Important Terminology in Administrative Proceedings
(Article 3, Law on Administrative Procedures 2015)
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Administrative decision means a written document issued by a state administrative agency, an organization assigned to perform state administrative management, or a competent person within such agency or organization, which decides on a specific issue in administrative management and is applied once to one or several specific subjects.
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Administrative decision subject to lawsuit means an administrative decision as defined in Clause 1 of this Article, which gives rise to, changes, limits, or terminates the lawful rights or interests of an agency, organization, or individual, or whose contents give rise to obligations or affect their lawful rights or interests.
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Administrative act means an act by a state administrative agency, a competent person within such agency, or an organization assigned to perform state administrative management, that performs or fails to perform a task or duty as prescribed by law.
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Administrative act subject to lawsuit means an administrative act as defined in Clause 3 of this Article, which affects the exercise of lawful rights or interests of an agency, organization, or individual.
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Disciplinary decision on dismissal means a written decision made by the head of an agency or organization to impose the disciplinary measure of dismissal on a civil servant under their management.
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Internal administrative decision or act of an agency or organization means decisions or acts related to directing and administering the implementation of tasks or work plans; managing personnel, finances, or assigned assets; and inspecting or supervising the performance of duties, public services, policies, and laws applicable to officials, public employees, workers, and subordinate units under the agency’s or organization’s management.
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Litigant includes the plaintiff, the defendant, and the person with related rights and obligations.
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Plaintiff means an agency, organization, or individual who initiates an administrative lawsuit against an administrative decision, administrative act, disciplinary decision on dismissal, decision on complaint settlement regarding the handling of a competition case, decision on complaint settlement in state audit activities, or voter list for elections of the National Assembly, People’s Councils, or referendums (hereinafter collectively referred to as “voter lists”).
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Defendant means an agency, organization, or individual that issued or carried out the administrative decision, administrative act, disciplinary decision on dismissal, decision on complaint settlement regarding a competition case, decision on complaint settlement in state audit activities, or voter list that is being challenged in court.
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Person with related rights and obligations means an agency, organization, or individual who is neither a plaintiff nor a defendant, but whose rights and obligations are affected by the resolution of the administrative case; such person may request, or may be added by the Court, to participate in the proceedings as a person with related rights and obligations.
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Agency or organization includes state agencies; political organizations; socio-political organizations; socio-political-professional organizations; social organizations; socio-professional organizations; economic organizations; public service units; people’s armed forces units; and other organizations established and operating in accordance with law.
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Complicated case means a case involving the rights and interests of multiple persons; where the documents and evidence conflict and require time for verification, assessment, or expert consultation; or where a litigant is a foreigner residing abroad, or a Vietnamese citizen residing, studying, or working overseas.
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Objective obstacle means a situation caused by objective circumstances preventing a person from knowing that their lawful rights or interests have been infringed upon or from exercising their rights or fulfilling their obligations.
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Force majeure event means an event that occurs objectively, is unforeseeable, and cannot be remedied despite the application of all necessary and possible measures.
Legal Grounds:
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Article 3, Law on Administrative Procedures 2015
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Clause 7, Article 2, Law on Amendments to the Law on State Audit 2019
