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

RESOLUTION

On the Implementation of the Administrative Procedure Code

 __________________

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

RESOLUTION:

Article 1.

The Administrative Procedure Code was adopted by the National Assembly of the Socialist Republic of Vietnam at its twelfth session, eighth meeting on November 24, 2010, and shall take effect from July 1, 2011.

Article 2.

1. From the date of promulgation of the Administrative Procedure Code to the date this Law takes effect:

a) The time limit for lodging a protest under cassation and reconsideration procedures for judgments and decisions that have become legally binding before the promulgation of the Administrative Procedure Code shall be governed by the provisions of Clause 1 and Clause 2 of Article 69 of the Administrative Procedure Ordinance;

b) The time limit for requesting a cassation protest, the time limit for lodging a protest under cassation and reconsideration procedures for judgments and decisions that have become legally binding from the date of promulgation of the Administrative Procedure Code shall be governed by the provisions of Articles 211, 215, and 236 of the Administrative Procedure Code;

c) The cassation and reconsideration procedures for judgments and decisions referred to in points a and b of this clause shall be implemented according to the provisions of the Administrative Procedure Ordinance.

2. From the date the Administrative Procedure Code takes effect:

a) For administrative cases accepted by the Court before the Administrative Procedure Code takes effect, but which are newly tried at first instance from the date the Administrative Procedure Code takes effect, the Administrative Procedure Code shall apply to resolve such cases;

b) For administrative cases that were tried at first instance before the Administrative Procedure Code took effect, but for which appeals or protests were lodged, and which are newly tried at second instance from the date the Administrative Procedure Code takes effect, the Administrative Procedure Code shall apply to resolve such cases;

c) For judgments and decisions that have become legally binding and are subject to cassation or reconsideration protests before the Administrative Procedure Code takes effect, but which are newly tried at cassation or reconsideration from the date the Administrative Procedure Code takes effect, the Administrative Procedure Code shall apply to resolve such cases;

d) For judgments and decisions that have become legally binding and have applications for cassation or reconsideration filed during the period from the date of promulgation of the Administrative Procedure Code until the date this Law takes effect, but for which there has been no protest by a competent authority, the protest shall be made in accordance with the Administrative Procedure Code;

e) For administrative cases that were tried by the Court and judgments and decisions of the Court that have become legally binding before the Administrative Procedure Code takes effect, but for which cassation or reconsideration protests are lodged from the date this Law takes effect, the basis for making a protest under cassation or reconsideration procedures shall be governed by the provisions of the Administrative Procedure Ordinance.

3. For judgments and decisions of the Court that have become legally binding before the Administrative Procedure Code takes effect, but which have not been executed or fully executed by the date the Administrative Procedure Code takes effect, they shall be executed according to the provisions of the Administrative Procedure Code.

Article 3

Within one year from the date the Administrative Procedure Code takes effect, persons who have lodged complaints about administrative decisions or actions regarding land management from June 1, 2006 to the date this Law takes effect to the Chairman of the People's Committee of districts, towns, cities under provinces, the Chairman of the People's Committee of provinces, centrally-administered municipalities, if their complaints are not resolved or are resolved but they disagree with the decision resolving the complaint, they have the right to initiate a lawsuit at the People's Court in accordance with the Administrative Procedure Code.

Article 4

1. The Supreme People's Court, the Supreme People's Procuracy, and the Government within their respective functions and duties shall promptly consolidate material foundations; supplement, train, and enhance the professional skills of the staff of the People's Courts, the People's Procuracies, and civil enforcement agencies to ensure that they meet the requirements for handling administrative cases and enforcing administrative judgments when the Administrative Procedure Code takes effect.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and powers shall be responsible for coordinating with the Central Committee of the Vietnam Fatherland Front and its member organizations to widely publicize the Administrative Procedure Code among cadres, civil servants, employees, and the people in order to contribute to strengthening socialist rule of law and to promote the effectiveness of the Administrative Procedure Code in protecting the interests of the State, the rights and legitimate interests of individuals, agencies, and organizations.

3. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and powers shall be responsible for implementing and guiding the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam at its twelfth session, eighth meeting on November 24, 2010./.