Resolution No. 04/2006/NQ-HDTP guiding the implementation of a number of Provisions of the Ordinance on procedures for settlement of administrative cases, which was amended and supplemented under the Ordinances

RESOLUTION

GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE ORDINANCE ON PROCEDURES FOR SETTLEMENT OF ADMINISTRATIVE CASES, WHICH WAS AMENDED AND SUPPLEMENTED UNDER THE ORDINANCES OF DECEMBER 25, 1998, AND APRIL 5, 2006, AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON PROCEDURES FOR SETTLEMENT OF ADMINISTRATIVE CASES

THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT

Pursuant to the Law on Organization of the People's Courts;

In order to properly and uniformly implement the provisions of the Ordinance on Procedures for Settlement of Administrative Cases, which was amended and supplemented under the Ordinances of December 25, 1998, and April 5, 2006, amending and supplementing a number of articles of the Ordinance on Procedures for Settlement of Administrative Cases (hereinafter referred to as the Ordinance for short);

After getting the consent of the Chairman of the Supreme People's Procuracy and the Justice Minister,

RESOLVES:

1. Regarding the provisions of Article 2 of the Ordinance

1.1. The provision on "persons competent to settle first-time complaints"

"Persons competent to settle first-time complaints" provided for in Article 2 of the Ordinance mean state administrative agencies, competent persons in state administrative agencies or heads of agencies or organizations in one of the following cases:

a/ Who have issued one of administrative decisions or disciplinary decisions on forced job severance, or committed one of administrative acts defined in Article 11 of the Ordinance;

b/ Who directly manage cadres or officials who have issued one of administrative decisions or committed one of administrative acts defined in Article 11 of the Ordinance.

1.2. The provisions of Point c, Clause 1, Article 2 of the Ordinance

a/ Upon receipt of lawsuits against administrative decisions or administrative acts, for which the competence to settle first-time complaints belongs to ministers or heads of ministerial-level agencies, the courts shall base themselves on Article 11 of the Ordinance to check whether such lawsuits fall under their handling jurisdiction. In cases where such lawsuits fall under their handling jurisdiction, the courts shall proceed to open files for the cases according to common procedures if the lawsuit initiators had already lodged complaints with ministers or heads of ministerial-level agencies and the time limit for settlement of first-time complaints had expired while the complaints have not been settled or have been settled under decisions on settlement of first-time complaints.

b/ Upon receipt of lawsuits against administrative decisions or administrative acts, for which the settlement of first-time complaints falls under the competence of presidents of provincial-level People's Committees, the courts must base on Articles 25 and 39 of the Law on Complaints and Denunciations to consider them, specifically as follows:

b.1/ For administrative decisions or administrative acts with contents falling under the state management rights of ministries, ministerial-level agencies or government-attached agencies, the courts shall proceed to open files for the cases according to common procedures if the lawsuit initiators had lodged their first-time complaints to presidents of provincial-level People's Committees but past the settlement time limit provided for by the law on complaints and denunciations their complaints have not been settled or have been settled under decisions on settlement of first-time complaints and the complaints were not further lodged to persons competent to settle second-time complaints;

b.2/ For administrative decisions or administrative acts with contents not falling under the state management rights of ministries, ministerial-level agencies or government-attached agencies, the courts shall proceed to open files for the cases according to the common procedures if the lawsuit initiators had lodged their complaints to presidents of provincial-level People's Committees but past the settlement time limit prescribed by the law on complaints and denunciations their complaints have not been settled or have been settled under decisions on settlement of first-time complaints.

1.3. Application of Point d, Clause 1, Article 2 of the Ordinance

Upon receipt of lawsuits against administrative decisions or administrative acts, for which the second-time complaints have been settled, it is necessary to make the distinction as follows:

a/ For cases which had arisen prior to 00:00 hrs of June 1, 2006, and the complainants had lodged their complaints to persons competent to settle second-time complaints and the time limit for settlement of second-time complaints under the provisions of law on complaints and denunciations had expired before 00:00 hrs of June 1, 2006, while the complaints had not been settled (except for cases guided in Item 13.1, Section 13 of this Resolution) or had been settled before 00:00 hrs of June 1, 2006, but the complainants disagreed with the settlement, if they initiate administrative cases, the courts shall base on Point a, Clause 1, Article 31 of the Ordinance to return the lawsuit petitions to the initiators.

b/ For cases which had arisen before 00:00 hrs of June 1, 2006, and the complainants had lodged their complaints to persons competent to settle second-time complaints and the time limit for settlement of second-time complaints as prescribed by the law on complaints and denunciations had expired after 00:00 hrs of June 1, 2006, but the complaints had not been settled or have been settled after 00:00 hrs of June 1, 2006, but the complainants disagreed with the settlement, if they initiate administrative cases, the courts shall base on the provisions of the Ordinance to proceed to open files for the cases according to common procedures.