Ordinance 03/2022/UBTVQH15 Procedures for Decision on Application of Administrative Handling Measures

ORDER

On the promulgation of ordinance

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Ordinance on Order and Procedures for Consideration of and Decision on Application of Administrative Handling Measures at People’s Courts,

which was passed on December 13, 2022, by the Standing Committee of the XV^th National Assembly of the Socialist Republic of Vietnam at its 18^th session.

President of the Socialist Republic of Vietnam
NGUYEN XUAN PHUC

ORDINANCE

On Order and Procedures for Consideration of and Decision on Application of Administrative Handling Measures at People’s Courts^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 15/2012/QH13 on Handling of Administrative Violations, which had a number of articles amended and supplemented under Law No. 54/2014/QH13, Law No. 18/2017/QH14, and Law No. 67/2020/QH14;

The National Assembly Standing Committee promulgates the Ordinance on Order and Procedures for Consideration of and Decision on Application of Administrative Handling Measures at People’s Courts.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Ordinance provides for the order and procedures for people’s courts to consider and decide on the application of administrative handling measures of consignment to reformatories, consignment to compulsory education institutions and consignment to compulsory drug rehabilitation facilities (below collectively referred to as administrative handling measures); order and procedures for consideration of and decision on postponement of or exemption from the execution, reduction of duration of, suspension or exemption from the execution for the remaining duration of application of administrative handling measures; complaints about, petitions and protests against, the application of administrative handling measures and settlement thereof.   

Article 2. Principles of consideration of and decision on application of administrative handling measures

1. The consideration of and decision on application of administrative handling measures must adhere to the principles specified in Clause 2, Article 3 of the Law on Handling of Administrative Violations; for minors, it is also required to carry out procedures in a swift and timely manner, ensure minor-friendly procedures suitable to their psychology, sex, age, maturity and cognitive ability and ensure adherence to the principles specified in Clauses 1, 2, 4 and 5, Article 134 of the Law on Handling of Administrative Violations.

2. To guarantee the rights of persons subject to application of administrative handling measures (below referred to as subject persons) to participate in and present their opinions before the court and make arguments at sessions in accordance with this Ordinance.

3. To guarantee the right of subject persons to have their lawful rights and interests protected.

Subject persons, or parents or guardians of subject persons being minors may protect the lawful rights and interests of the subject persons by themselves or ask lawyers or other persons to do so. Subject persons who are entitled to legal aid may request organizations providing legal aid to protect their lawful rights and interests in accordance with the Law on Legal Aid.

For a subject person who is a minor and has no one protecting his/her lawful rights and interests, the court shall request an organization providing legal aid to appoint a legal aid provider or lawyer in accordance with the Law on Legal Aid or request a bar association to assign a law-practicing organization to appoint a lawyer to protect his/her lawful rights and interests.

4. The consideration of and decision on application of an administrative handling measure shall be carried out by a judge, who shall remain independent and abide only by law. It is required to ensure the impartiality of persons who conduct sessions to consider and decide on application of administrative handling measures.

5. The spoken and written language used in the consideration of and decision on application of administrative handling measures at courts is Vietnamese. Subject persons or their lawful representatives may use spoken and written languages of their ethnic groups with the assistance of interpreters.

6. To guarantee the two-tier participation in consideration of and decision on application of administrative handling measures.

Article 3. Jurisdiction to consider and decide on application of administrative handling measures     

1. The jurisdiction of people’s courts of districts, towns, provincial cities or municipal cities (below collectively referred to as district-level people’s courts) to consider and decide on application of administrative handling measures is provided as follows:

a/ District-level people’s courts in localities where head offices of agencies of persons who request the application of administrative handling measures (below referred to as requesters) are located, except the case specified at Point b of this Clause, have the jurisdiction to consider and decide on application of administrative handling measures;

b/ District-level people’s courts in localities where subject persons commit violations in case requesters are chiefs of district-level public security offices or directors of provincial-level Departments of Public Security as specified in Clause 2, Article 99; Clause 1, Article 100; Clause 2, Article 101; and Clause 1, Article 102, of the Law on Handling of Administrative Violations have the jurisdiction to consider and decide on application of administrative handling measures.

2. People’s courts of provinces and centrally run cities (below collectively referred to as provincial-level people’s courts) have the jurisdiction to review decisions of district-level people’s courts about/against which complaints, petitions or protests are filed.

Article 4. Supervision of consideration of and decision on application of administrative handling measures

1. People’s procuracies shall supervise the legality of acts and decisions of people’s courts, agencies, organizations and individuals in the consideration of and decision on application of administrative handling measures in accordance with this Ordinance; and exercise the right to make requests, petitions or protests in order to ensure the timely and lawful settlement thereof.

2. People’s procuracies shall participate in sessions; and participate in the consideration of postponement of, exemption from, reduction of duration of the execution for the remaining duration of application of administrative handling measures, or suspension from the serving of decisions on application of administrative handling measures in accordance with this Ordinance.

3. After receiving notices of acceptance of case files from same-level courts, procuracies may study such case files and make copies thereof.

Article 5. Responsibilities of agencies, organizations and individuals in the consideration of and decision on application of administrative handling measures

1. Agencies, organizations and individuals may not illegally intervene in courts’ consideration of and decision on application of administrative handling measures.

2. Within the ambit of their tasks and powers, agencies, organizations and individuals shall coordinate with courts in considering and deciding on application of administrative handling measures upon the latter’s request.

3. Legally effective court decisions shall be executed and respected by agencies, organizations and individuals. Related agencies, organizations and individuals shall execute court decisions and take responsibility before law therefor.

Article 6. Responsibility to manage the consideration of and decision on application of administrative handling measures

Within the ambit of its functions, tasks and powers, the Supreme People’s Court shall manage courts’ consideration of and decision on application of administrative handling measures and has the following tasks and powers:

1. To assume the prime responsibility for, and coordinate with other agencies in, promulgating, proposing the promulgation of, or submitting to competent agencies for promulgation, legal documents on the order and procedures for consideration of and decision on application of administrative handling measures;

2. To organize the making of statistics, building and management of the database on consideration of and decision on application of administrative handling measures;

3. To assume the prime responsibility for, and coordinate with other agencies in, providing guidance on and professional training and further training in the implementation of regulations on consideration of and decision on application of administrative handling measures;

4. To examine the observance of the law on handling of administrative violations in courts’ consideration of and decision on application of administrative handling measures;

5. To send annual reports on courts’ consideration of and decision on application of administrative handling measures to the Ministry of Justice; to direct people’s courts at all levels in reporting and providing information on the consideration of and decision on application of administrative handling measures under Clause 4, Article 17 of the Law on Handling of Administrative Violations.

Article 7. Expenses and fees for the consideration of and decision on application of administrative handling measures

1. Expenses for the consideration of and decision on application of administrative handling measures include:

a/ Expenses for interpreters and translators;

b/ Expenses for lawyers and legal aid providers who act as defenders of the lawful rights and interests of subject persons;

c/ Expenses for expert assessment and other expenses as specified by law.

2. The expenses for the consideration of and decision on application of administrative handling measures specified in Clause 1 of this Article shall be paid in accordance with regulations on procedural expenses.

3. Responsibility to pay expenses for the consideration of and decision on application of administrative handling measures:

a/ The expenses specified at Points a and b, Clause 1 of this Article shall be paid by subject persons themselves or by parents or guardians of subject persons being minors who request interpreters/translators and lawyers/legal aid providers, unless otherwise provided by law;

b/ The expenses specified in Clause 1 of this Article shall be paid by courts that request interpreters/translators and lawyers/legal aid providers, except the case specified at Point c of this Clause;

c/ The expenses specified at Point b, Clause 1 of this Article for legal aid providers or lawyers who are appointed by organizations providing legal aid shall be paid in accordance with the law on legal aid.

4. Fees for issuance of copies of papers and making of photocopies of documents at courts shall be paid in accordance with regulations on legal costs and court fees.

Chapter II

ORDER AND PROCEDURES FOR CONSIDERATION OF AND DECISION ON APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 8. Time limit for consideration of and decision on application of administrative handling measures

Within 15 days after accepting a dossier of request for application of an administrative handling measure (below referred to as dossier of request), the court shall issue one of the decisions specified at Point k, Clause 3, Article 21 of this Ordinance. For cases that require more time for examination, assessment, and consultation with specialized agencies or other complicated cases, this time limit may be prolonged but must not exceed 30 days.

Article 9. Receipt and acceptance of dossiers of request

1. Upon receiving a dossier of request, the court shall make entries thereof in a dossier receipt book. In case the dossier does not comprise all the documents specified in Clause 2, Article 100; Clause 2, Article 102; or Clause 2, Article 104, of the Law on Handling of Administrative Violations, the court shall, within 2 working days, return such dossier, clearly stating in writing the reason.

2. Within 1 working day after receiving a complete dossier of request, the court shall accept it and assign a judge to consider and settle it.

Article 10. Assignment of judges to consider and decide on application of administrative handling measures

1. Within the time limit specified in Clause 2, Article 9 of this Ordinance, the chief justice of a court shall assign a judge to consider and decide on application of an administrative handling measure. For the consideration of and decision on application of the measure of consignment to a reformatory, the assigned judge must be a person trained or experienced in the settlement of minor-related cases or knowledgeable about psychology and education science for minors.

2. The assigned judge shall refuse to consider and decide on application of an administrative handling measure in one of the cases specified in Article 11 of this Ordinance.

3. In case the assigned judge cannot continue performing his/her tasks or falls into the case in which he/she is required to refuse to consider and decide on application of an administrative handling measure, the chief justice shall assign another judge to do so.

Article 11. Cases requiring refusal or change of a judge or session clerk

1. He/she is a relative of the subject person.

2. He/she has considered and decided on application of an administrative handling measure in the same case.

3. He/she has carried out the settlement of the complaint, petition or protest against the decision on application of an administrative handling measure in the same case.

4. There is another clear ground to believe that he/she might be not impartial while performing his/her duty.

Article 12. Notification of acceptance of dossiers of request

1. Within 2 working days after accepting a dossier of request, the court shall notify in writing the acceptance of such dossier to the requester, the subject person, the parent or guardian of the subject person being a minor, a lawful representative (if any) of the subject person, and the same-level procuracy.

2. A notice of acceptance of a dossier of request must have the following principal contents:

a/ Date of issuance of the notice;

b/ Name of the court that has accepted the dossier of request;

c/ Serial number, and date of acceptance, of the dossier of request;

d/ Full name, position and name of the agency of the requester; full name of the authorized person (if any);

dd/ Full name, date of birth, sex, place of residence, and personal identification number, people’s identity card number or citizen identity card number (if any) of the subject person;

e/ Measure requested to be applied.

Article 13. Examination of dossiers of request

1. The assigned judge shall examine a dossier of request in terms of:

a/ Documents in the dossier of request as specified in Clause 2, Article 100; Clause 2, Article 102; or Clause 2, Article 104, of the Law on Handling of Administrative Violations;

b/ Statute of limitations for application of an administrative handling measure as specified at Points b, c, d and dd, Clause 2, Article 6 of the Law on Handling of Administrative Violations;

c/ The subject person, and competence, order and procedures for making the dossier of request.

2. In case of necessity to clarify the health condition, psychological state, and living, learning or working conditions of subject persons, judges may consult medical, psychological, educational and sociological experts, representatives of agencies or organizations where such subject persons work or representatives of schools where such subject persons study, representatives of commune-level People’s Committees, representatives of commune-level Vietnam Fatherland Front Committees and their member organizations in localities where such subject persons reside, and other agencies, organizations and individuals.

3. Judges shall request in writing organizations providing legal aid to appoint legal aid providers or lawyers or request bar associations to assign law-practicing organizations to appoint lawyers for subject persons who are minors specified in Clause 3, Article 2 of this Ordinance.

4. Within 3 working days after being assigned, the judge shall base himself/herself on results of the examination of a dossier of request to decide to:

a/ Request addition of documents in the dossier of request;

b/ Terminate or suspend the consideration of and decision on application of an administrative handling measure; or,

c/ Hold a session to consider and decide on application of an administrative handling measure.

Article 14. The right of subject persons to provide documents    

1. During the period from the date of receipt of the court’s notice of acceptance of the dossier of request to the date when the court holds a session and at the session, the subject person, the parent or guardian of the subject person being a minor, a lawful representative (if any) of the subject person, or the defender of the lawful rights and interests of the subject person has the right to provide documents to the court that has accepted the dossier of request.

2. Documents may be provided by the following mode: hand-delivery at courts; sending to courts by post; or sending by electronic means via portals (if any) of courts.

Article 15. Requests for addition of documents

1. The judge shall request a requester to add documents in the following cases:

a/ The dossier of request’s document is unclear or contradictory that needs to be added or clarified;

b/ There is a violation of the order and procedures for making the dossier of request.

2. Written requests for addition of documents must clearly state documents that need to be added and reasons for the request.

3. The time limit for addition of documents is 2 working days after the request is received. For a case that requires more time for examination, assessment, and consultation with specialized agencies or for a complicated case, the judge may decide on the time limit not exceeding 5 working days for addition of documents. The subject person shall send the additional documents to the court; otherwise, the subject person shall reply or explain in writing, clearly stating the reason.

4. Within 1 working day after receiving additional documents or from the date of expiration of the time limit specified in Clause 3 of this Article, if the subject person fails to add the documents, the judge shall decide to hold a session to consider and decide on application of an administrative handling measure.

Article 16. Termination or suspension of the consideration of and decision on application of administrative handling measures

1. The judge shall decide on termination of the consideration of and decision on application of an administrative handling measure when:

a/ The statute of limitations for application of an administrative handling measure specified at Point b, c, d or dd, Clause 2, Article 6 of the Law on Handling of Administrative Violations has expired;

b/ The subject person is dead;

c/ The subject person is not subject to application of an administrative handling measure specified in Clause 1, 2, 3 or 4, Article 92; Clause 1, Article 94; or Clause 1, Article 96, of the Law on Handling of Administrative Violations;

d/ The subject person falls into the case specified in Clause 5, Article 92; Clause 2, Article 94; or Clause 2, Article 96, of the Law on Handling of Administrative Violations;

dd/ The requester withdraws the request;

e/ There has been a court’s legally effective criminal judgment or decision against the subject person’s act for which he/she is requested to be subject to the application of an administrative handling measure;

g/ The subject person is serving the imprisonment penalty or awaiting the serving of the imprisonment penalty or death penalty under a legally effective court judgment or decision; or,

h/ The subject person suffers a critical illness as certified by a district- or higher-level medical examination and treatment establishment.

2. The judge shall decide on suspension of the consideration of and decision on application of an administrative handling measure when:

a/ The violation act of the subject person shows signs of a crime and the court is required to transfer the case file to an agency competent to conduct criminal proceedings for consideration or the subject person is being examined for penal liability for such act; or,

b/ There arises a new circumstance related to the health condition or mental state of the subject person and it is necessary to require the requester to solicit expert assessment thereof.

3. Within 2 working days after a reason for suspension specified in Clause 2 of this Article no longer exists, the court shall decide on resumption of the consideration of and decision on application of an administrative handling measure or decide on termination of the consideration of and decision on application of an administrative handling measure in accordance with this Ordinance.

Article 17. Decisions to hold sessions to consider and decide on application of administrative handling measures

1. Within 7 working days after deciding to hold a session, the court shall hold such session to consider and decide on application of an administrative handling measure.

2. A decision to hold a session must have the following principal contents:

a/ Full name, date of birth, sex, place of residence, and personal identification number, people’s identity card number or citizen identity card number (if any) of the subject person; full name and place of residence of the lawful representative (if any) of the subject person;     

b/ Full name and place of residence of the parent or guardian of the subject person being a minor;

c/ Full name, position and name of the agency of the requester; full name of the authorized person (if any);

d/ Measure requested to be applied;

dd/ Date and place of holding a direct or online session;

e/ Full names of the judge and session clerk;

g/ Full name of the defender of the lawful rights and interests of the subject person;

h/ Full name of the interpreter (if any);

i/ Full names of other persons requested to participate in the session (if any).

3. At least 3 working days before a session is held, the decision to hold such session shall be sent to the persons specified at Points a, b, c, g, h and i, Clause 2 of this Article and the same-level procuracy.

Article 18. Session conductors and participants 

1. Conductors of a session include the judge and clerk.

2. Participants in a session include the requester or his/her authorized person; a procurator; the subject person and his/her lawful representative (if any); parent or guardian of the subject person being a minor; and the defender of the lawful rights and interests of the subject person.

3. In case of necessity, the court shall request the expert witness, interpreter, translator, medical, psychological, educational and sociological experts, a representative of the agency or organization where the subject person works or a representative of the school where the subject person studies; a representative of the commune-level People’s Committee, representatives of the commune-level Vietnam Fatherland Front Committee and its member organizations in the locality where the subject person resides, and other persons participating in the session to present their opinions for clarifying related matters.

Commune-level child protection workers shall participate in sessions in the case specified in Clause 3, Article 72 of the Law on Children.

Article 19. Rights and obligations of participants in a session

1. To request change of the conductor of the session.

2. To know, read, take notes of, copy and view documents in the dossier of request.

3. To provide documents, present and explain their opinions, and make their arguments at the session in accordance with this Ordinance.

4. To receive the court’s decisions.

5. To file complaints, petitions and protests in accordance with this Ordinance.

6. To be present at the session when requested by the court.

7. To respect the court and abide by internal rules of the session.

8. To abide by legally effective court decisions.

9. Other rights and obligations as provided by law.

Article 20. Participation in sessions to consider and decide on application of administrative handling measures

1. The participants in a session specified in Clause 2, Article 18 of this Ordinance shall be present at the session. In case the requester or his/her authorized person or the procurator is absent, the court shall postpone the session.

2. In case the subject person, a lawful representative (if any) of the subject person, the parent or guardian of the subject person being a minor, or the defender of the lawful rights and interests of the subject person is absent for the first time for plausible reasons, the court may postpone the session. In case such a person is absent without giving a plausible reason or requests consideration of his/her absence, or is absent for the second time, the court shall still hold the session.

3. In case the interpreter is absent without any immediate replacement, the court shall postpone the session.

4. A session may be postponed for up to 5 working days from the date of issuance of a postponement notice. The court shall notify the postponement of a session to the participants specified in Clause 1 of this Article and clearly state the reason for the postponement and expected time of resumption of the session. Immediately after deciding on postponement of a session, the court shall send a postponement notice to the persons absent from the session.

Article 21. Sessions to consider and decide on application of administrative handling measures

1. Sessions to consider and decide on application of administrative handling measures may be held in person or online.

2. Before a session is opened, the session clerk shall:

a/ Check the presence of the persons summoned by the court to participate in the session; if someone is absent from the session, clarify the reason for his/her absence and report it to the judge for considering whether to proceed with or postpone the session;

b/ Announce internal rules of the session.

3. A session proceeds as follows:

a/ The judge declares the opening of the session;

b/ The judge explains rights and obligations of participants in the session. In case of any request for change of the judge or session clerk, the judge shall consider it. If such request falls into the case specified in Article 11 of this Ordinance, the judge shall suspend the session and report such to the chief justice of the court for consideration and decision. The session shall be postponed in case it is necessary to change the judge or in case it is necessary to change the session clerk without any replacement. The postponement of sessions must comply with Clause 4, Article 20 of this Ordinance;

c/ The requester or his/her authorized person presents contents of the request;

d/ The subject person, a lawful representative (if any) of the subject person, and the parent or guardian of the subject person being a minor present their opinions on contents of the request;

dd/ The requester or his/her authorized person; the subject person, a lawful representative (if any) of the subject person; the parent or guardian of the subject person being a minor; and the defender of lawful rights and interests of the subject person present their opinions on grounds for application of the administrative handling measure or community-based education measure in replacement of the measure of consignment to a reformatory; personal records of the subject person; aggravating circumstances and extenuating circumstances; applied education form and method; request or non-request for application of the administrative handling measure; and duration of application of the administrative handling measure or community-based education measure;

e/ The expert witness, medical, psychological, educational and sociological experts, representative of the school where the subject person studies or representative of the agency or organization where the subject person works, representative of the commune-level People’s Committee, representatives of the commune-level Vietnam Fatherland Front Committee and its member organizations in the locality where the subject person resides, and other persons participating in the session present their opinions to clarify related matters. The commune-level child protection worker participating in the session presents his/her opinions on child protection affairs;

g/ The judge gives questions to the requester or his/her authorized person; the subject person, a lawful representative (if any) of the subject person; the parent or guardian of the subject person being a minor, and other participants in the session to clarify related matters;

h/ The subject person, a lawful representative (if any) of the subject person; the parent or guardian of the subject person being a minor; and the defender of lawful rights and interests of the subject person make discussions on related matters with the requester or his/her authorized person. Discussions shall be presided over by the judge. Participants in discussions may make counter-arguments to others’ arguments. The judge conducting the session may not impose restrictions on the time of discussions and shall create conditions for participants to fully present their opinions, and may request those who give irrelevant opinions or repeated opinions to stop doing that;

i/ The procurator presents his/her opinions on the lawfulness of acts or decisions of the court, agencies, organizations and individuals in the consideration of and decision on application of the administrative handling measure in accordance with this Ordinance;

k/ The judge decides on application or non-application of the administrative handling measure; decides on termination or suspension of the consideration of and decision on application of the administrative handling measure if falling in the case specified in Article 16 of this Ordinance and announces such decision right at the session.

In case the judge decides on non-application of the administrative handling measure but decides on application of the community-based education measure in replacement of the measure of consignment to a reformatory under Article 140a of the Law on Handling of Administrative Violations, his/her decision on application of the community-based education measure shall be announced.

4. In addition to complying with Clauses 1, 2 and 3 of this Article, a session to consider and decide on application of the measure of consignment to a reformatory shall also be held in a friendly manner to guarantee the lawful rights and interests as well as the best interests of the subject person. The meeting room shall be arranged in a friendly and safe manner. The judge assigned to conduct the session shall wear the court’s administrative attire. The parent or guardian and lawful representative (if any) of the subject person shall assist the subject person at the session. The questioning of the subject person must be suitable to his/her psychology, age, development level, academic level and knowledge. Questions must be concise, simple and easy to understand and may not be given about different matters at the same time.

Article 22. Minutes of sessions

The minutes of a session to consider and decide on application of an administrative handling measure must clearly state the date and place of the session; participants in the session; contents and proceedings of the session; and decision of the judge.

After the session is concluded, the judge shall check the minutes and, together with the session clerk, sign the minutes.

The procurator, the subject person, the lawful representative (if any) of the subject person, the parent or guardian of the subject person being a minor, the defender of the lawful rights and interests of the subject person, and the requester or his/her authorized person may view the minutes of the session, has the right to request recording of modifications and supplementations in the minutes, and shall sign the minutes.

Article 23. Contents of decisions on application or non-application of administrative handling measures and other decisions

A decision specified at Point k, Clause 3, Article 21 of this Ordinance must have the following principal contents:

1. Serial number, and date of issuance, of the decision;

2. Name of the court that has issued the decision;

3. Full names of the judge and session clerk;

4. Full name of the procurator participating in the session;

5. Full name, position and name of the agency of the requester; full name of the authorized person (if any);

6. Full name, date of birth, sex, personal identification number, people’s identity card number or citizen identity card number (if any), place of residence, occupation and educational level of the subject person; full name and place of residence of the lawful representative (if any) of the subject person, and of the defender of lawful rights and interests of the subject person;

7. Measure requested to be applied;

8. Reasons and grounds for issuance of the decision;

9. The judge’s decision on application or non-application of the administrative handling measure; application of the community-based education measure; or termination or suspension of the consideration of and decision on application of the administrative handling measure.

In case of a decision on application of an administrative handling measure, it must clearly state the measure to be applied, the duration of application after deducting the time of management of the subject person at the center or facility for receiving social policy beneficiaries or compulsory drug rehabilitation facility (if any) of the province or centrally run city. In case of a decision on application of the community-based education measure, it must clearly state the duration of application and the non-application of the measure of consignment to a reformatory;

10. Responsibilities of agencies, organizations and individuals that execute the decision;

11. The right to file complaints, petitions or protests against the decision;

12. Effect of the decision;

13. Recipients of the decision.

Article 24. Effect of court decisions

1. Decisions on application or non-application of administrative handling measures, decisions on application of the community-based education measure, and decisions on termination or suspension of the consideration of and decision on application of administrative handling measures take legal effect on the date of expiration of the time limit for filing complaints, petitions or protests specified in Article 32 of this Ordinance by which no complaint, petition or protest is filed.

2. The court decisions specified in this Chapter, except those specified in Clause 1 of this Article, take legal effect on the date of their issuance.

Article 25. Sending of court decisions

1. Within 2 working days after announcing or issuing a decision on application or non-application of an administrative handling measure, a decision on application of the community-based education measure, or a decision on termination or suspension of the consideration of and decision on application of an administrative handling measure, the court shall send such decision to the persons specified in Clauses 1, 2 and 4, Article 31 of this Ordinance.

2. The sending of decisions on application of administrative handling measures that take legal effect for implementation must comply with Article 107 of the Law on Handling of Administrative Violations.

The sending of decisions on application of the community-based education measure that take legal effect for implementation must comply with Clause 4, Article 140a of the Law on Handling of Administrative Violations.

Article 26. Management of dossiers for consideration of and decision on application of administrative handling measures

Materials and documents used in the course of consideration of and decision on application of administrative handling measures shall be included in dossiers, which shall be numbered and stored in accordance with law.

Chapter III

ORDER AND PROCEDURES FOR CONSIDERING AND DECIDING ON POSTPONEMENT OF, OR EXEMPTION FROM, THE EXECUTION; REDUCTION OF THE DURATION OF, SUSPENSION OF OR EXEMPTION FROM, THE EXECUTION OF THE REMAINING DURATION OF APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 27. Receipt and acceptance of dossiers of request for postponement of, or exemption from, the application of administrative handling measures

1. When having one of the grounds specified in Clauses 1 and 2, Article 111 of the Law on Handling of Administrative Violations, the person obliged to execute the decision on application of an administrative handling measure or his/her lawful representative may file a request for postponement of or exemption from the execution of such decision.

Such a request and accompanying documents shall be hand-delivered to the court that has issued the decision on application of an administrative handling measure, or sent by post or electronically via the court’s portal (if any).

2. Within 2 working days after receiving the request and accompanying documents, the court shall accept the request and assign a judge to consider and settle it and, at the same time, issue a notice to the requester, the person who has requested application of an administrative handling measure, and the same-level procuracy.

3. Within 3 working days after being assigned, the judge shall consider and issue a decision. When necessary, the court shall, before issuing a decision, request the same-level procuracy and the person who has requested application of an administrative handling measure to give their written opinions.

4. After considering the request, opinions of related agencies, organizations and individuals, and documents accompanying the request, the judge shall issue either of the following decisions:

a/ Decision on postponement of or exemption from the execution of the decision on application of an administrative handling measure;

b/ Decision on refusal of acceptance of the postponement of or exemption from the execution of the decision on application of an administrative handling measure;

5. A decision on postponement of or exemption from the execution of the decision on application of an administrative handling measure must have the following principal contents:

a/ Serial number, and date of issuance, of the decision;

b/ Name of the court that has issued the decision;

c/ Full name of the judge;

d/ Full name of the requester;

dd/ Full name, position and name of the agency of the person who has requested application of an administrative handling measure;

e/ Full name, date of birth, sex, personal identification number, people’s identity card number or citizen identity card number (if any), place of residence, occupation and educational level of the person obliged to execute the decision on application of an administrative handling measure; and full name and place of residence of his/her lawful representative (if any);

g/ Reasons and grounds for issuance of the decision;

h/ The judge’s decision on permission for postponement of or exemption from the execution of the decision on application of an administrative handling measure;

i/ Responsibilities of agencies, organizations and individuals that execute the decision;

k/ The right to file complaints, petitions or protests against the decision;

l/ Effect of the decision;

m/ Recipients of the decision.

6. A decision on postponement of or exemption from the execution of the decision on application of an administrative handling measure takes legal effect on the date of expiration of the time limit for filing complaints, petitions or protests specified in Article 32 of this Ordinance by which no complaint, petition or protest is filed, and shall, within 2 working days after being issued, be sent to the person specified in Clause 3, Article 111 of the Law on Handling of Administrative Violations, the person requesting application of an administrative handling measure, the same-level procuracy, and the commune-level People’s Committee of the locality where the person obliged to execute such decision resides.

Article 28. Reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of an administrative handling measure

1. If a person currently executing an administrative handling measure falls into one of the cases specified in Clauses 1 and 2, Article 112 of the Law on Handling of Administrative Violations, he/she will be entitled to reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of the administrative handling measure as considered by the court at the request of the head of the reformatory, head of the compulsory education institution or head of the compulsory drug rehabilitation facility.

2. The head of the reformatory, head of the compulsory education institution or head of the compulsory drug rehabilitation facility shall send a request to the court in the locality where such reformatory, institution or facility is based, which shall be accompanied by a copy of the decision on application of the administrative handling measure, documents proving that the person currently executing the administrative handling measure falls into one of the cases specified in Clauses 1 and 2, Article 112 of the Law on Handling of Administrative Violations, and other relevant documents (if any).

3. Within 2 working days after receiving the dossier of request for reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of the administrative handling measure, the court shall accept the dossier and assign a judge to consider and settle it and, at the same time, notify such to the requester and the same-level procuracy.

Within 3 working days after being assigned, the judge shall consider and issue a decision. When necessary, the same-level procuracy and the requester shall give their written opinions before the court issues a decision.

4. After considering the dossier, the judge shall issue either of the following decisions:

a/ Decision on acceptance of the whole or part of the request for reduction of the duration of application of the administrative handling measure; or acceptance of the request for suspension of, or exemption from, the execution of the remaining duration of, application of the administrative handling measure;

b/ Decision on non-acceptance of the request for reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of the administrative handling measure.

5. A decision on reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of an administrative handling measure must have the following principal contents:

a/ Serial number, and date of issuance, of the decision;

b/ Name of the court that has issued the decision;

c/ Full name of the judge;

d/ Full name and position of the requester specified in Clause 2 of this Article;

dd/ Full name, date of birth, sex, personal identification number, people’s identity card number or citizen identity card number (if any), place of residence, occupation and educational level of the person currently executing the decision on application of the administrative handling measure;

e/ Reasons and grounds for issuance of the decision;

g/ The judge’s decision on reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of the administrative handling measure;

h/ Responsibilities of agencies, organizations and individuals that execute the decision;

k/ The right to file complaints, petitions or protests against the decision;

l/ Effect of the decision;

m/ Recipients of the decision.

6. A decision on reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of an administrative handling measure takes legal effect on the date of expiration of the time limit for filing complaints, petitions or protests specified in Article 32 of this Ordinance by which no complaint, petition or protest is filed, and shall, within 2 working days after being issued, be sent to the person specified in Clause 3, Article 112 of the Law on Handling of Administrative Violations, and the same-level procuracy.

Article 29. Cancellation of decisions on postponement or suspension of the execution of decisions on application of administrative handling measures

1. When conditions for postponement of the execution of a decision on application of an administrative handling measure no longer exist or the person entitled to the postponement or suspension of the execution of the decision on application of the administrative handling measure falls into one of the cases specified in Clause 2, Article 113 of the Law on Handling of Administrative Violations, the commune-level People’s Committee of the locality where such person resides shall send a notice to the court that has issued the decision.

2. Within 1 working day after receiving the notice from the commune-level People’s Committee, the chief justice of the court that has issued the decision on postponement or suspension of the execution of the decision on application of the administrative handling measure shall assign a judge to consider and settle the case. Within 2 working days after being assigned, the judge shall consider and decide to annul the postponement or suspension decision and compel the person currently entitled to the postponement or suspension to execute the decision on application of the administrative handling measure.

3. A decision on compulsory execution of the decision on application of an administrative handling measure must have the following principal contents:

a/ Serial number, and date of issuance, of the decision;

b/ Name of the court that has issued the decision;

c/ Full name of the judge;

d/ Full name, date of birth, sex, personal identification number, people’s identity card number or citizen identity card number (if any), place of residence, occupation and educational level of the person entitled to postponement or suspension of the execution of the decision on application of the administrative handling measure;

dd/ Reasons and grounds for issuance of the decision;

e/ The judge’s decision annulling the decision on postponement or suspension of the execution of the decision on application of the administrative handling measure and compelling the person entitled to the postponement or suspension to execute the decision on application of the administrative handling measure;

g/ Responsibilities of agencies, organizations and individuals that execute the decision;

h/ The right to file complaints or protests against the decision;

i/ Effect of the decision;

k/ Recipients of the decision.

4. A decision on compulsory execution of the decision on application of an administrative handling measure takes legal effect and shall be executed immediately and shall, within 2 working days after being issued, be sent to the public security office, the same-level procuracy, the person compelled to execute the decision on application of the administrative handling measure, the commune-level People’s Committee of the locality where such person resides, and related agencies.

Chapter IV

COMPLAINTS, PETITIONS OR PROTESTS; SETTLEMENT OF COMPLAINTS, PETITIONS OR PROTESTS IN THE APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Section 1

COMPLAINTS, PETITIONS OR PROTESTS; SETTLEMENT OF COMPLAINTS, PETITIONS OR PROTESTS AGAINST COURT DECISIONS IN THE APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 30. Court decisions against which complaints, petitions or protests may be filed

1. Decisions on application of administrative handling measures, decisions on non-application of administrative handling measures, and decisions on application of the community-based education measure.

2. Decisions on termination or suspension of the consideration of, and decision on, application of administrative handling measures.

3. Decisions on postponement of, or exemption from, the execution of decisions on application of administrative handling measures.

4. Decisions on reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of administrative handling measures.

5. Decisions on compulsory execution of decisions on application of administrative handling measures.

Article 31. Persons having the right to file complaints, petitions or protests against court decisions

1. Subject persons or their lawful representatives, and parents or guardians of subject persons being minors have the right to file complaints against court decisions specified in Article 30 of this Ordinance.

2. Requesters have the right to file petitions against court decisions specified in Clauses 1, 2 and 3, Article 30 of this Ordinance when having grounds to believe that such decisions are illegal.

3. Persons filing requests for reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of administrative handling measures have the right to file petitions against court decisions specified in Clause 4, Article 30 of this Ordinance when having grounds to believe that such decisions are illegal.

4. Same-level procuracies may file protests against court decisions specified in Article 30 of this Ordinance when having grounds to believe that such decisions are illegal.

Article 32. Time limits for filing complaints, petitions or protests against court decisions

1. The time limit for filing a complaint against a court decision is 5 working days after the court announces such decision. In case the person having the right to complain is absent from the session or in case the court does not hold a session and issues a decision against which it is allowed to file complaints under this Ordinance, the time limit for filing a complaint is 5 working days after the person having the right to complain receives the court decision.

In case the complainant, due to a force majeure event or an external obstacle, cannot exercise the right to complain within the law-specified time limit, the period during which the force majeure event or external obstacle occurs shall not be included in the time limit for filing a complaint.

2. The time limit for filing a petition or protest against a court decision is 5 working days after the court announces such decision. In case the court does not hold a session and issues a decision against which it is allowed to file petitions or protests under this Ordinance, the time limit for filing a petition or protest is 5 working days after the person having the right to file petitions or protests receives the court decision.

Article 33. Procedures for filing complaints, petitions or protests against court decisions

1. A complainant shall file a complaint to the court that has issued the decision, clearly stating the reasons and grounds for filing the complaint, and supporting documents (if any) for his/her complaint.

2. A petitioner or the protesting same-level procuracy shall file a petition or protest to the court that has issued the decision, clearly stating the reasons and grounds for filing the petition or protest.

Article 34. Procedures for settlement of complaints, petitions or protests against court decisions

1. Within 2 working days after receiving a complaint, petition or protest, the district-level people’s court that has issued the decision against which the complaint, petition or protest is filed shall transfer such complaint, petition or protest together with the accompanying dossier to the competent provincial-level people’s court for consideration and settlement and, at the same time, send a notice of the filing of the complaint, petition or protest to related individuals and agencies and the same-level procuracy.

2. Within 2 working days after receiving the complaint, petition or protest together with the accompanying dossier, the competent provincial-level people’s court shall accept it and assign a judge to consider and settle it and, at the same time, send a notice to the complainant, petitioner and same-level procuracy.

3. Within 5 working days after being assigned, the judge shall hold a session to consider and settle the complaint, petition or protest. At least 3 working days before the session is held, the court shall send a notice of the holding of the session to the persons specified in Clause 4 of this Article.

4. A session to consider and settle a complaint, petition or protest shall be participated by:

a/ The subject person and the complainant; a lawful representative (if any) of the subject person; and the defender of the lawful rights and interests of the subject person;

b/ The requester or his/her authorized person;

c/ A procurator of the same-level procuracy;

d/ When necessary, the court may request the expert witness, interpreter, translator, medical, psychological, educational or sociological expert, a representative of the agency or organization where the subject person works or a representative of the school where the subject person studies, a representative of the commune-level People’s Committee, representatives of the commune-level Vietnam Fatherland Front Committee and its member organizations in the locality where the subject person resides, and other persons participating in the session to present their opinions for clarifying relevant matters. The commune-level child protection worker shall participate in sessions in the case specified in Clause 3, Article 72 of the Law on Children.

5. In case the complainant is absent for the first time for a plausible reason, the court shall postpone the session. If he/she is absent without giving a plausible reason or sends a request for permission for his/her absence, or is absent for the second time, the court shall proceed with the session. In case one of the persons specified at Points b and c, Clause 4 of this Article is absent, the court shall postpone the session. The postponement of sessions must comply with Clause 4, Article 20 of this Ordinance.

6. If the complainant withdraws his/her complaint, the petitioner withdraws his/her petition or the procuracy withdraws its protest, the court shall issue a decision to terminate the consideration of the complaint, petition or protest. In this case, the decision against which the complaint, petition or protest is filed takes legal effect on the date the court issues the termination decision.

Article 35. Sessions to consider and settle complaints, petitions or protests against court decisions

1. Clauses 1 and 4, Article 21 of this Ordinance shall apply at sessions to consider and settle complaints, petitions or protests against court decisions.

2. Before a session opens, the session clerk shall:

a/ Check the presence of persons summoned by the court to participate in the session; if someone is absent, clarify the reason for his/her absence and report thereon to the judge for the latter to consider whether to proceed with or postpone the session;

b/ Announce internal rules of the session.

3. A session proceeds as follows:

a/ The judge announces the opening of the session;

b/ The judge explains the rights and obligations of participants in the session. If there is a request for change of the judge or the session clerk, the judge shall consider the request. If the request falls into one of the cases specified in Article 11 of this Ordinance, the judge shall suspend the session and report it to the chief justice of the court for consideration and decision. The session shall be postponed in case it is required to change the judge or in case it is required to change the session clerk without any replacement. The postponement of sessions must comply with Clause 4, Article 20 of this Ordinance;

 c/ The complainant presents contents of the complaint; the petitioner or his/her authorized person presents contents of the petition; the procurator presents contents of the protest;

d/ The subject person or his/her lawful representative (if any) presents his/her opinions on contents of the petition or protest; the requester or his/her authorized person presents his/her opinions on contents of the complaint or protest;

dd/ The expert witness, the medical, psychological, educational or sociological expert, the representative of the school where the subject person studies or the representative of the agency or organization where the subject person works, the representative of the commune-level People’s Committee, representatives of the commune-level Vietnam Fatherland Front Committee and its member organizations in the locality where the subject person resides, and other persons participating in the session present their opinions for clarifying relevant matters. The commune-level child protection worker presents his/her opinions on child protection affairs;

e/ The judge gives questions to the complainant, petitioner or procurator in case the procuracy files the protest and other participants in the session for clarifying matters related to contents of the complaint, petition or protest;

g/ The subject person and his/her lawful representative (if any) make discussions about relevant matters with the petitioner or procurator in case the procuracy files the protest; the defender of lawful rights and interests of the subject person makes discussions to protect lawful rights and interests of the subject person. The discussions shall be presided over by the judge. Participants in the session may make counter-arguments in response to others’ arguments. The judge running the session may not impose restrictions on the time of discussion and shall create conditions for the participants in the session to make discussions and present all their opinions, and may request those who give irrelevant opinions or repeated opinions to stop doing that;

h/ The procurator presents his/her opinions on the legality of acts and decisions of the court, agencies, organizations and individuals in the consideration of the complaint, petition and protest in accordance with this Ordinance.

4. The judge announces one of decisions according to the competence specified in Article 36 of this Ordinance.

Article 36. Competence of judges to settle complaints, petitions or protests against decisions of district-level people’s courts.

1. To reject complaints, petitions or protests; to uphold decisions of district-level people’s courts.

2. To accept part of complaints, petitions or protests; to modify decisions of district-level people’s courts regarding the time limit for application of administrative handling measures or the community-based education measure.

3. To accept complaints, petitions or protests; to modify decisions of district-level people’s courts regarding application of the measure of consignment to a reformatory; to decide on on application of the community-based education measure.

4. To accept complaints, petitions or protests; to annul decisions od district-level people’s courts regarding application of the community-based education measure; to return dossiers to district-level people’s courts for consideration and settlement in accordance with this Ordinance.

5. To annul decisions on non-application of administrative handling measures; to return dossiers to district-level people’s courts for consideration and settlement in accordance with this Ordinance.

6. To annul decisions of district-level people’s courts, and terminate the consideration and application of administrative handling measures when there is one of the grounds specified in Clause 1, Article 16 of this Ordinance.

7. To annul decisions on termination or suspension of the consideration of application of administrative handling measures when there is no ground specified in Article 16 of this Ordinance; to return dossiers to district-level people’s courts for consideration and settlement in accordance with this Ordinance.

8. To annul decisions of district-level people’s courts regarding postponement of, or exemption from, the execution of decisions on application of administrative handling measures and compel the execution of administrative handling measures when there is no ground specified in Article 111 of the Law on Handling of Administrative Violations.

9. To annul decisions of district-level people’s courts regarding non-acceptance of the postponement of, or exemption from, the execution of decisions on application of administrative handling measures, and accept requests for postponement of, or exemption from, the execution of decisions on application of administrative handling measures when there are grounds specified in Article 111 of the Law on Handling of Administrative Violations.

10. To annul decisions of district-level people’s courts regarding reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of administrative handling measures when there are no grounds specified in Article 112 of the Law on Handling of Administrative Violations and Article 28 of this Ordinance.

11. To annul decisions of district-level people’s courts regarding non-acceptance of requests for reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of administrative handling measures and decisions on reduction of the duration of, suspension of, or exemption from, the execution of the remaining duration of, application of administrative handling measures when there are grounds specified in Article 112 of the Law on Handling of Administrative Violations and Article 28 of this Ordinance.

12. To annul decisions of district-level people’s courts regarding compulsory execution of decisions on application of administrative handling measures when there are no grounds specified in Clause 2, Article 113 of the Law on Handling of Administrative Violations and Article 29 of this Ordinance.

13. To terminate the settlement of complaints, petitions or protests when complainants, petitioners or protesting people’s procuracies withdraw the whole of their complaints, petitions or protests. In this case, decisions of district-level people’s courts are legally effective.

Article 37. Contents and effect of decisions on settlement of complaints, petitions or protests

1. A decision on settlement of a complaint, petition or protest must have the following principal contents:

a/ Serial number, and date of issuance, of the decision;

b/ Name of the court that has issued the decision;

c/ Full names of the judge and session clerk;

d/ Full name of the procurator participating in the session;

dd/ Full names of the subject person and the complainant; full name, position, and name of the agency, of the petitioner and full name of his/her authorized person (if any); name of the protesting procuracy;

e/ Contents of the complaint, petition or protest;

g/ Reasons and grounds for, and contents of, the settlement of the complaint, petition or protest;

h/ Responsibilities of agencies, organization and individuals that execute the decision;

i/ Effect of the decision;

k/ Recipients of the decision.

2. Decisions on settlement of complaints, petitions or protests take effect immediately.

Within 2 working days after announcing the decision, the court shall send it to the persons specified in Clause 2, Article 25 of this Ordinance, the same-level procuracy, the protesting procuracy, the petitioner, and the court that has issued the decision against which the complaint, petition or protest is filed.

3. Decisions on settlement of complaints, petitions or protests and materials and documents collected or issued by courts in the course of considering and settling such complaints, petitions or protests shall be numbered and stored in accordance with law.

Section 2

COMPLAINTS ABOUT ACTS OF COMPETENT PERSONS OF COURTS IN THE APPLICATION OF ADMINISTRATIVE HANDLING MEASURES AND SETTLEMENT THEREOF

Article 38. Acts that may be complained about in the consideration of and decision on application of administrative handling measures

Agencies, organizations and individuals may complain about acts of chief justices, judges or clerks in the delivery and receipt of dossiers and case files, acceptance of cases for settlement, assignment of judges, requests for addition of documents and evidences, sending of notices and decisions of courts, holding of sessions, session participants, time limit for settlement, and other acts in the consideration of and decision on application of administrative handling measures when there are grounds to believe that such acts are illegal and infringe upon their lawful rights and interests.

Article 39. Rights and obligations of complainants

1. Complainants have the following rights:

a/ To file complaints on their own or through their lawful representatives;

b/ To file complaints at any stage of the process of considering and deciding on application of administrative handling measures;

c/ To withdraw their complaints at any stage of the process of complaint settlement;

d/ To receive written replies on acceptance of their complaints for settlement; to receive complaint settlement decisions;

dd/ To have their lawful rights and interests, which have been infringed upon, restored, and receive compensation for damage in accordance with law.

2. Complainants have the following obligations:

a/ To file their complaints with persons who have the competence to settle complaints;

b/ To honestly present matters related to complaints, provide information and documents to complaint-settling persons; to take responsibility before law for presented contents and provided information and documents;

c/ To abide by legally effective complaint settlement decisions.

Article 40. Rights and obligations of complainees

1. Complainees have the following rights:

a/ To produce evidences of the legality of complained acts.

b/ To receive complaint settlement decisions for complained acts.

2. Complainees have the following obligations:

a/ To explain complained acts; to provide relevant information and documents when so requested by competent persons;

b/ To abide by legally effective complaint settlement decisions;

c/ To pay compensation for damage and remedy consequences caused by their illegal acts in accordance with law.

Article 41. Time limit for filing complaints

The time limit for filing a complaint is 3 working days after the complainant knows and believes that a competent person’s act is illegal.

If due to a force majeure event or an external obstacle, the complainant cannot exercise its/his/her right to file a complaint within the time limit specified in this Article, the period during which the force majeure event or external obstacle exists shall not be included in the time limit for filing a complaint.

Article 42. Competence and time limit for complaint settlement

1. Complaints about acts of judges or clerks of a district-level people’s court shall be settled by the chief justice of the district-level people’s court within 3 working days after receiving such complaints. If disagreeing with settlement results, within 3 working days after receiving the complaint settlement decision of the chief justice of the district-level people’s court, the complainant may file a complaint with a competent provincial-level people’s court. Within 5 working days after receiving the complaint, the chief justice of the provincial-level people’s court shall consider and settle it. The decision of the chief justice of the provincial-level people’s court is final.

Complaints about acts of chief justices of district-level people’s courts shall be settled by chief justices of competent provincial-level people’s courts within 5 working days after such complaints are received. Decisions of chief justices of provincial-level people’s courts are final.

2. Complaints about acts of judges or clerks of provincial-level people’s courts shall be settled by chief justices of competent provincial-level courts. Within 3 working days after receiving such complaints, chief justices of provincial-level people’s courts shall consider and settle them. Decisions of chief justices of provincial-level people’s courts are final.

3. Complaints about acts of chief justices of provincial-level people’s courts shall be considered and settled by chief justices of superior people’s courts within their territory-based jurisdiction within 5 working days after such complaints are received. Decisions of chief justices of superior people’s courts are final.

4. Within 2 working days after issuing a complaint settlement decision, the court shall send such decision to the complainant and the same-level procuracy.

Chapter V

IMPLEMENTATION PROVISIONS

Article 43. Effect

1. This Ordinance takes effect on February 1, 2023.

2. The National Assembly Standing Committee’s Ordinance No. 09/2014/UBTVQH13 on the order of, and procedures for, considering and deciding on the application of administrative handling measures at people’s courts (below referred to as Ordinance No. 09/2014/UBTVQH13), ceases to be effective on the date this Ordinance takes effect, except the cases specified in Article 44 of this Ordinance.

Article 44. Transitional provisions

1. For cases that have been accepted and settled by district-level people’s courts in accordance with Ordinance No. 09/2014/UBTVQH13 but remain unsettled by February 1, 2023, the provisions of Ordinance No. 09/2014/UBTVQH13 will continue to apply to the consideration and settlement of the cases until they are settled, except the following contents, which must comply with this Ordinance:

a/ The provisions aimed at ensuring minor-friendly procedures of Clauses 1 and 3, Article 2; Clause 1, Article 10; Clauses 2 and 3, Article 13; Clause 3, Article 18; Point e, Clause 3, and Clause 4, Article 21; Point d, Clause 4, Article 34; and Clause 1, and Point dd, Clause 3, Article 35, of this Ordinance;

b/ The suspension of the consideration of, and decision on, application of administrative handling measures specified at Point h, Clause 1, Article 16 of this Ordinance;

c/ The application of the community-based education measure;

d/ Other provisions of this Ordinance that are beneficial to subject persons.

2. From February 1, 2023, provincial-level people’s courts shall settle the cases which have been settled by district-level people’s courts in accordance with Ordinance No. 09/2014/UBTVQH13 and again which complaint, petitions or protests are filed in accordance with Ordinance No. 09/2014/UBTVQH13, except the cases specified at Points a, b, c and d, Clause 1 of this Article, which must comply with this Ordinance.

This Ordinance was passed on December 13, 2022, by the Standing Committee of the XV^th National Assembly of the Socialist Republic of Vietnam at its 18^th session.-

On behalf of the National Assembly Standing Committee
Chairman of the National Assembly
VUONG DINH HUE