Resolution No. 104/2015/QH13 Implementing the Administrative Procedure Code

RESOLUTION

ON THE IMPLEMENTATION OF THE ADMINISTRATIVE PROCEDURE CODE

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

RESOLUTION:

Article 1

From the date the Administrative Procedure Code No. 93/2015/QH13 takes effect (July 1, 2016):

1. For administrative cases that have been accepted by the Court before July 1, 2016, but are tried according to the first instance procedure from July 1, 2016 onwards, this Law shall be applied to resolve them;

2. For administrative cases that have been tried according to the first instance procedure before July 1, 2016, with appeals or protests, but are tried according to the second instance procedure from July 1, 2016 onwards, this Law shall be applied to resolve them;

3. For judgments and decisions of the Court that have taken legal effect and are subject to protest according to the cassation or revision procedure before July 1, 2016, but are tried according to the cassation or revision procedure from July 1, 2016 onwards, this Law shall be applied to resolve them;

4. For judgments and decisions of the Court that have taken legal effect before July 1, 2016, but are protested according to the cassation or revision procedure from July 1, 2016 onwards by the competent authority, the protest according to the cassation or revision procedure and the trial according to the cassation or revision procedure shall be carried out in accordance with this Law;

5. For complaints against administrative decisions or acts of the People's Committee at district level or the Chairperson of the People's Committee at district level that have been accepted for resolution by the People's Court at district level before July 1, 2016, the Court that has accepted the case shall continue to resolve it according to the general procedure without transferring it to the People's Court at provincial level for resolution;

6. When resolving administrative cases, the Court continues to apply the provisions of current legal documents regarding court fees, procedural fees, and other litigation costs until new regulations are issued by the competent state agency.

For administrative cases resolved according to the expedited procedure, the amount of court fee shall be lower than the amount of court fee applicable to administrative cases resolved according to the ordinary procedure.

Article 2

For administrative cases arising before July 1, 2016, the statute of limitations prescribed in Article 104 of the Administrative Procedure Code No. 64/2010/QH12 shall be applied.

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

Article 3

For judgments and decisions of the Court that have taken legal effect before July 1, 2016, but have not yet been enforced or completed enforcement by July 1, 2016, they shall be enforced according to the provisions of the Administrative Procedure Code No. 93/2015/QH13.

Article 4

1. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and tasks shall take the lead or coordinate with relevant agencies to organize the review of current legal provisions on administrative procedures to abolish, amend, supplement, or issue new documents, and propose to the National Assembly or the Standing Committee of the National Assembly to abolish, amend, supplement, or issue new documents in accordance with the provisions of the Administrative Procedure Code No. 93/2015/QH13 to ensure its implementation.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and tasks shall promptly consolidate organizational structures and material bases; train and enhance the skills of judges, civil servants, and officials of the People's Courts, People's Procuracies, and civil execution agencies to ensure they meet the requirements for resolving administrative cases and enforcing administrative judgments when the Administrative Procedure Code No. 93/2015/QH13 takes effect.

3. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective duties and powers shall have the responsibility to cooperate with the Vietnam Fatherland Front Central Committee and its member organizations to widely publicize the Administrative Procedure Code No. 93/2015/QH13 among cadres, civil servants, officials, and the people to contribute to strengthening socialist rule of law and to fully utilize the role of the Administrative Procedure Code No. 93/2015/QH13 in protecting the interests of the State, the rights and legitimate interests of organizations and individuals.

4. The Government, the Supreme People's Court, and the Supreme People's Procuracy shall have the responsibility to guide the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 10th session, on November 25, 2015.