Law on Administrative Procedures, Law No. 93/2015/QH13

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ATTRIBUTE Law on Administrative Procedures

Law No. 93/2015/QH13 dated November 25, 2015 of the National Assembly on Administrative Procedures
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:93/2015/QH13Signer:Nguyen Sinh Hung
Type:LawExpiry date:Updating
Issuing date:25/11/2015Effect status:
Known

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Fields:Administration , Justice

SUMMARY

Electronic data messages are considered the identification of evidences

 

In accordance with the Law on Administrative Procedures No. 93/2015/QH13 passed by the National Assembly on November 25, 2015, beside original exhibits, Notarized or authenticated documents,  testimonies of involved parties or witnesses…From July 01, 2016, electronic data messages expressed in the form of exchange of e-data, e-documents, emails, telegrams, facsimiles and other similar forms prescribed by the law on e-transactions or documents certifying legal events or acts made on the spot by responsible persons shall be regarded as evidences if they have been made according to procedures are considered the identification of evidences.

Involved parties may collect evidences by themselves by collecting readable, audible or visible materials, or electronic data messages; collecting exhibits; identifying witnesses and taking certifications by witnesses; requesting agencies, organizations or individuals to permit copying of or provide documents related to the settlement of the case which are currently kept or managed by the latter; requesting commune-level People’s Committees to authenticate signatures of witnesses; requesting the court to collect documents and evidences if they are unable to do so; requesting the court to issue decisions to solicit expert examination or valuation of assets; requesting agencies, organizations or individuals to perform other jobs.

Besides, Agencies, organizations or individuals may institute lawsuits over administrative decisions or acts or disciplinary decisions on dismissal in case they disagree with these decisions or acts or they have filed complaints with persons competent to settle complaints but their complaints remain unsettled upon the expiration of the law-prescribed time limit for complaint settlement or they disagree with the settlement of their complaints about these decisions or acts. Individuals and organizations may institute lawsuits over decisions on settlement of complaints about decisions on handling of competition cases in case they disagree with these decisions. Within 10 days after receiving a notice of legal cost advance payment, the plaintiff shall pay the legal cost advance and produce the legal cost advance receipt to the court.

This Law takes effect on July 01, 2016 excepts the provisions relevant to the provisions of Civil Code No. 91/2015/QH13 such as provisions concerning persons having difficulty in cognizing and controlling their acts; concerning legal persons being representatives or guardians; concerning households, cooperative groups or organizations without the legal person status shall take effect on January 1, 2017.
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Effect status: Known

THE PRESIDENT

 
No. 23/2015/L-CTN
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, December 8, 2015
 
ORDER
On the promulgation of law[1]
 
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Article 88 and 91 the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
 
PROMULGATES:
 
The Law on Administrative Procedures,
Which was passed on November 25, 2015, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 10th session.
 
President of the Socialist Republic of Vietnam
TRUONG TAN SANG
 
 
 
THE NATIONAL ASSEMBLY
No. 93/2015/QH13
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
LAW
On Administrative Procedures[2]
 
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Administrative Procedures.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and tasks of the Law on Administrative Procedures
The Law on Administrative Procedures prescribes fundamental principles in administrative procedures; tasks, powers and responsibilities of procedure-conducting agencies and persons; rights and obligations of procedure participants and related agencies, organizations and individuals; order and procedures for instituting lawsuits, settling administrative cases, executing administrative judgments and settling complaints and denunciations in administrative procedures.
The Law on Administrative Procedures contributes to safeguarding justice, human rights, citizens’ rights, the socialist regime, interests of the State, and lawful rights and interests of agencies, organizations and individuals; educates people in strictly abiding by law; and ensures the stability, continuity and effectiveness of the national administration.   
Article 2. Subjects of application and effect of the Law on Administrative Procedures
1. The Law on Administrative Procedures applies to all administrative procedural activities conducted in the territory, including the mainland, islands, maritime zones and air space, of the Socialist Republic of Vietnam.

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