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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI THUY HONG THE IMPLEMENTATION OF THE ADMINISTRATIVE COMPLAINT SETTLEMENT DECISIONS IN PRACTICE IN PHU YEN PROVINCE Field: Constitutional Law and Administrative Law Code: 9380102 SUMMARY OF THESIS IN LAW Hanoi - 2019 The study has been completed at: Graduate Academy of Social Sciences – Vietnam Academy of Social Sciences Supervisors : Dr Tran Kim Lieu Assoc Prof Dr Bui Thi Dao Examiner 1: Prof Dr Pham Hong Thai Examiner 2: Assoc Prof Dr Hoang Van Tu Examiner 3: Assoc Prof Dr Vu Trong Hách The thesis was orally defended at the Examining Committee, at Graduate Academy of Social Sciences – Vietnam Academy of Social Sciences The original of this thesis is accessible for the purpose of reference at: National Library of Vietnam; Library of Graduate Academy of Social Sciences; INTRODUCTION Rationale The right to make administrative complaints is the right of citizens to complain in the state administrative management, not only a way for citizens to protect their legitimate rights and interests when being abused but also a way for them to participate in state administrative management, social management, and supervision of the enforcement of executive powers However, this right only has real meaning when the settlement of administrative complaints is done in accordance with the law and the administrative complaint settlement decision is guaranteed to be implemented Enforcement of administrative complaint settlement decisions is considered to be the final stage of the process of settling administrative complaints, which is crucial to bringing legally effective administrative complaint settlement decisions into the social life, if this period is taken seriously, the administrative complaint settlement decisions will be guaranteed and the process of administrative complaint settlement decisions will be really meaningful Recognizing the importance of implementing administrative complaint settlement decisions, the State has issued many guiding documents to ensure this activity is implemented more and more effectively However, due to many objective and subjective reasons, the fact that the organization of implementation of legally effective administrative complaint settlement decisions still exist many shortcomings and limitations This affects the effectiveness of administrative complaint settlement; infringe upon the rights of agencies, organizations and individuals and reduce the effectiveness and efficiency of state management, fail to meet the requirements of the Socialist Republic of Vietnam State Therefore, the doctoral student chose the issue: "The implementation of the administrative complaint settlement decisions in practice in Phu Yen province" as thesis in law Research purpose and tasks - Research purpose: on the basis of interpreting theoretical issues on implementation of administrative complaint settlement decisions, assessing the law on the implementation of legally effective administrative complaint settlement decisions and implementing legally effective administrative complaint settlement decisions, the study aim to propose solutions to ensure the implementation of administrative complaint settlement decisions taking effect in the current period - Research tasks: Overview of research issues related to the thesis topic, indicate the issues that need further study; systematize and clarify theoretical issues on the implementation of administrative complaint settlement decisions; analyze and assess the status of the law provisions on the implementation of decisions on resolving administrative complaints and the practice of implementing legally effective administrative complaint settlement decisions in order to point out suitable and positive aspects and also limitations and inadequacies on the implementation of the legally effective administrative complaint settlement decisions, as well as the causes of that situation; from there, the study aims to determine the viewpoints and propose solutions to ensure the implementation of legally effective administrative complaint settlement decisions in the current period Objects and scope of the research - Research objects: Theoretical, legal and practical issues on the implementation of legally effective administrative complaint settlement decisions of state administrative agencies and competent persons in state administrative agencies - Scope of the research: In terms of content: Studying the implementation of the administrative complaint settlement decisions in accordance with the provisions of the Complaint Law in 2011 and its implementing documents; failing to study the implementation of the administrative complaint settlement decisions on the legally effective disciplinary decision against cadres and civil servants In terms of space and time: Studying practical implementation of legally effective decisions on settling administrative complaints of Chairman of People's Committees in Phu Yen province, from 2010 to 2017 Methodology and research methods - Methodology: The methodological basis of the thesis is dialectical materialism and historical materialism The theoretical ideology of the thesis is Marxism-Leninism; Ho Chi Minh’s thought on the exercise of the state power, control of the state power and guarantee of democratic rights of the people; the principle of labor participation in state management and the civil rights protection mechanism - Research methods: The research methods used in the thesis during the research process include: analytical methods, synthetic methods, comparative methods, statistical methods and historical methods New contributions of the thesis Firstly, to give the concept of administrative complaint settlement decision, implementation of administrative complaint settlement decision; to point out and analyze clearly the characteristics, roles, principles, subjects, contents and procedures of the implementation of decisions on handling administrative complaints At the same time, to identify the factors that ensure the enforcement of legally effective decisions on administrative complaint settlement Secondly, to assess the current situations of the current law provisions on the implementation of legally effective administrative complaint settlement decisions and the reality of the implementation of the current administrative complaint settlement decisions through the practice of enforcing legally effective administrative complaint settlement decisions from a specific locality Thirdly, to propose solutions to ensure the enforcement of legally effective administrative complaints settlement decisions These solutions are both generalized in terms of the implementation of administrative complaints settlement decisions in general, and specific in the implementation of administrative complaints settlement decisions in Phu Yen province Scientific and practical significance of the thesis The thesis is a relatively comprehensive and systematic research project on the implementation of the decision to resolve administrative complaints in both theoretical, legal and practical aspects The findings of the thesis help us to be deeply aware of the important significance of the implementation of administrative complaint settlement decisions in improving the efficiency of administrative complaint settlement, ensuring appropriate rights and interests of agencies, organizations, individuals, effectiveness and efficiency of state management In addition, the thesis can also be used as a reference in the process of completing the provisions of the law on complaints, resolving administrative complaints in general and executing decisions on settling administrative complaints in particular that contributes to overcoming the limitations and shortcomings in the implementation of the current decisions on handling administrative complaints Organization of the thesis In addition to the introduction, conclusion, list of references, content of the thesis is structured into 04 chapters, as follows: Chapter 1: Literature review and theoretical background Chapter 2: Theoretical issues on the implementation of administrative complaint settlement decisions Chapter 3: Current situations of the implementation of the administrative complaint settlement decisions in Phu Yen province Chapter 4: Viewpoints and solutions to ensure the implementation of the administrative complaint settlement decisions Chapter LITERATURE REVIEW AND THEORETICAL BACKGROUND 1 Literature review 1.1.1 Group of studies on complaints and administrative complaint settlement There were some typical projects such as: "Administrative complaints and denunciations - Theoretical basis, current situation and solutions", State-level independent scientific project of the author Le Tien Hao (Government Inspectorate, 2011); “Complaint resolution system of the US administration”, written by Edwin Felter; “Administrative Grievances: A developmental Study”, Research report by Michael Adler, Chistopher Farrell, Steven Finch, Jane Lewis and Dan Philo, Sue Moris; "The right of administrative complaints of citizens in Vietnam today", Doctoral Thesis of Law by Nguyen Thi Thuy (Hanoi Law University, 2009); "Some experiences in complaints and administrative complaint settlement in Japan" by Nguyen Quoc Hiep; "Settlement of administrative complaints in the administrative reform process in Vietnam", Doctoral thesis of Public Administration by Hoang Ngoc Dung (National Academy of Public Administration, Hanoi, 2015); In general, these studies did not directly address the implementation of administrative complaint settlement decisions, but the results of these studies have clarified the aspect of further studies for the implementation of the administrative complaint settlement 1.1.2 Group of studies on administrative complaint settlement decisions There were a number of studies such as: "Decision on settling complaints - Theoretical and practical basis", grassroots scientific topics by Nguyen Ngoc Tan and Van Tien Mai (Government Inspectorate 2007); "Discussing about the complaint settlement decisions", The research paper of Kieu Cao Chung, published in the State Journal and Law, No 18/2003, p 11-123; "Issues of decision-making in resolving complaints and problems in practice", Research paper of author Nguyen Cong Tinh, published in Inspection Journal, No 2/2005, p 21-224; "On the rationale of the complaint settlement decisions", the research article of the author Tran Minh Huong, published in the Journal of State and Law, No 11/2006, p 44-476; In general, these studies focused on analyzing and clarifying the reality of the law stipulating the decision on resolving administrative complaints to point out its limitations and shortcomings; from there, making recommendations and proposals to improve the provisions of the regulations on administrative complaint settlement decisions with the expectation that the administrative complaint settlement decisions will be promulgated to ensure the legality and rationality However, these studies have been carried out for a long time, the current legal provisions on administrative complaint settlement decisions are now much changed 1.1.3 The research studies on the implementation of complaint settlement decisions There were a number of studies such as: "Measures to ensure the implementation of the complaint settlement decision", grassroots scientific project headed by author Nguyen Van Kim, 2004; "Responsibilities of agencies, organizations and individuals in executing legally effective administrative complaint settlement decisions", the grassroots scientific project headed by MA Ta Thu Thuy, head of the project, 2017; "Solutions to ensure the implementation of complaint settlement decisions and denunciation handling decisions”, research topic of PhD Do Gia Thu under the National-level Independent Project; "The implementation of legally effective complaint settlement decisions", Independent scientific topic by Vu Thi Ngoc Hue, 2012; "Ensuring the implementation of complaint settlement decisions", a research article by author Bui Thi Dao, published in the Journal of Democracy and Law, on complaints and administrative lawsuits in 2008, p 10-13; "Completing the provisions on the implementation of legally effective complaint settlement decisions", a research article by Truong Quoc Hung, posted on the website of the Institute of Science Inspectorate (2011); In general, these studies have more or less addressed the theoretical issues of implementing administrative complaint settlement decisions, such as meaning, characteristics, roles, subjects of implementing decisions administrative complaint settlement; focused on analyzing the provisions of law related to the implementation of administrative complaint settlement decisions in order to identify the limitations of these regulations; identified problems and shortcomings in practice of executing administrative complaint settlement decisions and identified the causes of these problems and limitations; from which offered solutions However, in addition to the issue of the subject of the implementation of the administrative complaint settlement decisions that has been analyzed and interpreted comprehensively, the remaining issues (meaning, characteristics, role of executing the administrative complaint settlement decision) were only generalized in a very basic manner; the limitations of the law on the implementation of administrative complaint settlement decisions have been identified by the research studies and recommendations for remediation, now also overcome by the Complaint Law 2011 In addition, the research studies have not been in-depth analysis, specific evaluation of each cause of the shortcomings, limitations in the implementation of legally effective administrative complaint settlement decisions, as well as the proposed solutions, which only stopped at the titles or if any, mainly analyzed and evaluated based on the provisions of the law at the time of research, before the Law on Complaint 2011 was enacted 1.2 Evaluate the research situation of issues related to the thesis topic The issue of implementing administrative complaint settlement decisions has not really been paid enough attention by researchers and it is not commensurate with its importance The number of research studies on this issue is just a small number and the research content is not in-depth At present, there is not any research project to systematically and comprehensively study the implementation of the administrative complaint decisions in the perspective of theory, law and practice from which to give opinions, to make proposals and solutions to ensure the implementation of legally effective administrative complaint settlement decisions in the context of building and perfecting the Socialist rule-of-law State, socioeconomic development process, international integration of the country and in assuring human rights and citizens' rights 1.2.1 The studied content that the thesis will inherit - A number of theoretical issues on the implementation of administrative complaint settlement decisions related to the concept of legally effective administrative complaint settlement decisions; significance, role, characteristics and subjects administrative complaint settlement decisions of executing the Chapter THEORETICAL ISSUES ON THE IMPLEMENTATION OF THE ADMINISTRATIVE COMPLAINT SETTLEMENT DECISIONS 2.1 Concepts, characteristics, roles and principles of the implementation of the administrative complaint settlement decisions 2.1.1 Concepts of the implementation of the administrative complaint settlement decisions - Concept of the administrative complaint settlement decisions: A decision to settle administrative complaints is a written decision of a competent person to settle complaints in a state administrative agency, expressing an assessment of the legality and rationality of complained administrative decisions, administrative acts, and the handling measures against illegal and unreasonable administrative decisions, administrative acts - The concept of legally effective administrative complaint settlement decision: The legally effective complaint settlement decision is a decision to settle an administrative complaint that satisfies the content and formality requirements according to regulations of law, promulgated by competent persons to settle complaints in the State administrative agencies, which, within the statute of limitations, stipulate that complainants may not further appeal or not institute administrative lawsuits at courts - The concept of the implementation of the administrative complaint settlement decisions: Implementation of administrative complaint settlement decisions is that agencies, organizations and individuals exercise the rights and obligations recorded in the legally effective administrative complaint settlement decisions 2.1.2 Characteristics of the implementation of the administrative complaint settlement decisions 11 Firstly, the implementation of the administrative complaint settlement decision is only made for the legally effective administrative complaint settlement decision Secondly, the person who is responsible for implementing the administrative complaint settlement decision can be both a complaint settler and a complained subject or a public servant under the management of the complaint settler Thirdly, the implementation of an administrative complaint resolution decision determines the value of the entire course of complaint settlement 2.1.3 Roles of the implementation of the administrative complaint settlement decisions Firstly, the implementation of the administrative complaint settlement decisions ensures the lawful rights and interests of agencies, organizations and individuals Secondly, the implementation of the administrative complaint settlement decisions contributes significantly to improving the effectiveness and efficiency of state management activities Thirdly, implementing the administrative complaint settlement decisions contributes to strengthening the legal discipline 2.1.4 Principles of the implementation of the administrative complaint settlement decisions Firstly, the legally effective administrative complaint settlement decisions must be strictly abided by the subjects who are responsible for the implementation of the administrative complaint settlement decisions Secondly, legally effective administrative complaint settlement decisions must be voluntarily executed by the subjects who are responsible for the execution of the administrative complaint settlement decisions Thirdly, the person who is responsible for executing the administrative complaint settlement decisions does not comply with the 12 decision to implement legally effective administrative complaint settlement decisions must be enforced 2.2 Subjects, contents and procedures for the implementation of the administrative complaint settlement decisions 2.2.1 Subjects for the implementation of the administrative complaint settlement decisions The entities responsible for executing the administrative complaint settlement decisions include: the complainants; the complained subjects; complaint settlers; agencies and organizations managing cadres or civil servants whose administrative acts have been complained; agencies assigned to organize the implementation of administrative complaint settlement decisions; other agencies, organizations and individuals 2.2.2 Contents for the implementation of the administrative complaint settlement decisions The content of the implementation of the administrative complaint settlement decisions will depend on the conclusions of the complaint settlers on the complained administrative decisions and administrative acts In cases where the complained administrative decisions or administrative acts are completely legal, the implementation of the administrative complaint settlement decisions is the implementation of the complained administrative decisions and acts In case the complained administrative decisions or administrative acts are completely illegal, executing the administrative complaint settlement decision is to restore the rights and interests of the complainant who has been violated by the illegal administrative decisions and acts In case the complained administrative decision or administrative act is concluded only partially wrong, the implementation of the administrative complaint settlement decision is the implementation of the legal section of the complained administrative 13 decision or administrative act and the part has been corrected in the administrative complaint settlement decision 2.2.3 Procedures for the implementation of the administrative complaint settlement decisions The execution of the administrative complaint settlement decisions is divided into two stages: the stage of the active implementation of administrative complaint settlement decisions and the stage of enforcement of the administrative complaint settlement decisions In particular, the active phase of the implementation of the administrative complaint settlement decision is the period in which the activities of the implementation of the administrative complaint settlement decision are carried out from the parties responsible for the implementation of the administrative complaint settlement decisions, expressing the will and desires of these subjects, and these activities must be carried out within a set amount of time The stage of enforcement of the administrative complaint settlement decisions is the stage when competent subjects take measures to force subjects responsible for the implementation of the administrative complaint settlement decisions to carry out activities to realize the requirements recorded in the legally effective administrative complaint settlement decisions when the time limit for self-enforcement has expired but the subjects are responsible for the implementation of the administrative complaint settlement decisions still not proceed 2.3 Factors ensuring the implementation of the administrative complaint settlement decisions Firstly, the leadership and direction of the Party Committees at all levels in the work of resolving complaints and executing administrative complaint settlement decisions; Secondly, the laws on implementation of administrative complaint settlement decisions; 14 Thirdly, the quality of administrative complaint settlement decisions; Fourthly, the contingent of cadres, civil servants and material conditions for executing administrative complaint settlement decisions; Fifth, the coordination of related agencies, organizations and individuals; Sixthly, the control of implementation of administrative complaint settlement decisions; Seventhly, the awareness of the responsibility of the responsible parties in the implementation of the administrative complaint settlement decision Chapter CURRENT SITUATIONS OF THE IMPLEMENTATION OF THE ADMINISTRATIVE COMPLAINT SETTLEMENT DECISION IN PHU YEN PROVINCE 3.1 Current situations of law on the implementation of complaint settlement decisions 3.1.1 Regulations of law on the implementation of complaint settlement decisions The Law on Complaints in 2011 and Decree No 75/2012 / NDCP stipulate that the subjects are responsible for executing administrative complaint settlement decisions, including: complaint settlers; the complainant; the complained person; persons with related rights and obligations and concerned agencies, organizations and individuals The administrative complaint settlement decision which is enforced is the decision to settle legally effective administrative complaints, may be the first-time complaint or second-time complaint settlement decision In case 15 the administrative complaint settlement decision concludes that the complained administrative decision or administrative act is lawful, the content of the implementation is to strictly observe complained administrative decisions and administrative acts complain In case the administrative complaint settlement decision concludes that the complained administrative decision or administrative act is unlawful, the content of implementation is to amend, supplement or cancel part or the whole of the administrative decision or immediately stop the complained administrative act; to restore the legitimate rights and interests of the complainant and related persons that have been infringed upon; pay compensation for damages caused by such unlawful administrative decisions or administrative acts (if any) 3.1.2 Comment, evaluate the provisions of the law on the implementation of complaint settlement decisions Firstly, there is no regulation on the responsibility that the complainant must bear when not complying with the complained administrative decision, the complained administrative act which has been concluded as lawful, as well as the decision of the competent authorities in order to execute legally effective complaint settlement decisions; on the time limit, order and procedures for executing legally effective complaint settlement decisions; on suspension, supervision and sanctioning of violations in the implementation of legally effective complaint settlement decisions Secondly, between the Law on Complaints in 2011 and Decree 75/2012 ND-CP, there are inconsistent provisions on the responsibilities of the complaint settlers in the implementation of the legally effective complaint settlement decisions; using inconsistently descriptive terminology about the subject responsible for executing the complaint settlement decision, who has related rights and obligations 16 Thirdly, regulations on the time of the legally effective complaint settlement decision is detrimental to the complainant General provisions on the responsibilities of the complainant in both the first time and the second time; only stipulate that the complainant must collaborate with competent agencies, organizations and individuals in restoring his / her lawful rights and interests infringed upon by the administrative decisions or administrative acts and the responsibilities of complained persons in the direction of implementation responsibility is not yet appropriate 3.2 The practice of the implementation of administrative complaint settlement decisions 3.2.1 Overview of the situation of complaints and issuance of administrative complaint settlement decisions From 2010-2017, the state administrative agencies of Phu Yen received 15,996 complaints with 10,958 cases Through classification of settlement, there are 3,388 complaints under the jurisdiction of the People's Committee at all levels, focusing on settling 2,932 / 3,388 cases, reaching the rate of 86.56% In particular, the number of cases settled by complaint settlement decision is 1,295 / 2,932 cases However, among 1,295 complaint settlement decisions that have been issued, only 1,101 legally effective complaint settlement decisions must be implemented immediately, accounting for 85.01% of the total number of issued complaint settlement decisions The results of the analysis of 1,101 legally effective complaint settlement decisions show that 895 first-time complaint settlement decisions accounted for 81.28% and 206 second-time complaint settlement decisions accounted for 18, 71% In particular, the number of complaint settlement decisions conclude that the true complaint content is 303 / 1,101 decisions, accounting for 27.52%; the number of complaint settlement decisions that are partly complied with is 304 / 1,101 decisions, accounting for 27.61% 17 and the number of complaint settlement decisions that conclude wrong complaints is 494 / 1,101 decisions, accounting for 44.86% 3.2.2 Assess the practice of implementing administrative complaint settlement decisions 3.2.2.1 Results achieved and the cause of those results achieved The rate of legally effective complaint settlement decisions implemented annually by the People's Committees of Phu Yen province is always high; there is no status of complaints and denunciations related to the implementation of legally effective complaint settlement decisions; The implementation of the effective legal action is conducted according to a uniform procedure The reason for achieving this result is: For the settlement of complaints, including the organization of implementation of the legally effective complaint settlement decisions, which is directed and implemented seriously by the Party Committee and the governments of Phu Yen province; The results of the complaint settlement have created favorable conditions for the complained persons to fulfill their responsibility to enforce the complaint settlement decisions which are legally effective and meet the complainant's requirements 3.2.2.2 Limitations and major causes of limitations The implementation of the legally effective complaint-settlement decision of the People's Committees of Phu Yen province is still slow and incomplete; There has not been any case being handled due to violations of the provisions on the implementation of legally effective complaintsettlement decision The main causes of these shortcomings and limitations are due to: The leadership and direction of the Party committees and authorities in the complaint settlement and the implementation of legally effective complaint settlement decisions are not close to the actual situation in the locality; the provisions of law on enforcement of the legally effective complaint settlement decisions remain limited and inadequate; the quality 18 of some complaint-settlement decisions is not high; civil servants and facilities to enforce unsecured complaint settlement decisions; In some cases, there is no close coordination among competent agencies, organizations and individuals; activities of controlling the implementation of law on effective implementation of complaint settlement decisions are not high; awareness of responsibilities of a number of agencies, organizations and individuals in the implementation of complaint settlement decisions has low legal effect Chapter VIEWPOINTS AND SOLUTIONS TO ENSURE THE IMPLEMENTATION OF THE ADMINISTRATIVE COMPLAINT SETTLEMENT DECISIONS 4.1 Viewpoint ensuring execution of administrative complaint settlement decisions Firstly, ensuring the implementation of the administrative complaint settlement decisions must be based on the party's lines, guidelines and policies Secondly, ensuring the implementation of administrative complaint settlement decisions must contribute to ensuring the implementation of human rights and citizens' rights Thirdly, ensuring the implementation of administrative complaint settlement decisions must contribute to promoting administrative reform 4.2 Solutions to ensure the enforcement of administrative complaint settlement decisions 4.2.1 Solutions to improve the law provisions on the implementation of complaint settlement decisions 19 Firstly, perfecting the provisions on the content of responsibilities of responsible subjects in the implementation of the administrative complaint settlement decisions Secondly, perfecting the provisions on the content and procedures for executing administrative complaint settlement decisions Thirdly, finalizing the regulations on controlling the execution of administrative complaint settlement decisions Fourthly, improving the regulations on handling of violations in the implementation of administrative complaint settlement decisions Fifthly, suspending the execution of legally effective administrative complaint settlement decisions 4.2.2 Solutions to organize the implementation of the complaint settlement decisions Firstly, strengthening the leadership and direction of the party committees and authorities at all levels for the settlement of complaints in general and the implementation of administrative complaint settlement decisions in particular Secondly, improving the quality of administrative complaint settlement decisions Thirdly, strengthening the coordination between agencies, organizations and individuals involved in the implementation of the administrative complaint settlement decisions Fourthly, strengthening the control of the implementation of the provisions of the law on the implementation of administrative complaint settlement decisions Fifthly, building and improving the quality of the contingent of civil servants and investing in equipment and material facilities to ensure the implementation of the administrative complaint settlement decisions 20 4.2.3 Solutions to raise awareness about the responsibilities of responsible entities in the implementation of complaint settlement decisions Firstly, raising the awareness of the responsibilities of the complaint settler, the complained person and relevant agencies, organizations and individuals in the implementation of the administrative complaint settlement decisions Secondly, raising the awareness of the complainant and the person with relevant rights and obligations regarding the responsibility in the implementation of the administrative complaint settlement decisions CONCLUSION Through researching on the thesis "The implementation of the administrative complaint settlement decisions in practice in Phu Yen province", the author draws some conclusions as follows: Firstly, the implementation of an administrative complaint settlement decision is the implementation of the rights and obligations recorded by the organizations and individuals recorded in the legally effective administrative complaint settlement decision Therefore, in addition to the specific characteristics: it is only made for legally effective complaint settlement decisions; the subject who is responsible for implementing the complaint settlement decision can be both a complaint settler and a complained person or a public servant under the management of the complaint settler; the implementation of an administrative complaint settlement decision decides on the value of the entire process for settling a complaint At the same time, the implementation of an administrative complaint settlement decision also plays a very important role: Ensuring the lawful rights and interests of agencies, organizations and individuals; 21 making an important contribution to raising the effectiveness and efficiency of state management activities and strengthening legal discipline Secondly, the implementation of administrative complaint settlement decisions is carried out according to specific principles: legally effective complaint settlement decisions must be strictly abided by the responsible persons in charge of the implementation of the administrative complaint settlement decisions; legally effective complaint settlement decisions must be implemented voluntarily by the subjects responsible for the implementation of administrative complaint settlement decisions; a person who is responsible for executing a complaint settlement decision does not comply with the legally effective complaint settlement decision must be subject to administrative coercion At the same time, the implementation of the complaint settlement decision is guaranteed to be implemented by the following basic elements: the leadership and direction of the party committees in the work of complaint settlement and the implementation of the decision administrative complaints in particular; law on the implementation of administrative complaint settlement decisions; quality of decisions on administrative complaints; staff, officials and facilities to implement the administrative complaint settlement decision; awareness of the subjects responsible for executing administrative complaint settlement decisions; coordination between concerned agencies, organizations and individuals; activities of controlling the execution of administrative complaint settlement decisions Thirdly, the entity responsible for executing the complaint settlement decision includes: the complainant; the complained person; complaint settlers; persons with related rights and obligations; agencies, organizations and individuals involved and each of these subjects has different legal status, so the specific responsibilities of these entities in the implementation of administrative complaint settlement decisions are also 22 completely different As for the content of the implementation of the complaint settlement decision will also depend on the conclusion of the complaint settlers about the complained administrative decisions, administrative acts However, the implementation of the administrative complaint settlement decision is actually one of the stages in the complaint settlement process, the final stage of the complaint settlement process Therefore, the procedure for implementing legally effective administrative complaint settlement decisions is divided into two stages: actively implementing and enforcing Fourthly, through the implementation of the legally effective complaint resolution decisions in Phu Yen province, there are still certain limitations in the implementation of the administrative complaint settlement decisions The main causes of this situation are, in general, due to: the leadership and direction of the party committees and authorities in the resolution of complaints and the implementation of legally effective complaint settlement decisions are not close to the actual situation in the locality; the provisions of the law on the implementation of the decision on complaint settlement have not been completed, there are still certain shortcomings; the quality of complaint resolution decisions is not high; civil servants and material facilities conditions for executing legally effective complaint settlement decisions are not guaranteed; awareness of responsibility on the implementation of the legally effective complaint settlement decision of the subjects responsible for implementing the complaint settlement decision is still limited; the coordination among relevant agencies, organizations and individuals in the implementation of legally effective complaint settlement decisions in some cases is not tight; activities of controlling the implementation of law on effective implementation of complaint settlement decisions are not high 23 Fifthly, from the reality of executing the above-mentioned complaint settlement decisions, the thesis offers the following groups of solutions: solutions to complete the law provisions on the implementation of complaint settlement decisions; solutions to raise awareness about the responsibilities of responsible subjects in implementing complaint settlement decisions; solutions implemented in the implementation of complaint settlement decisions However, these groups of solutions must be based on the thorough understanding of the Party's lines, guidelines and policies and must contribute to ensuring the implementation of human and civil rights, as well as promoting administrative reform./ 24 LIST OF ARTICLES BY AUTHOR Nguyen Thi Thuy Hong (2017), Factors affecting the implementation of the administrative complaint settlement decisions, Journal of Law Profession, No 05/2017 Nguyen Thi Thuy Hong (2018), The implementation of the administrative complaint settlement decisions and some theoretical issues, Journal of Industry and Trade, No 02/2018 25 ... complaint settlement decisions - Concept of the administrative complaint settlement decisions: A decision to settle administrative complaints is a written decision of a competent person to settle complaints... complaint settlement decisions", Independent scientific topic by Vu Thi Ngoc Hue, 2012; "Ensuring the implementation of complaint settlement decisions", a research article by author Bui Thi Dao,... administrative complaint settlement decisions; Secondly, the laws on implementation of administrative complaint settlement decisions; 14 Thirdly, the quality of administrative complaint settlement decisions;