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The Supreme People's Court of Vietnam: Benchbook Online

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3.6. Determining characteristics in resolving an administrative case


Related legal documents
  • OPRAC (Article 3)

  • Main tasks and practical skills:

    • In an administrative case, there is always one party (the petitioned) who is an individual, agency or organization that has taken the administrative decision, administrative action or disciplinary decision removing a person from their work place against the petitioned party (this always relates to the enforcement of public duties.
    • When determining the petitioned, the Judge should follow legal provisions on jurisdiction to resolve the case. The Judge should determine whether the case falls under jurisdiction of a competent individual, State agency or organization. If a person has jurisdiction to resolve the case, not their full name but their position and title must be specified (for example: Chairman of the District People’s Committee, Head of Commune’s Public Security, etc)
    • During the resolution of the administrative case, the Court shall not conduct conciliation, but shall facilitate the parties to reach an agreement on the resolution of the case (Item 2 of Article 3 of the OPRAC).