Real-life application of Law on Administrative Procedure summed up

Early September 20, Binh Duong provincial People’s Committee at the venue of local People’s Court organized a conference to sum up real-life application of Law on Administrative Procedure 2015. Attending the conference was Mrs. Nguyen Thi Tuyet Thanh – Deputy Tribunal Chairwoman of Binh Duong provincial People’s Court and representatives of departments, sectors, agencies, and 2-level people’s courts.

From July 1, 2016 through July 1, 2022, 2-level people’s courts in the province had assumed 555 cases of which 512 was trial and 43 appealing cases of administrative procedure. The resolution rate was at 84,86% for actually 471 cases. Cases of administrative procedure was accounted for over 70% of trial cases related to land mangement.

Overview of the conference summing up real-life application of Law on Administrative Procedure 2015

An unnamed attendant is delivering a speech on drawbacks after over 6 years of applying Law on Administrative Procedure 2015

At the conference, the delegates discussed drawbacks after over 6 years of applying Law on Administrative Procedure 2015. In real life, the resolution of administrative procedure cases face shortcomings due to incomplete, unclear, and nitched regulations. Clause 3 of Article 60 of Law on Administrative Procedure 2015 rules that petitioned subjects of agencies or organizations of heads of such are only able to authorize their deputies. All legal representatives of such petitioned ones must implement the presentation and evidence provision at the courts; however, they had all asked for being absent during the process of case resolution, which barred the evidence collection and made procedures overlap without possible talk to the petitioners. Of 471 resolved cases, legal representatives were present at only 17.

Reported by Tam Trang – Translated by Vi Bao

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