VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

NGUYEN THI PHUONG HA

ENFORCEMENT OF JUDGEMENT AND DECISIONS
OF THE COURT ON CURRENT ADMINISTRATIVE
CASES IN VIETNAM

Major: Constitutional Law and Administrative Law
Major Code: 9380102

SUMMARY OF DOCTORAL DESSERTATION IN LAW

Hanoi - 2019


The work has been completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific Supervisor: Assoc. Prof. PhD. Hoang Van Tu

Reviewer 1: Prof. PhD. Phan Trung Ly
Reviewer 2: Prof. PhD. Thai Vinh Thang
Reviewer 3: Assoc. Prof. PhD. Vu Trong Hach

The thesis is protected before the Doctoral Dissertation Council at the Graduate
Academy of Social Sciences
at ……….……………………………………….2019

The thesis can be found at:

National Library
Library of Social Sciences Academy


INTRODUCTION
1. The urgency of the thesis
The verdict and decision of the Court has always been considered as an
expression of justice in all countries in the world. Through the judgement of the
court, people receive the right, the fairness that they seek throughout the process of
resolving the case. In Vietnam, ensuring the enforcement of a legally enforceable
judgement or decision (also known as judgement enforcement) is a constitutional
principle and an important requirement in judicial reform policy. Enforcement of
judgements and decisions of the Court on administrative cases (called the
Administrative Judgement Enforcement) is currently one of the three basic
judgement enforcement areas. Objects of the Administrative Judgement
Enforcement are decisions related to State agencies, mainly state administrative
ones. Thus, the relationship between Administrative Judgement Enforcement
agencies and administrative judgement enforcers must be proactive and realistic in
the enforcement of judgements, which is not easy to deal with.
More than 5 years after the promulgation of the Administrative Procedure
Law in 2010, the Law on Administrative Procedures in 2015 was passed by the
National Assembly. The judgement enforcement mechanism was changed, which
enhanced the role of judicial authorities. However, according to the report of the
judgement enforcement agency, the rate of judgements and decisions of administrative
cases has been still low. It is necessary to mention the following reasons: firstly, the
legal corridor of judgement enforcement in general and administrative judgement
enforcement in particular is incomplete and inconsistent in many different legal
documents; secondly, the quality of administrative judgement cases in many localities is
not high; thirdly, legal awareness and law enforcement organizations of relevant
agencies in the enforcement of administrative judgement are still limited; fourthly, the

practice of applying specific mechanism in administrative judgement enforcement is
not thorough; fifthly, the state management on administrative judgement enforcement
still has many shortcomings; sixthly, the monitoring of administrative judgement
enforcement is one of the judicial functions of the People's Procuracy at all levels but
compared to civil judgement enforcement and criminal judgement enforcement, this
function has not been properly concerned.
In addition, the number of scientific works on administrative judgement
enforcement, which was studied in the period of the Law on Administrative
Procedures in 2015, is limited. In most of the top law schools today, the content of
administrative judgement enforcement is only integrated in the subject of
Administrative Procedure Law.
The study "Enforcement of judgement and decision of the Court on the current
administrative cases in Vietnam" has been chosen as the topic for the Doctoral
Thesis in Law regarding the above issues.
2. Objectives and tasks of the research
2.1. Objectives of the research

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The thesis aims to build a scientific foundation to ensure the effective
implementation of the Court's judgements and decisions in Vietnam today.
2.2. Tasks of the research
(1) Clarify theoretical issues about administrative judgement enforcement;
(2) Evaluate the current situation of law and practice of administrative judgement
enforcement in Vietnam; (3) Determine the point of view and propose solutions to
effectively ensure administrative judgement enforcement in Vietnam in the coming
time.
3. Object and scope of the research
3.1. Object of the research

- Theoretical issues and legal corridors of judgement enforcement in general
and administrative judgement enforcement in particular in Vietnam.
- Theoretical, legal and practical experience about administrative judgement
enforcement of some countries in the world.
- Data and reality of administrative judgement enforcement in Vietnam in
general, especially in localities with high number of administrative judgement
cases.
- The Party's guidelines on judicial reforms, judgement enforcement in
general and the work of administrative judgement enforcement in particular.
3.2. Scope of the research
Regarding the content, the thesis studies basic issues of the law of
administrative judgement enforcement. On that basis, it analyzes the legal situation
and practice of law enforcement in Vietnam over the past time and proposes
solutions to ensure the effectiveness of administrative judgement enforcement
which meets the demand for judicial reform, building the socialist rule-of-law state
in Vietnam today.
In terms of time, the dissertation has studied the provisions of administrative
judgement enforcement legislation since the Settlement Procedure Orders of
administrative cases (1996) took effect (July 1, 1996); the evaluation data relating to
administrative judgement enforcement, specifically handling and resolving
administrative cases at the Court from 2010 to the end of 2018; proceeding and
monitoring administrative judgement enforcement is statistics which were recorded
nationwide from 2012 to the end of 2018, after applying the Law on Administrative
Procedures in 2010 (from July 1, 2011) and after the Law on Administrative Procedures
in 2015 took effect (July 1, 2016).
Particularly, the data of forced administrative judgement enforcement of the
Court and the control of administrative judgement enforcement were only collected
in 2 years of 2017 and 2018.
4. Methodology and research methods
4.1. Methodology of the research

The thesis is based on the theoretical basis of Marxism-Leninism, Ho Chi
Minh's thought, the viewpoint of the Communist Party of Vietnam on judicial

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reform, building a socialist law-governed state (Socialist). Since then, the thesis is
conducted according to the following approaches:
- System approach
- Multidisciplinary, interdisciplinary approach.
- History approach
4.2. Methods of the research
The thesis applies the following research methods:
- Methods of analysis and synthesis.
- Legal comparison method.
5. The new contributions of the thesis
Firstly, it is a comprehensive analysis of theoretical issues such as the
concept, and characteristics of administrative judgement enforcement. It can be
affirmed that the administrative judgement enforcement is a form of administrative
- judicial activity with more prominent administrative characteristics than judicial
ones and plays a very important role in the organization and operation of the state
apparatus, emphasizes the role of administrative judgement enforcement in
controlling state power, especially between legislatures and law enforcement
agencies; clarifies the mechanism of administrative judgement enforcement and the
factors affecting the effectiveness of administrative judgement enforcement in
terms of theory.
Secondly, the thesis presents the provisions of current law of administrative
judgement enforcement stipulated in the Law on administrative violations in 2015 in
terms of subjects, objects, procedures and measures to ensure administrative judgement
enforcement. It also points out the advantages and disadvantages of the current law of

administrative judgement enforcement in the comparison with the provisions of the Law
on Administrative Procedures in 2010 and the law of administrative judgement
enforcement of some countries in the world.
Thirdly, the thesis assesses the practice of administrative judgement
enforcement activities in our country over the past time, especially during the
period when the Law on Administrative Procedures in 2015 took effect. This
assessment is carried out with the following contents: results of resolving
administrative cases at People's Courts at all levels compared with results of the
administrative judgement enforcement; By evaluating the implementation of the
above contents, the dissertation identifies the shortcomings and difficulties of the
current administrative judgement enforcement in Vietnam and also analyzes the
objective causes, subjective causes that affect the effectiveness of administrative
judgement enforcement.
Fourthly, the thesis sets out the points of views to ensure effectiveness of
administrative judgement enforcement, of which there is a view on ensuring the
control of power in the organization and operation of the state apparatus. The thesis
proposes the following groups of solutions: a group of solutions to raise awareness
about administrative judgement enforcement, a group of solutions to improve the
law administrative judgement enforcement which emphasizes the building law of

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administrative judgement enforcement, the state management solutions on
administrative judgement enforcement and some complementary solutions to the
administrative judgement enforcement.
6. Meaning of the thesis
The research results of the dissertation add theoretical issues about administrative
judgement enforcement, contributing to unifying the awareness of concepts,
characteristics and roles of the administrative judgement enforcement. At the same time, it

provides assessments of advantages and disadvantages of administrative judgement
enforcement law since being established in the Vietnamese legal system up to the present
time; provides and supplements scientific arguments into perfecting the law of
administrative judgement enforcement and ensuring the effectiveness of judgement
enforcement meeting the requirements of judicial reform, building a socialist lawgoverned state.
The research results of the thesis contribute to raising the awareness of the
subjects in the administrative judgement enforcement, mainly the state
administrative agencies, authorities, officials and civil servants implementing
public duties in the agency; People's Courts at all levels and administrative judges;
Executive members working on administrative judgement enforcement: The
People's Procuracy at all levels and the team of procurators who perform the
function of supervising administrative judgement enforcement and related agencies
and organizations. The thesis can be used as a reference for administrative
judgement enforcement agencies and its management agencies; State administrative
agencies at central and local levels; training institutions in research, study and
teaching about administrative judgement enforcement.
7. Structure of the thesis
In addition to the introduction, conclusion, list of references, the thesis
includes:
Chapter 1. Overview of the research
Chapter 2. Theoretical issues about the enforcement of court
judgements and decisions on administrative cases
Chapter 3. Current situation of executing court judgements and
decisions on current administrative cases in Vietnam
Chapter 4. Point of views and solutions to ensure the effective
implementation of court judgements and decisions on administrative cases in
Vietnam
CHAPTER 1
OVERVIEW OF THE RESEARCH
1.1. Overview of the research on the thesis topic

1.1.1. The study of theoretical issues
Firstly, it is listed below the group of research projects on judgement
enforcement in general, and administrative judgement enforcement in particular
which emphasizes the nature of judgement enforcement activities.

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Assoc. Dr. Tran Dinh Hao (2003), ‘On judicial reform and judgement
enforcement issues from the perspective of the Civil Economic Law, State and Law
Journal, p.19-28; Nguyen Cong Binh, (1998), Some issues about administrative
judgement enforcement in drafting the Civil Procedure Code, Journal of Law No.
5, p.43-44; Le Vinh Chau (2016), Executing judgements and decisions of the Court
on current dispute resolution in business and commerce in Vietnam, Doctoral
Dissertation, Academy of Social Sciences; GS. Dr. Vo Khanh Vinh (2013), Law on
Criminal Enforcement, Social Sciences Publishing House, Hanoi; Le Minh Tam
(2001), Trying to discuss theoretical issues about judgement enforcement, Journal
of Law No. 2, p. 21-22; Nguyen Thanh Thuy, (2008), Perfecting the Law on Civil
Judgement Enforcement in Vietnam today, Doctoral Dissertation, Ho Chi Minh
National Academy of Politics and Public Administration; Chu Thi Hoa (2016), Law
on Civil Judgement Enforcement in Judicial Reform in Vietnam, Doctoral
Dissertation, Academy of Social Sciences.
Secondly, there are groups of research works on theoretical issues about
administrative judgement enforcement, especially about the nature of
administrative judgement enforcement activities.
Truong Hong Quang (2015), Concepts, nature, characteristics and
conditions affecting administrative judgement enforcement, Scientific Workshop
Documents, Experiences of some countries in the world and applicability in
Vietnam, Ministry of Justice, p.23-40 and Pham Xuan Nam (2012), Administrative
judgement enforcement in Vietnam - Current situation and perfect direction ",

Master thesis, Ho Chi Minh City University of Law; Nguyen Thi Thuong Huyen
(2012), Human rights guarantee in administrative judgement enforcement in
Vietnam, University-level scientific research project, Ho Chi Minh City University
of Law; Nguyen Thi Hoang Giang (2017), Policies and major orientations in
building the Law on Administrative Judgement Enforcement in Vietnam, General
Department of Justice (Ministry of Justice).
1.1.2. The study of practical issues
Firstly, the thesis studies a group of research works on the legal status and
practice of applying administrative judgement enforcement law in Vietnam in the
period when the ordinance of administrative cases in 1996 and Law on
administrative procedures in 2010 took effect.
Nguyen Van Tan, Administrative judgement enforcement and limitations,
People's Deputies Newspaper, September 15, 2009; Vu Thi Hang (2012), Status of
implementation of administrative judgements, law development process and some
basic contents of the Administrative Procedure Law on administrative judgement
enforcement, Professional training materials of the administrative judgement
enforcement , implementation of civil part in criminal judgement and work
construction and project management of the Ministry of Justice; Ha Minh Tuan,
Some opinions on administrative judgement enforcement, January 20, 2015,
Research and Exchange Section - Ministry of Justice; Tran Minh Giang,
Administrative judgement enforcement: Many shortcomings need to be remedied,

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Justice Report, May 10, 2015; Vu Thi Hang - Ly Thi Thuy Hoa (2015),
Administrative judgement enforcement in Vietnam, status and recommendations for
improvement, Scientific Workshop Documents Experiences from some countries in
the world and applicability in Vietnam, Ministry of Justice, p. 5-14; Tran Van Duy,
Inadequacies in the current law on administrative judgement enforcement, Journal

of Inspection No. 3/2016, p. 14-17; Hoang Diep, Win lawsuits - struggling to
enforce judgement, Tuoi Tre Newspaper, October 12, 2014; Ho Quan Chinh,
Executing administrative judgements and decisions in Ho Chi Minh City Difficulties and obstacles and some proposals ", Democracy and Law Magazine,
Thematic issues on administrative judgement enforcement ; Thu Hang, Financial
Assistance for judgement enforcement: The anxiety and the ignorance, Vietnam
Law Newspaper, May 19, 2008.
Secondly, it can be listed below the group of research works on the status of
law and practice of applying administrative judgement enforcement law in Vietnam
after the Law on Administrative Procedures in 2015 and Decree 71/2016 / ND-CP
took effect.
Phan Tran Mai Phuong, (2016), Principles of equality of rights and
obligations in administrative proceedings, Master's thesis, Ho Chi Minh City
University of Law; Bui Ngoc Hoa, New contents of Administrative Procedure Law,
Administrative Law Training Document; Vo Cong Hoang, New regulation in
enforcement of judgements, administrative decisions, Democracy and Legal
Review No. 4/2016, p.62-64; Nguyen Van Thuan, Jurisdiction of the Court under
the Law on Administrative Procedures in 2015, Democracy and Law Magazine;
Truong Khanh Hoan, Mechanisms to enforce court judgements and decisions on
administrative cases in Vietnam and responsibilities of ministries, branches and
localities in administrative judgement enforcement, General Department of Civil
Judgement Enforcement (Judicial); Hoang Thi Thuy Vinh, Phan Thi Thu Ha
(2017), Current situation and solutions to resolve administrative cases at the
Court, General Department of Justice (Ministry of Justice); Than Quoc Hung
(2018), The quality of adjudication of administrative cases of provincial People's
Courts in Vietnam today, Doctoral Dissertation, National Political Academy; Tran
Phuong Hong (2017), Monitoring administrative judgement enforcement and the
role of Civil Judgement Enforcement Agencies in monitoring administrative
judgement enforcement, General Department of Justice (Ministry of Justice);
Nguyen Thi Kim Quy (2017), Law on administrative judgement enforcement and
the status of implementing court judgements and decisions on administrative cases

in Vietnam, General Department of Justice (Ministry of Justice); Department of
administrative judgement enforcement Ho Chi Minh City (2017), Difficulties and
obstacles on the law of administrative judgement enforcement from the perspective
of monitoring administrative judgement enforcement, General Department of
Justice (Ministry of Justice)
Thirdly, it is the group of research works on the status of law and practice of
applying administrative judgement enforcement law in some countries in the world.

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Prof. Martine Lombard and Prof. Gilles Dumont, French Administrative Law
works; Tran Kim Lieu (2017), Administrative judgement enforcement in some
countries in the world and lessons for Vietnam, General Department of Education
(Hanoi Law University); Ha Tu Cau (2015), Model of administrative enforcement
of France and its applicability in Vietnam, Scientific Workshop Documents
Experiences of some countries in the world and applicability in Vietnam; The
model of administrative judgement enforcement of England and Wales and the
ability to apply the experience of England and Wales in Vietnam by Cao Xuan
Phong; Le Lan Chi and Do Thi Thu Hang, Researches on China's Administrative
Enforcement Model, Scientific Workshop, experiences of administrative judgement
enforcement of some countries in the world and applicability in Vietnam.
1.1.3. Research on proposals and recommendations of the thesis topic
Firstly, the groups of researches on proposals and recommendations are
based on the current law and practice of law application in Vietnam.
Most of the research works which analyze the reality of the law and practice
of the law of administrative judgement enforcement have certain proposals, but
mainly the proposal to improve and complete the law of administrative judgement
enforcement. Therefore, other issues related to ensuring the effectiveness of
administrative judgement enforcement in addition to completing the law are not

clear and effective, especially ones in the period of the Law on Administrative
Procedures in 2015 and Decree 71/2016 / ND-CP which took effect. Most
proposals and recommendations to ensure effective administrative judgement
enforcement are immediate, yet the long-term development and stability have been
somewhat limited.
Secondly, the group of research works on proposals and recommendations is
based on the current law and practical application of administrative law in some
countries in the world.
Cao Xuan Phong pointed out that we should consider the State
Compensation Law. Author Ha Tu Cau proposed the establishment of an
intermediary agency for settling administrative cases to reduce the load for
administrative courts and limit the work of administrative judgement enforcement.
Author Le Lan Chi, Do Thi Thu Hang said that the model of administrative
judgement enforcement in China has similarities that will create common points
about judgement enforcement activities, especially administrative judgement
enforcement.
1.2. Evaluation of the research
1.2.1. The advantages and the research results that the thesis will inherit
and continue to develop
- First, in terms of teory, most of the researches mentioned and analyzed the
theoretical basis of judgement enforcement in general and in the special case in
particular, in which the contents of concepts, characteristics and meanings of the
administrative judgement enforcement are quite specific.
- Secondly, in terms of reality, the researches have evaluated and

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summarized both the law of the actual law and the implementation of this activity
in practice.

- Thirdly, in terms of solutions, the majority of research works are aimed at
improving the law of administrative judgement enforcement, especially some
recent projects that have proposed amendments and supplements to the Law on
Administrative Procedures in 2015 and Decree 71/2016 / ND-CP including
contents relating to the adjudication of the administrative judgement cases.
1.2.2. The issues that have not been mentioned, thoroughly addressed or
arguments that the thesis must continue to study
- First, theoretically, the concept and definition of administrative judgement
enforcement has been mentioned in many research projects but there is no high
agreement; secondly, the nature of judgement enforcement in general and the
administrative judgement enforcement in particular has faced many conflicting
views, even becoming contradictory and conflicting.
Issues that have not been addressed: firstly, the works are generally stated
only as a court judgement or decision on the administrative judgement
enforcement; secondly, controlling state power is an important content to ensure the
operational efficiency of the state apparatus and administrative judgement
enforcement has not been mentioned by studies; Thirdly, the order and procedures
for complaints and denunciations in the administrative judgement enforcement are
an important content but have not been discussed; Fourthly, the factors affecting
the effectiveness of administrative judgement enforcement have not been worked
out.
- Secondly, in terms of reality, the legal status and practical implementation
of the Law on Administrative Procedures in 2015 have not been assessed
thoroughly yet. The reality of factors affecting the effectiveness of administrative
judgement enforcement has not been mentioned.
- Thirdly, in terms of solutions, there is only focus on assessing the legal
situation or assessing the practical implementation of one or several subjects in the
case.
1.3. The issues that need further researches in the thesis
1.3.1. Issues need that need further researches

Firstly, clarifying the viewpoint of the nature of administrative judgement
enforcement activities on the basis of convincing scientific evidence.
Secondly, focusing on research, analyzing in theory as well as factors
affecting the effectiveness of administrative judgement enforcement
Thirdly, it is necessary to clarify the administrative judgement and decision
of the Court.
Fourthly, analyzing the order and procedures of administrative judgement
enforcement which is associated with the responsibilities of relevant agencies.
Fifthly, synthesizing and evaluating the advantages and disadvantages of
administrative judgement enforcement law in the period 2016 up to now, in
comparison with the law of administrative judgement enforcement in the period of

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1996 - 2016.
Sixthly, determining the point of view, proposing solutions based the criteria
of ensuring feasibility and long-term work for administrative judgement
enforcement in Vietnam.
1.3.2. Research questions and hypotheses
Question 1: What is the nature of administrative judgement enforcement
activities? Question 2: What are the objects and subjects of the administrative
judgement enforcement and its procedures? Are there any factors that affect
operational efficiency? Question 3: What are the points of views to ensure the
effectiveness of administrative judgement enforcement in the coming time in
Vietnam? Question 4: In the current context, what solutions are suggested to
ensure effective administrative judgement enforcement in Vietnam?
Summary of chapter 1
Through the contents presented in Chapter 1, the thesis determines the
necessity of selecting research topics, an overview of the research related to the

topic and the issues that need further research.
Overview of the project is based on a large number of researches works in
the author's ability. The thesis draws the advantages and research results that needs
to inherit and continue to develop. At the same time, it is also emphasized that the
issues that have not been thoroughly resolved need to continue further research.
Chapter 2
THEORETICAL ISSUES ON THE JUDGEMENT ENFORCEMENT AND
DECISION OF THE COURSE ON THE ADMINISTRATIVE CASE
2.1. Concepts, characteristics and roles of executing judgements and
decisions of the Courts on administrative cases
2.1.1. Definition of enforcement of court judgements and decisions on
administrative cases
In the current legal science, there are many different views on the nature of
administrative judgement enforcement activities. It is suggested that administrative
judgement enforcement is a stage of the proceedings. On the contrary, there are also
opinions that administrative judgement enforcement are administrative-judicial
activities. The determination of administrative judgement enforcement is an
independent procedural stage or that administrative-judicial activities have important
implications for clarifying the nature of administrative judgement enforcement
According to the author, administrative judgement enforcement is not an
independent procedural stage following the trial period. In contrary, administrative
judgement enforcement is both an administrative activity and a judicial element.
Therefore, administrative judgement enforcement, particularly, the enforcement of the
Court's judgement or decision on administrative judgement enforcement can be
understood as follows:

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Enforcing court judgements and decisions on administrative cases is the

behavior of the involved parties in the administrative cases and related parties to realize
the Court's judgements and decisions regarding the administrative cases according to
the procedures prescribed by law. . This is not an independent administrative period but
an overall administrative-judicial activity.
2.1.2. Characteristics of enforcement of court judgements and decisions on
administrative cases
2.1.2.1. Administrative judgement enforcement is a field of judgement
enforcement which is both voluntary and coercive
2.1.2.2. There is no specialized agency to implement the Court's decisions on
the legality of the administrative decisions, administrative acts that are sued.
2.1.2.3. The contents of the administrative judgement enforcement objects
are different from the civil judgement enforcement and criminal judgement
enforcement
2.1.2.4. Administrative judgement enforcement is a complicated and
sensitive sector due to the characteristics of the sued person in the administrative
cases
2.1.3. The role of executing court’s judgements and decisions on
administrative cases
2.1.3.1. Administrative judgement enforcement contributes to ensuring the
value of trial activities of administrative case at the Court
2.1.3.2. Administrative judgement enforcement contributes to the process of
protecting and developing human rights
2.1.3.3. Administrative judgement enforcement enhances the legal awareness
of all agencies, organizations and individuals
2.1.3.4. Administrative judgement enforcement contributes to improving the
performance of state management and state administrative management
2.1.3.5. Administrative judgement enforcement contributes to ensuring the
control of state power between judicial authorities and law enforcement agencies
2.2. Subjects, objects and procedures for enforcement of court’s
judgements and decisions on administrative cases

2.2.1. Subjects of enforcement of court’s judgements and decisions on
administrative cases
2.2.1.1. Direct subjects who execute administrative judgement
Although the structure of power, the legal system and socio-economic
conditions vary among countries, the involved parties or the subjects directly
enforcing the judgement always include:
- The person who executes the judgement
- The person who was enforced with the judgement
2.2.1.2. Subjects required to enforce administrative judgement
- People's Court
- System of Civil Judgement Enforcement Agencies
2.2.1.3. The subject of implementing administrative judgement enforcement

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- The Government
- The Ministry of Justice
2.2.1.4. The subject of supervising administrative judgement enforcement
- The People
- Vietnam National’s Assembly
- The People's Council
2.2.1.5. The subject of examining administrative judgement enforcement
2.2.2. Subjects of enforcement of court judgements and decisions on
administrative cases
2.2.2.1. Court judgements on administrative cases
The administrative judgement contains information about a specific
administrative case, the applicable law, conclusions and decisions of the Court on
the grounds of the legality of the administrative decisions, such as forced
resignation, decisions to resolve disputes and lists of voters being sued.

Administrative judgements include first-instance administrative judgements and
appellate administrative judgements.
2.2.2.2. Court’s decision on administrative cases
A decision of a court is a court document in the proceedings in which the
administrative procedure is used to publish an event or solve a specific problem or
requirement; issued by the authorized entities and regulated by the administrative
law in each stage of handling a specific administrative case.
2.2.3. Procedures for enforcement of court judgements and decisions on
administrative cases
(1) Transfer and explain court’s judgements and decisions
(2) Voluntarily enforce the sentence
(3) Forced enforcement of the sentence
2.3. Factors affecting the enforcement of court’s judgements and
decisions on administrative cases
2.3.1. Policies, views, political awareness of administrative judgement
enforcement
Administrative judgement enforcement has always been one of the important
activities of the state apparatus even though it builds a multi-party or one-party
political system. Through the leadership of the state and society, we can see the
clear impact of the political party on the policy and point of view on the activities
of the administrative judgement enforcement
2.3.2. Completion of law on administrative judgement enforcement
In the rule of building law-based state, the stability of the legal system is an
important factor. Therefore, the perfection of the law in general and the law of
administrative judgement enforcement in particular should be done carefully and
appropriately because the completion of the law will significantly affect the
national budget and the stability of the legal regulations which govern the related
social relations.

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2.3.3. Quality of adjudication of administrative cases of People's Courts at
all levels
Independent justice is essensial for justice. A society cannot be disordered
and therefore cannot develop without a court; Only with an independent judiciary,
the court can truly become a place to implement social justice. The quality of trial
is a clear mirror reflecting the independence of justice, especially for the
administrative cases.
2.3.4. Awareness of administrative judgement enforcement
The law is always the important foundation of a law-based state. People are
all equal before the law, the law has no exception, otherwise it is not a law.
However, the law in a State is not merely a practical adjustment to human behavior
according to the principle of crimes - punishment. This is not a developed law. The
development of the law is the orientation of its behavior to the executing entity in
protecting the right interests of other members of society. Once the law is
respected, compliance will be done voluntarily.
Chapter 2 Summary
Administrative judgement enforcement is the behavior of the involved
parties in the administrative cases to realize the judgements and decisions of the
Administrative Court. This is not an independent administrative period but an
overall administrative-judicial activity. Administrative judgement enforcement has
a certain role in ensuring the value of previous trial activities; contributes to
protecting and developing human rights; improving the sense of law, but most
importantly, improving the efficiency of state administrative management and
ensuring the control of power between the judiciary and law enforcement.
Currently, most countries in the world do not have a specialized agency to organize
the enforcement of the administrative part in the judgement and decision on the
administrative judgement enforcement. In addition to the characteristics of
administrative judgement enforcement, the policies and point of views about

administrative judgement enforcement; issues of law completion; the quality of trial
of administrative cases or awareness of administrative judgement enforcement are
really the factors that have an important impact on the effectiveness of this work.
Chapter 3
ISSUES OF ADMINISTRATIVE JUDGEMENT ENFORCEMENT AND
DECISION OF THE COURT ON ADMINISTRATIVE CASES IN
VIETNAM
3.1. The law on court judgement enforcement and decisions on current
administrative cases in Vietnam
3.1.1. Law on enforcement of court judgements and decisions on
administrative cases
3.1.1.1. Subjects of administrative judgement enforcement
a. Subjects directly execute administrative sentences

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-The judgement-executing person: is an individual, agency or organization
that get benefits in the judgement or decision of the Court
- The judgement debtors: are individuals, agencies and organizations that
have to fulfill their obligations in the judgements and decisions of courts.
b. Subjects which are subject to administrative judgement enforcement
- The Court has adjudicated the first instance of the administrative cases
- The systems of administrative judgement enforcement agencies
c. The subject of managing administrative judgement enforcement
- The Government
- The Ministry of Justice
- General Department of Administrative Judgement Enforcement
- The Head of the immediate higher agency of the judgement debtors
- The systems of administrative judgement enforcement agencies

d. The subject of supervising administrative judgement enforcement
- The People
- The National Assembly
- The People's Council
e. The subject of administrative judgement enforcement
From the Constitution of 1980, up to now (Item 1 of Article 107 of the 2013
Constitution), the People's Procuracy has two basic functions: to exercise the right
to prosecution and to supervise judicial activities.
3.1.1.2. Objects of administrative judgement enforcement
a. Court’s judgements on administrative cases
- Judgement or the part of first instance judgement
- The Appeal judgement
b. Court’s decision on administrative cases
- The decision or part of the decision of the Court of First Instance is not
subject to appeal or protest according to the appellate procedure which has taken
legal effect.
- Decision of the Court of Appeals
- Judicial or reopening decision of the Court
- Decision according to special procedures of the Council of Judges of the
Supreme People's Court
- Decicision to apply temporary emergency measures of the Court despite
the complaints and petitions
3.1.1.3. Procedures of administrative judgement enforcement
(1) Transfer and explain judgements and administrative decisions of the
Court
(2) Voluntarily enforce the sentence
(3) Forced enforcement of sentence
3.1.1.4. Measures to ensure administrative judgement enforcement
a. Measures for handling violations


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(1) disciplinary action; (2) sanction against administrative violations; (3)
material responsibility; (4) criminal prosecution.
b. Other measures
(1) Publicize information on not serving judgement; (2) Consider evaluating
and classifying officials, civil servants and those who violate the law on
administrative judgement enforcement
3.1.2. Evaluation of the law on court judgement enforcement and decisions
on administrative cases
3.1.2.1. Strengths
Firstly, the regulations on the time limit for voluntary enforcement and the
time limit for notifying the implementation results of the persons who must be
involved.
Secondly, replace the judgement enforcement mechanism by the authority to
issue judgement enforcement decisions belongs to the Court of First Instance and
the authority to monitor the judgement enforcement of the administrative
judgement enforcement agency at the same level.
Thirdly, clarify more specific provisions on the responsibilities of the head
of the immediate superior agency.
Fourthly, prescribe the jurisdiction to adjudicate administrative complaints
related to the Chairman of the People's Committee and the People's Committee.
Fifthly, clarify specific provisions on disciplinary measures for civil servants
and employees who commit violations in the administrative judgement
enforcement agency.
3.1.2.2. Shortcomings
Firstly, the issue of voluntary enforcement of judgements makes it difficult
to apply in practice.
Secondly, there is still the psychology of fear in administrative judgement

enforcement agency when monitoring administrative judgement enforcement.
Thirdly, the regulation promulgates the decision to enforce the judgement
and administrative decision of the Court has caused confusion in many cases which
delayed the judgement enforcement process.
Fourthly, there are not measures to enforce judgement against the judgement
debtors who are state agencies or competent persons when executing the
administrative decisions of the judgements and decisions of the courts.
3.2. Results of executing court’s judgements and decisions on current
administrative cases in Vietnam
3.2.1. Results of handling administrative cases and administrative
judgement enforcement
The number of administrative cases that have been accepted and processed
and tried at the People's Courts at all levels tends to increase, of which the number
of administrative cases in 2012, 2013, 2017 and 2018 has increased dramatically.
This shows that individuals, agencies and organizations have more confidence to
choose a form of lawsuit at the Court to request the settlement of administrative

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disputes. However, the number of citizen cases claiming administrative decisions
and administrative violations at the Court still accounts for a very small proportion
of administrative complaints. The lawsuit mechanism at the Court has been trusted
by people, especially when the Law on Administrative Procedure in 2015 took
effect but in fact, the complaint is still the main form.
Administrative decisions, administrative acts are claimed mainly in the fields
of land and housing (such as land acquisition, site clearance, compensation and
resettlement assistance), the rest are concentrated on the field of tax, sanctioning
against administrative, cultural violations... The quality of judging of People's
Courts at all levels is assessed through the number of cases with appeals and

protests; or those was re-trialed and canceled.
3.2.1.2. Administrative judgement enforcement results
The effect of administrative judgement enforcement in 2017 was positive
because 81% of the cases were completed compared to 50% of the cases according
to the mechanism of administrative judgement enforcement at the same time in
2016. However, the pending judgement still remains a big problem. The 70
decisions to enforce judgement that the Court of First Instance issued to the
judgement debtors, mainly the Chairman of the People's Committee and the
People's Committee of all levels put an alarm and warning of not respecting
disciplines and regulations of the State and the law in administrative judgement
enforcement.
In 2018, the Judiciary Committee of the National Assembly supervised the
law observance on administrative violations procedures and administrative
judgement enforcement of the Chairman of the People's Committee. This shows
that the total number of judgements and decisions enforced by the Court for
violations of the time limit of the voluntary administrative judgement enforcement
has been reduced. However, the number of uncompleted cases is rather high, 224
compared to 363 cases conducted by administrative judgement enforcement
agency.
3.2.2. Results of implementing state management tasks on administrative
judgement enforcement
3.2.2.1. The task of advising, issuing and directing the implementation of
administrative judgement enforcement documents
3.2.2.2. Organizing the apparatus, ensuring the payroll of administrative
judgement enforcement
3.2.2.3. The training and education of administrative law enforcement
3.2.2.4. The work of guiding and fostering profession on administrative
judgement enforcement
3.2.2.5. The inspection, inspection and settlement of complaints and
denunciations about administrative judgement enforcement

3.2.2.6. Statistics, reporting and summarizing on administrative judgement
enforcement
3.2.3. Results of supervising administrative judgement enforcement

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Monitoring activities of the administrative judgement enforcement can be
seen in two basic forms: direct supervision and indirect supervision. However, the
evaluation of the monitoring results is sometimes not accurate, especially for the
subjects who are the People.
3.2.3.1. Questioning activities of National Assembly Deputies
3.2.3.2. Activities of the Judicial Committee
3.2.4. Results of the examination of administrative judgement enforcement
of the People's Procuracy
3.2.4.1. Organization of the administrative judgement enforcement apparatus
3.2.4.2. The implementation and guidance, professional guidance on the
supervision of administrative judgement enforcement
3.2.4.3. Results of supervising administrative judgement enforcement
3.3.5. Results of handling violations in administrative judgement
enforcement
In 4 years 2015, 2016, 2017 and 2018, there were no cases of officials and
public employees being disciplined and examined for penal liability due to
violations of the administrative judgement enforcement obligations. This statistic
means that the effectiveness of administrative judgement enforcement is high, the
observance of administrative judgement enforcement law of cadres and civil
servants is thorough. However, in 2017, the People's Courts at all levels had to
issue 70 decisions to enforce judgement against the judgement debtors being the
state administrative agencies, mainly the People's Committees at all levels due to
violation of the time limit on voluntary administrative judgement enforcement.

3.3. Factors affecting the enforcement of judgements and decisions of
the Court on current administrative cases in Vietnam
3.3.1. Policies, points of views, political awareness of administrative
judgement enforcement
3.3.2. Completion of building law on administrative judgement enforcement
3.3.3. Quality of adjudication of administrative cases of People's Courts at
all levels
3.3.4. Awareness of administrative judgement enforcement
3.4. Overall assessment of implementing court’s judgements and
decisions on current administrative cases in Vietnam
3.4.1. Achievements
- The work of administrative judgement enforcement of the has received the
attention and leadership of the Party committees and authorities from the central to
local levels.
- Through the supervision by questioning activities of National Assembly
deputies, activities of implementing the tasks of the National Assembly's agencies
on judgement enforcement in general and administrative judgement enforcement in
particular have shown increasing concern of the People for the work of
administrative judgement enforcement.

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- Increasingly better implementation mechanism, the order and procedures
for enforcement or handling violations in administrative judgement enforcement.
- Awareness of state agencies and competent individuals and people of all classes
on administrative judgement enforcement law has been increasingly improved.
- The system of Civil judgement enforcement agencies has been
implemented step by step in accordance with the law, initially going into order.
- The People's Procuracy at all levels has made great efforts in changing the

management and administration methods for the work of administrative judgement
enforcement.
3.4.2. Shortcomings and obstacles
3.4.2.1. Shortcomings
- The situation of not strictly abiding by the Court's judgements and
decisions is still popular, in which many cases of violation are state agencies or
competent individuals.
- Statistics and reporting on data of administrative judgement enforcement in
serving management activities of the administrative judgement enforcement were
not timely, complete and accurate, with contradiction with data from the People's
Courts at all levels and local People's Procuracy.
- Some ministries, branches and localities have not really paid attention to
and coordinated with the work of administrative judgement enforcement, some
localities considered administrative judgement enforcement work as the work of
civil judgement enforcement agency; not strictly follow the information and
reporting to the Government, so the effectiveness of state management in the
administrative judgement enforcement is still limited.
- The supervision of the main authorized entities is still mainly concentrated
at the meetings of National Assembly through questioning activities, therefore, it is
not timely.
3.4.2.2. Obstacles
- Judgements and decisions of the Court on administrative judgement cases are
unclear or clear but still difficult to implement in practice because they are not feasible.
- It is difficult for the enforcement agencies to determine the intentional error
of slow judgement enforcement or not serving the judgement decision.
- The organization, the advisory apparatus for state management on the
administrative judgement enforcement has initially been strengthened by the
establishment of the Department of Administrative Judgement Enforcement
Management in the General Department of Civil Judgement Enforcement
3.4.3. Causes of the above limitations and difficulties

3.4.3.1. Subjective reasons
- Administrative judgement enforcement is a complicated and sensitive field
of enforcement regarding relationships among relevant agencies when the
judgement debtors are state administrative agencies, competent persons in
administrative agencies, therefore, it is often difficult to enforce mechanisms
drastically and fully to ensure the effective implementation.

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- In many cases, the state administrative agency is the one who has to
enforce the judgement and disagrees with the judgement of the Court on the
grounds that the judgement does not guarantee the feasibility or convincement.
- Awareness of administrative judgement enforcement of relevant subjects in
the implementation process is still limited.
- During the process of participating in the proceedings, in some cases, the
Chairman of the People's Committee and the authorized deputy did not participate
in the dialogue and did not participate in the trial.
- Coordination between the People's Courts and civil judgement enforcement
agency in the transfer of legal court judgements and decisions or in providing data
or the handling and settlement of administrative trials of the courts in some places
is not good.
- In the context of the State's implementation of staffing reduction, the
number of civil judgement enforcement cases under the responsibility of civil
judgement enforcement agency, which is increasing, put pressure on the civil
judgement enforcement sector.
3.4.3.2. Objective reasons
- Law on administrative procedures and administrative judgement
enforcement have been gradually improved, creating a relatively adequate legal
framework for the work of administrative judgement enforcement over the past

time, however, the issues related to administrative procedures and administrative
judgement enforcement have been still not specified. .
- The mechanism of administrative judgement enforcement in accordance
with the administrative procedure law in 2015 and Decree 71/2016 / ND-CP is still
the self-enforcement mechanism of the judgement debtors.
- There is no synchronous monitoring mechanism for the monitoring
agencies to fully understand the details of administrative violation cases before
participating in the process of administrative judgement enforcement.
- Administrative complaints are mainly related to the land sector (recovery,
compensation, support and resettlement); land disputes and settlement; The law
stipulating this issue is still contradictory, overlapping and historical.
Chapter 3 Summary
Chapter 3 of the Dissertation presented and analyzed the following contents:
(1) Law on administrative judgement enforcement, in the period of Law on
Administrative Procedures in 2015 and Decree 71/2016 / ND-CP; evaluate the
advantages and limitations of the law on administrative judgement enforcement
during this period; (2) Assess practices of administrative judgement enforcement
activities in terms of trial results and administrative judgement enforcement;
monitoring results of administrative judgement enforcement agency; results of state
management on administrative judgement enforcement; results of monitoring,
supervising administrative judgement enforcement and results of handling
violations in administrative judgement enforcement; (3) Analyze and evaluate the
factors affecting efficiency of the administrative judgement enforcement in our

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country; (4) Summarize the results of the work of administrative judgement
enforcement; shortcomings, limitations, difficulties, and causes of such problems,
shortcomings and difficulties.

Chapter 4
POINTS OF VIEWS AND SOLUTIONS TO ENSURE EFFICIENCY
OF THE JUDGEMENT ENFORCEMENT, DECISIONS OF THE COURT
ON ADMINISTRATIVE CASES IN VIETNAM
4.1. Points of views to ensure the enforcement of court judgements and
decisions on administrative cases in Vietnam
4.1.1. Continue to thoroughly follow the leadership of the Party for
administrative judgement enforcement
Our history proved that the Party's leadership has always been the decisive
factor for all the victories of the Vietnamese revolution.
Therefore, in the upcoming time, to ensure effectiveness of administrative
judgement enforcement, we should continue to thoroughly grasp the points of
views and orientations of the Party, specifically as follows:
Firstly, perfecting the legal system
Secondly, organization of staffing
Thirdly, strengthening inspection, monitoring, controlling power and strictly
handling violations.
4.1.2. Synchronization in solutions to ensure the effectiveness of
administrative judgement enforcement
Limitations in the work of administrative judgement enforcement are quite
complicated which can not be solved in a short time, especially the limitations
related to cognitive issues of relevant subjects. Therefore, ensuring the
effectiveness of administrative judgement enforcement should not promote or
underestimate any solutions. Insteasd, it requires the coordination of all solutions,
specifically solutions such as: (1) Raising awareness of administrative judgement
enforcement; (2) Perfecting the law of administrative judgement enforcement; (3)
State management solutions and other complementary solutions.
4.1.3. Inheriting positive factors in the enforcement of administrative
sentences nationwide and abroad
In addition to the results of administrative judgement enforcement activities

in our country, learning experiences from other countries is also an important basis
to complete this work. Despite the differences in legal cultures, power structure,
legal system or socio-economic conditions, it can be determined that administrative
procedures are reconsideration activities of judicial authorities with law
enforcement agency, whereas administrative judgement enforcement is one of the
three basic judgement enforcement areas to realize the Court's judgements and
decisions about the administrative cases.
4.1.4. Ensuring the control of power in the organization and operation of
the state apparatus

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The state power organization is an important factor for the development of
any country in the world. It was added in Article 2 of the 2013 Constitution a new
principle of organization and operation of the State of the Socialist Republic of
Vietnam which was seen as the principle of power control.
4.2. Solutions to ensure the effective implementation of court
judgements and decisions on administrative cases in Vietnam
4.2.1. Solutions to raise awareness about the enforcement of court
judgements and decisions on administrative cases
4.2.1.1. Renovating propaganda and training of law on administrative
judgement enforcement to cadres, civil servants and the people.
Firstly, for the cadres and civil servants in general and those who work on
the law of administrative judgement enforcement in particular.
Secondly, the content and its form should be more specific and diversified in
association with the development of information technology networks in the current
period.
4.2.1.2. Strengthening the leadership of the executive committee for local
authorities on administrative judgement enforcement

First, in terms of leadership,
- The executive committee of the People's Committee performs the functions
and tasks as defined in the law.
- More attention to the cadre work and organization of staffs
Second, in terms of leadership,
- Through the resolutions of the committees, it is necessary to state the duties
of the administrative judgement enforcement as an important political issue when
defining the tasks of local security and social situation.
- Through ideological work, it is necessary to emphasize the importance of
strictly implementing administrative judgement enforcement among officials, party
members, and civil servants.
- Through the inspection and supervision, it is necessary to strictly handle
the cases of members who violate the administrative judgement enforcement
obligations such as cases of corruption.
4.2.2. Solutions to improve the law on enforcement of court’s judgements
and decisions on administrative cases
4.2.2.1. Amending and supplementing the Administrative Procedure Law of 2015
a. Some provisions in the process of resolving administrative cases affect the
quality of adjudication of the courts, thereby limiting the effectiveness of
administrative judgement enforcement.
Firstly, regulations on authorized persons to participate in the proceedings in
Clause 3, Article 60 of the Law on Administrative Procedures in 2015.
Secondly, officials and public servants of inspection agencies and police
agencies must not act as guardians of legitimate rights and interests of the
petitioned persons at item c, Clause 2, Article 61 of the Law on Administrative
Procedures in 2015.

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Thirdly, identifying roles and agreement on choosing people participating in
administrative procedures in some specific cases.
Fourthly, regulating the jurisdiction of the Court at all levels for "complaints
and denunciations issued by the People’s Committee at district level".
b. Some regulations related to administrative judgement enforcement and its
procedures.
Firstly, the regulations on voluntary administrative judgement enforcement
Secondly, the regulation promulgates the Decision to administrative
judgement enforcement in Item 3 of Article 311 and Article 312 of the Law on
Administrative Procedures in 2015.
Thirdly, remove the monitoring function of civil judgement enforcement agency.
Fourthly, supplement regulations on enforcement measures for
administrative judgement enforcement
4.2.2.2. Building law on Administrative judgement enforcement
Chapter 1. General provisions
Chapter 2. Administrative judgement enforcement procedures
Chapter 3. Enforcement of administrative judgement enforcement
Chapter 4. Complaints, denunciations and settlement of administrative
judgement complaints and denunciations
Chapter 5. Handling responsibilities in administrative judgement
enforcement
Chapter 6. Terms of enforcement
4.2.3. State management solutions on enforcement of court judgements
and decisions on administrative cases
4.2.3.1. Strengthening state management on administrative judgement
enforcement
Firstly, continue to focus on thoroughly implementing the Law on
administrative procedures in 2015, Decree No. 71/2016 / ND-CP.
Secondly, advise the Government to organize the inspection and examination
of the work in the agencies and localities with the large number of complicated and

prolonged cases.
Thirdly, actively coordinate with the Supreme People's Court, Supreme
People’s Procuracy in removing difficulties and obstacles in practical
implementation.
Fourthly, continue to improve the effectiveness of monitoring, reporting and
statistics on administrative judgement enforcement in the whole system of civil
judgement enforcement.
Fifthly, organize research and perfect the legal framework on administrative
judgement enforcement to further institutionalize the 2013 Constitution and the
Party's Resolutions.
4.2.3.2. Improving the effectiveness of administrative judgement
enforcement of the Civil Judgement Enforcement Agency

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Firstly, it is necessary to take advantage of the leadership and direction of
Party committees and administrations at all levels for the work of the administrative
judgement enforcement.
Secondly, each locality should continue to promote propaganda about legal
regulations on administrative judgement enforcement on the mass media.
Thirdly, continue to improve the quality and effectiveness of the professional
guidance for monitoring administrative judgement enforcement.
Fourthly, strengthen coordination with the People's Courts at the same level
in the locality.
Fifthly, improve the quality and effectiveness of the inspection, supervision
and settlement of complaints and denunciations related to the monitoring of
administrative judgement enforcement in civil judgement enforcement agencies,
especially in localities with large, numbers of complicated and prolonged cases of
administrative judgement enforcement.

Sixthly, ensure the quality of reporting and statistics on monitoring
administrative judgement enforcement activities.
4.2.4. Solutions to support the enforcement of court judgements and
decisions on administrative cases
4.2.4.1. Improve the quality of adjudication of administrative cases at
People's Courts at all levels
Firstly, make sure that the decision of the Court on the administrative
violation cases must be clear and legal.
Secondly, improve professional qualifications, trial experience, political
bravery for administrative judges.
4.2.4.2. Strengthening the supervision of the enforcement of judgements and
decisions of the Court on administrative cases.
a. Supervision of the enforcement of judgements and decisions of the Court
on administrative cases.
Firstly, it is necessary to further improve the quality of specialized agencies
of the National Assembly and People's Councils to strengthen supervision of
judicial activities, including supervision of administrative judgement enforcement.
Secondly, develop mechanisms for supervisors to participate fully and
comprehensively in the process of accessing to the details of administrative
violation cases, the trial results of the Court.
Thirdly, let the People participate in monitoring administrative judgement
enforcement more directly, for example, allow lawyers to participate in protecting
the rights and legitimate interests of people who have rights and obligations related
to administrative judgement enforcement.

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b. Supervision works to enforce court’s judgements and decisions on
administrative cases.

Firstly, fulfill the quantity of the staff and prosecutors who have professional
qualifications and experience to meet the demand of supervising administrative
judgement enforcement.
Secondly, focus on managing and operating and supervising the activities of
the administrative judgement enforcement.
Thirdly, strengthen the coordination between the Procuracy and the relevant
agencies in the control of administrative judgement enforcement.
Chapter 4 Summary
With the reality of administrative judgement enforcement and on the basis of
the requirements as well as policies on the administrative judgement enforcement
in the upcoming time, it has been proposed in chapter 4 specific solutions as
follows:
Firstly, raise awareness of relevant agencies in the process of judgement
enforcement, in which the leadership of the executive committee for local
authorities should be strengthened, accordingly the propaganda and propagation
should be renewed and accessible to cadres, civil servants and the people.
Secondly, perfect the law of administrative judgement enforcement in the
direction of modifying and supplementing the Law on administrative violations in
2015 which is an immediate solution. It is necessary to develop and issue the Law
on Civil judgement enforcement in addition to the Law on Administrative
Procedures.
Thirdly, improve the effectiveness of state management of the administrative
judgement enforcement and the system of civil judgement enforcement agencies,
giving consultancy regarding the management of the administrative judgement
enforcement through supervision.
Fourthly, ensure the trial quality of the Court in which the capacity of
administrative judges is the factor of changing the quality of adjudication and at the
same time strengthen the monitoring and supervision functions of the
administrative judgement enforcement.
CONCLUSION

In Vietnam, administrative judgement enforcement is defined as one of the
key tasks of judicial reform in the context of building a socialist Vietnamese ruleof-law state. With the efforts of the political system and the People in the whole
country, there have been certain results.
In terms of institutions, the legal framework on administrative judgement
enforcement is getting better and better in the form the implementation mechanism
and in the order as well as implementation procedures or the handling of violations
in the administrative judgement enforcement. This can be seen clearly in the
National Assembly's Law on administrative procedures in 2015 with many

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