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Administrative Procedure Law serves as the legal basis acknowledging the adjudicative authority of the court over citizens' complaints regarding administrative decisions, administrative acts of authorized agencies.
What is Administrative Procedure Law? Learn about the content of the amended and supplemented 2019 Administrative Procedure Law and consolidated documents.
1. Introduction to the Latest Administrative Procedure Law.
2. The Role of Administrative Procedure Law.
3. Source of Administrative Procedure Law.
4. Principles of Administrative Procedure Law.
* Download the 2015 Administrative Procedure Law HERE
1. Introduction to the Latest Administrative Procedure Law
- Viewed from a legal scientific perspective, Administrative Procedure Law is understood as the synthesis of legal regulations governing social relations arising during administrative proceedings (initiation, jurisdiction, resolution of administrative cases).
- The 2015 Administrative Procedure Law, effective from 01/07/2016, is the latest Administrative Procedure Law, applicable until the present.
- The 2015 Administrative Procedure Law is structured into 23 chapters with 372 articles. Compared to the 2010 Administrative Procedure Law, it adds 111 articles and amends, supplements 198 articles.
- The scope of regulation of the Administrative Procedure Law is defined in Article 1 of this Law as:
+ Basic principles in administrative proceedings;
+ Tasks, powers, and responsibilities of the agency conducting legal proceedings;
+ Rights, obligations of parties involved in legal proceedings, relevant agencies, organizations, and individuals;
+ Procedures, initiation, resolution of administrative cases, execution of administrative judgments, and resolution of complaints, accusations in administrative proceedings.
2. The Role of the Administrative Procedure Law
- Administrative Procedure Law is the institutionalization of the Party's and the State's policies and directions in resolving administrative 'disputes'; it is the legal framework regulating the behavior of all subjects within the scope of the Administrative Procedure Law.
- Recognizing the role and purpose of the Administrative Procedure Law, Article 1 of the 2015 Administrative Procedure Law also states: 'The Administrative Procedure Law contributes to protecting justice, human rights, civil rights, safeguarding the socialist system, protecting the interests of the State, the legitimate rights and interests of organizations, individuals; educating everyone to strictly comply with the law; ensuring the stability, transparency, and effectiveness of the national administrative system.'.
Significance and role of the Administrative Procedure Law for the state and society
3. Source of the Administrative Procedure Law
- The source of the Administrative Procedure Law is where legal regulations on administrative proceedings are housed, including:
+ The Constitution.
+ The 2015 Administrative Procedure Law.
+ Resolutions, ordinances that acknowledge administrative procedural regulations.
+ Decrees, Circulars guiding the Administrative Procedure Law.
4. Principles of the Administrative Procedure Law
- The Administrative Procedure Law, like any legal branch, has guiding principles that govern the entire system of administrative procedural regulations.
- In addition to general principles, the Vietnamese Administrative Procedure Law also has specific principles, including the following:
+ Principle of administrative litigation precedent.
+ Principle of duty to provide, collect evidence.
+ Principle of dialogue in administrative proceedings.
+ Principle that initiating administrative cases does not suspend the effectiveness of administrative decisions.
Each procedural law specifies its own plaintiff, if the Administrative Procedure Law defines the plaintiff as administrative decisions, administrative acts, then the Civil Procedure Law defines the plaintiff as civil cases. Therefore, attention is needed to ensure procedural compliance.
Here are Mytour's insights into Administrative Procedure Law from legal and legal scientific perspectives. This is an essential foundation for citizens to protect themselves against errors by authorized state agencies.
Readers can explore other laws in the Vietnamese legal system such as the Criminal Procedure Law, Law on Receiving Citizens, Civil Procedure Law, ...
