Resolution No. 104/2015/QH13 dated November 25, 2015 of the National Assembly on implementation of the Law on Administrative Procedures

ORDER

On promulgation of the National Assembly’s Resolution[1]

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 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Resolution on Implementation of the Law on Administrative Procedures,

Which was passed on November 25, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

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RESOLUTION

ON IMPLEMENTATION OF THE LAW ON ADMINISTRATIVE PROCEDURES[2]

THE NATIONAL ASSEMBLY OF THE SOCIALIST
REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

RESOLVES:

Article 1

From the effective date (July 1, 2016) of Law No. 93/2015/QH13 on Administrative Procedures:

1. Administrative cases which are accepted by courts before July 1, 2016, but are brought for first-instance trial on or after July 1, 2016, shall be settled in accordance with this Law;

2. Administrative cases which are tried by courts according to first-instance procedures before July 1, 2016, but are appealed or protested against, and brought for appellate trial on or after July 1, 2016, shall be settled in accordance with this Law;

3. Court judgments or rulings which have taken legal effect but are protested against according to cassation or reopening procedures before July 1, 2016, and are brought for cassation or reopening trial on or after July 1, 2016, shall be settled in accordance with this Law;

4. For court judgments or rulings which take legal effect before July 1, 2016, but are protested against according to cassation or reopening procedures by competent persons on or after July 1, 2016, grounds for filing protests according to cassation or reopening procedures and cassation or reopening trial must comply with this Law;

5. Lawsuits over administrative decisions or acts of district-level People’s Committees and their chairpersons, which are accepted by district-level people’s courts for settlement before July 1, 2016, shall be settled by these courts according to general procedures without transferring them to provincial-level people’s courts;

6. When settling administrative cases, courts shall continue to apply provisions of the existing legal documents on legal cost, court fee and other procedural expenses until competent state agencies issue new regulations.

For administrative cases settled according to summary procedures, the legal cost level is lower than that applicable to administrative cases settled according to normal procedures.

Article 2

For administrative cases instituted before July 1, 2016, the statute of limitations prescribed in Article 104 of Law No. 64/2010/QH12 on Administrative Procedures shall be applied.

For administrative cases instituted on or after July 1, 2016, the statute of limitations prescribed in Article 116 of Law No. 93/2015/QH13 on Administrative Procedures shall be applied.

Article 3

Court judgments or rulings which take legal effect before July 1, 2016, but have not yet been executed or have not yet been completely executed by July 1, 2016, shall be executed in accordance with Law No. 93/2015/QH13 on Administrative Procedures.

Article 4

1. The Government, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their respective functions and tasks, assume the prime responsibility for, or coordinate with related agencies in, reviewing the provisions of the current administrative procedure law in order to annul, amend or supplement them or promulgate new ones, or proposing the National Assembly or the National Assembly Standing Committee to annul, amend or supplement them or promulgate new ones in compliance with Law No. 93/2015/QH13 on Administrative Procedures, ensuring its effect.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective functions and tasks, expeditiously consolidate the organizational structures and physical foundations; and provide professional training and retraining to cadres, civil servants and public employees, of people’s courts, people’s procuracies and civil judgment enforcement agencies to meet the requirements of the settlement of administrative cases and enforcement of administrative judgments when Law No. 93/2015/QH13 on Administrative Procedures takes effect.

3. The Government, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their respective functions and tasks, coordinate with the Vietnam Fatherland Front Central Committee and the Front’s member organizations in, widely disseminating and publicizing Law No. 93/2015/QH13 on Administrative Procedures among cadres, civil servants, public employees and the people in order to enhance socialist legality, and bring into play the effect of Law No. 93/2015/QH13 on Administrative Procedures in protecting the interests of the State and the lawful rights and interests of organizations and individuals.

3. The Government, Supreme People’s Court and Supreme People’s Procuracy shall guide the implementation of this Resolution.

This Resolution was adopted on November 25, 2015, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 10^thsession.-

Chairman of the National Assembly
NGUYEN SINH HUNG