Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay

Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.Hoàn thiện pháp luật về giải quyết vụ án hành chính ở Việt Nam hiện nay.

PREAMBLE Urgency of the Research Topic In line with the active implementation of Resolution No 27-NQ/TW dated November 9, 2022, issued by the 13th Party Central Committee, aimed at further enhancing the socialist rule of law State of Vietnam in the new period, the continuous development and enhancement of the legal system as a whole, and laws in specific domains, have become imperative Within this context, the domain of administrative case settlement stands as an integral part of the legal framework, demanding ongoing development and refinement The enhancement of the administrative case settlement law in our nation necessitates the refinement of both substantive and procedural laws This is due to the fact that the resolution of administrative cases requires adherence to procedural laws, while also necessitating the use of substantive laws from related fields by the People's Court to effectively address claims brought forth by the parties involved in the cases For example, when resolving an administrative case involving a request for the annulment of an administrative sanction decision and the compensation for damages incurred due to the said decision, the People's Court must not only follow the administrative procedural law to determine case acceptance and resolution conditions, but also consider the provisions of the law related to administrative violation sanctions and even civil law for the purpose of rendering judgments on the parties' claims In recent times, the realm of administrative case settlement law in our country has undergone significant advancement, marked by the introduction, revision, and enactment of various new laws in this sphere, covering both substantive and procedural aspects This includes the introduction of laws such as the Land Law of 2013, Civil Code of 2015, Civil Procedure Code of 2015 with subsequent amendments and supplements in 2019, Law on Handling Administrative Violations of 2012 with subsequent amendments and supplements in 2020, and Law on Administrative Procedures of 2015 Consequently, these legal frameworks have facilitated the initiation of legal proceedings to safeguard rights and interests, served as effective tools and legal foundations for judicial exercise, and laid a robust groundwork for the effective and lawful handling of administrative cases, thus contributing to the protection of human rights and citizenship as established in the 2013 Constitution Notwithstanding these achievements, the current state of the administrative case settlement law and its enforcement unveils certain limitations that hinder the progress, quality, and efficacy of case resolution For instance, issues persist in the provisions concerning the scope of appeals and determination of appeal dates; appeal methods lack comprehensiveness; regulations governing the acceptance or rejection of overdue appeals remain unspecified, resulting in confusion during the practical handling of administrative cases at the appellate stage, falling short of the intended effectiveness Additionally, in the course of administrative case resolution, some People's Courts continue to exceed procedural time limits, incorrectly identify lawsuit subjects and initiation conditions, fail to fully address petitioner claims, and improperly apply the law, leading to superiors having to overturn or rectify subordinates' judgments Consequently, the quality of administrative case adjudication falls short, failing to truly protect the lawful rights and interests of individuals, organizations, and enterprises To overcome the aforementioned limitations, one indispensable task is to persist in enhancing the administrative case settlement law, as stipulated in Resolution No 27-NQ/TW dated November 9, 2022, by the Central Committee of the 13th Party: “Constructing a legal system characterized by democracy, fairness, humanity, completeness, timeliness, consistency, unity, transparency, stability, feasibility, accessibility, and adaptability to social relations, placing the legitimate rights and interests of individuals, organizations, and enterprises at the core, and fostering innovation.” With the aspiration to contribute to the identification of fitting and viable solutions for the fulfillment of the abovementioned task, I have chosen to explore the subject “Enhancing the Law on Administrative Case Settlement in Vietnam Today” for my doctoral thesis However, as previously mentioned, the realm of administrative case settlement law encompasses both substantive and procedural aspects Given the limitations of a doctoral thesis scope, this study primarily concentrates on expounding the refinement of procedural laws concerning the resolution of administrative cases Objectives and Research Tasks of the Dissertation 2.1 Research Objectives of the Dissertation The research objectives of the dissertation are to identify and propose appropriate and feasible solutions for further enhancing the legal framework concerning the resolution of administrative cases in our country in the upcoming phase This is to be accomplished in alignment with the direction of perfecting the legal system of Vietnam, as outlined in the resolutions of the Party, most notably in the recent Resolution No 27-NQ/TW of the 13th Party Central Committee on continuing to build and perfect the socialist rule of law State of Vietnam in the new period 2.2 Research Tasks of the Dissertation In pursuit of the aforementioned research objectives, the research tasks of the dissertation encompass: Providing an overview of the research landscape related to the subject matter to identify areas for incorporation and topics requiring further exploration within the dissertation Clarifying theoretical issues concerning the enhancement of the legal framework for the resolution of administrative cases, including concepts and the necessity of refining the legal framework for handling administrative cases, actors and principles governing the enhancement of the legal framework for resolving administrative cases, criteria for perfecting the legal framework for resolving administrative cases, and factors influencing the improvement of the legal framework for administrative case resolution Assessing the current state of completion of procedural laws pertaining to the resolution of administrative cases in our country and identifying the reasons behind the existing status quo Proposing solutions for the continued enhancement of procedural laws regarding the resolution of administrative cases in our country in the upcoming phase 3 Object of Study and Scope of the Dissertation 3.1 Object of Study The object of study for the dissertation encompasses theoretical issues concerning the enhancement of the legal system in general, the improvement of laws in a specific field, notably the legal framework for the resolution of administrative cases, provisions of substantive laws, primarily procedural laws pertaining to the resolution of administrative cases, and the current state of completion of procedural laws governing the resolution of administrative cases, as well as issues arising in the ongoing refinement of legal frameworks in this field 3.2 Scope of Study Time Frame: The dissertation focuses on the legal provisions, primarily procedural laws concerning the resolution of administrative cases, from 2015 to the present (since the enactment of the Administrative Procedure Law in 2015) Geographical Scope: The geographical scope of the dissertation is Vietnam Content Scope: The legal framework for the resolution of administrative cases encompasses both substantive and procedural laws However, the scope of substantive law is extensive, covering various domains of state administrative management Therefore, this dissertation primarily concentrates on procedural laws concerning the resolution of administrative cases Research Methodology 4.1 Methodological Approach The dissertation is conducted based on the scientific theory and methodology of Marxism-Leninism, Ho Chi Minh's thoughts on the state and law, the Party's principles, orientations, and policies regarding the socialist rule of law State of Vietnam; the Party's guidelines on judicial reform; the construction and enhancement of the legal system; the ongoing construction and perfection of the socialist rule of law State of Vietnam in the new period 4.2 Specific Research Methods The primary research methods employed for investigating the subject matter include: Synthetic Method: This method is utilized to explore issues across all chapters of the dissertation Analytical Method: This method is applied in all chapters of the dissertation to elucidate subjects requiring investigation, such as concepts, characteristics, the current state of completion of laws concerning the resolution of administrative cases, and the reasons behind this state Comparative Legal Method: This method is used in Chapter when discussing the current state of completion of procedural laws regarding the resolution of administrative cases in Vietnam today Comparative and Statistical Method: This method is employed to gather essential data, perform comparisons, clarify relevant content, and place them within the comprehensive framework of the legal system for resolving administrative cases, as well as its historical development Logic-Historical Method: This method is utilized to study chapters such as an overview of the research landscape related to the subject, theoretical foundations, and the current state of completion of laws concerning the resolution of administrative cases in Vietnam over time Sociological Investigation Method: This method is employed to provide additional foundation for evaluating the current state of completion of laws regarding the resolution of administrative cases in Vietnam Furthermore, the dissertation also draws on the results of practical surveys from existing research works to contribute to summarizing the practical implementation of laws governing the resolution of administrative cases, the organizational process, and its effectiveness in reality Scientific and Practical Significance, and Novelty of the Dissertation 5.1 Scientific and Practical Significance Scientific Significance: The dissertation has concretized the general theory of enhancing laws in the field of administrative case resolution The research outcomes contribute to supplementing and enhancing the theoretical foundation concerning the improvement of laws related to administrative case resolution, both in specific and general legal contexts Practical Significance: The dissertation presents well-founded, scientifically grounded observations and evaluations of the current state of completion of procedural laws concerning administrative case resolution It offers valuable scientific and practical references for practitioners engaged in the process of constructing and refining procedural laws for administrative case resolution Furthermore, the research contributes to advancing the judicial reform process and the ongoing construction and perfection of the socialist rule of law State of Vietnam Given the above significance, the dissertation can be employed as a reference material for research, education, and teaching activities in legal training institutions and for those engaged in the legal profession Additionally, it can aid in refining policies and procedural laws regarding administrative case resolution in present-day Vietnam 5.2 Novelty of the Dissertation This dissertation is the first comprehensive scientific work at the doctoral level that systematically examines the enhancement of laws, primarily procedural laws concerning administrative case resolution in Vietnam It brings forth novel contributions to the field of legal science, including: Conceptualization: The dissertation introduces a well-defined concept and specifics regarding the content, form, and sources of laws pertaining to administrative case resolution Necessity and Framework: It establishes the concept and necessity of refining laws for administrative case resolution, identifies the actors and principles governing the enhancement of these laws, and analyzes the criteria for improvement as well as the influencing factors of the ongoing refinement of laws for administrative case resolution in present-day Vietnam Current State and Causes: The dissertation evaluates the current state of completion of procedural laws regarding administrative case resolution in present-day Vietnam and elucidates the reasons behind this state Proposed Solutions: It proposes several solutions for the continued improvement of laws concerning administrative case resolution in presentday Vietnam Structure of the Dissertation In addition to the introduction, an overview of the research landscape, conclusion, bibliography, and appendices, the dissertation consists of three chapters: Chapter 1: Theoretical Issues Concerning the Improvement of Laws for Administrative Case Resolution in Present-day Vietnam Chapter 2: The Current State of Completion of Laws for Administrative Case Resolution in Present-day Vietnam and the Underlying Causes Chapter 3: Viewpoints and Solutions for the Continued Improvement of Laws for Administrative Case Resolution in Present-day Vietnam OVERVIEW OF RESEARCH SITUATION Overview of Research on the Subject Matter 1.1 Theoretical Research on Enhancing Laws for Administrative Case Resolution Existing research works primarily address the theory of enhancing laws in general or focus on improving laws in specific fields such as public services, anti-corruption efforts, handling legal violations in civil execution However, there is no work specifically addressing the theory of enhancing laws for administrative case resolution 1.2 Research on the Current State of Completion of Laws for Administrative Case Resolution Currently, most research works discuss the legal situation, with very few delving into the extent of completion of laws for administrative case resolution based on evaluative criteria These studies have investigated and assessed the legal situation for administrative case resolution from various angles, touching upon the level of completion of laws indicated through criteria such as comprehensiveness, consistency, and transparency However, these evaluations lack depth, breadth, and comprehensive coverage of the issues within laws for administrative case resolution 1.3 Research on Solutions for Enhancing Laws for Administrative Case Resolution The majority of legal research on administrative case resolution propose recommendations and solutions from different perspectives, depending on the purpose and scope of each study Existing research works predominantly focus on two groups of solutions: amending, revising, and enhancing provisions of administrative procedural laws, as well as organizing the implementation of these laws General Evaluation of the Research Situation and Areas for Further Investigation 2.1 Overall Assessment of the Research on the Subject Matter Upon reviewing the existing research works on the fundamental issues of the dissertation, the following observations can be made: Firstly, regarding the theory of enhancing laws for administrative case resolution, the research works have established the concept of enhancing laws and evaluative criteria for the level of completion within legal systems or specific legal fields However, none of these works have specifically developed the theoretical foundation for enhancing laws related to administrative case resolution, nor have they defined evaluative criteria that are contextually specific This, especially in the context of continued development and improvement of the socialist rule of law state in Vietnam, becomes a fundamental research task of this dissertation Secondly, concerning the current state of completion of laws for administrative case resolution, the mentioned research works have highlighted strengths, limitations, or the level of completion of procedural laws for administrative case resolution according to certain criteria They have evaluated specific provisions of the Administrative Procedure Law, yet no work has comprehensively assessed the overall level of completion of laws for administrative case resolution Thus, this also represents a basic research task of this dissertation Thirdly, concerning solutions for further enhancing laws for administrative case resolution, the aforementioned research works have proposed solutions to improve the 2015 Administrative Procedure Law, such as aligning administrative procedural laws with the spirit of the 2013 Constitution, enhancing laws governing trial procedures for administrative cases, innovating the organization and operation of administrative courts, enhancing the professional competence and ethical standards of administrative judges, and improving the oversight mechanism of administrative courts over state administrative bodies and authorities with jurisdiction in administrative case resolution processes to safeguard citizens' rights However, no work has comprehensively proposed solutions that are foundational and comprehensive for the continuous enhancement of laws for administrative case resolution Therefore, this also constitutes a fundamental research task of this dissertation 2.2 Dissertation Areas Requiring Further Research Building upon the findings of previous researchers, in order to accomplish the outlined research objectives, the dissertation needs to further elucidate and specify the following aspects: Firstly, it should define, specify, and clarify the theoretical aspects of enhancing laws for administrative case resolution This involves establishing concepts like the necessity of enhancing laws for administrative case resolution, identifying criteria for evaluating the level of completion of laws in this area, especially within the context of ongoing construction and improvement of the socialist rule of law state in Vietnam Additionally, it should analyze the factors influencing the enhancement of laws for administrative case resolution Secondly, it should analyze and evaluate the current state of completion of laws for administrative case resolution based on specific criteria This analysis should highlight achievements, limitations, and identify the reasons behind the existing state Thirdly, it should explore and propose solutions for further enhancing laws for administrative case resolution in Vietnam in the upcoming period Research Hypothesis and Research Questions 3.1 Research Hypothesis Resolving administrative cases effectively is an efficient method to safeguard the lawful rights and interests of organizations and individuals participating in the state administrative management relationships, thereby contributing to enhancing administrative activities' efficiency Despite the significant achievements in the legal framework governing administrative case resolution in our country over time, there are still certain limitations that have yet to meet the nation's requirements Therefore, to meet the demands of continuing the construction and improvement of the socialist rule of law state and ensuring citizens' rights in our country, the ongoing enhancement of laws for administrative case resolution is imperative 3.2 Research Questions To substantiate the aforementioned research hypothesis, the research questions posed for the dissertation are as follows: What does the enhancement of laws for administrative case resolution entail? Why is it necessary to enhance and base the legal improvement in this field on specific foundations? What is the current status of the level of completion of laws for administrative case resolution in our country, and what are the reasons leading to this state? In order to further enhance laws for administrative case resolution in our country, what fundamental solutions need to be implemented? Chapter THEORETICAL ISSUES OF ENHANCING LAWS FOR ADMINISTRATIVE CASE RESOLUTION IN VIETNAM TODAY 1.1 Concept, Content, Form, and Sources of Laws for Administrative Case Resolution in Vietnam Today 1.1.1 Concept of Laws for Administrative Case Resolution Administrative case resolution involves the competent People's Court considering and making decisions on administrative disputes brought by individuals or organizations against administrative decisions or actions according to the provisions of the law to safeguard their legitimate rights and interests The laws governing administrative case resolution exhibit distinctive features compared to other legal domains, as evident in the following aspects: Firstly, they regulate social relationships arising during the resolution of administrative disputes in People's Courts Secondly, these laws are enacted to address a specific type of dispute: conflicts arising during the state administrative management process between parties with unequal power in exercising state authority 10 Thirdly, the content of laws for administrative case resolution is diverse and rich Fourthly, the forms of these laws vary widely, encompassing multiple legal normative documents at different hierarchical levels 1.1.2 Content, Form, and Sources of Laws for Administrative Case Resolution 1.1.2.1 Content of Laws for Administrative Case Resolution During the process of resolving administrative cases, both legal domains—content laws and procedural laws—govern two distinct types of relationships To accurately resolve administrative cases in compliance with the law, a comprehensive study is needed not only on procedural formalities but also on content laws to ascertain the legality of administrative decisions and actions under litigation However, the scope of content laws is extensive and encompasses various legal fields related to state administrative management Consequently, this dissertation focuses on laws for administrative case resolution from the perspective of procedural laws, or laws concerning procedures and litigation protocols to resolve an administrative case in the People's Court 1.1.2.2 Form and Sources of Laws for Administrative Case Resolution The laws pertaining to administrative case resolution in our country are manifested through a system of legal normative documents with varying legal efficacy, such as the 2013 Constitution, the 2014 Law on Organization of People's Procuracy, the 2015 Law on Administrative Procedure, the 2019 Law Amending and Supplementing Some Articles of the State Audit Law, the 2013 Land Law, and more Additionally, administrative case resolution laws also draw upon a secondary source, namely judicial precedents 1.2 Concept and Necessity of Enhancing Laws for Administrative Case Resolution Enhancing laws for administrative case resolution entails the process of constructing and enacting new legal norms to revise, supplement, or replace outdated legal provisions that no longer align with the practical development of the nation's economy and society This process is carried out by competent state authorities to ensure that legal provisions for administrative case 11 resolution progressively better address the realities of economic and social development, serve the administrative management activities of the State, and provide enhanced protection for the legitimate rights and interests of citizens, organizations, and businesses The necessity to enhance laws for administrative case resolution in Vietnam today is grounded in several reasons: Firstly, it emanates from the imperative of continuing to construct and perfect the socialist rule of law state of Vietnam in the new period Secondly, it stems from the Party's and the State's directives, guidelines, and policies on safeguarding and ensuring citizens' rights, as evident in the legal framework established through Party Congresses and constitutional documents Thirdly, it arises from the peculiarities of administrative disputes Fourthly, it is influenced by the current context of globalization and international integration Fifthly, it is rooted in the practicalities of administrative case resolution 1.3 Subjects and Principles of Enhancing Laws for Administrative Case Resolution 1.3.1 Subjects for Enhancing Laws for Administrative Case Resolution The entities responsible for enhancing laws and participating in the process of improving laws for administrative case resolution are diverse, corresponding to the different types of legal normative documents enacted in this field Furthermore, while applying the legal provisions to resolve administrative cases, the competent entities can propose amendments, supplements, or replacements to inadequate legal norms with more suitable provisions, aiming to better address administrative disputes in People's Courts 1.3.2 Principles of Enhancing Laws for Administrative Case Resolution In legal science, there are various viewpoints regarding the principles of constructing and improving laws However, in general, these viewpoints converge on several fundamental principles, including ensuring constitutional and legal compliance, objectivity, scientific foundation, transparency, democracy, and harmonizing interests 12 1.4 Criteria for Enhancing Laws for Administrative Case Resolution Enhancing laws for administrative case resolution involves aligning the legal framework in this area with the fundamental characteristics of the rule of law state's legal system Specifically, laws for administrative case resolution should be gradually adjusted to meet the basic requirements of the following criteria: 1.4.1 Ensuring the Democratic, Just, and Humane Nature of the Law; Safeguarding and Protecting the Legitimate and Just Interests of Citizens, Organizations, and Enterprises 1.4.2 Ensuring Comprehensive, Unified, and Coherent Nature of Laws for Administrative Case Resolution 1.4.3 Ensuring the Appropriate and Feasible Nature of Laws for Administrative Case Resolution 1.4.4 Ensuring Transparency and Stability of Laws for Administrative Case Resolution 1.4.5 Ensuring Technical Expertise in Constructing Laws for Administrative Case Resolution 1.5 Factors Influencing the Enhancement of Laws for Administrative Case Resolution 1.5.1 The Party's Path, Orientation, and Policies The Party's leadership over the judicial system is exercised through resolutions, documents, and conclusions of the Politburo concerning the strategy of judicial reform These emphasize the significance of improving the legal system to recognize, respect, protect, and guarantee human and citizens' rights in political, civil, economic, cultural, and social spheres as enshrined in Article 14 of the 2013 Constitution 1.5.2 Building the Rule of Law State and Safeguarding Human and Citizens' Rights In Vietnam, the elevation of the rule of law ideology and the construction of a truly democratic, new-type state that holds state power as belonging to the people and serving their interests emerged early, right after the establishment of the Democratic Republic Alongside the fundamental characteristic of upholding the supremacy of the law, the rule of law state 13 must also be one in which human and citizens' rights are respected, protected, and guaranteed To achieve this goal, the task is to establish a legal system necessary and sufficient for regulating social relationships, serving as the foundation for a legal order and discipline within society 1.5.3 Socio-Economic Situation of the Country In the context of increasing social development, deep international integration, and ever-evolving social relationships, the legal content and legal procedure regulations may not be able to adjust to new situations and emerging disputes in a timely manner, particularly in the administrative sector This requires the adjustment and improvement of the legal system for administrative case resolution to ensure the legitimate rights and interests of the parties involved in legal relationships, as well as to maintain social order in accordance with the state's purpose and direction, and to cater to the aspirations of the people 1.5.4 Legal Awareness of Entities Responsible for Improving Laws for Administrative Case Resolution The legal consciousness of authorized entities in constructing and improving laws for administrative case resolution depends on their awareness, educational background, practical experience, skills in receiving and processing tasks, as well as the utilization of work equipment and the application of science and technology to fulfill assigned duties To build a comprehensive, feasible, and stable legal system for administrative case resolution, entities with authority must deeply and comprehensively study the objective economic, political, ideological, and cultural phenomena in reality, as well as the legal behaviors of citizens, both legal and illegal This also involves considering the actual effectiveness of existing legal regulations, while referring to corresponding legal provisions in other countries 1.5.5 Fourth Industrial Revolution The construction and improvement of the legal system in the era of the Fourth Industrial Revolution must be aligned with the fundamental characteristics of this revolution, as well as the requirements, conditions, and practical circumstances of Vietnam It's evident that the Fourth Industrial Revolution imposes certain requirements on the construction and 14 improvement of the legal system in Vietnam as a whole, and particularly for the laws regarding administrative case resolution, such as fully and accurately grasping new social relationships that arise and addressing the adaptation needs of the law 1.5.6 International Integration International law has increasingly become a tool employed for research, consultation, construction, and implementation of strategies, policies, and legal enhancements in Vietnam's legal system, including laws concerning administrative case resolution In reality, alongside the growing international cooperation and exchange in areas such as civil, commercial, and administrative domains, disputes with international elements are on the rise This necessitates appropriate legal instruments to address not only relations between nations but also between each nation and “foreign element”involved individuals or organizations within its own territory 1.6 Laws on Administrative Case Resolution in Some Countries Worldwide and Lessons for Vietnam In this section, the thesis author presents laws related to administrative case resolution in several countries around the world and extracts lessons for Vietnam, including: 1.6.1 Administrative Procedure Law of Japan 1.6.2 Administrative Procedure Law of China 1.6.3 Administrative Procedure Laws in European Mainland Countries Chapter THE CURRENT STATE OF COMPLETION OF ADMINISTRATIVE PROCEDURE LAW IN VIETNAM AND THE CAUSES 2.1 Overview of the Historical Formation and Development of Administrative Procedure Law for Dispute Resolution in Vietnam Decree No 64/SL dated November 23, 1945, on the establishment of the Special Inspection Board laid the legal foundation for the resolution of administrative disputes in general and the method of administrative 15 complaint resolution in particular On May 21, 1996, the Standing Committee of the National Assembly passed the Law on Procedures for Resolving Administrative Cases These were crucial initial legal documents that marked the establishment of Administrative Courts in Vietnam During the implementation of the Law on Procedures for Resolving Administrative Cases in 1996, to ensure its suitability for the practical situation in each stage, the Law was amended and supplemented in 1998 and 2006 Additionally, the Government issued guiding documents, providing important legal grounds for administrative case resolution activities By 2010, the legal framework for resolving administrative cases took a new step towards improvement with the enactment of the Law on Administrative Procedure to replace the Law on Procedures for Resolving Administrative Cases in 1996 (as amended and supplemented in 1998, 2006) In 2013, when Vietnam's current Constitution was issued with new provisions, along with some other procedural laws, the Law on Administrative Procedure of 2015 was enacted to replace the Law on Administrative Procedure of 2010 2.2 The Current State of Completion of Administrative Case Resolution Laws in Vietnam 2.2.1 Achievements Firstly, the administrative case resolution laws have fundamentally ensured the democratic, fair, and humane nature of the legal framework; guaranteeing and protecting the legitimate and just rights and interests of citizens, organizations, and businesses Secondly, in terms of content and form, the procedural laws governing administrative case resolution have been enacted to institutionalize the Party's guidelines, policies, and the State's direction, based on the provisions of the 2013 Constitution This fundamentally ensures comprehensiveness, unity, and coherence within the 2015 Law on Administrative Procedure and other related documents Thirdly, the administrative case resolution laws have essentially met the criteria of appropriateness and feasibility 16 Fourthly, the administrative case resolution laws have essentially achieved transparency and stability Fifthly, the current administrative case resolution laws in Vietnam essentially meet the technical requirements of legal construction, being understandable and easily applicable 2.2.2 Shortcomings and Limitations Firstly, certain provisions of the 2015 Law on Administrative Procedure not fully ensure the democratic, fair, and humane nature of the legal framework; guaranteeing and protecting the legitimate and just rights and interests of citizens, organizations, and businesses Secondly, some provisions of the 2015 Law on Administrative Procedure not ensure comprehensiveness, unity, and coherence Thirdly, some provisions of the 2015 Law on Administrative Procedure not ensure appropriateness and feasibility Fourthly, the administrative case resolution laws still need improvement in terms of transparency and stability Fifthly, there are certain limitations in the technical construction of administrative case resolution laws 2.3 Reasons for the Current State In order to identify the necessary solutions for further improving the laws on administrative case resolution, assessing the current state of legal provisions in this field is essential However, this evaluation is not sufficient; it also requires an examination of the underlying causes leading to the current state 2.3.1 Reasons for Achievements Firstly, during the process of constructing and enhancing laws on administrative case resolution, the competent authorities have gained a better understanding of the essence of the legal system concept Secondly, the achievements of legal science in the field of legal construction have contributed to a more comprehensive identification of the influencing factors affecting the improvement of laws on administrative case resolution Thirdly, the construction of laws on administrative case resolution has been conducted based on the institutionalized Party's guidelines and policies, ensuring alignment with the interests of the State and the People 17 Fourthly, the State has focused on raising awareness about the construction and enhancement of laws, not only among the authorized agencies but also among officials, civil servants, and the general population Lastly, the construction and enactment of laws have followed the proper sequence and procedures stipulated in the Law on Promulgation of Legal Normative Documents, ensuring the rapid and timely issuance of laws on administrative case resolution and encouraging the participation of opinions from a diverse range of people, scientists, and experts, thereby enhancing the accuracy and feasibility of the laws 2.3.2 Reasons for Shortcomings and Limitations Firstly, certain provisions of the 2015 Law on Administrative Procedure lack comprehensive and timely guidance, as analyzed in section 2.2.2 above Secondly, the 2015 Law on Administrative Procedure assigns additional responsibilities to the People's Procuracy but with limited corresponding powers, not commensurate with the assigned tasks Thirdly, due to many new regulations introduced for the first time in the 2015 Law on Administrative Procedure, the drafting agency has not been able to fully predict their practical enforceability, resulting in provisions that lack appropriateness and feasibility Fourthly, the process of constructing and enhancing laws on administrative case resolution has not sufficiently engaged a wide array of experts, scientists, and practical professionals Fifthly, the rapid and extensive impacts of market-driven economic relationships have led to the emergence of new relationships and disputes in state administrative management Sixthly, the workforce of officials and civil servants participating in the process of policy and legal construction in Vietnam, especially in administrative case resolution laws, despite receiving training, still lacks sufficient preparation to meet the demands of new legal developments, and their activities are not truly professional Seventhly, the coordination among People's Courts, People's Procuracies, People's Committees at various levels, enforcement agencies, and relevant 18 bodies remains incomplete, lacks precision, and lacks mechanisms for exchanging information Eighthly, certain officials and court personnel exhibit passivity, low sense of responsibility, reluctance to study materials, and legal documents guiding their profession, insufficiently in-depth analysis of case files, and delayed responses to the requirements of administrative case resolution Chapter PERSPECTIVES AND SOLUTIONS FOR FURTHER ENHANCING LAWS ON ADMINISTRATIVE CASE RESOLUTION IN VIETNAM TODAY 3.1 Perspectives on Enhancing Laws on Administrative Case Resolution in Vietnam Today In this section, the dissertation presents perspectives on enhancing laws on administrative case resolution in Vietnam today, including: 3.1.1 Improving Laws on Administrative Case Resolution Based on the Party's Direction and Perspective on Building and Enhancing the Legal System 3.1.2 Improving Laws on Administrative Case Resolution Must Originate from the Requirement of Constructing the People's Rule-of-Law State, by the People, and for the People 3.1.3 Improving Laws on Administrative Case Resolution Requires Ensuring Consistency and Uniformity within the Legal System 3.1.4 Improving Laws on Administrative Case Resolution Must Be Aligned with the Context of International Integration 3.2 Solutions for Continuing to Enhance Laws on Administrative Case Resolution in Vietnam Today 3.2.1 Solutions Regarding Awareness and Ideology Firstly, enhance the awareness of officials at all levels, across various sectors, and the public regarding the importance of improving laws on administrative case resolution 19 Secondly, organize comprehensive reviews and evaluations of the current state of laws on administrative case resolution to develop viewpoints and solutions for further improvement Thirdly, innovate the processes and procedures for constructing and enhancing laws on administrative case resolution 3.2.2 Solutions for Enhancing Provisions of Laws on Administrative Case Resolution Firstly, amend and supplement certain provisions to ensure the democratic, fair, and humane nature of laws, safeguarding the legitimate rights and interests of individuals, organizations, and enterprises Secondly, amend and supplement certain provisions to ensure comprehensiveness, consistency, and uniformity within the legal framework of administrative case resolution Thirdly, amend and supplement certain provisions of the 2015 Law on Administrative Procedure to ensure appropriateness and feasibility Fourthly, modify certain provisions to enhance transparency and stability within the laws governing administrative case resolution Lastly, address limitations in the technical construction of laws related to administrative case resolution 3.2.3 Solutions for Organizing the Implementation of Laws on Administrative Case Resolution Firstly, strengthen the management, guidance, and operational oversight of the administrative litigation system Secondly, restructure organizations and improve the quality of human resources Thirdly, enhance coordination among entities involved in administrative case resolution Fourthly, the Supreme People's Court should further strengthen the issuance of guiding documents that orient the resolution of cases, establish clear viewpoints, and unify understanding in the application of laws Fifthly, reinforce conditions ensuring the effective resolution of administrative cases Lastly, continue to modernize legal education and outreach efforts 20 3.1 Perspectives on Enhancing Laws on Administrative Case Resolution in Vietnam Today In this section, the dissertation presents perspectives on enhancing laws on administrative case resolution in Vietnam today, including: 3.1.1 Improving Laws on Administrative Case Resolution Based on the Party's Direction and Perspective on Building and Enhancing the Legal System 3.1.2 Improving Laws on Administrative Case Resolution Must Originate from the Requirement of Constructing the People's Rule-of-Law State, by the People, and for the People 3.1.3 Improving Laws on Administrative Case Resolution Requires Ensuring Consistency and Uniformity within the Legal System 3.1.4 Improving Laws on Administrative Case Resolution Must Be Aligned with the Context of International Integration 3.2 Solutions for Continuing to Enhance Laws on Administrative Case Resolution in Vietnam Today 3.2.1 Solutions Regarding Awareness and Ideology Firstly, enhance the awareness of officials at all levels, across various sectors, and the public regarding the importance of improving laws on administrative case resolution Secondly, organize comprehensive reviews and evaluations of the current state of laws on administrative case resolution to develop viewpoints and solutions for further improvement Thirdly, innovate the processes and procedures for constructing and enhancing laws on administrative case resolution 3.2.2 Solutions for Enhancing Provisions of Laws on Administrative Case Resolution Firstly, amend and supplement certain provisions to ensure the democratic, fair, and humane nature of laws, safeguarding the legitimate rights and interests of individuals, organizations, and enterprises Secondly, amend and supplement certain provisions to ensure comprehensiveness, consistency, and uniformity within the legal framework of administrative case resolution 21 Thirdly, amend and supplement certain provisions of the 2015 Law on Administrative Procedure to ensure appropriateness and feasibility Fourthly, modify certain provisions to enhance transparency and stability within the laws governing administrative case resolution Lastly, address limitations in the technical construction of laws related to administrative case resolution 3.2.3 Solutions for Organizing the Implementation of Laws on Administrative Case Resolution Firstly, strengthen the management, guidance, and operational oversight of the administrative litigation system Secondly, restructure organizations and improve the quality of human resources Thirdly, enhance coordination among entities involved in administrative case resolution Fourthly, the Supreme People's Court should further strengthen the issuance of guiding documents that orient the resolution of cases, establish clear viewpoints, and unify understanding in the application of laws Fifthly, reinforce conditions ensuring the effective resolution of administrative cases Lastly, continue to modernize legal education and outreach efforts CONCLUSION Through the process of legal research and the enhancement of laws on administrative case resolution in our country in recent times, several conclusions can be drawn: Enhancing laws on administrative case resolution is the process of constructing and enacting new legal norms to amend, supplement, or replace legal provisions that are no longer appropriate This process is carried out by competent state agencies to ensure that the regulations on administrative case resolution increasingly align with the practical development of the country's economy and society, serving the administrative management activities of 22 the state, and better protecting the legitimate rights and interests of individuals, organizations, and enterprises The improvement of laws on administrative case resolution must be carried out based on fundamental criteria: ensuring the democratic, fair, and humane nature of the law, safeguarding the legitimate rights and interests of individuals, organizations, and enterprises; ensuring comprehensiveness, consistency, and uniformity; ensuring appropriateness and feasibility; ensuring transparency and stability; and ensuring the technical construction of laws on administrative case resolution In recent times, the enhancement of laws on administrative case resolution in our country has displayed several advantages, such as establishing a system of legal regulations on administrative case resolution that fundamentally guarantees the democratic, fair, and humane nature of the law, safeguarding the legitimate rights and interests of individuals, organizations, and enterprises The provisions are relatively comprehensive, covering general regulations to specific procedures in the process of administrative case resolution There is also basic uniformity and consistency in the regulations of the 2015 Law on Administrative Procedure and related documents The laws are aligned with the practical realities and the political, economic, cultural, and social development level of the country They are also in line with the Party's directions, the state's policies, and the Constitution's provisions regarding the position, role, functions, tasks, principles of organization, and activities of the Courts, the People's Procuracies, the principles of judicial procedure, and regulations respecting, protecting, and ensuring human rights and citizen rights However, alongside these advantages, there are still limitations in the improvement of laws in this field Certain provisions lack regulations for certain procedures during the administrative case resolution process, leading to incomplete comprehensiveness and a lack of ensuring the democratic, fair, and humane nature of the law, as well as the legitimate rights and interests of individuals, organizations, and enterprises Some provisions fail to ensure uniformity and consistency within the 2015 Law on Administrative Procedure itself, such as regulations regarding the exercise of the right to demand, the right to 23 propose, and the right to object by the People's Procuracies, provisions regarding measures to collect evidence, and documentation Some provisions also lack appropriateness and feasibility in practice, such as regulations on the jurisdiction of courts at all levels, the subject matter jurisdiction of cases, the right to request temporary suspension of case resolution by the litigants, and regulations regarding legal representatives Additionally, transparency and stability are not ensured, as the implementation, training, and deep understanding of the content of the 2015 Law on Administrative Procedure in certain People's Courts and People's Procuracies at the local level are not consistent or highly effective The issuance of guiding documents for implementing the 2015 Law on Administrative Procedure is limited and slow, impacting the effectiveness of resolving administrative cases in practice In the coming time, to further enhance laws on administrative case resolution, certain perspectives must be comprehensively implemented Moreover, several solutions should be consistently executed, including: Elevating the awareness and ideology of officials at all levels regarding the importance of enhancing laws on administrative case resolution Continuously improving provisions of laws on administrative case resolution by supplementing and amending certain regulations in a specific and clear manner The organization of law implementation plays a crucial role in improving laws on administrative case resolution This involves focusing on: enhancing the management, guidance, and operational oversight of the administrative litigation system; restructuring and enhancing the quality of human resources; strengthening cooperation between entities participating in administrative case resolution; emphasizing the issuance of legal precedents and enhancing conditions to ensure effective case resolution; and continuing to innovate legal education and outreach efforts 24