ADMINISTATIVE PROCEDURE

ADMINISTRATIVE PRACTICE

Administrative procedure refers to compliance with and implementation of regulations on the procedures for resolving administrative cases concerning lawsuits against administrative decisions or administrative acts of state authorities and their officials and civil servants.

Let us join CELIGAL in reviewing several key legal provisions on administrative procedure in the article below.

How Is Administrative Procedure Regulated by Law?

Currently, there is no legal document that provides a specific definition of administrative procedure. However, based on a general understanding derived from related legal concepts, administrative procedure may be understood as the order and procedures for resolving administrative cases in accordance with the law, with the aim of settling lawsuits against administrative decisions or administrative acts of administrative authorities or competent persons within such authorities.

Administrative procedure shares certain common characteristics with civil and criminal procedure, while also having distinct features that should be noted:

• First, with respect to the subject matter of administrative lawsuits, the objects of litigation are administrative decisions and administrative acts.
• Second, regarding the legal position of the parties in administrative cases, the defendant may hold a higher position than the plaintiff. As the defendant in an administrative case is always a state administrative authority or a competent person within such authority, there exists an imbalance in position, which reflects the distinctive nature of this field.
• Third, the role of the adjudicating authority in administrative procedure differs from that in civil and commercial litigation. In resolving administrative cases, the primary task of the Court is to review the legality of the challenged administrative decision or administrative act.

The stages of administrative procedure include:

• Filing of a lawsuit and acceptance of the case;
• Trial preparation and first-instance trial;
• Appellate trial;
• Cassation and reopening procedures;
• Enforcement of court judgments and decisions on administrative cases.

Procedural Authorities and Procedural Officials in Administrative Proceedings

Procedural authorities and procedural officials in administrative proceedings differ from those in criminal proceedings. Specifically, Article 36 of the 2015 Law on Administrative Procedures provides as follows:

• Procedural authorities include: Courts and People’s Procuracies.
• Procedural officials include: Chief Judges, Judges, People’s Jurors, Court Examiners, Court Clerks; Chief Procurators, Procurators, and Inspectors.

The duties and powers of procedural authorities and procedural officials are specifically regulated in Chapter IV of this Law.

Participants in Administrative Proceedings

Pursuant to Article 53 of the 2015 Law on Administrative Procedures, participants in administrative proceedings include litigants, litigants’ representatives, persons protecting the lawful rights and interests of litigants, witnesses, expert witnesses, and interpreters.

Litigants, as prescribed by law, include plaintiffs, defendants, and persons with related rights and obligations.

Facts and Events Not Required to Be Proven

According to Article 79 of the 2015 Law on Administrative Procedures, where one litigant admits or does not object to facts, events, documents, or written evidence presented by the other litigant, the party presenting such facts, events, documents, or written evidence is not required to prove them.

In addition, Article 79 of the 2015 Law on Administrative Procedures specifies that facts and events not required to be proven include:

• Facts and events that are commonly known and acknowledged by the Court and the public;
• Facts and events determined in court judgments or decisions that have taken legal effect;
• Facts and events recorded in documents that have been lawfully notarized or certified.

CELIGAL’s Advisory and Representation Services in Administrative Proceedings

With a team of experienced lawyers and professionals possessing strong legal expertise, clients using CELIGAL’s advisory and representation services in administrative cases will receive consultation on, including but not limited to, the following matters:

• Advising on administrative complaint procedures;
• Advising on the rights and obligations of the parties;
• Advising on grounds for resolving administrative cases;
• Advising on procedures and dossiers for administrative complaints and administrative lawsuits;
• Representing clients in resolving administrative cases before competent state authorities;
• Participating in proceedings to protect clients’ lawful rights and interests in administrative cases;
• Other related services upon clients’ request.