Client-Update: New opportunities to start an administrative action at the court in Vietnam

On November 25, 2015, the National Assembly of Vietnam approved a new administrative procedure law, the law came in force from July 1, 2016 (the 2016 Amendments). In this article, we look at some of the highlights introduced by the 2016 Amendments.

The statute of limitations (Art. 116(3))

One of the key motivations behind amending the 2016 Amendments was the time prescribed by statute in which a plaintiff can bring a lawsuit. If complainant in accordance with the laws lodges an appeal with State bodies who have jurisdiction over complaints, the statute of limitations is one year from the date of receiving or knowing the first or the second appeal decision; or one year from the expiry date of complaint settlement specified by the law, in case the competent State agency or person fails to settle the complainant and issue no reply to the complainant. Under the 2016 Amendments, it provides complainants with the more opportunities to initiate lawsuits at the court in case of losing the second appeal at the State agency.

The new regulation on access to, exchange documents and evidences (Art. 98)

In the course of legal proceedings, the parties have the right to know, record, copy, exchange documents and evidences handed over by the involved parties to the court or collected by the court, except for documents and evidence referred to in Article 96(2) of this Law. When a party lodges documents and evidence with the court, within five working days they have to notify other parties so as to exercise their right to access to its documents and evidences.

Principles of dialogue between the parties (Art. 134)

Prior to starting a first-instance trial, the court shall hold dialogue for involved parties to reach an agreement on the settlement of the case, except for the cases in which dialogue not be held. The contents and results of the successful dialogue between the involved parties shall not be contrary to the laws and social ethics.

Conclusion

The 2016 Amendments will help clear up some of the confusion that accompanied the 2010 administrative procedure law and its application. Applicants seeking the intellectual property rights in Vietnam, will have more chances, in certain situations, to bring the case to the court that would otherwise have been restricted.

For additional information about the law, please contact us hanoi@pham.com.vn

Pham & Associates is a largest local intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc. For further information about our organization and services, please visit our website: www.pham.com.vn