Resolution 02/2011/hdtp: Guide The Implementation Of Some Provisions Of The Law On Administrative Proceedings

Original Language Title: Nghị quyết 02/2011/NQ-HĐTP: Hướng dẫn thi hành một số quy định của Luật Tố tụng hành chính

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RESOLUTION guiding the implementation of some provisions of the law on administrative proceedings _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base's courts Organization Act;
To the correct and uniform enforcement of the provisions of the law on administrative proceedings (hereinafter abbreviated as AP Act);
After the comments of Minister Supreme People's Prosecutor and the Minister of Justice, PARLIAMENT: chapter I on a NUMBER of GENERAL PROVISIONS article 1. Administrative decisions, administrative acts, decisions addressed complaints about the decision to handle the case competition is the object of administrative lawsuits the provisions of article 28 of Law AP 1. Administrative decisions subject to petitioner to request the Court to resolve the case the Administration is writing is expressed in the form of the decision or other form of notice, conclude, dispatch by State administrative organs, other organizations, agencies or authorized person in the Agency the Organization, which had issued contained the content of administrative decision be applied once for one or several specific objects on a particular problem in administrative management activities that the petitioner claimed that the rights, legitimate interests of themselves being violated (except the message text of the Agency Organization, or authorized person of the Agency, held in the individual requirements, the Agency additional organization, offering records, documentation related to resolving specific cases handled, at the request of the individual, agency, institution), including: a) the administrative decision are State administrative organs other organization, agency, or authority in the Agency, the organization that issued the resolution, while the processing of administrative management activities;
b) administrative decision is issued after a complaint and have the content to edit, add, replace, cancel in whole or in part the decision of the administrative instructions in point a of this paragraph.
2. administrative acts subject to petitioner to request the Court resolving the Administration's conduct of the State administrative organs, other organizations or agencies authorized by the person in authority, the organization that performs or doesn't perform the task of the public service, under the provisions of the law. Determining when is the administrative acts of the State administrative bodies, other institutions, agencies, when is of authority in the State administrative organs, agencies, and organizations and when is not performing their duties, the public service must be based on the provisions of the law of the jurisdiction , the time limit for the mission, justice and distinguished as follows: a) cases under the provisions of the law, the implementation of the public service tasks, in particular of State administrative bodies, other institutions, agencies, but by people in the State administrative organs, agencies, and organizations that follow the assignment or delegation the credentials, then the behavior that is the administrative acts of the State administrative organs, agencies, and organizations that are not administrative acts of the person who made that administrative acts;
For example, according to the provisions of article 126 of the law on the land records land use conversion in the people's committees of communes, wards and towns. Mr. Nguyen Van A was applying for conversion of land use in town X Committee as prescribed, but Mrs. Tran Thi C is receiving officials of the people's Committee of commune X returned to his profile A and no reason of the return that record. In this case, the returned record for Mr. A is the administrative acts of the communal people's Committee, X which is not the behavior of Mrs. Tran Thi c. b) where under the provisions of the law, the implementation of the public service tasks, in particular of the authority in the State administrative agency other institutions, agencies, the practice of the particular public service task, which is the administrative acts of the authorized person, regardless of whether they directly implement or assign, delegate, delegate to others;
For example, under the provisions of the law of the people's Committee Chairman H Township is authorized to organize the coercive enforcement of the decision sanctioning administrative violations in the field of land for Mr. D, but has the credentials for the Vice President of the people's Committee to direct the Organization H Township. In this case, the coercive enforcement of the decision on sanctions against administrative violations he D is the administrative acts of the communal people's Committee Chairman H which is not the behavior of administrative Vice Chairman of people's Committee of town H. c) where under the provisions of the law , the implementation of the public service tasks, in particular of State administrative bodies, other institutions, agencies, but most of the time limit prescribed by law that the State administrative organs, agencies, and organizations do not perform the task, the service, the behavior does not make the task of the public service, that is the administrative acts of the State administrative bodies , the Agency, other organization, regardless of the task, the service that was assigned, authorization, credentials for specific people in the State administrative organs, agencies, and organizations that perform;
For example, under the provisions in article 7 of Decree No. 88/2006/ND-CP on 29-8-2006 by the Government on business registration, the business registration office in the Department of planning and investment to the province of A certification authority sign business for enterprises established in the administrative boundaries of the province. N business has submitted a full registration dossier is valid, but the time limit that the law, not the business registration office certificate of business registration for business. In this case, the non-business registration certificates for business N is the administrative acts of the business registration office in the Department of planning and investment in the A.
d) where under the provisions of the law, the implementation of the public service tasks, in particular of the authority in the State administrative organs, agencies, and organizations, but most of the time limit prescribed by law that authorized person in the State administrative organs, agencies, and organizations do not perform the tasks the public service, then the behavior does not make the task of the public service, that is the administrative acts of the authorized person, regardless of whether they have been assigned, authorization, credentials for other people made.
For example, according to the provisions of article 30 of the law on residence shall within 10 working days from the date of receipt of full papers according to the regulations, the Minister of public security, Ward, Township, town, window to staying to households or individuals. Ms. X has filed regulatory papers enough to suggest police staying book level N Township, but the time limit of 3 working days from the date of receipt of full papers that police issued no runny N Township staying for Ms. X. In this case, the window level not staying for Mrs. X is the administrative acts of the communal police n. 3. The decision to settle complaints about the decision to handle the case competition subject to petitioner to request the Court to resolve the case is the decision of the Council of Ministers, competitive industry when the complaint resolution decision to handle the case under the provisions of section 7 of chapter V of the law on competition , including: a) complaint resolution decision of the competition Council against the decision of the Council handled the competition when handled the competition related to restrict competition;
b) complaint resolution decision of the Minister of industry and trade with respect to the decision of the heads of competition authorities when handling competition cases involving acts of unfair competition.
Article 2. Determine who sued the provisions in clause 7 of article 3 of the law of AP 1. As specified in paragraph 7 of article 3 of the law on the AP sued as individuals, agencies, organizations are administrative decisions, administrative behavior, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters to be litigated; Therefore, to identify the right person being sued when is personal, when is the Agency to organizations based on the provisions of the law of the jurisdiction. The case has many of the same law stipulates the jurisdiction of administrative decisions or perform administrative acts on a field, then the determination of the jurisdiction of the person being sued when is personal, when is the Agency, organizations must rely on specialized law.
For example, there are two administrative decisions being litigated and two administrative decisions were due to the President of the district-level people's committees (a decision on sanctioning administrative violations and a decision to revoke the land of households). Pursuant to the provisions of the law of the jurisdiction in this case, the person being sued in the case of the administrative grievance decision sanctioning administrative violations as individuals people's Committee Chairman at district level (article 29 of the Ordinance on handling administrative violations), who sued in the case of the administrative grievance decision to revoke the land of households is the people's committees at district level (article 44 of the law of the land).
2. Who has the authority in State agencies, bodies and organizations specified in clause 1 and clause 2 of article 3 of the law on the AP's position, specific titles and under the provisions of the law, then the positions titles that have the jurisdiction of administrative decisions or administrative acts. The case of the administrative decision or administrative acts by a particular person or perform, but the person that signed the administrative decision or perform administrative acts with a nominal title, jurisdiction, the administrative decisions, administrative acts is that of the service , title.
For example, the administrative decision by Mr. Nair A signed with the name of the Chairman of the district people's Committee B, then called the administrative decision of the Chairman of the district people's Committee B which is not called the administrative decision of Mr. Nguyen Van a. Article 3. Solve the problem of compensation for damage in the case of the administrative provisions in article 6 of the law on the AP

1. In accordance with paragraph 1 article 6 of the law on the AP, the petitioner, whose rights, obligations involved in administrative lawsuit may claim damages. The damage in this case is the actual damage due to administrative decisions, administrative behavior, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition. The case of the petitioner, whose interests, related obligations have demanded compensation for damage shall be obliged to provide evidence. The case required the Court to be able to collect more evidence to ensure the resolution of the case was correct.
2. When settling the claim for damages should distinguish as follows: a) case the Court addressed both the damage claim with the administrative case that the decision of judgment on compensation being appealed or protested or appeal courts , cassation or retrial Cancel to trial of first instance or the appeal decision on the part of the compensation in the case of this part of the case. Resolution procedures for the decision on compensation for damage suffered to appeal, protest or canceled to trial at first instance or appeal is made pursuant to the law of the AP;
For example: where the only part the decision of the Administrative Court of first instance of the district people's Court N, the P on compensation of damage suffered, the Court of Appeal's courts administrative province P will accepting settled administrative proceedings; the case of the section of administrative judgment decisions of first instance courts of the District of N, the P on compensation of damage being the Court of first instance trial Cancel to ward, the district people's Court handles N and a trial of first instance in administrative proceedings.
b) Court case resolved part of the claim for damage to solve by a civil case is the procedure of resolving is done according to the provisions of the code of civil procedure.
Article 4. The case required the Court of the province can get up to address grievances in the jurisdiction of the courts of the district level specified in point g of paragraph 1 of article 30 of law AP 1. Appeals of administrative decisions, administrative acts of the people's committees at district level, the President of the people's Committee of the district level related to multiple objects, complex.
2. Appeals of administrative decisions, administrative acts in the jurisdiction of the District Court that the judges of the Court of the district in which the case is refused to conduct the proceedings or altered.
3. The case have litigants or overseas property or need a judicial mandate for foreign representative offices of the Socialist Republic of Vietnam abroad or the competent agency of a foreign country.
Article 5. Identify the authority in the case just got a complaint, filed the petition specified in article 31 of the law on AP 1. The case of the petitioner to have petition the administrative lawsuits in the courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve the complaint, then the Court must ask the petitioner make text selectable resolution bodies; the case of the petitioner does not do text selection, then the Court must set the minutes regarding the petitioner select resolve.
2. in case of administrative decisions, administrative acts are only relevant to a person who had just run the administrative lawsuits in the courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve the complaint, then the resolution according to the choice of the petitioner. The case of the petitioner choose the courts settle the Court accepting the case under the General procedure, at the same time notify the competent person to resolve the complaint and request the transfer of the whole of the record to the Court of appeal (if any). The case of the petitioner choose who has the authority to resolve the complaint resolved the Court pursuant to Article 109 paragraph 1 g point of law on the AP returned the petition and attached documents to the petitioner. If most of the time limit for complaints that are not resolved or complaint has been resolved but the complainant did not agree with the resolution of the complaint and may petition the court administrative case review to conduct the case according to the General procedure.
3. in case of administrative decisions, administrative acts relevant to many people, the distinction as follows: a) where only one person has just kicked the administrative lawsuits in the courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve the complaint, who else is left not to sue the administrative case and also not complaining to the person having jurisdiction complaints, then jurisdiction shall be as the case be instructed in clause 2 of this Thing;
b) where many people just start the administrative lawsuits in the courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve the complaint and all these people are choosing one of the two bodies have jurisdiction (the Court or authority to resolve claims) then the jurisdiction is made as the case be instructed in clause 2 this;
c) where there are many people just start the administrative lawsuits in the courts of competent jurisdiction, and there is a complaint to the person who has the authority to resolve complaints, of which one or some people opt for the courts to resolve and one or some people choose who has the authority to resolve complaints or cases of only one or some of the petitioner in the case administrative courts have jurisdiction, one or some of the other people just complain to the person who has the authority to resolve the complaint, then the distinction as follows: c. 1) where rights, obligations of the petitioner and the complainant independent of each other, then the resolution requested by the petitioner under the jurisdiction of the Court still, the complaints of the complainants under the authority of the person who has the authority to resolve the complaint. In this case, the Court accepting the resolution with regard to the request of the petitioner, at the same time notify the competent person to resolve complaints about the Court accepting the resolution with regard to the request of the petitioner;
c. 2) where rights, obligations of the petitioner and the complainant are not independent of each other the Court accepting the case under the General procedure, at the same time notify the competent person to resolve the complaint and request the transfer of the whole of the record to the Court of appeal (if any).
Article 6. The court case was settled the case administratively but later discovered this was the case or the jurisdiction of other courts 1. In the process of resolving the administration according to the procedure of first instance, the Court discovered this is not the case that the Administration is another case (civil, labor, Economics) and the resolution of this case is under the jurisdiction of the courts to resolve the case according to the General procedure regulating proceedings by law for the resolution of the case that at the same time notify litigants and Procuracy same level know.
2. Before you decide to take the case to trial according to the procedure of first instance that detects the resolution of this case is under the jurisdiction of other courts, the judge assigned the case administratively pursuant to paragraph 1 to article 32 of the law on AP cleared accepting, move the case file to the competent court at the same time notify litigants and Procuracy same level know.
3. After the decision was bringing the case to trial according to the procedure of first instance that detects the resolution of this case is under the jurisdiction of other courts, the courts must open the trial and at trial the trial to apply paragraph 3 to article 139 of the APS decision to suspend the trial , move the case file to the competent court.
4. When the appellate administrative case that uncovered the case in case of instructions in clause 1 and clause 2 of this the Court of appeal pursuant to paragraph 3 to article 205 of the APS decision verdict canceling the first instance due to serious violations of the proceedings and records of the case to the court having jurisdiction at first instance to the decision of first instance back to the case under the General procedure by the law regulating procedure for the resolution of the case.
5. When the trial of Cassation, the retrial of the case discovered that administrative lawsuits in the case be instructed in clause 1 and clause 2 of this Article, the Court of Cassation or retrial pursuant to paragraph 3 to article 225 or clause 2 of 237 Thing AP Law canceling the verdict, the decision has force of law due to the serious infringement proceedings and delivered the case file to the court having jurisdiction at first instance to resolve the case at first instance according to the General procedure by the law regulating procedure for the resolution of the case.
Article 7. Enter or separate administrative cases stipulated in article 33 of law AP 1. The Court may enter two or more administrative case was accepting separate to solve by an administrative case when the following conditions: a) The case accepting only separate a petitioner for many administrative decisions, administrative acts are due to an agency Organization, or a person of authority in the Agency, organization, and is intimately related to each other or the case accepting many separate claims for the same administrative decision or administrative acts;
Example 1: Mr. Nguyen Van A petitioner for the decision to revoke the approval decision and land compensation when land of Mr. a. both of these decisions by the district people's Committee B. B district people's Court was accepting two different administrative case.
Example 2: district people's Committee Chairman H decision sanctioning administrative violations of land management for Mr. Nair B and Mrs. Tran Thi c. B and C are both her grandfather had litigated the case that administrative tribunals have acceptance by two different case.
b) the import of two or more administrative case into an administrative case to ensure the trial was quick, efficient, thorough and not violating the time limit for pretrial preparation.

2. The Court can split an administrative case was accepting the many different administrative lawsuits in the case of administrative decision being litigated involve more people sue and rights, obligations of the petitioner which are not related to each other.
For example: N County people's Committee decision to revoke the land for two households in the ward, which identify specific land recovery of individual households. The two households is recovered ground are litigated in courts and tribunals have N County accepting an administrative case. In this case the rights, obligations of two households on is independent, not associated with each other. So, the Court could split the case on two different administrative case.
Article 8. The case must reject or change the person conducting the proceedings by relatives of litigants or base that they are not indifferent while on duty prescribed in clause 1 and clause 8 of 41 AP Law Article 1. Relatives of litigants who have the following relations with litigants: a) is the wife, husband, father, mother, father, foster mother, child, adopted child of litigants;
b) Is the grandfather, grandmother, grandfather, grandmother, brother, sister, children of litigants;
c) is the uncle of the bowel, uncle, aunt, boy, aunt of litigants;
d) is the nephew of litigants that litigants is the grandfather, grandmother, grandfather, grandmother, uncle, uncle, aunt, boy, my aunt.
2. Have a clear base that they can not indifferent while on duty is in addition to the case prescribed in clause from clause 1 to clause 41 of the law on the AP Article 7 in the other (as in the case of emotional relationships, relationships, relationships through the work economic relations, ...) clear base is to be confirmed as the judge, jurors, Prosecutor, court clerk not indifferent while on duty. For example, people's assessors is the brother of the petitioner; The judge is the son-in-law of people have rights, obligations in relation ...
Also considered is the obvious base to argue that they can not indifferent while on duty if in the same trial of administrative cases, the Prosecutor, the judge, the jurors and the court clerk is loved like together or if judges, people's jurors , The Prosecutor was assigned appellate case Administration has loved like is people's jurors, the judge, the Prosecutor participated in a trial of first instance, appeal case.
Article 9. Change of judges, people's jurors specified in article 42 of the law AP 1. As defined in clause 2 Article 42 of the law, the judge, AP jurors to refuse to conduct the proceedings or be changed in case relatives like with other members of the Board of review. However, when there are two people in the trial close together then only one person is denied or changed. Changing one before opening the trial by court decision, Chief Justice at the trial because the trial decision. The determination of the judges, people's assessors in the same trial is loved like together is done similarly as instructed in paragraph 1 article 8 of this resolution.
2. In accordance with paragraph 3 to article 42 of the law on the AP, judge, jurors to refuse to conduct the proceedings or be changed in case have joined a trial of first instance, appellate, cassation or retrial of the case. "Have joined a trial of first instance, appellate, cassation or the retrial of the case which" is already taking the case and issued the judgment at first instance, a Court of appeal, the decision of Cassation or retrial, decided to suspend the case (unless a member of the Council of judges of the Supreme People's Court The Commission, the provincial court judge was joined on trial many times the same case under the procedure of Cassation, retrial).
Article 10. The case petitioned to amend or revoke the decision of being litigated provisions in paragraph 3 Article 51 of the law as stipulated in paragraph 3 of the AP Article 51 of the law on the AP, then in the process of resolving the Administration who sued to have the right to modify or cancel the administrative decisions, disciplinary dismissal the decision resolved a complaint about the decision to handle the case competition, the list of voters to be litigated; Therefore, in the process of resolving administrative person sued has decided to revise or revoke administrative decisions, disciplinary dismissal, the decision addressed complaints about the decision to handle the case competition, the list of voters was to sue the Court shall inform the petitioner , people have rights, obligations relating to independent requirements known and distinguished as follows: 1. If the petitioner, whose rights, obligations relating to independent requirements are to withdraw the petition, asked the Court pursuant to point b paragraph 1 to article 120 of the law on the AP decision to suspend the resolution of the case;
2. If the petitioner, person of interest, related obligations have no independent requests to withdraw the petition, asked the Court to continue the case according to the General procedure. In this case, the Court must review the legality of decisions being litigated and decided to amend or revoke the decision of being litigated to customize to each specific case have the right decision the law;
3. If the petitioner withdrew the petition, but people have rights, obligations relating to independent inquiries have not asked the Court to suspend the settlement to petitioner's request and continue to solve for the required independence of the person of interest, related obligations. In this case, people have rights, obligations relating to become the petitioner;
4. If the petitioner does not withdraw the petition, but people have rights, obligations relating to independent withdrawal request asking the Court to suspend the resolution with regard to the request of the person who has the rights, obligations and continue to solve for the petitioner's request according to the General procedure.
Article 11. The lead witness Awards, the obligation to guarantee of the witness, the refusing of the witnesses specified in article 56 of the law of AP 1. The trial could decide the tournament lead witnesses to trial when there is enough of the following conditions: a) the witness has been summoned to trial but is not valid without good reason;
b) The absence of witnesses at the trial interferes for the trial of the case;
c) The lead award testify to the trial can be done before the debate.
The decision led the tournament the witnesses must be delivered immediately to protect the police force and the judicial assistance Department of the public security of the people authorized to perform as specified in circular No. 15/2003/TT-BCA (V19) on 10-9-2003 the Ministry of public security's "Guide to judicial support activities of the police forces, protect and support the judiciary in the public security people".
2. in the preparatory phase of the trial and at trial, the judge or the trial asked the witness warrant before the Court on the implementation of their obligations, rights, unless witnesses are minors. Guarantee of the witnesses have the following content: a) guarantee Court clarifying the rights, the obligations of the witness;
b) stayed honest declarations before the courts;
c) guarantee please bear the full responsibility before the law about his testimony.
In the preparatory phase of the trial, complained of the witness be recorded in the minutes of testimony of witnesses; at the trial, complained of the witness be recorded in the minutes of the trial.
3. Witnesses are refusing if his testimony related to State secrets, confidentiality, trade secrets, personal secrets or declaring it has bad effects, detrimental to litigants who have relative to themselves. In this case, the judge must explain to them if the refusing unfounded, they must bear responsibility according to the provisions of the law.
a) related to State secrets is related to the problem (information, news, content ...) in the legal text of the competent State agencies be regulated as there are different levels: "confidential", "secret" or "Confidential";
b) regarding confidentiality, trade secrets, personal secrets is related to confidentiality, trade secrets, personal secrets are protected by law of Government witnesses;
c) negatively for the litigants in the case was a relative of his is the case if the witness testimony out what you know, the bad influence to happiness, honor, dignity, reputation or other bad influences in life, work, production and trading of litigants who have close relations with the witnesses.
Identifying who's who testified was done similar to the guidance in paragraph 1 article 8 of this resolution.
Chapter II on the PETITIONER and SEVERAL REGULATIONS on the PROCEDURE of FIRST INSTANCE article 12. Time specified in article 104 of the law of AP 1. According to the provisions of art. 2 of the Law 104 AP Article then the time for administrative decisions, administrative behavior, disciplinary dismissal is 1 year from the date received or know the administrative decisions, administrative behavior, disciplinary dismissal; Therefore, to determine the beginning of computer time in any case is that "from the date", which is the case "since the October knows" should base on the subject was a direct impact of administrative decisions, administrative behavior, disciplinary dismissal and discrimination as follows :

a) individual cases, agency, organization affected directly by administrative decisions, disciplinary dismissal and they are objects to be received then the time begins to count time is from the day they receive administrative decisions, disciplinary dismissal (being bodies , the competent administrative decisions, disciplinary dismissal directly, through a postal employee, through local authorities or others in accordance with the law). For example, on 08-7-2011 Mr. N get the decision No. 19/QD-UBND on 10-10-2010 B County people's Committee on the certification of land use in the area with his 150m2 then the time begins to count his time N with respect to decision No. 19/QD-UBND on 10-10-2010 district people's Committee B is from the day he N get that decision (day 8-7-2011);
b) individual cases, agency, organization is not subjected to direct impact by administrative decisions, disciplinary dismissal and they are not the object received the decision and the fact that they did not get the decision, the times start charging time is from the day they learned of that decision. For example, in the case of the example stated in art. 1 of this article, after being granted land use right certificate, he has conducted N wall of the land 150m2. Mr. Q is his neighbors that he did N N wall up the land of Mr. q. on 28-7-2011, he gave his N Q see land use right certificates issued to Mr. N and Mr. Q found that part of the land that he N be granted land use right certificate as part of his land, in this case Q. start time, time of Mr. Q with respect to decision No. 19/QD-UBND on 10-10-2010 district people's Committee B is since he knows that Q (28-7-2011);
c) where the conduct of the State administrative organs, other organizations or agencies authorized by the person in authority, the organization that made the task of the public service, under the provisions of the law, then the time begins to count time as from the date of the administrative acts which are done (if the individual agencies, organizations, witnessed the implementation of administrative acts) or from the date of being informed about the time of administrative acts that were performed (if individual, agency or organization not witnessed the implementation of administrative acts that they were competent authorities informed of the time of administrative behavior that has to be done), or from the date of said was that administrative behavior (if individual, agency or organization not witnessed the implementation of administrative acts and was not the competent authority to be informed of the time of administrative acts which have been made, but they were aware that administrative behavior through other information as are others recounted);
Example 1: on 10-7-2011, Chairman of the district people's Committee organized the force, coercive means dismantling unauthorized building houses of Mr. H and Mr. H have witnessed the dismantling of the House then the time begins to count his H time for acts of dismantling unauthorized building housing it's behavior since scrapped home there was done (on 10-7-2011).
Example 2: in example 1 stated at point c, you have a house in his home next to H have been dismantled and coercion during coercive scrapped his housing H T he travel abroad. On 15-7-2011, the new Mr. T come on and see the wall of his house was and was told he was the neighbor H was coerced. If Mr. T Sue administrative behavior in housing construction dismantling illegal has the right to violate his legal interests, then the time begins to count his time T for the behavior of building housing puller which is illegal since Mr. T is told about the implementation of coercive behavior scrapped his housing H (15-7-2011).
d) where the conduct of the State administrative organs, other organizations or agencies authorized by the person in authority, the organization that does not make the task of the public service, under the provisions of the law, then the time begins to count time as from the date of expiry as specified by the laws that the Agency Organization, or authorized person in authority, the organization that does not make the task of the public service, under the provisions of the law.
For example, he was A founder of sufficient business business registration records of the business under the provisions of the law, but the expiry of registration certificate of business that he still is not A certificate of business registration, the time begins to count time in this case is from the date of expiry of certification posted the sign business.
2. Time of unforeseen events or other objectively without obstacles in time is the period of time that occurs in one of the following events: a) unforeseen events or obstacles such as disasters, pest, the needs of combat, combat service or due to the fault of the State Agency makes the subject has the right to sue could not sue in time range;
b) has not had a representative in the case of people who have the authority to sue juvenile, lost the capacity for civil acts or with limited capacity for civil acts;
c) Yet have other alternative representative or other legitimate reasons cannot continue to be represented in the representative case of juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts dead.
Article 13. Modifying, supplementing the petition specified in article 105 of the law AP 1. Upon receipt of the petition or after receiving the petition, found the petition incorrectly prescribed in clause 1 Article 105 of the law on the APS the case that resolved the following: a) the case of the petition does not have enough content to the provisions in clause 1 Article 105 of the law on the AP, then according to the modified requirements supplementing the petition that the Court require the petitioner to amend, supplement the petition within a time limit fixed by the Court, but not more than 10 working days from the date the petitioner received the text of the Court of requests, additional petition;
b) object case litigated in the record menu is decided to appeal that decision not subject to claims of the case under the provisions of Administrative Law AP and the guidance in article 1 of this decision of the Court shall explain to the petitioner knew that complaint resolution decision not subject to sue the administrative case and request originator the modified event, adding the petition on the subject sue within is instructed in point a of this paragraph.
2. Require modification, supplement the petition must be made in writing, which must specify the issues need additional amendments for the petitioner to know they made. This text can be delivered in person or mailed to the petitioner by mail and must be recorded in the tracking window.
3. Duration of the amendment and supplement of the petition is not counted on time. On Sue's still to be determined is the date of the petition and determined according to the guidelines in article 13 of this resolution.
4. after the petitioner has modified and supplemented the petition at the request of the Court the Court continued the case according to the common procedure provided for in Article 111 of law AP. If the expiry by the Court determined that the petitioner did not amend, Supplement at the request of the Court the Court shall base on point h paragraph 1 to article 109 of the law on the AP returned the petition and attached documents and evidence for them.
Article 14. Determine the date sue provisions of article 106 of the law of AP 1. The case of the petitioner to apply directly in the courts as stipulated in art. 106 of the law on the AP Article claims is the date of filing.
2. where the litigants filing to the Court by post as defined in point b of paragraph 1 to article 106 of the law on the AP to sue is postmarked on the sender. The case did not identify the day, month and year according to the postmark on the envelope, then do the following: a) on the court case received by the postal service moved to that time still on the petitioner's application was received by the Court on the post office moved to;
b) on court case received by the postal service moved to that time has run out, then the Court must proceed on the equivalent verification sent at the post office and distinguish as follows: verification on case litigants filing at the post office, the start date is the day at the post office sent litigants;
The case is not verified on litigants filing at the post office, the start date is the date of the petition.
3. where the medium has a complaint, petition and the petitioner choice Authoritive bodies complaints resolved on the petitioner with regard to administrative decisions that they have to complain is the day they sent the petition first. The case they just sue the complaint resolution decision has new content on the petitioner is the day they sent the petition decided to resolve the complaint. On the determination of the claims in this case follow the instructions in item 1 and item 2 of this Article.
4. in case of transfer of the case to another court under the provisions of paragraph 1 to article 32 and Article 139 paragraph 3 of the law on the AP and be guided in article 6 and article 18 of the resolution on this Sue is sent a petition to the Court was accepting the wrong jurisdiction and determined according to the instructions in the account 1 , 2 and 3 of this article.
Article 15. The time limit for pretrial preparation of first instance specified in article 117 of the law AP

1. The time limit for pretrial preparation of first instance administrative cases is 10 months from the date of the case for cases specified in point a of paragraph 2 Article 104 of law AP; 2 months from the date of the case for cases specified in point b of paragraph 2 to article 104 of the law of the AP. Only in the case of complex case or objective obstacles, the time limit for pretrial preparation must not exceed 6 months for cases stipulated in art. 117 of law Thing AP and not exceeding 3 months for cases specified in point b of paragraph 1 to article 117 of the law AP from the date of the case.
a) "complex cases" is the case there are many litigants, are related to many areas; the case has many documents, have contradicted evidence needed more time to study the documentation in the case file or the consultation of the professional body or need complex technical inspection; the case where the Privy is that foreigners are in foreign countries or Vietnam people are residing, studying, working abroad ...;
b) "objective obstacles" is the instruction at point a clause 2 article 12 of this resolution makes the courts can't solve the case within the prescribed time limit.
For example the M district people's Court, the L in the mountains had decided to bring the case to trial in which fixed the date of opening of the trial. However, also on 2nd is conducting the trial happened flash floods. The headquarters of the people's courts of the District of M are damaged. Due to recovery of flash floods, repaired the headquarters, district courts should M could not proceed to trial within the time limit prescribed.
2. Within the time limit specified in paragraph 1 to article 117 of the law AP and instructions in paragraph 1 of this article, the judge assigned to preside the trial must do one of the following decisions: a) bringing the case to trial;
b) temporarily suspend the resolution of the case;
c) suspended the settlement of the case.
3. The case has decided to take the case to trial that the trial was not open within 20 days from the date of a decision bringing the case to trial because of that reason, the time limit is a maximum plus ten more days.
"Reason" is the events occurring objectively unforeseen, such as the need to change, the assignment back to the person conducting the proceedings named in the decision to bring the case to trial that authorities have yet to send other people to replace; the case has complicated the trial many times in many different, courts should not have enough judges to conduct the trial of the case it had to transfer the case to superior court for trial or to wait for the judges seconded from other courts to ... lead to the Court cannot proceed to trial within the time limit prescribed.
4. The case has decided to temporarily suspend the resolution of cases, the time limit for pretrial preparation ended on a decision to temporarily suspend. The time limit for pretrial preparation be started again from the day the Court continued the case when the reason for suspension no longer exist.
Article 16. Suspend the trial provisions of article 126 of the law on AP 1. According to the provisions in paragraph 2 item 2 Article 126 of the law on the AP in special cases, the trial may be suspended but not exceeding 5 working days. Expiry of suspension, the trial of the case to be continued; Therefore, in case of trial decided to suspend the trial, when the trial resumed, the trial not proceed to trial of the case from the beginning. "Special cases" to suspend the trial is one of the following cases: a) Through debate or deliberation, the trial saw the need to consider more about the document, evidence may solve the case;
b) Due to unforeseen events or objective obstacles that cannot continue the trial was, for example, are there trial judges or people's assessors were hurt, sick could not continue the trial without judges or people's assessors attended physically participated in the trial from the beginning;
c) as proposed by the petitioner, the person being sued or the participants in the proceedings about the stopping of the trial and the trial to accept the suspension of the trial without case must adjourn the trial under the provisions of article 136 of the AP. For example, At trial, the parties privy to dialogue with each other and go to the agreed suspension of the trial to the person being sued to modify, Supplement, replace or remove administrative decision, stop or remedy of administrative acts were initiated; or to the petitioner considers the withdrawal request to sue.
2. The suspension of the trial must be recorded in the minutes of the trial and informed the participants of the proceedings said.
Article 17. The composition of trial at first instance in the special cases stipulated in clause 1 Article 128 of The AP case Law following the trial at first instance can consist of two judges and three people's assessors: 1. Complaints of administrative decisions, administrative acts of the provincial people's Committee , Chairman of the provincial people's Committee related to multiple objects, complex;
2. Complaints settled complaints about the decision to handle the case competition.
Article 18. Suspension of the trial at first instance, transfer the case to the Court of competent jurisdiction rules in paragraph 3 to article 139 of the law AP AP Law's 139 Articles paragraph 3 stipulates: "where the litigants to present the new administration decided that administrative decisions that relate to the decision were to sue and not under the control of the courts are the first instance trial of the case, the Judicial Council family only the trial and transfer the case file to the competent court ". New administrative decision in this case is the administrative decision to sue the administrative case Law under the provisions of AP and be instructed in clause 1 article 1 of this resolution at the same time decided that if petitioner is not in the jurisdiction of the courts are the first instance trial.
Article 19. Apply the provisions of the law on the APS to resolve complaints about the voter list specified in paragraph 1 to article 171 of the APS Law "The provisions of this law" the provisions of paragraph 1 to article 171 of the Act is not subject to regulations AP Chapter XI of the law of the AP, but the application of other regulations which are not inconsistent with the provisions of Chapter XI of the law of the AP except the rules of postponement of the trial, sent the case file to the Prosecutor's Research Institute before the opening of the trial and the rules of appellate procedure.
Chapter III ABOUT SOME RULES of APPELLATE PROCEDURE article 20. Appeal under the procedure of appeal specified in article 174 of the law AP 1. Object that litigants, litigants, representative bodies, have the right to sue the organization making an appeal to the superior court to request directly addressed in appellate procedures including: judgment, decided to temporarily suspend, suspension of the case by the Court of first instance.
2. individual litigants has full capacity to conduct administrative procedure can himself make an appeal. In the item name, the address of the appellant in the application must write to them, the name, the address of that appeal. At the same time at the end of the appeal, that litigants must sign or point only.
3. the Equivalent instructions in clause 2 of this if not the appeal yourself, you can authorize another person representing themselves appeal. In the item name, the address of the appellant in the application must write to them, the name and address of authorized representative of appeal; they, the name, address of the authoritative litigants to appeal and the authoritative text. At the same time at the end of the appeal, the authorized representative must sign or point only.
4. Privy is the body, the Organization has the right to appeal. Legal representative of the Agency, is that organizations can make an appeal. In the item name, the address of the appellant in the application to record the name, address of the litigants is the Agency Organization; they, the name, the position of the legal representative of the Agency, is held. At the same time at the end of the appeal, the legal representative must sign and seal of the Agency, that organization.
Case of legal representative of the litigants is an authoritative organization, Agency for others representing organs, held the appeal in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative of the appeal; name, address of the litigants is the agency authorized organization; they, the name, the position of the legal representative of the litigants is the Agency, that organization and the authoritative text. At the same time at the end of the appeal, the authorized representative must sign or point only.
5. legal representative of litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts can make an appeal. In the item name, the address of the appellant in the application must write to them, the name and address of the representative under the law; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts. At the same time at the end of the appeal, the appellant must sign or point only.
Case of legal representative of the litigants is authoritative for others representing themselves appeal then in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative and authoritative text; they, the name, the address of the representative under the law of the authorisation; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts. At the same time at the end of the appeal, the authorized representative must sign or point only.
6. The authoritative guidance in paragraphs 3, 4 and 5 this must be made in writing to have certified, certified, unless an authoritative text that was created in the courts to have the witness of the judge or court officer was Chief Justice of the court assigned. In the authoritative text must have equivalent content authorization for authorized representative the appeal judgement, decided to temporarily suspend, suspension of the case by the Court of first instance.
Article 21. Changes and supplements the appeal or protest specified in article 188 of the law AP 1. The Court accepted the Procurator have protested change, additional protest is as follows:

a) case and yet the time limit for appeal under the provisions of article 183 of the law of the AP, the Procurator has the appeal has the right to change, complement the protest without being limited by the scope of the protest initially;
b) case was the appeal expiry under the provisions of article 183 of the law of the AP then before the start of the trial or at the trial who were protesting the right to change, Supplement, but do not exceed the range that has appeal in the time limit for appeal.
2. The courts accept the Privy has appealed the additional appeal, changes as follows: a) case and yet the deadline to appeal under the provisions of article 176 of the APS Law litigants have the appeal has the right to change, complement the appeal without being limited by the scope of the appeal;
b) case was the appeal expiry under the provisions of article 176 of the APS Law before the commencement of the trial or at the trial who appeal have the right to change, complement the appeal, but may not exceed the scope has appealed within the time limit of appeal.
Article 22. Determining the time limit for pretrial preparation in the case had decided to temporarily suspend the appellate prescribed in article 191 of the AP case Law has decided to temporarily suspend the appellate administrative cases, the time limit for pretrial preparation ended on a decision to temporarily suspend. The time limit for pretrial preparation of appeal started again, since the Court of appeal further appellate case as the reason for suspension no longer exist.
Chapter IV the TERMS OF IMPLEMENTATION of Article 23. Effective enforcement of this resolution was the Council of judges of the Supreme People's Court through May 1, 2011 and is enforceable after 45 days from the date of signing and replaces resolution No. 04/2006/hdtp on 04 August 2006 of the Council of judges of the Supreme People's Court to guide the implementation of some provisions of the Ordinance on the seat solve the administrative case was amended and supplemented by the Ordinance amending and supplementing some articles of the Ordinance on procedures for settling administrative cases on 25 December 1998 and September 5, 2006.