Resolution No. 104/2015/QH13

RESOLUTION

ON IMPLEMENTATION OF THE LAW ON ADMINISTRATIVE PROCEDURES

THE NATIONAL ASSEMBLY
OF SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

RESOLVES:

Article 1

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

1. This Law shall apply to administrative cases that are accepted by courts before July 1, 2016 but not tried under first-instance procedures until from July 1, 2016;
2. This Law shall apply to administrative cases that are tried by first-instance courts before July 1, 2016 with appeals or protests but not tried under appellate procedures until from July 1, 2016;
3. This Law shall apply to legally effective judgments or decisions of courts that are protested under cassation procedures or reopening procedures before July 1, 2016 but not tried under cassation procedures or reopening procedures until from July 1, 2016;
4. With regard to judgments or decisions of courts that are legally effective before July 1, 2016, but the competent persons do not file protests under cassation procedures or reopening procedures until from July 1, 2016, the bases for protests and trial under cassation procedures or reopening procedures shall be carried out as prescribed in this Law;
5. With regard to lawsuits against administrative decisions or acts of People’s Committees of districts, Presidents of People’s Committees of districts that are accepted by courts of districts before July 1, 2016, the accepting courts shall keep settling them under general procedures without transferring them to courts of provinces;
6. When settling administrative cases, each court shall keep applying regulations of legislative documents in force on court fees, court charges and other legal fees until there are new regulations issued by competent authorities.

With regard to administrative cases that are settled under reduced procedures, their court fees shall be smaller than those of the cases settled under ordinary procedures.

Article 2

The administrative cases arising before July 1, 2016 shall apply periods of prescription prescribed in Article 104 of the Law on administrative procedures No. 64/2010/QH12.

The administrative cases arising from July 1, 2016 shall apply periods of prescription prescribed in Article 106 of the Law on administrative procedures No. 93/2015/QH13.

Article 3

 The Law on administrative procedures No. 93/2015/QH13 shall apply to judgments or decisions of courts that are legally effective before July 1, 2016 but not executed or executed partly on July 1, 2016.

Article 4

1. The Government, the Supreme People’s Court, the People’s Supreme Procuracy shall, within their functions and duties, take charge and cooperate with relevant authorities in examination of regulations of laws on administrative procedures in force to repeal, amend or issue new documents, or request the National Assembly or the Standing Committee of National Assembly to repeal, amend or issue new documents in accordance with the Law on administrative procedures No. 93/2015/QH13.
2. The Government, the Supreme People’s Court, the People’s Supreme Procuracy shall, within their functions and duties, reinforce the organizational structure, facilities; provide professional training courses for officials and public employees of People’s Courts, People’s Procuracies, civil enforcement agencies to meet requirements for settlement of cases and administrative judgment enforcement when the Law on Administrative Procedures No. 93/2015/QH13 comes into force.
3. Government, the Supreme People’s Court, the People’s Supreme Procuracy shall, within their functions and duties, cooperate with Central Committee of Vietnamese Fatherland Front and their members in raising awareness of officials, public employees and the people of the Law on Administrative Procedures No. 93/2015/QH13 to strengthen the socialist legal system, promote the impact of the Law on Administrative Procedures No. 93/2015 / QH13 on protecting the interests of the State, the rights and legitimate interests of organizations and individuals.
4. The Government, the Supreme People’s Court, the People’s Supreme Procuracy shall provide guidelines for implementation of this Resolution.

This Resolution is passed by the 13th National Assembly of Socialist Republic of Vietnam during the 10th session on November 11, 2015./.

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