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

Research purpose and tasks - Research purpose: on the basis of interpreting theoretical issues on implementation of administrative complaint settlement decisions, assessing the law on

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

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

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:

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

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

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

implementation of the administrative complaint settlement decisions

Chapter 1 LITERATURE REVIEW AND THEORETICAL BACKGROUND

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

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

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

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, socio-economic 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 of executing the administrative complaint settlement decisions

- 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,

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

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