Kiểm sát việc giải quyết các vụ án hành chính ở việt nam hiện nay tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

LE VAN HAO

SUPERVISING THE SETTLEMENT OF
ADMINISTRATIVE CASES IN VIETNAM TODAY

Major: Constitutional Law and Administrative Law
Code: 9 38 01 02

ABSTRACT SUMMARY OF DISCIPLINE STUDY

HA NOI, 2020


THIS WORK IS COMPLETED AT
GRADUATE ACADEMY OF SOCIAL SCIENCES

SCIENCE INSTRUCTOR:
Associate Professor PhD. Vu Thu
Assoc. Prof. Dr. Hoang Van Tu

Reviewer 1:
Reviewer 2:
Reviewer 3:

The thesis is defended before the thesis appraisal board of the
Academy at the Graduate Academy of Social Sciences at:
......hours, date ......... month...... 2019.

This thesis can be found at:
- Library of Graduate Academy of Social Sciences
- National Library of Vietnam



1


OPENING
1. The urgency of the thesis
The

research

on

supervising

the

activities

of

resolving

administrative cases of People’s Procuracy has many different approaches.
However, the research approach on the nature, purpose, requirements and
evaluation of the effectiveness of the supervisory activities of the settlement of

administrative cases in order to provide solutions to improve the supervision
quality of administrative cases of people’s from the perspective of the
Constitution Law, the Administrative Procedure Law, and the Law on
Organization of People’s Procuracy is considered as one of the forms of control
of judicial rights (Control of the jurisdiction of the court). This activity not only
helps the People’s Procuracy perform power from the National Assembly to
complete the function of supervising the compliance with the laws of the court and
other participants in the process of solving administrative cases. This activity of the
People’s Procuracy is to ensure the court when judging, issuing judgments and
decisions equally, impartially, objectively, lawfully promptly detecting cases of
abuse of rights forces in adjudicating administrative cases to propose and request
protests to overcome them. This is also a research direction to build an accurate
conception of operational efficiency in supervising the settlement of administrative
cases of People’s Procuracy . On that basis, offering objective and comprehensive
criteria to assess factors affecting the relationship of working coordination, first and
foremost the relationship between the judicial authority and the procuracy and the
relationship between the People’s Procuracy and the concerned agencies and
organizations; between the function positions and duties of People’s Procuracy and
the effectiveness and efficiency in activities of supervising the settlement of
administrative cases of People’s Procuracy in a common, uniform mechanism,
from which as a scientific basis to allow a proper assessment of the nature,
necessity, substance, reality and effectiveness of the supervision of the settlement
of administrative cases.
Theoretical and practical research on activities of supervising the

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settlement of administrative cases of People’s Procuracy in the condition of
market economy, international integration, meeting the requirements of judicial

reform to continue building and perfecting the Socialist State of Social
Republic of Vietnam, by the people, for the people in the current period and in
the coming time should be cared properly Therefore, the choice of the issue
"Supervising the settlement of administrative cases in Vietnam today" as the
thesis topic is to meet theoretical and practical requirements.
2. Research purposes and missions
2.1. Research purposes
On the basis of clarifying theoretical issues and analyzing the
practiccal issues of supervising the settlement of administrative cases, the
thesis proposes a number of solutions that contribute to improving the quality
of supervising the handling of administrative cases.
2.2. Research missions
- Surveying and evaluating the overall situation of research in the coutry
and abroad for the act of supervising of the settlement of administrative cases by
People’s Procuracy ; From there, it is necessary to identify gaps and issues raised
that the thesis needs to continue studying.
- Analyzing and clarifying theoretical and legal issues on the the act of
supervising of the settlement of administrative cases by People’s Procuracy from
the legal aspect, which is considered as one of the methods of judicial power
control, from which people build up the concepts of controlling the settlement of
administrative cases, the subjects, the scope and defining the contents of this work.
- Surveying , collecting information and documents to assess the
current situation of the act of supervising of the settlement of administrative cases
by People’s Procuracy ; outlining the shortcomings, limitations and causes of
the problems, limitations in the field of supervising the handling of
administrative cases.

2

- Proposing solutions and recommendations to improve the quality of
the supervision of the settlement of administrative cases of People’s Procuracy
in the coming time.
3. Research subject and scope
3.1. Research subjects
The subject ject of the thesis research is the act of supervising the
settlement of administrative cases of People’s Procuracy
3.2. Research scope
- In terms of the content: The dissertation researches within the scope
of activities of supervising the compliance with the law during the process of
conducting the administrative cases of people’s court.
- In terms of time: The dissertation studied the activities of
supervising the law compliance in the process of handling administrative cases
of People’s Procuracy from 2009 to 2018.
-In terms of space: The dissertation carried out survey and analysis
nationwide, focusing in a number of key provinces and cities.
4. Methodology and research methods
4.1. Methodology
The methodology used in the thesis research process is dialectical
materialism and historical materialism.
4.2. Research Methods
- Historical method
- Methods of analysis, synthesis and statistics
- System structure method
- Comparative law method
- Case study method
5. New contributions of science of the thesis
Firstly, the dissertation analyzes and clarifies the activity of
supervising the settlement of administrative cases which is the act of
conducting state power, namely the right to control judicial activities in solving

3


administrative cases. The main purpose is to ensure the law of administrative
procedure is strictly and lawfully complied with.
Secondly, through analyzing and clarifying the activities of
supervising law compliance in the process of handling administrative cases, the
research results of the topic have identified the position and role of the
People’s Procuracy in the state apparatus, especially in terms of building and
perfecting the Socialist state of Social Republic of Vietnam today.
Thirdly, the research results of the dissertation contribute to
supplementing and completing the theoretical issues of the activities of
supervising the administrative cases of People’s Procuracy in the form of
controlling judicial power such as: : building a number of concepts,
characteristics, content, and methods of controlling the settlement of
administrative cases
Fourthly, from the theoretical awareness of the role and function of
People’s Procuracy , the thesis assesses the current situation of supervising the
settlement of administrative cases in Vietnam of People’s Procuracy .
Fifthly, the thesis proposes solutions to improve the quality of
supervising the handling of administrative cases based on science and from
which is feasible when being applied the function of People’s Procuracy .
6. Scientific and practical significance of the thesis
6.1. Scientific significance of the thesis
The thesis contributes to supplementing and completing the theory of
science of the Constitutional Law, the Administrative Law, the Law on
Organization of the People's Procuracy and the Law on Administrative
Procedure, clarifying the contents of the supervison of the settlement of
administrative cases, determining the position of people’s procuravy in the

state apparatus; duties and rights of People’s Procuracy when they settle
administrative cases
6.2. Practical significance of the thesis

4


- The thesis establishes a legal basis and a scientific basis for
supervising the handling of administrative cases of People’s Procuracy. At the
same time, it analyzes and clarifies the requirements of the performance of the
functions and tasks of the People's Procuracy, the coordination relationship
between the Procuracy and other agencies carrying out judicial activities in the
settlement process of administrative case.
- The dissertation's research results can be used as documents for
professional training and retraining in supervising the settlement of
administrative cases in practice.
7. The structure of the thesis
In addition to the introduction, conclusion, list of references and
appendices, the content of the thesis consists of 4 chapters:
Chapter 1: Overview of research situation
Chapter 2: Theoretical issues on supervising the settlement of
administrative cases
Chapter 3: The current law provision on the supervision of settlement
of administrative cases in Vietnam today and the practical application
Chapter 4: Perspectives and solutions to enhance the role of the
People's Procuracy in supervising the settlement of administrative cases.

5

Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
1.1. Research situation in the country
1.1.1. The first group studies the jurisdiction of administrative
complaints
Author Le Thu Huong in the article "On the mechanism of solving
administrative complaints in court countries" published in the Journal of
Democracy and Law - The Ministry of Justice has affirmed: In every country,
from the past until now, people both seek mechanisms to resolve administrative
complaints in order to promptly detect and correct errors of the administrative
apparatus, and at the same time protect the legitimate rights and interests of
citizens. Through researching the article of the author Le Thu Huong, the
author of the thesis found that this is a research result that can be used to refer
to the provisions of Administrative Procedure Law that have been amended
and completed according to the process of country development.
1.1.2. The second group is scientific researches on the necessity,
position and role of People’s Procuracy in the State apparatus and functions
of People’s Procuracy
The article Amending the Constitution in 1992 with the determination
of the position and function of People’s Procuracy in the state apparatus of the
author Le Huu The has focused on analyzing the theoretical basis and legal
grounds to regulate defining the position and functions of People’s Procuracy
in constitutional documents. Accordingly, the author has analyzed the basis for
defining the position and role of the People’s Procuracy

based on the

orientation of the Party and State courts in the process of Justice Reform,
international integration and building the rule of State Law in Vietnam.
Assoc.Prof.Dr. Tran Van Do "Solutions to improve the quality of the

right to prosecute and control judicial activities" (2003), Proceedings of
ministerial-level scientific topics, Institute of Procuratorate Studies – the
Supreme People’s Procuracy . The author has analyzed and proposed specific

6


solutions to improve the quality of prosecution rights and control judicial
activities in general. The article of Assoc. Tran Van Do can be used as a
reference when the topic proposes solutions to improve the quality and
effectiveness of the supervision of the settlement of administrative cases, one
of the areas of supervising judicial activities.
1.1.3. The third group is the scientific works on the research on the
activities of supervising administrative cases of People’s Procuracy
Nguyen Ngoc Khanh: "Some articles of the Law on Organization of
the People's Procuracy and the competence of the People's Procuracy in
adjudicating administrative, economic and labor cases", Procuratorate
Magazine, No. 3 / 2002. The article by Nguyen Ngoc Khanh can be used as a
reference in the process of analyzing the theoretical and legal basis on the
function of supervising the law compliance e of the People’s Court and the
participants in the proceedings in the process of solving administrative cases.
Dr. Nguyen Hoang Anh - Law Faculty, Hanoi National University,
"The role of the Procuracy in administrative cases and the issue of
independence", mentioned the legal grounds for the authority to participate
with the role of procurator on administrative cases of People’s Procuracy and
analyze the procurator's role at the administrative court hearing, the authority
and status of procurators at the preliminary trial appellate and appellate
administrative case, from which points out the limitations for the role of the
People’s Procuracy in administrative cases and the issue of independent trial.
1.2. Abroad research situation

Textbook Supervisory Work of the Chinese National Procuratorate
Academy, published by Beijing Legal Publishing House in 2002 (translated
and edited by Hanoi Procuracy College). It can be said that the textbook is a
valuable reference material during the implementation of Chapter 1 of the
topic: "Theoretical issues on supervising the settlement of administrative cases
in Vietnam today" when between Vietnam and China have similar political
systems and organizational structures.

7


Research report on the organization and operation of the judicial
system of the People's Republic of China (2010) by Assoc. Vivienne Bath,
University of Sydney, Assoc. Sarah Biddulph, University of Melbourne. This
report stated that, in addition to being supervised by a vertical system, the
Procuracy of China is also under the supervision of the National Assembly and
the People's Councils of the same level. The Procuracy system in China is
organized into four levels consistent with the court system.
Researching reports under the United Nations Development Program
(2010) “Research studies on the organization and functioning of the justice
system in five selected countries (China, Indonesia, Japan, Republic of Korea
and Russian Federation)” helps the author in the process of implementing the
project has an approach to learn about the organization and operation of the
Court and the Prosecutor Institute / Procuracy in some developed countries in
the world through which to clarify the specific characteristics of the activities
of supervision function, judicial activities with regard to their nature as powercontrol activities.
Research paper on the organization and operation of the Japanese
judicial system (2010), Assoc. Luke Nottoa Anhe, University of Sydney,
Prof.Dr. Kent Anderson, Australian National University, Prof. Makoto Ibusuki,
Seijo University, researched and analyzed: Japan Prosecutor's Institute has

important functions and duties in administrative pprocedures, especially
responsibility for the State.
Article:

"Administrative

Legal

Proceedings

in

the

Russian

Federation: The Concept and Essence" by Margarit court Sergeevna Pavlova
published in Middle-East Journal of Scientific Research 13 (Special issue of
Politics and Law): 43-47, 2013 ISSN 1990 -9233 © IDOSI Publications, 2013
stated that issues related to administrative pprocedures are increasing due to the
implementation of administrative reform in Russia..

8


1.3. Assessment the research situation related to the thesis
An overview of the research situation in the country in recent years shows
that the research projects have approached multidimensionally and diversified in
various angles and aspects of the structure of settling administrative cases in the
country court may be resolved by the administrative agencies which made the

administrative decisions and the administrative agencies of the higher level or by
the court
The foreign research works come from the organization and operation
of the apparatus of most countries in the world according to the principle of
court of isolation, so the prosecutors of other countries have no control functio
of judicial activities. On the other hand, institutes of prosecure of countries do
not perform the function of supervising the law compliance in the judicial field
(supervising judicial activities of court in general), therefore, there is a lack of
research projects on the supervising function of the compliance with the law of
the prosecutor's agency with the activities of the courts in resolving
administrative cases.
In general, domestic and foreign scientific works have not studied the
function of supervising judicial activities of the People’s Procuracy in the
process of settling administrative cases under the perspective of judicial control
( the judgment of the Court) in terms of market economy development,
international integration and the construction of a current socialist rule of law
state in the court country.
1.4. Theoretical hypotheses need to continue the research of the
thesis
Firstly, the thesis needs to analyze and explain the request to expand
the jurisdiction of the court over administrative complaints and expand the
jurisdiction of the procuracy when supervising the activities of the court from
the time of accepting the administrative lawsuit till the judgment or decision
takes legal effect.

9


Secondly, the thesis needs to explain the theoretical basis and practice
of the court activities of supervising the settlement of administrative cases

which is the control activities of judicial rights.
Thirdly, the thesis needs to clarify the scientific and legal basis for the
operation of the function of supervising judicial activities in the field of
administrative procedure, which is the supreme supervision of from the
National Assembly.
Fourthly, building up the concept, identifying the subject, scope,
content, method of supervision of the People’s Procuracy when performing the
function of supervising judicial activities in the field of administrative
proceedings.
Fifthly, surveying and collecting information related to the
supervision of judicial activities in the field of administrative procedures in the
period from 2009 to 2018. Based on that, to evaluate the results achieved, the
shortcomings and difficulties, problems and draw the causes of those problems,
limitations, difficulties and problems.
Sixthly, the thesis proposes solutions to enhance awareness of the
position and role of the People’s Procuracy in supervising judicial rights in the
field of administrative proceedings; strengthening the implementation of the
function of supervising the settlement of administrative cases associated with
the request for legal reform and state administration reform; strengthening the
administrative management, about the coordination between the People’s
Procuracy and the People’s Court; on the training and retraining of cadres,
prosecutors and inspectors in the inspection industry ...
Conclusion of chapter 1

10


Chapter 2
THEORETICAL ISSUES ON SUPERVISING THE SETTLEMENT OF
ADMINISTRATIVE CASES

2.1. Concept, characteristics, meanings and principles of the
supervising activity of settlement of administrative cases
2.1.1.Supervising the handling of administrative cases - one of the
typical forms of supervising judicial activities
- Characteristics of judicial activities are conducting specific criminal,
civil, administrative, economic and labor cases. When it comes to supervise
judicial activities, it means that the mechanism of supervising power from high
to low of judicial institutions, including the control activities of the procuracy.
- Supervise judicial activities with organic links to the function of
performing prosecution rights. It is also a fact in many countries despite
different political institutions.
2.1.2. Concept of supervising the settlement of admisnistrative cases
From the identification of the concept of judicial power, the
supervison of judicial power and the supervison of judicial activities as
mentioned above, it is possible to define the concept: “Supervising the
settlement of administrative cases is an activity of the People’s Procuracy who
utilizes the legal powers prescribed by law to supervise the law compliance
during conducting a case of the People’s Court, by judges, jurors, session
secretaries courts and other participants in legal proceedings in order to
ensure the timely, objective and lawful settlement of administrative cases. "
2.1.3. Characteristics of activities of supervising the handling of
administrative cases
Firstly, supervising the settlement of administrative cases is a part of
supervising judicial power from the National Assembly and the National
Assembly only assigns the only agency in the state apparatus that is the
People’s Procuracy

11

Second, supervising the settlement of the administrative cases of the
People’s Procuracy is a part of supervising judicial power.
Thirdly, the subject of supervising the settlement of administrative
cases is the action of resolving administrative cases of the People’s Court
Fourth, the entity that manages the settlement of administrative cases
is limited in scope of supervise.
Fifthly, the content and form of control over the settlement of
administrative cases of the People’s Procuracy are specific.
Sixthly, to supervise the settlement of administrative cases of the
People’s Procuracy in order to achieve the result of contributing to the
guarantee of state administrative agencies and competent individuals in
administrative management. The state issues administrative decisions and
implements administrative actions in accordance with the law.
2.1.4. The meaning of the supervising activity of administrative
cases
Firstly, the activities of the People’s Procuracy when performing the
function of supervising or obeying the law in settling administrative cases in
order to contribute to the improvement of the ocialist state of Social Republic
of Vietnam
Secondly, performing the function of supervising the settlement of
administrative cases of the People’s Court contributes to the protection of the
Constitution and laws, the protection of human rights, civic rights and the
interests of the State; lawful rights and interests of agencies, organizations and
individuals, contributing to ensuring the law to be strictly and uniformly
observed.
Thirdly, performing the function of supervising the settlement of
administrative cases of the People’s Procuracy contributes to promoting
effective reform of the state administration contributes to strengthening the
organizational structure of the governing body. state administration.

12


2.1.5. Operation principles of supervising the settlement of
administrative cases
Firstly, ensure the leadership of the Party
Second, the socialist legislative principle
Third, the principle when supervising the settlement of an
administrative case, the People’s Procuracy must respect the right of decision
and the right to self-determination of the petitioner.
2.2. Factors affecting the supervising activity of the settlement of
administrative cases
First: Political factors and socio-economic situation
Second: The legal system in general and the legal system of administrative
procedures in particular.
Third: The independent element of adjudicating of the People’s
Courtand and supervising the adjudication of the People’s Procuracy in
administrative procedure.
Fourth: Organization and performance effectiveness of state management
subjects.
Fifth: Factor in expanding international cooperation in training and fostering
judicial officers.
Sixth: Organizational structure of the executive management and
management apparatus of the leaders of the People’s Procuracy in supervising
the handling of administrative cases
Seventh: The people's awareness of law.
Eighth: Preliminary and summary work to draws experience on theories and
practices of supervising the handling of administrative cases.
Ninth: factors of the qualifications, experience and bravery of procurators.
Conclusion of Chapter 2

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Chapter 3
CURRENT LEGAL REGULATIONS ON SUPERVISING THE
SETTLEMENT OF ADMINISTRATIVE CASES
3.1. Law rules about the content and methods of supervising the
settlement of administrative cases
3.1.1. Content of supervising the settlement of administrative cases
3.1.1.1. Supervise the acceptance of administrative cases of the
People's Court
3.1.1.2. Supervise the compilation of administrative case files of the
People's Court
3.1.1.3. Supervise first-instance trial of an administrative case of the
People's Court
3.1.1.4. Supervise appellate trial of administrative cases
3.1.1.5.Supervise cassation, reopening trial of administrative cases
3.1.2. Methods of supervising the settlement of administrative cases
3.1.2.1. Directly supervise the settlement of administrative cases
3.1.2.2. Indirectly supervise the settlement of administrative cases
3.2. Situation of accepting and settling administrative cases
3.2.1. Situation of accepting and supervise of the acceptance of
administrative complaints by the People's Court
The administrative lawsuit area mainly focused on the southern
provinces, especially in the Southeast region, where many industrial and export
processing zones were concentrated, where many workers from other provinces
live. work; provinces with few administrative complaints occur mostly in the
Northern mountains and the Southwest Provinces.
The nature of administrative complaints: In general, the administrative

complaints that are requested to be settled in the court are mainly made by
individual citizens; lawsuits filed by agencies and organizations in court
occupy a negligible proportion, every year about 5-10 cases. Especially, there
have been a number of lawsuits filed by many people, which have been settled

14


many times through the procedures of first-instance, appellate and cassation
trial, but the petitioners still disagree and entice many people. participate in
causing disturbance and disorder in the masses.
3.2.2. The situation of settling and supervising the settlement of
administrative cases of the People's Court from 2009 to 2018
Therefore, in the 10-year period, from 2009 to 2018 on a national
scale, the People’s Court received a total of 38,172 administrative lawsuits,
brought to trial 36,806 cases; suspending the settlement of administrative cases
according to Article 44 of the 1996 Ordinance; Article 120 the administrative
procedure law 2010, Article 143 the administrative procedure law 2015, a total
of 1366 administrative cases; the People’s Procuracy supervised and tried
36,806 cases; accounting for 100% of cases. [Table 2.4 - Appendix]
3.3. Assess the current situation of the People's Procuracy's supervising
activity of settlement of administrative cases between 2009 and 2018
3.3.1. These achievements
Firstly, the results achieved in supervising the settlement of
administrative cases
Secondly, the results achieved in supervising the making of
administrative case files
Thirdly, the results achieved in supervising activity of the firstinstance trial of administrative cases
Fourthly, the results achieved in supervising activity of appellate trials
of administrative cases

Fifth, the results achieved in supervising activity of cassation,
reopening of administrative cases
3.3.2. Shortcomings, limitations and difficulties in supervising the
handling of administrative cases and causes
3.3.2.1. Existencies and limitations
3.3.2.2. The difficulties and obstacles

15


3.4. The cause of the achieved results and the shortcomings and
limitations in supervising the settlement of administrative cases
3.4.1. The cause of the results achieved
Firstly, the management and direction activity of the Leader of the
Supreme People's Procuracy is always close and timely.
Secondly, in general, the officers and prosecutors of the People’s
Procuracy of all levels assigned to perform the task of supervising the handling
of administrative cases is increasingly concerned by the authorities to improve
their professional qualifications and professional ethics, professional
qualifications and awareness of profession.
Thirdly, the work of supervising the settlement of administrative cases
is concerned by the local People’s Procuracy based on the direction of the
Supreme People's Procuracy and the provisions of the law, thus it is strictly
correctly conducted from the stage of receiving the notice of acceptance of the
case and throughout the process of handling administrative cases.
Fourthly: Organizing the apparatus and work of cadres and
prosecutors to supervise administrative cases of the entire system of the
People’s Procuracy from the Supreme People's Supervision Institute to the
local People’s Procuracy is getting better day by day.
Fifth: In recent years, especially after the National Assembly

promulgated the Law on Administrative Proceedings in 2010 and the 2015
Law on Administrative Procedure, the People’s Procuracy at all levels focused
on strengthening the coordination between the People’s Procuracywith the
People’s Court rightaway from the time of accepting the petition and in the
course of resolving the case in order to promptly remove obstacles on the
provisions of law, ensure the application of legal agreement.
Sixth: Article 25 of the 2015 law on administrative and other laws
specifies fully functions and duties of the People’s Procuracy is to supervise
the law compliance to ensure that solve administrative cases timely and in
accordance with law; the People’s Procuracy

16


administers administrative cases from the time of acceptance to the
end of the case resolution; attend court sessions and meeting; to perform the
right to request, make recommendations, to protest in accordance with the law.
3.4.2. Cause of these shortcomings and limitations
Firstly, the 2015 Law on Administrative Procedure has not been
implemented for a long time, so there are a number of provisions of the Law on
the functions, tasks and duties of the People’s Procuracy in each specific
activity such as: handling cases, participating in the settlement of hearings and
meeting sessions of the People’s Procuracy at the trial; the relationship
between the People’s Procuracy and the People’s Court in each specific legal
proceeding as well as the process of settling administrative cases without any
guiding documents, thus affecting the activity of supervising the settlement of
administrative cases of the People’s Procuracy
Second: About the management, direction of the leaders of the
People’s Procuracy practically supervise administrative cases in recent years, a
number of leaders of the provincial and district People's Procuracy have

innadequate awareness of the position, role and responsibilities of the People’s
Procuracy when supervising the resolution of administrative cases, that it is the
responsibility of the court, the responsibility of the litigants is mainly.
Thirdly, a number of officials and prosecutors who supervise the handling of
administrative cases with limited qualifications and capacity, have not yet mastered
the provisions of the Law on Administrative Procedure and guiding documents.
execution, lack of sense of responsibility, hesitation to collide with court ...
Fourth: The coordination between agencies and organizations with the
People’s Procuracy and the People’s Court is not tight, there is no coordination
regulation, the law does not have a clear regulation on liability of relevant
agencies and organizations when failing to properly and promptly comply with
the requirements of the the People’s Procuracy.
Fifth: The awareness of law compliance of cadres and civil servants in
State administrative agencies is not high, leading to infringement of lawful

17


rights and interests of agencies, organizations and individuals. administrative
complaints at the court are more and more complex, especially cases where the
State administrative agencies take advantage of relationships affecting the
settlement of administrative cases of the People’s Procuracy and the People’s
Court which influence the law enforcement process.
Sixth: The facilities of the People’s Procuracy, especially a number of
the district People’s Procuracy are limited in working offices, working
equipment, and internal electronic information network which is unstable, slow
transmission speed; the system of books, reports, records, and books of
monitoring work also contains errors.
Conclusion of Chapter 3
Chapter 4

VIEWPOINTS AND SOLUTIONS TO STRENGTHEN THE ROLE OF THE
PEOPLE'S PROCURACY IN SUPERVISION OF THE SETTLEMENT OF
ADMINISTRATIVE CASES
4.1. Viewpoints to strengthen the role of the People’s Procuracy in
supervision of the settlement of administrative cases.
4.1.1. To grasp thoroughly the Party's views on judicial reform and
ensure the Party's leadership over the settlement and supervision of the
settlement of administrative cases
Firstly: Doing well the thorough and propaganda of the Party's
guidelines and policies, the provisions of the law on the position, functions,
tasks and duties of the People’s Procuracy in the state apparatus and in the field
of administrative judgment settlement, and at the same time, promoting
scientific research on the position, functions and tasks of the People’s
Procuracy in legal reform.
Secondly: the supervising activity must closely follow and serve the
Party's political duties.
Thirdly: Mastering and thoroughly grasping the Party's views on the
functions and tasks of the People’s Procuracy

18


Fourthly: In the supervision of judicial activities, especially in the
supervision of settlement of civil cases, administrative cases, execution control,
the People’s Procuracy at all levels should be well-informed the Party's point
of view and the provisions of the law on the functions, tasks and duties of the
People’s Procuracy in this field and the organization of drastic, strong and
comprehensive implementation.
Fifthly: Enhancing the proactive role and responsibilities of the
Director of the People’s Procuracy at all levels; Heads of units under the

Supreme People’s Procuracy in management, direction and administration.
Sixthly: Strongly renovating the organization and personnel work to
meet the new task requirements before the new requirements of the
performance of functions and tasks according to the requirements of legal
reform, the activity of officials of the court must be renewed more strongly and
comprehensively.
4.1.2. Ensuring supervision of state power, human rights and
citizens' rights
4.1.2.1. Ensuring the supervising activity of state power
4.1.2.2. Ensuring human rights and citizens' rights
4.1.3. Ensuring the law in administrative proceedings
Firstly: The requirements of administrative proceedings must be
conducted in accordance with the provisions of law, in order to protect the
interests of the State, organizations and other participants in legal proceedings.
Second: Ensuring the law in administrative procedures also aims to
create criteria to assess the correctness of right and wrong in the operation of
administrative proceedings. The results of administrative proceedings of the
procedure-conducting agencies and the procedure-conducting persons are
reflected in the strict observance of the provisions of the law on administrative
proceedings in the course of settling the case or not? the true value of legal
proceedings is achieved when ensuring the supreme legality of legal
proceedings, that is, the activity within the framework of the law.

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Thirdly: Ensuring the legality of administrative procedure needs to be
studied, focusing on the fact that the current administrative procedure shows
that the number of administrative cases is increasing but the quality of
settlement , adjudication of unsecured administrative cases; the number of

judgments and decisions on administrative cases being canceled or amended
has not dropped sharply...
4.1.4. Ensuring the uniformity in solutions to enhance the role of
the People’s Procuracy in supervising the settlement of administrative cases
In order to ensure the uniformity in the implementation of measures to
improve the quality of supervising the settlement of administrative cases, judicial
agencies in general, including the procuracy at all levels, should be thoroughly
implemented such as: Defining correctly the guidelines and views on the legal reform
identified in the Party's resolutions and documents to institutionalize them into the
Laws of Administrative Procedure in order to define the position, roles, functions,
duties and powers of the People’s Procuracy in supervising the settlement of
administrative cases in the direction of ensuring equality between citizens and
agencies. government before the court.
4.2. Measures to strengthen the role of the People’s Procuracy
in supervising the settlement of administrative cases
4.2.1. The general solution
4.2.1.1. The unified awareness of functions, duties and powers of
the People's Procuracy in administrative proceedings.
4.2.1.2. Continue to improve the law on supervising judicial
activities
4.2.1.3.

Promote

the

propagation

and

dissemination

of

legislation on Administrative Procedure
4.2.2. Group of solutions to organize the performance of
functions, tasks and powers of the People's Procuracy in administrative
proceedings

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4.2.2.1. Perfecting the organizational structure to perform the
task of supervising the settlement of administrative cases
4.2.2.2. Strengthening the direction and administration of
supervisory activities for the settlement of administrative cases of the
People's Procuracy
4.2.2.3. Strengthening the conduct of the rights of the People's
Procuracy in administrative proceedings
4.2.2.4. Strengthening the coordination between the Procuracy
and relevant agencies and units in supervising the settlement of
administrative cases
4.2.3. Group of solutions for inspection and supervision of
activities of supervising the settlement of administrative cases
4.2.3.1. Strengthening inspection and supervision activities of the
National Assembly for activities of supervising the settlement of
administrative cases
4.2.3.2. Strengthening inspection and supervision activities of the
People's Councils at all levels for activities of supervising the settlement
of administrative cases

4.2.3.3. Strengthening inspection and supervision activities of the
people with respect to activities of supervising the settlement of
administrative cases

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