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Resolution 56/2010/qh12: Regarding The Enforcement Of Administrative Litigation Law

Original Language Title: Nghị quyết 56/2010/QH12: Về việc thi hành Luật Tố tụng hành chính

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

RESOLUTION: 1.

The law on administrative proceedings was National Assembly of the Socialist Republic of Vietnam tags XII, session 8 through 11/24/2010, there are effective from July 1, 2011.

Article 2.

1. Since the administrative procedure Law was published on this Law came into effect: a) the time limit for appeal under the procedure of Cassation, retrial for judgment, the decision has legal effect before the date of the law on administrative procedure shall apply published under the provisions of paragraph 1 and paragraph 2 to article 69 of the Ordinance on procedures for settling administrative cases;

b) the time limit proposed considering the protest under procedure of Cassation, the time limit for appeal under the procedure of Cassation, retrial for judgment, the decision takes effect from the date the law of administrative procedure rules to be published shall apply as specified in articles 211, 215 and 236 of the law on administrative proceedings;

c) procedure for cassation, retrial verdict, the decision stated at point a and point b of this paragraph be made according to the provisions of the Ordinance on procedures for administrative cases solved.

2. Since the administrative procedure Law in force: a) to the administrative case was the Court accepting the prior administrative proceedings Law takes effect, but since the administrative procedure Law in force the new trial at first instance, the application of the law on administrative procedure to resolve;

b) with respect to the administrative case was the trial court of first instance before the administrative litigation Law in force that have appeal, protest, but since the administrative procedure Law in force of the new appeals judges shall apply the law of administrative procedure to resolve;

c) for the verdict, the decision has force of law which was the appeal Cassation, retrial before the administrative litigation Law in force but from the date of the administrative litigation Law in force of the new trial of Cassation, retrial shall apply the law of administrative procedure to resolve;

d) for the verdict, the decision was in force statutory form of Cassation, a retrial in the time since the administrative procedure Law was announced until the day this law is in effect that has not had the appeal of the competent person, the protest was done according to the law on administrative proceedings;

DD) with respect to the administrative case adjudication and court judgments, decisions of courts of law has been in force before the date of the law on administrative proceedings has the effect that since the day this law is in effect a new protest of Cassation, retrial shall be based to the protest under procedure of Cassation , retrial pursuant to the Ordinance on procedures for administrative cases solved.

3. With regard to the judgement, the Court's decision has legal effect before the date of the law on administrative proceedings, but on the law of administrative procedure in force yet to be enforced or not enforced is complete shall be enforced under the provisions of the law on administrative proceedings.

Article 3.

Within a period of 1 year from the date of the administrative litigation Law in force, the complainant had made complaints of administrative decisions, administrative acts of land management to the President of the people's Committee of the district, County, town, city in the province, the provincial people's Committee Chairman, central cities from June 2006 to September this law takes effect If the complaint is not resolved or has been resolved but the complainant did not agree with the decision on complaint resolution shall have the right to sue at the people's Court under the provisions of the law on administrative proceedings.

Article 4.

1. the Supreme People's Court, the Supreme People's Procuratorate, Government within the scope of his duties, function to urgently strengthen the material base; supplements, training, professional training for the staff of public servants of the people's Court, people's Procuratorate, the enforcement agency to ensure response to solve the case and enforcement of administrative judgments when the administrative procedure rules are enforceable.

2. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, the mission is responsible, in coordination with the Central Committee of the Vietnam Fatherland Front and the Member organizations of the propaganda, popularized in the administrative proceedings Law officers public servants, and the people to contribute to strengthening Socialist legislation, promote the effect of the administrative litigation Law in the protection of the interests of the State, the legitimate rights and interests of individuals, agencies and organizations.

3. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, the mission is responsible for implementing and guiding the implementation of this resolution.

This resolution was the National Assembly of the Socialist Republic of Vietnam XII, session 8 through 11/24/2010.