the prescribed methods at points a, b and d of paragraph 1 Article 303 of this law.
Within 30 days of receipt of the text of the Court, the representative body of Socialist Republic Vietnam abroad must notify the Court of the results of the bombardment text proceedings for overseas litigants.
Within 10 days of the receipt of the Court of justice must have text suggest the agency competent in foreign answer on the results of the judicial trustee.
Within 5 working days from the date of receipt of the competent authority abroad send about the Ministry of justice must answer to the Court.
Expiry of 3 months from the date of transfer of court documents to the competent authorities in foreign countries without the written reply was received, the Ministry of justice must inform the Court to make the base of the case.
5. the trial court absent overseas litigants in the following cases: a) the Court has received the results served as one of the bombardment method prescribed in clause 1 Article 303 of this law, litigants have provided full testimony, documents, evidence and litigants suggested the trial in absentia;
b) the Court does not receive notification of the competent authority under the provisions of paragraph 4 of this Article about the results of the bombardment for overseas litigants;
c) Court has taken the measures provided for in paragraph 3 to article 303 of this law.
Article 306. Recognized papers, the document issued by the competent foreign authority, or confirm or by individuals residing abroad submit to the Court through the Vietnam postal service 1. Vietnam recognized the court papers, the document issued by the Agency, the competent foreign organization created, granted or confirmed in the following cases: a) papers, documents and certified Vietnamese translation, authentication has been legalized consuls;
b) papers, documents that are free of consular legalized under the provisions of the law of Vietnam or the international treaties that Vietnam Socialist Republic is a member.
2. The Court recognizes the Vietnam papers, documents by individuals resident abroad in the following cases: a) papers, the document was created in a foreign language has been translated into Vietnamese, notarized legal endorsement under the provisions of the law of Vietnam;
b) papers, documents are set up abroad be notarized, certified under the provisions of the law of foreign countries and has legal Consul;
c) papers document by the citizen overseas Vietnamese in Vietnam have the signature of the person who created the document, documents that have been certified in accordance with the law of Vietnam.
Article 307. The deadline to appeal the verdict, the decision of the court hearing the case had foreign elements administrative 1. Privy in Vietnam have the right to appeal the verdict, the decision of the Court within the time limit specified in article 206 of the law.
2. Litigants domiciled abroad are not present at the trial, the deadline to appeal the verdict, the decision of the Court is 30 days from the date of the judgment, the decision served or from the date of the judgment, the decision to list valid under the provisions of the law.
3. where the trial court absent overseas litigants as defined in point b of paragraph 5 of this Law 305 Thing, the time limit for appeal is 12 months from the date of pronouncement of the judgment.
Article 308. Served, notice of the proceedings and text processing results served, notice the text of the proceedings of the Court of appeal for the litigants in a foreign court of appeal made the bombardment, text message the proceedings and handle the result served notice of the proceeding text, for overseas litigants as stipulated in articles 303 304 and 305, of this law.
Chapter XIX PROCEDURE for ENFORCEMENT of the JUDGMENT, the DECISION of the COURT on ADMINISTRATIVE CASES Article 309. The verdict, the decision of the Court on the case are administrative enforcement

1. The judgment, decision or judgment, the decision of the Court of first instance cannot be appealed, the appeal under the procedure of appeal has the effect of law.
2. The judgment, the decision of the Court of appeal.
3. The decision of Cassation or retrial of the Court.
4. The decision by the special procedures of the Council of judges of the Supreme People's Court stipulated in Article 296 of this law.
5. Decides to apply provisional measures by the Court despite the complaints, Petitions.
Article 310. Explaining the verdict, the decision of the Court 1. The project is executed, who must enforce the judgment, people have rights, obligations related to the enforcement of the judgment, the decision of the Court and the enforcement agencies have the right to request in writing with the Court judgment, the decision provided for in the paragraph 1, 2, 3 and 4 309 Articles of this law to explain the unknown point in the judgment the decision to enforce.
2. Judges are presiding, the session has the responsibility to explain the verdict, the decision of the Court. Their case is no longer a judge of the Court, the Chief Justice of that Court has the responsibility to explain the verdict, the decision of the Court.
3. The interpretation of the judgment, the Court's decision must be based on judgments, decisions, minutes of court sessions, and the minutes of deliberation.
4. Within 15 days of receiving the written request, the Court must explain in writing and submitted to the Agency, organization, individual, has been issued, submit the judgment, decided under the provisions of this law.
Article 311. Enforcement of the judgment, the decision of the Court 1. The enforcement of the judgment, the Court's decision on the case of the administrative provisions of article 309 of this law are as follows: a) where the judgment, the Court's decision on not accepting the request of administrative decision, petitioner disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition the voter list, then the parties privy to continue enforcement of administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters under the provisions of the law;
b) where the judgment, the Court's decision was to cancel the whole or part of the administrative decision, the decision addressed complaints about the decision to handle the case competition, the decision or the decision cancelled, no longer in force. The litigant parties based on rights and obligations were determined in the verdict, the decision of the Court to enforce;
c) where the judgment, the Court cancelled the decision of disciplinary dismissal, the disciplinary dismissal be cancelled no longer in force. The head of the Agency, the Organization had decided to discipline dismissal must make judgments, the Court's decision;
d) where the judgment or decision of the Court has declared the administrative acts have done is against the law, it must enforce the Court must suspend execution of administrative behavior that since the date of the judgment, the decision of the Court;
DD) where the verdict, the decision of the Court declaring the behavior did not perform the task, the service is unlawful, the person must enforce the judgment to the task, the public service under the provisions of the law since the date of the judgment, the decision of the Court;
e) case judgments, the Court's decision forcing the Agency established the electoral list revisions, supplements the list of voters who must enforce the right projects done right the amendment, adding that receiving the verdict, the decision of the Court;
g) Court case decision to apply provisional measures it was applying provisional measures must be executed immediately upon receipt of the decision;
h) decision on the part of the property in the verdict, the decision of the Court be enforced under the provisions of the law on the enforcement of civil judgments.
2. the voluntary period is determined as follows: a) Who must enforce the judgment must enforce the right judgement, decision the provisions in points e and g of paragraph 1 of this article point since the date of the judgment, the decision of the Court;
b) Who must enforce the judgment to enforce the judgment, the Court's decision the provisions in points a, b, c, d and DD clause 1 of this article within a period of 30 days from the date of the judgment, the Court's decision.
The Agency must enforce a judgment, the decision of the Court must announce the results of implementation of projects defined in this clause in writing to the Court was hearing appeals and civil enforcement agencies together with the Court of first instance hearing the case.
3. the time limits prescribed in clause 2 of this Thing that people have to enforce the judgment is not enforceable, then the person is executed projects have the right to submit to the Court was the trial of first instance decision to compel enforcement of the judgment, the decision of the Court under the provisions of paragraph 1 of this Law 312 Thing.
Article 312. The request, decided to compel enforcement of the judgment, the decision of the Court 1. Within a period of 1 year from the date of expiration specified in point b of paragraph 2 of this Law that the 311 Things are involuntary execution enforcement of the enforceable judgment have the right to submit the enclosed copy of the verdict, the decision of the Court, other related documents suggested the Court was hearing the decision of the first instance judgment enforcement the decision of the Court.
The case of the request execution proved to be due to objective obstacles or due to unforeseen events that may not request execution time then the time had difficulties or unforeseen events do not count towards the required execution time limit.
2. within 10 working days from the date of the petition of the person who was executed, the Court was hearing appeals to decisions of the administrative court enforcement. Enforcement of court decision must be sent to the person who must enforce the judgment, execution, heads of the direct superior to execution and the Procuratorate at the same level. Heads of the direct superior to execution has the responsibility to check, the urge and handle responsibilities to enforce the judgment under the provisions of the law. The decision forced execution must also submit to civil enforcement agency where the Court was hearing appeals to monitor the enforcement of the judgment of the Administrative Court's decision.
3. specific government regulations about the duration, sequence, procedure execution and processing of administrative liability for the non-enforcement of the judgement, the Court's decision.
Article 313. State management on administrative execution 1. The unified government administration on work projects administration enforcement within the country; in coordination with the Supreme People's Court, the Supreme People's Procuracy in State management on administrative execution; the annual periodic reports to Congress about the work execution.
2. The Ministry of Justice is responsible for Government implementing State management on administrative execution and has the following powers, duties: a) issued or the competent authority issued the legal text on the administrative execution;
b) ensure staffing, physical facilities and means for managing the State of implementation of the Administrative Court;
c) Guide, steer, professional training on the management of administrative execution; popular education, the law on the enforcement of administrative judgments;
d) testing, inspection, complaint resolution, to report on the execution of administrative management;
DD) Government reports about the execution of the administrative work;
e) construction and implementation plan, tracking statistics, summarizing the work of enforcement of administrative judgments.
Article 314. Handle violation of administrative execution 1. Agencies, organizations, individuals must enforce court deliberately did not accept the sentence, the Court's decision, the decision to compel enforcement of the judgment of the court case that dealt with discipline, penalizing administrative violations or arrested save for criminal liability in accordance with the law.
2. The advantage of the prerogatives, powers deliberately hinder the enforcement of the judgment, the case which dealt with discipline, penalizing administrative violations or arrested save for criminal liability in accordance with the law; If the damage is compensated according to the provisions of the law.
Article 315. The Prosecutor is the enforcement of the judgment, the decision of the Court Procuratorate Prosecutor obeys the laws of litigants, agencies, organizations, individuals related to the enforcement of the judgment, the decision of the Court to ensure the enforcement of the judgment, the decision is timely, full, true law.
Procurator has the right recommendations to agencies, organizations, individuals have the obligation to enforce the judgment and administrative bodies, superior organization of the Agency, the Organization must approve the verdict, the decision of the Court to take measures to organize strictly enforce the judgment, the Court's decision.
Chapter XX HANDLE ACTS IMPEDES the ACTIVITY of ADMINISTRATIVE PROCEEDINGS Article 316. Handling violations of trial rules 1. People are violations of the rules of trial provisions of article 153 of this Act, then, depending on the nature and extent of the violation, which could be presiding decision sanctioning administrative violations in accordance with the law.
2. the presiding has the right decision compels the person violated the provisions in clause 1 of this article to leave the courtroom. The police have a duty to protect the trial or who have a duty to protect the Court's order enforcing the decision of the presiding on the forced to leave the courtroom or administrative detention of people disrupting the order at the trial.
3. in case the Court rules violations to be prejudice criminal responsibilities then the courts have the authority to prosecute criminal cases under the provisions of the law on criminal proceedings.
4. The provisions of this Article also apply to the person of violations at the session of the Court.
Article 317. Insulting behavior processing the prestige of the Court, the honor, the dignity, the health of the person conducting the proceedings or others performing the duties at the request of the Court Who has offended the prestige of the Court, the honor, the dignity of the person conducting the proceedings or others performing tasks as requested by the Court depending on the nature , the level of which sanctioned violations administrative violations or arrested save for criminal liability in accordance with the law.
Article 318. Handle the behavior thwarted the verification activity, the collection of evidence by the Court

People would have one of the following acts shall, depending on the nature and extent of the violation, which could be disciplined, sanctioning administrative violations or prejudice criminal liability under the provisions of the law: 1. Do the fake ruin important evidence interfere with the resolution of the case by the Court;
2. Refuse to declare, declare the cheating or provided false documents as evidence;
3. Reject the conclusion or refused to provide the documents without justifiable reasons, the conclusion untrue;
4. Fraud, intimidation, forced, bribed, to use force to prevent the witnesses testify or forcing others out deceptive witness;
5. Deception, intimidation, forced, bribed, to use force to prevent the examiner performing the duties or forcing the examiner concluded with the truth objectively;
6. Deception, intimidation, forced, bribed, to use force to prevent the translators perform tasks or forcing the translator translate dishonest, not objective, not;
7. Obstructing the conduct review proceedings, appraisal, valuation decision, the examiner or the referendum decision to verify, collect other evidence under the provisions of this law;
8. Knowingly false translation;
9. election of Board participants Not identified at the request of the Court without good reason; do not participate in performing the duties of the Board evaluation without good reason.
Article 319. Intentional behaviour dealt not under a court summons 1. The witness, interpreter, the examiner has been duly summoned but the Court deliberately did not go to court or not present at the trial, the session without good reason and if the absence of them interfere with the gathering, verifying evidence or resolving the sanctioned administrative offense under the provisions of the law.
2. where the provisions of paragraph 1 of this article, the Court has the right to make decisions that led to the trial witness Awards, sessions, unless witnesses are minors. The decision led the tournament the witnesses must specify the time, place and decisions; they, the name, the position of the decision; they, the name, date of birth, place of residence of the witness; time, location, witnesses must be present.
3. The police have a duty to enforce the Court's decision lead witness award. The decision led the tournament the witnesses to read, explaining the decision to award the prize lead sufferers guide know and set the minutes about the lead.
Article 320. Handle the behavior interfere with resolving Who would by its influence on the impact behavior of any kind for judges, members of the Board of review in order to make the resolution of the case are not objective, not correct, then laws depending on the nature and extent of the violation that severely disciplined , sanctioning administrative violations or arrested save for criminal liability in accordance with the law.
Article 321. The responsibility of the Court, the Prosecutor in the court case to prosecute criminal cases 1. The court case to prosecute criminal cases under the provisions of paragraph 3 of this Law, the 316 Thing within 15 days of the decision to prosecute, the Court must be transferred to the Procuratorate authorities decided to prosecute the case and document evidence to prove the offence.
2. the Procurator is responsible for reviewing, processed according to the provisions of the code of criminal proceedings.
Article 322. Handle acts impedes the delivery, received, issued, served, or text message in the proceedings of the Court Who have one of the following acts shall, depending on the nature and extent of the violation that severely disciplined, sanctioning administrative violations or arrested save for criminal liability in accordance with the law : 1. Do not perform, communicate, text message or served in the proceedings of the Court at the request of the Court without good reason;
2. Destroy the text of court proceedings that yourself assigned to level, served or the notice at the request of the Court;
3. Fake the results of sending a text message, the proceedings of the Court which alone is delivered;
4. Preventing, delivered, received or message bombardment, writing in the proceedings of the Court.
Article 323. Handle acts impedes representatives of agencies, organizations, individuals participating in the proceedings at the request of the Court Who have life threatening behaviour, assault or abuse dependence in order to obstruct the representatives of the agencies, organizations and individuals to the court session, according to the Court's summons, then depending on the nature , the level of which sanctioned violations administrative violations or arrested save for criminal liability in accordance with the law.
Article 324. Handling of acts of false news intended to hinder the resolution of the case by the Court Who have taken false acts aimed at obstructing the Court resolving, then, depending on the nature and extent of the violation that sanctioned administrative violations or arrested save for criminal liability in accordance with the law.
Article 325. Handling behavior of agencies, organizations, individuals cannot enforce the Court's decision about whether to provide documents and evidence for the Court 1. Agencies, organizations, individuals cannot enforce the Court's decision about providing the documents, evidence that the Agency, organization or individual that is managed, stored, the sanctioned administrative offense under the provisions of the law.
2. Individuals, the head of the Agency, held forth in paragraph 1 of this article, depending on the level of offense that can be punished or arrested save for criminal liability in accordance with the law.
Article 326. Sanctions, competence, sequence, procedure, sanctions sanctions, competence, order and procedures of sanctioning administrative violations with respect to the acts impedes the activity of the administrative proceedings are undertaken under the provisions of law handling administrative violations and other provisions of the relevant laws.
Chapter XXI COMPLAINTS, accusations in ADMINISTRATIVE PROCEEDINGS Article 327. The decision, acts in administrative procedure can be the complaint 1. Agencies, organizations, individuals have the right to appeal the decision, acts in the Agency's administrative proceedings, the conduct of administrative proceedings when there is a base for that decision, behavior that is against the law, infringe the legitimate rights and interests.
2. With respect to the verdict, the decision of the first instance, appellate, Cassation Court retrial, if there are appeals, appeals and other proceedings decisions by the person conducting the administrative proceedings issued if there is a complaint, the recommendations are not addressed under the provisions of this chapter which are solved according to the rules of the respective chapters of this law.
Article 328. Rights, obligations of the complainant 1. The complainant has the following rights: a) themselves or through a legal representative complaint;
b) complaints in any stage of the process of the case;
c) Withdraw a complaint at any stage of the complaint resolution process;
d) received a written reply on the acceptance in order to resolve the complaint; receiving the complaint resolution decision;
DD) restored the rights, legitimate interests have been violated, to compensation for damages under the provisions of the law.
2. The complainant has the following obligations: a) the complaint to the right person has jurisdiction;
b) honestly, providing information, documentation for the resolution of complaints; responsible before the law for the content of the presentation and the provision of information, that document;
c) not abuse the right to complain to hinder the operation of the court proceedings;
d) executive decisions, the behavior of the person conducting the proceedings without a complaint in time to complain;
DD) observance of complaint resolution decision has the effect of law.
Article 329. Rights, the obligation of the person with the complaint 1. People complained of have the following rights: a) is known to the grounds of the complaint of the complainant; giving evidence on the legality of the decisions, acts in the proceedings complained of;
b) received complaints about decisions decisions, acts in its proceedings.
2. The person complained of have the following obligations: a) the explanation of the decision, in the administrative procedure acts complained of; provide information, relevant documents when agencies, organizations, individuals have the authority required;
b the Executive) decided to appeal the legal effect;
c) compensation, reimbursement or redress consequences of decisions, acts in administrative procedure law caused his left under the provisions of the law.
Article 330. Time limits complaints time appeal is 10 days from the date the complaint is received or learned of the decision, the proceeding that the person acts that have violated the law.
The case of unforeseen events or objective obstacles that the complainant did not make the right to complain in time specified in this time, then there are unforeseen event or objective obstacles that are not calculated in the time of the complaint.
Article 331. Complaint form the complaint must be made by petition. In the complaint must indicate the day, month, year; they, the name, the address of the complainant; the content, the reason for the complaint, the complainant's request, signed or the complainant's only points.
Article 332. Authority to resolve complaints against the decision, the behavior of the person conducting the proceedings 1. Appeal, the conduct of the person conducting the proceedings as judge, Deputy Chief Justice, Inquisitor, Secretary of the Court, the people's assessors by the Chief Justice courts are resolving administrative jurisdiction.
As for the appeal, the Court acts of Chief Justice of the Court, the Chief Justice of the Court on a direct level have jurisdiction.
2. Appeal decisions, the behavior of the person conducting the proceedings as Prosecutor, Deputy Procurator, check Member by Minister Prosecutor is resolved.
For claims decisions, acts in the proceedings of the Minister the Prosecutor then Minister superior prosecutor has jurisdiction.
3. Complaints complaint resolution decision of the first Court Chief Justice, Chief Procuratorate Institute prescribed in clause 1 and clause 2 of this Court by the Chief Justice on a direct level, Minister superior prosecutor directly addressed.
Article 333. The time limit for complaint resolution

The time limit for complaint resolution is the first 15 days of the Court, Procurator receives complaints. Where necessary, to service the complex nature of the complaint resolution time limit can be extended but not exceeding 15 days from the date of expiry of complaint resolution.
Article 334. Content of the complaint resolution decision the first time 1. The complaint resolution decision must first settle your complaint in writing. Decision on complaint resolution must have the following content: a) the day, month, year of decision;
b) the name, address of the complainant, who complained of;
c) the content of the complaint;
d) results to verify the content of the complaint;
DD) pursuant to law to resolve the complaint;
e) content decision resolving the complaint.
2. decision on complaint resolution must first be sent to the complainant, agencies, organizations and individuals concerned; the case is the decision of the Chief Justice, the Court must send to the Procuratorate at the same level.
Article 335. Complaints procedure for the second 1. Within 5 working days from the date the complainant received the complaint resolution decision first, if not agree with that decision or too the time limit specified in article 333 of this law that the complaint is not resolved, the complainant has the right to complain to the person who has the authority to resolve the complaint the second time.
2. The complaint must be accompanied by a copy of the decision to settle the complaint and accompanying documents.
3. decision on complaint resolution II must have the following content: a) content regulation in the points a, b, c, d and DD clause 1 Article 334 of this law;
b) results in complaints of the first complaint resolution;
c) conclusions on specific issues in the content of the complaint of the complainant and the resolution of the complaints.
4. decision on complaint resolution II must be sent to the complainant, agencies, organizations and individuals concerned; the case is the decision of the Chief Justice, the Court must send to the Procuratorate at the same level.
5. decision on complaint resolution times two in effect executed.
Article 336. Complaints about the inspection activities in the settlement of administrative proceedings to complain about the examiner works in administrative proceedings are undertaken under the provisions of the law on the judicial inspection and other provisions of the relevant laws.
Article 337. People have the right to denounce individuals have the right to report to the Agency, organization, personal authority on violations of the law of the authority conducting the proceedings causing damage or threat of damage to the public interest, the interests of the State, the legitimate rights and interests of the Agency , organization, individual.
Article 338. Rights, obligations of the accused 1. The report has the following rights: a) submit or report directly to the Agency, organization, personal jurisdiction;
b) require secrecy, their name, address, his autographs;
c) asked to be notified of results to resolve accusations;
d) requires the Agency, organization or individual has the authority to protect when threatened, retaliation, revenge.
2. The report has the following obligations: a) honestly about the content of the report;
b) clearly, his name and address;
c) responsible before the law about the false accusations.
Article 339. Rights, the obligation of the person reported 1. The person who reported the following: a) has the right to be informed about the content of the report;
b) give evidence to prove the content of the report is not true;
c) restored the rights, legitimate interests infringed; be rehabilitated, to compensation for damage caused by the accusations not true cause;
d) requires agencies, organizations, individuals with authority to handle the accusations false.
2. The person who had reported the following obligations: a) explanation about the reported behavior; provide information, relevant documents when agencies, organizations, individuals have the authority required;
b) Executive decided the Agency's processing, organization, personal jurisdiction;
c) compensation, reimbursement or remedial due administrative procedure acts left his law induced under the provisions of the law.
Article 340. The authority and the time limit for settling the denunciation 1. To report violations of the law of the competent person conduct the proceedings in the competent bodies, the head of the agency that it has the responsibility to solve.
The case reported is the Chief Justice, Deputy Chief Justice of the Court, the Director, Deputy Procurator, the Chief Justice of the Court on a direct level, the superior prosecutor Minister directly responsible for solving.
The time limit for settling accusations is 60 days from the date of the report; for complex cases, the timelines to resolve accusations may be long over, but not more than 90 days.
2. To report on violations of the law that signs of crimes are solved according to the rules of the code of criminal proceedings.
Article 341. Procedure for resolving report procedure for resolving accusations made under the provisions of the law on the accusations.
Article 342. The responsibility of the person who has the authority to resolve the complaint, report 1. Agencies, organizations, individuals have the authority within the scope of the task, their powers are responsible for receiving and timely resolution, proper law; strict handling of the breach; adopt the necessary measures to prevent the damage that can occur; guarantee for solving decision be enforced strictly and be responsible before the law for his decision.
2. Who has the authority to resolve complaints, accusations that are not addressed, the lack of responsibility in solving illegal settlement, then depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 343. Prosecutor obey the law in the resolution of complaints, accusations in administrative proceedings the Prosecutor the Procuracy to obey the law in the resolution of complaints, accusations in administrative proceedings under the provisions of the law. Procurator has the right to request, petitions for the Court of the same level, the lower level courts, agencies, organizations and individuals have the responsibility to ensure the resolution of complaints, accusations are grounded, lawful.
Minister Supreme People's Prosecutor coordinated with the Chief Justice of the Supreme People's Court detailing this.
Chapter XXII of COURT FEES, fees and OTHER LITIGATION EXPENSES section 1 COURT FEES, FEES for Article 344. Advance payment of court fees, court fees, fees 1. Advance payment of court fees include advance payment of court costs at first instance and appellate court fee cash advance.
2. Court fees include the court fee at first instance and appellate court fees.
3. Fees include fees for copies judgments, decisions, papers of the Court and other fees that are prescribed law.
Article 345. Handle advance payment of court fees, court fees, collection fees are 1. The entire court fees, collection fees are payable in full, promptly on the State budget in the State Treasury.
2. Advance payment of court fees was filed with the court enforcement agency has the authority to send to the open custody account in the State Treasury and be drawn to follow the execution of court decisions.
3. The person who has paid the court fee, then advance immediately after the verdict, the decision of the Court are enforceable, the amount of the advance has been obtained should be submitted to the State budget.
The case of people who have an advance payment of court fees are reimbursed for a portion or all of the amount already paid by the verdict, the decision of the Court the court enforcement agencies already collect the advance payment of the court fee to pay money back the procedures for them.
4. where the administrative case is temporarily suspended, the advance payment of court fees submitted are processed when the case was continued.
Article 346. Mode, advance payment of court fees, court fees, fees for obtaining advance payment of court fees and court fees, the payment of advance payment of court fees, the amount of fees is done according to the provisions of the law.
Article 347. The obligation of an advance payment of court fees the petitioner and the people have rights, obligations relating to independent request in administrative cases is an advance payment of court fees, the appeal under the procedure of appeal must be filed in the appellate court fee cash advance, unless exempted or not an advance payment of court fees.
Article 348. The obligation to file the appeals court fees 1. Litigants should bear court fees at first instance if their requests are not accepted, except for court cases to be filed free of court fees or charges without first instance.
2. Before opening the trial, the Court conducts the dialogue if the litigant parties into dialogue about solving the case, they only have to bear 50% of the first instance court fees stipulated in paragraph 1 of this article.
3. in case there are litigants filed appeals court fee exemption, then the other litigants must still file the first instance court fees that I incur as defined in clause 1 and clause 2 of this Thing.
4. where the case is temporarily suspended the settlement obligations of the first instance court fees are decided when the case was further addressed as stipulated in this article.
Article 349. The obligation to bear the appellate court fees 1. Litigants to appeal must be filed in the appellate court fees, if the Court of Appeal judgment unchanged, the decision of the first instance was appealed, unless exempted or not subject to appellate court fees.
2. where the Court of Appeal correct judgment of the first instance decision was appealed, the litigants to appeal not filed with the appellate court fees; The Court of appeal must redefine the obligations of the first instance court fees as prescribed in article 348 of this law.
3. where the Court of appeal cancelled the verdict of first instance decisions were appealed to the trial at first instance, the litigants to appeal not filed with the appellate court fees; the obligation to file the court fees are determined when tackling the first instance case.
Article 350. The obligation to pay the obligation to pay is determined depending on each specific type and by laws.
Article 351. Specific provisions regarding court fees, fees based on the provisions of the law on fees and charges and this law, the Standing Committee of the National Assembly of specific provisions regarding court fees, court fees; salary of court fees, court fees for each type of case; the case of exemption, reduction or not filed court fees and other specific issues related to court fees, court fees.
Section 2 of the COST of OTHER PROCEEDINGS Article 352. Advance payment of costs judicial trustee, fiduciary fees justice abroad

1. The advance of costs judicial trustee abroad is the amount that the Court to pay for temporary work authorization when conducting collection, provide evidence, served papers, records, documents, summon witnesses, the judge and the judicial assistance requested is relevant to the resolution of the case.
2. The cost of the judicial trustee is necessary and reasonable amount to pay for implementing authorization in accordance with the law of Vietnam and the country's authorization is required.
Article 353. Obligation to advance authorization costs abroad the petitioner, the appeal under the procedures of appeal or other litigants in the case should advance authorization expenses abroad when their requirements do arise the judicial trustee abroad.
Article 354. The obligation to bear the costs of the judicial trustee abroad where the litigants have no other agreement or law is not otherwise specified, the obligation to bear the costs of the judicial trustee abroad is determined as follows: 1. Litigants have to bear the costs of the judicial trustee abroad if asked to solve the case of them not accept Court;
2. in case of suspension of the case provided for in point c paragraph 1 to article 143, paragraph 1 Article 234 of this Act, the petitioner must bear the costs of the judicial trustee abroad.
Settling the case of appeals provided for in art. 2 Article 225, paragraph 1 c 229 of this Law Thing then the appeal under the procedure of appeal must bear the costs of the judicial trustee;
3. With regard to the case of suspension of the case under the provisions of other laws, the person required to bear the costs of the judicial trustee abroad.
Article 355. Cash advance handling fee authorization abroad 1. Cases people have advance authorization expenses do not have to bear the costs of the judicial trustee who must bear the costs of the judicial trustee by the decision of the Court to reimburse the person who has paid the cost of the advance authorization.
2. where the person has paid the advance costs authorization must bear the costs of the judicial trustee, if the amount of the advance already paid enough for the cost of the actual authorization, they must file by adding the missing money; If the amount of the advance already paid more than the cost of the actual judicial trustee shall they be paid back part of the money left by the decision of the Court.
Article 356. Advance payment of costs of the review, appraisal and cost review, appraisal in place 1. Advance payment of costs considered, the appraisal is the amount that the temporary Court to proceed with the review, appraisal in place.
2. The cost of the review, the evaluation is necessary and reasonable amount to pay for the work reviewed, appraised in place pursuant to the provisions of the law.
Article 357. Obligation to advance the cost consideration, evaluation in place 1. Who asked the Court to consider, the appraisal must advance costs, appraisal review in place at the request of the Court.
2. where the Court deems necessary and decided to consider, on the spot appraisal, the petitioner, the appeal under the procedure of appeal must advance the cost consideration, evaluation in place.
Article 358. The obligation to bear the costs of review, evaluation of the spot where the litigant parties no other agreement or law is not otherwise specified, the obligation to bear the costs of review, evaluation of the spot is determined as follows: 1. Litigants have to bear the costs of the review, appraisal in place if their request was not accepted Court;
2. in case of suspension of the case provided for in point c paragraph 1 to article 143, paragraph 1 Article 234 of this law, the litigant must bear the costs of review, evaluation in place.
Settling the case of appeals provided for in art. 2 Article 225, paragraph 1 c 229 of this Law Thing then the appeal under the procedure of appeal must bear the costs of review, evaluation of in situ;
3. With regard to the case of suspension of the case under the provisions of other laws, the person requesting the review, the evaluation must bear the costs of review, evaluation in place.
Article 359. Advance disposal fees, appraisal review in place 1. The case has paid advance costs to consider, on the spot appraisal does not incur the cost of review, evaluation of spot, the people have to bear the costs of the review, appraisal in place according to the decision of the Court to reimburse the person who has paid the advance fee, appraisal review in place.
2. where the person has paid the advance costs of review, evaluation must bear the costs of review, evaluation, if the amount of the advance already paid enough for the cost review, assess the actual premises then they must file by adding the missing money; If the amount of the advance already paid more than the cost of the review, assess the actual premises then they are paid back part of the money left by the decision of the Court.
360 thing. Advance payment of costs, the costs of inspection inspection 1. Advance payment of costs of the assessment is the amount that the temporary computer examiners to conduct the assessment according to the decision of the Court or at the request of the examiner.
2. Inspection is necessary and reasonable amount to pay for the assessment and calculation by the examiner pursuant to provisions of the law.
Article 361. Obligation to advance the cost of the assessment cases litigants have no other agreement or law is not otherwise specified, the obligation to advance the cost assessment is defined as follows: 1. The person requesting the Court examiner referendum must advance the cost of the assessment.
The case of the litigants ask the Court examiner referendum about the same object, then each party litigants must pay half the amount of the advance costs evaluation;
2. where the Court deems necessary and decide on the assessment, the petitioner, the appeal under the procedure of appeal must advance inspection;
3. Privy, the appellant asked the Court examiner referendum which was not accepted and require organizations, individuals assess the advance inspection is made under the provisions of the law on the judicial inspection.
Article 362. The obligation to bear the costs of the assessment where the litigant parties no other agreement or law is not otherwise specified, the obligation to bear the costs of the assessment are defined as follows: 1. The person requesting the Court examiner referendum must bear the costs of the assessment, if the evaluation results demonstrate that person's request is unfounded. Case evaluation results prove their claim only the base part, they must pay the cost for the appraisal of their request has proved to be unfounded;
2. Who do not accept the referendum required the assessment of other litigants in the case to file charges, if proven assessment results required by the referendum requirements assessment is based. Case evaluation results demonstrate the required referendum examiner only partially base then people do not accept referendum examiner must bear the costs of the respective inspection with the requirements that have been proven to be groundless;
3. in case of suspension of the case as defined in point c paragraph 1 to article 143, paragraph 1 Article 234 of this Act, the petitioner must bear the costs of the assessment.
The case of settling the appeals judges as defined in art. 2 225, point c paragraph 1 to article 229 of this law the appeal under the procedure of appeal must bear the costs of the assessment;
4. where the person requesting inspection yourself according to the provisions in paragraph 3 Article 361 of this law, if the assessment results to prove the person's request is based, the losers must bear the costs of the assessment. Case evaluation results demonstrate their examiners required only the base part, they must pay the cost for the appraisal of their request has proved to be unfounded;
5. With regard to the case of suspension of the case under the provisions of other laws, then the required referendum examiner must bear the costs of the assessment.
Article 363. Cash advance handling fee examiner has filed 1 case who advance the cost assessment is not subject to inspection, the person must bear the costs of the assessment by the Court's decision must reimburse the person who has paid the advance inspection.
2. where the person has paid the advance inspection must bear the costs of the assessment, if the amount of the advance already paid enough for actual inspection costs then they must file by adding the missing money; If the amount of the advance already paid more than the actual inspection costs they are charged the money left by the decision of the Court.
Article 364. Advance payment of costs of property valuation, property valuation costs 1. Advance payment of costs of valuation of property is the amount that temporary valuation Council to conduct the valuation according to the decision of the Court.
2. The cost of property valuation is reasonable, the amount required to pay for the valuation of assets and the valuation by the board computer based on the rule of law.
365 things. Obligation to advance the cost of property valuation cases litigants have no other agreement or law is not otherwise specified, the obligation to bear the costs of property valuation is determined as follows: 1. The request property valuation must advance costs property valuation;
2. where the litigants do not agree on the price and ask the Court to property valuation, then each party litigants must pay half the cost cash advance property valuation. The case has many litigants, litigants parties together to advance the cost of property valuation according to the extent that the Court decision;
3. where the provisions of paragraph 3 of this Law 91 Thing then the petitioner, who appeals to advance the cost of property valuation.
Article 366. The obligation to bear the costs of property valuation, valuation of assets where the litigants have no other agreement or law is not otherwise specified, the obligation to bear the costs of property valuation, valuation of assets is determined as follows: 1. Litigants have to bear the costs of property valuation if their request was not accepted Court;

2. where the Court decision of valuation specified in point d of paragraph 91 of this Law Article 3: a) the litigant must bear the costs of property valuation specified in paragraph 1 of this article if the valuation results prove the property valuation decision of the Court is based;
b) court charged the cost of property valuation if the valuation results prove the property valuation decisions of the Court are unfounded.
3. in case of suspension of the case as defined in point c paragraph 1 to article 143, paragraph 1 Article 234 of this Act and the Council valuation was conducting evaluations the petitioner must bear the costs of property valuation.
The case of settling the appeals judges as defined in art. 2 225, point c paragraph 1 to article 229 of this law and the Council valuation has conducted evaluations of people appeal under the procedure of appeal must bear the costs of property valuation;
4. The case of suspension of the case under the provisions of other laws and valuation Council have conducted evaluations of people asking price must bear the costs of property valuation.
5. The obligation to bear the costs of valuation the property of litigants are made as the obligation to bear the costs of appraising the property specified in the paragraph 1, 3 and 4 of this Article.
Article 367. Handle cash advance cost valuation of property 1. The case has paid advance costs property valuation does not have to bear the costs of property valuation, then the people have to bear the costs of property valuation according to the decision of the Court to reimburse the person who has paid the advance costs of property valuation.
2. where the person has paid the advance costs of property valuation must bear the costs of property valuation, if the amount of the advance already paid enough for the cost evaluation fact then they must file by adding the missing money; If the amount of the advance already paid more than the actual valuation costs then they are paid back part of the money is still excessive.
Article 368. Costs for witnesses 1. Actual and reasonable expenses for witnesses because the litigants to bear.
2. The proposed court to summon witnesses must bear the cost of money for witnesses if appropriate testimony to truth but not right with the requirements of the proposal. Cases appropriate testimony to truth and the right to request of the proposal to summon witnesses, then this cost by the litigants have requested independent of the requirements of the proposal.
Article 369. The cost for an interpreter, lawyers 1. The cost for an interpreter is the amount paid to the translator in the process of resolving the administration by agreement of the translator or equivalent as defined by the law.
2. Costs for lawyers is money to pay for attorneys under the agreement of litigants with lawyers in the scope provisions of practicing lawyers and organizations under the provisions of the law.
3. Costs for the translator, lawyer by request, except where the litigants have a different agreement.
4. where the Court requires the interpreter costs for an interpreter because court charged.
Article 370. Specific regulations about the costs in other proceedings pursuant to the provisions of this law, the Standing Committee of the National Assembly of specific provisions on the costs of Justice trusts offshore, considering costs, appraisal, inspection, valuation of assets; the cost for the witness, interpreter; other litigation costs due to other laws and regulations the exemption, reduction of costs of the proceedings in the course of the case.
Chapter XXIII TERMS ENFORCED Article 371. Effect 1. This law is in effect from July 1, 2016, unless the following provisions of this law are relevant to the provisions of the Civil Code No. 91/2015/QH13 shall have effect from 1 January 2017: a) regulations relating to people who have cognitive difficulties behavioural mastery;
b) regulations relating to the representative, is the legal guardian;
c) provisions related to the household, group collaboration, the organization does not have legal personality.
2. the administrative proceedings Law No. 64/2010/QH12 expired from the day this law is in effect.
Article 372. Detailed rules Committee of the National Assembly, the Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties regulated in detail the article, account was given in the law.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ this law was the National Assembly of the Socialist Republic of Vietnam locked XIII session through October 25, 2015./.