Thi hành quyết định giải quyết khiếu nại hành chính từ thực tiễn tỉnh phú yên tt tiếng anh

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 : 1. Dr. Tran Kim Lieu
2. 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
1. 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

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implementation of the administrative complaint settlement decisions in
practice in Phu Yen province" as thesis in law.
2. 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.
3. 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:
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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.
4. 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.
5. 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
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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.
6. 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.
7. 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
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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 1
LITERATURE REVIEW AND THEORETICAL BACKGROUND
1. 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

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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
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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 <www.giri .ac.vn> (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
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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.

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of

executing

the


- A number of shortcomings of the implementation of legally
effective administrative complaint settlement decisions and the causes of

those problems and limitations;
- A number of solutions to ensure the implementation of legally
effective administrative complaint settlement decisions.
1.2.2. Suggestions for further study
- Interpretation in a comprehensive and complete manner on the
concept, characteristics, roles, principles, contents, procedures for executing
administrative complaint settlement decisions, as well as factors to ensure
the implementation of administrative complaint settlement decisions.
- To deeply analyze to and specifically assess problems and
limitations in the implementation of legally effective administrative
complaint settlement decisions and each cause of those problems and
limitations; as well as suggested solutions and proposals.
1.3. Research question and Research hypothesis
- Research question: What is the implementation of the
administrative complaint settlement decisions and how important is it in the
process of realizing the complaint settlement result? What are the factors
that will be enforced during the implementation process? How is the legal
framework governing the implementation of the administrative complaint
settlement decisions?
- Research hypothesis: the implementation of administrative
complaint settlement decisions is the final stage of the administrative
complaint settlement process, making legally effective administrative
complaint settlement decisions to be effective in practice, it is of great
importance in ensuring the validity of legally effective administrative
complaint settlement decisions and it is an important tool to protect the
lawful rights and interests of agencies and organizations, individuals,

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improving the efficiency of complaint settlement, showing the effectiveness
and efficiency of state administration.
- Research question: What is the reality of the law on the
implementation of the legally effective administrative complaint settlement
decisions and how is the practice of executing the legally effective
administrative complaint settlement decisions?
- Research hypothesis: The law on implementation of the
administrative complaint settlement decisions is increasingly improved but
due to the change of socio-economic conditions, the requirement to ensure
legal rights and interests of individuals and organizations; therefore, the
demand for improving the law is increasing. Although the implementation
of the administrative complaint settlement decisions has many positive
results, there are still many limitations, so it needs to be strengthened to
ensure the effectiveness and efficiency of state administrative management,
rights and interests of agencies, organizations and individuals.
- Research question: What is the viewpoint on guaranteeing the
implementation of the administrative complaint settlement decisions and
how to ensure the implementation of legally effective the administrative
complaint settlement decisions in the current period?
- Research hypothesis: There have been some previous studies
referring to solutions to ensure the implementation of the legally effective
administrative complaint settlement decisions. However, these solutions are
not comprehensive and systematic, so they have not overcome all the
limitations and shortcomings in the implementation of the current legally
effective administrative complaint settlement decisions. In order to ensure
that legally effective administrative complaint settlement decisions are
executed, a comprehensive system of views and solutions from theory, law
and practice, is required.

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Chapter 2
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
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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
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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

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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 do 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;
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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 3
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
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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.
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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%
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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
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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 4
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

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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.

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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
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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.

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