Nghị quyết 01/2011/NQ-HDTP

RESOLUTION

GUIDING A NUMBER OF PROVISIONS OF THE NATIONAL ASSEMBLY'S RESOLUTION NO. 56/2010/QH12 OF NOVEMBER 24, 2010, ON THE IMPLEMENTATION OF THE LAW ON ADMINISTRATIVE PROCEDURES

THE JUDGES COUNCIL OF THE SUPREME PEOPLES COURT

Pursuant to the Law on People's Courts:

For proper and uniform implementation of the provisions of the National Assembly's Resolution No. 56/2010/QH12 of November 24, 2010, on the implementation of the Law on Administrative Procedures (below referred to as Resolution No. 50):

After reaching agreement with the Director of the Supreme People's Procuracy and the Minister of Justice,

RESOLVES:

Article 1. The time limit for filing protests according to cassation or reopening procedures against court judgments or rulings which take legal effect before the effective date of the Law on Administrative Procedures

1. The time limit for filing protests according to cassation or reopening procedures against court judgments or rulings which take legal effect before the date of promulgation of the

Law on Administrative Procedures (December 7, 2010) complies with Clauses 1 and 2. Article 69 of the Ordinance on Procedures for Handling of Administrative Cases, specifically as follow s:

a/ The lime limit for filing a protest according to cassation procedures against a court judgment or ruling is one year counting from the dale this judgment or ruling lakes legal effect;

b/ The time limit for filing a protest according to reopening procedures is one year counting from the date the person competent to protest knows the ground for filing a protest according to reopening procedures specified in Clause 2, Article 67 of the Ordinance on Procedures for Handling of Administrative Cases.

2. The time limit for filing a protest according to cassation or reopening procedures against a court judgment or ruling which takes legal effect during the period from the date of promulgation of the Law on Administrative Procedures (December 7.2010) to the effective date of the Law on Administrative Procedures (July 1, 2011) complies with Articles 215 and 236 of the Law on Administrative Procedures, specifically as follows:

a/ In case involved parties make no written request for a protest to be filed according to cassation procedures against a court judgment or ruling within one year after this judgment or ruling takes legal effect, the time limit for filing a protest according to cassation procedures is two years after this court judgment or ruling takes legal effect:

b/ In case involved parties make a written request for a protest to be filed according to cassation procedures against a court judgment or ruling within one year counting from the date this judgment or ruling takes legal effect, the time limit for filing a protest according to cassation procedures complies with Clause 2. Article 215 of the Law on Administrative Procedures (upon the expiration of the time limit of two years counting from the date a court judgment or ruling takes legal effect without being protested against, if a serious law-violation is delected in this legally effective court judgment or ruling, the person with the right to protest may file a protest according to cassation procedures against this judgment or ruling);

c/ The time limit for filing a protest according to reopening procedures is one year counting from the date the person with the right to protest knows the ground for filing a protest according to reopening procedures specified in Article 233 of the Law on Administrative Procedures.

3. In order to have a ground for counting the time limits for filing a protest specified at Points a and b. Clause 1. Article 2 of Resolution No. 56 and guided in Clause 2 of this Article, a court with cassation jurisdiction shall compile a book for recording accepted written requests for protests according to cassation procedures and notify the acceptance of written requests to involved parties. In the case guided at Point b. Clause 2 of this Article, a person filing a protest according to cassation procedures shall prove that he/she has received an involved party's written request for a cassation hearing within a specified time limit. When necessary, a court with cassation jurisdiction may request the involved party to prove that he/she has made a written request for protest according to cassation procedures within a specified time limit.

Article 2. Application of the administrative procedure law to filing protests according to cassation or reopening procedures against court judgments or rulings which took legal effect before the effective date of the Law on Administrative Procedures

1. As from the effective date of the Law on Administrative Procedures (July 1, 2011), protests according to cassation or reopening procedures against court judgments or rulings which took legal effect before such date shall be filed according to the procedures specified in the Law on Administrative Procedures.

2. For administrative cases already settled by courts according to the order and procedures specified by the administrative procedure law at the time of settlement and court judgments and rulings which took effect before the effective date of the Law on Administrative Procedures (July 1. 2011). the filing of protests according to cassation or reopening procedures will not be based on the Law on Administrative Procedures.

Article 3. Application of the administrative procedure law to adjudicating administrative cases

As from the effective date of the Law on Administrative Procedures (July 1, 2011). the first-instance adjudication of administrative cases accepted by courts before such date: the appellate adjudication of administrative cases adjudicated by courts according to first-instance procedures before such date which are appealed or protested against: and the cassation or reopening adjudication of legally effective court judgments and rulings which are appealed or protested against according to cassation or reopening procedures before such date shall be conducted according to relevant provisions of the Law on Administrative Procedures.

Article 4. Conditions for acceptance for settlement of lawsuit petitions about administrative decisions on or administrative acts in land administration specified in Article 3 of Resolution No. 56

1. A court shall accept for settlement a lawsuit petition about an administrative decision on or an administrative act in land administration (the contents of state administration of land specified in Clause 2. Article 6 of the 2003 Land Law) specified in Article 3 of Resolution No. 56 only when the following conditions are fully met:

a/ The lawsuit is initiated within one year counting from the effective dale of the Law on Administrative Procedures (July 1. 2011):

b/ The litigator filed a complaint with the chairperson of the People's Committee of the district, town or provincial city or the chairperson of the provincial-level People's Committee during the period from June I. 2006. to the effective date of the Law on Administrative Procedures (July 1. 2011) but such complaint has not yet been settled or he/ she disagreed with the complaint settlement but has not yet initiated an administrative lawsuit at a people's court or he/she initiated an administrative lawsuit at a people's court but the court has returned his/her lawsuit petition or terminated the settlement of the administrative case according to Clause 3, Article 41 of the Ordinance on Handling of Administrative Cases.

2. For cases the settlement of which has been terminated under court rulings as specified at Point b. Clause 1 of this Article but about which involved parties file lawsuit petitions, courts shall accept these petitions for settlement under Article 3 of Resolution No. 56.

3. Upon accepting for settlement lawsuit petitions specified in Article 3 of Resolution Xo.56 and guided in Clause 1 of this Article, courts shall, in addition to requesting involved parties to provide evidence under Article 72 of the Law on Administrative Procedures, request litigators to provide documents and evidence proving the filing of their complaints with chairpersons of People's Committees of districts, towns or provincial cities or chairpersons of provincial-level People's Committees during the period from June 1. 2006. to the effective date of the Law on Administrative Procedures. In case litigators cannot provide documents and evidence proving the filing of their complaints, courts shall request agencies competent to settle complaints to provide documents and evidence proving the tiling of complaints by these litigators and dossiers of complaint settlement (if any). In case agencies competent to settle complaints notify that litigators have not yet filed their complaints, courts will not accept their lawsuit petitions for settlement.

4. The settlement of lawsuit petitions under Article 3 of Resolution No. 56 and guided in Clause 1 of this Article complies with the Law on Administrative Procedures.

Article 5. Effect

This Resolution was adopted on June 30, 2011, by the Judges' Council of the Supreme People's Court and lakes effect 45 days after the date of its signing for promulgation.-