Administrative Litigation

Decisions of State authorities can have an immediate and serious impact on a business or an individual — a licence refused, an administrative penalty imposed, land recovered or a permit revoked. Vietnamese law allows these decisions to be challenged, but the time limits are short and the procedural requirements strict.

Wise Counsel advises and represents Vietnamese and international clients in administrative complaints and administrative litigation against decisions and conduct of State authorities. Our lawyers assess the prospects of challenge realistically and pursue the route most likely to achieve a practical result.

What we help with

• Assessing the lawfulness of administrative decisions and the grounds for challenge
• Advising on time limits, standing and the choice between complaint and litigation
• Preparing and filing administrative complaints with the issuing and superior authorities
• Preparing and filing administrative lawsuits before the competent People's Courts
• Challenging administrative penalties, licence refusals, suspensions and revocations
• Representing clients in disputes over land recovery, compensation and resettlement decisions
• Advising on tax, customs and sector-specific administrative decisions
• Applying for suspension of enforcement of a decision pending resolution
• Representing clients at first instance and on appeal, and advising on enforcement of the judgment

Challenging the State requires both technical precision and realistic judgment. Our lawyers advise candidly on the prospects of success and pursue the approach most likely to protect your position.