Main tasks and practical skills:
- The judge must consider whether the petition contains the elements as provided in Item 5 and Item 6 of Article 30 of the OPRAC or not, in order to:
- Request the petitioner to amend or supplement the petition if the petition has not been made in a proper manner, or if the petition does not contain the elements as stipulated;
- Carry out subsequent tasks in accordance with general procedures if the petition has been made in a proper manner and contained all main elements as stipulated.
- Considering whether the petition is made within time limit as provided in Items 2, 3 and 4 of Article 30 of the OPRAC, in order to:
- Return the petition, if the time limit for initiating a legal action has expired without proper reason;
- Carry out subsequent tasks in accordance with general procedures if the petition is made within the stipulated time limit.
- Considering whether the petitioner has the right to initiate a legal action, and the Procuracy has the right to prosecute, in the case.
- Only an individual, agency or organization who asserts that their legal rights and interests have been violated by an administrative decision or action, or an officer or civil cadre who asserts that their legal rights and interests have been violated by a disciplinary decision removing them from their work place shall have the right to initiate an administrative case in a competent Court, requesting the Court to protect their legal rights and interests (Point 1 of Item 5 of Article 4 of the OPRAC);
- The Procuracy shall have the right to prosecute an administrative case against administrative decisions or actions which relate to legal rights and interests of a juvenile or a person having lost their capacity for civil acts if nobody initiates a legal action (Article 18 of the OPRAC).
- After ascertaining that the petitioner has the right to initiate a legal action and the Procuracy has the right to prosecute, the Judge shall continue subsequent tasks in accordance with general procedures. If the petitioner has no right to initiate a legal action or the Procuracy has no right to prosecute, the Judge shall return the petition and the document of prosecution.
- Considering whether the initiation of the case meets all necessary conditions as provided in corresponding items of Article 2 of the OPRAC, in order to:
- Return the petition if the case does not meet necessary conditions to be initiated;
- Carry out subsequent tasks in accordance with general procedures if the case meets all necessary conditition as stipulated.
- Considering whether the petition falls under jurisdiction of the Court, as provided in Article 11 of the OPRAC, in order to:
- Return the petition if it does not fall under jurisdiction of the Court;
- Carry out subsequent tasks in accordance with general procedures if the petition falls under the jurisdiction of the Court.
- Considering whether the petitioned matter has been resolved by any legally enforceable judgment or decision of the Court, in order to:
- Return the petition if the petitioned matter has been resolved by a legally enforceable judgment or decision of the Court;
- Carry out subsequent tasks in accordance with general procedures if the petitioned matter has not been resolved by the Court.
- Considering documents and evidence enclosed in the petition. In addition to considering the petition, the Judge should also consider its attached documents and evidence in order to make a proper decision (on returing the petition or continuing subsequent tasks in accordance with general procedures).
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