Resolution No. 56/2010/QH12 dated December 07, 2010 of the National Assembly on enforcement of the Administrative Procedure Law

THE PRESIDENT

Order No. 23/2010/L-CTN of December 7, 2010, on the promulgation of National Assembly resolution

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

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:

Resolution on enforcement of the Administrative Procedure Law,

which was passed on November 24, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

Resolution No. 56/2010/QH12 on enforcement of the Administrative Procedure Law

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10,

RESOLVES:

Article 1. The Administrative Procedure Law, which was passed on November 24, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session, takes effect on July 1, 2011.

Article 2.

1. From the date the Administrative Procedure Law is promulgated to the date this Law takes legal effect:

a/ The time limit for making a protest according to cassation or reopening procedures about a judgment or ruling which takes legal effect before the date the Administrative Procedure Law is promulgated complies with Clauses 1 and 2, Article 69 of the Ordinance on Procedures for Settlement of Administrative Cases;

b/ The time limit for requesting consideration of protests according to cassation procedures and the time limit for making a protest according to cassation or reopening procedures about a judgment or ruling which takes legal effect on or after the date the Administrative Procedure Law is promulgated complies with Articles 211, 215 and 236 of the Administrative Procedure Law;

c/ Cassation and reopening procedures with regard to judgments and rulings referred to at Points a and b of this Clause comply with the provisions of the Ordinance on Procedures for Settlement of Administrative Cases.

2. From the date the Administrative Procedure Law takes legal effect:

a/ Administrative cases which are accepted by courts before the date the Administrative Procedure Law takes legal effect but are brought for first-instance trial on or after the date the Administrative Procedure Law takes legal effect, shall be settled under the Administrative Procedure Law;

b/ Administrative cases which are tried by first-instance courts before the date the Administrative Procedure Law takes effect but are appealed or protested against and brought for appellate trial on or after the date the Administrative Procedure Law takes effect, shall be settled under the Administrative Procedure Law;

c/ Judgments or rulings which have taken legal effect but are protested against according to cassation or reopening before the date the Administrative Procedure Law takes effect and are brought for cassation or reopening trial on or after the date the Administrative Procedure Law takes effect, shall be settled under the Administrative Procedure Law;

d/ For judgments or rulings which have taken legal effect for which there are appeal applications for cassation or reopening trial during the period from the date the Administrative Procedure Law is promulgated to the date this Law takes legal effect and there is no protest made by a competent person, such protest shall be made under the Administrative Procedure Law;

e/ For administrative cases which have been tried by courts and court judgments or rulings have taken legal effect before the date the Administrative Procedure Law takes effect and only on or after the date this Law takes effect are they protested against according to cassation or reopening procedures, the bases for making such protest comply with the Ordinance on Procedures for Settlement of Administrative Cases.

3. Court judgments or rulings which take legal effect before the date the Administrative Procedure Law takes effect but have not yet been enforced or have not yet been completely enforced by the date the Administrative Procedure Law takes effect, shall be enforced under the Administrative Procedure Law.

Article 3. Within one year from the date the Administrative Procedure Law takes effect, persons who make complaints about land administration-related administrative decisions or acts to chairpersons of the People’s Committees of rural districts, urban districts, towns or provincial cities or chairpersons of the People’s Committees of provinces or centrally run cities from June 1, 2006, to the date this Law takes effect, may institute lawsuits at people’s courts under the Administrative Procedure Law, if their complaints are not settled or have been settled but they disagree with the settlement decisions.

Article 4.

1. The Supreme People’s Court, the Supreme People’s Procuracy and the Government shall, within the ambit of their respective functions and tasks, expeditiously consolidate the physical foundations, supplement and provide professional training for the contingent of civil servants of the people’s courts, people’s procuracies and civil judgment enforcement agencies to meet the requirement of the settlement and enforcement of administrative cases when the Administrative Procedure Law takes 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, coordinate with the Vietnam Fatherland Front Central Committee and the Front’s member organizations in, widely disseminating and publicizing the Administrative Procedure Law among cadres, civil servants, public employees and the population in order to enhance socialist legality, bring into play the effect of the Administrative Procedure Law in protecting the interests of the State and the rights and legitimate interests of individuals, agencies and organizations.

3. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective tasks and powers, implement and guide the implementation of this Resolution.

This Resolution was adopted on November 24, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.-

Chairman of the National Assembly
NGUYEN PHU TRONG