Judgment Reviews Law at Vietnam
In Vietnam, judicial review of administrative decisions is governed by the Law on Administrative Procedures (2015), which outlines the framework for individuals and organizations to challenge administrative acts through the court system.
⚖️ Legal Framework
The primary legal basis for judicial review in Vietnam includes:
Law No. 93/2015/QH13 on Administrative Procedures: This law establishes procedures for individuals and organizations to file lawsuits against administrative decisions or acts they consider unlawful.
Law No. 64/2010/QH12 on Administrative Procedures: This law complements the 2015 law by providing additional provisions on administrative procedures.
Law No. 15/2012/QH13 on Handling Administrative Violations: This law addresses the handling of administrative violations and the enforcement of related decisions.
🏛️ Judicial Structure
Vietnam's judicial system includes
People's Courts: These courts have the authority to hear administrative cases, including lawsuits against administrative decisions or acts.
Supreme People's Court:This is the highest court in Vietnam, overseeing the administration of justice and providing guidance on legal matters. The People's Courts handle administrative cases, while the Supreme People's Court provides oversight and guidance
📝 Grounds for Judicial Review
Individuals and organizations can challenge administrative decisions on several ground.
Illegality When an administrative act contravenes the law.
Irrationality When a decision is unreasonable or made under dictatio.
Procedural Impropriety When due process is not followed in decision-makin. These principles ensure that administrative actions are lawful, reasonable, and fair.
⏳ Procedures and Deadlines
To initiate a judicial review in Vietna:
Filing a Lawsuit An individual or organization must file a lawsuit with the People's Court against the administrative decision or act.
Court Proceedings The court will review the case, considering the legality and fairness of the administrative decision or act
Judgment The court will issue a judgment, which may uphold, annul, or modify the administrative decision or act. Specific deadlines for initiating judicial review may vary depending on the nature of the administrative act and the applicable legal provision.
🧭 Judicial Independence and Oversight
The judiciary in Vietnam operates independently, with judges being subject only to the law. The People's Courts have the authority to review the legality of administrative actions, ensuring that public bodies act within their powers and respect the rule of law
🌍 Regional and International Oversight
As a member of the Association of Southeast Asian Nations (ASEAN), Vietnam is subject to regional legal instruments that promote good governance and the rule of Law
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