Administrative jurisdiction in the background of building the State of law and international integration in Vietnam at present” is a collection of opinions from some authors around the theoretical and practical issues about the administrative jurisdiction in Vietnam. This is the result of the cooperation and support of KAS Institute, Federal Republic of Germany with the Institute of State and Law under Vietnam Academy of Social Sciences.
The administrative jurisdiction is a complicated and wide issue with many aspects, related to and depending on a lot of political – social factors. In Vietnam, the administrative jurisdiction appeared soon and actually become a legal mechanism to limit and control the state power with an aim to protect human rights after the Ordinance on Complaint and denunciation of the citizens was promulgated in 1991 and especially after 1995, when the National Assembly of Vietnam amended the Law on Organization of People’s Courts, granting the People's Court with the functions for administrative trial and establishing in the system of people’s courts the responsible courts to implement this function (collectively called administrative court).
From that to now, although in nature, the administrative jurisdiction is an activity to review and make judgement with validity in order to settle the the administrative disputes or disputes arising in the operation, management of the state administrative bodies, in which it is mainly the consideration, judgement about the correctness of the decisions or administrative acts of the state management agencies, but in fact it is existing the different conceptions of the administrative jurisdiction. The complexity in theoretical awareness of the administrative jurisdiction brings about embarrassments and inefficiencies in the practice of building and enforcing the administrative jurisdiction mechanism. Its consequence is the right of complaint, denunciation of the trespassed citizens, the role of the administrative jurisdiction agencies is declined; increase the randomness, motionlessness, and irresponsibility of some state administrative civil service parts. It is the actual state of incompatibility with the demand of the process to continue building the Socialist state of law in Vietnam at present. The State of law sets out the requirements on limitation and state power control, in which the important is the executive power control and constraint - the power part has most capacity in encroaching and abusing power. Therefore, the promotion of building the State of law is also synonym with the strong promotion of building the mechanisms to ensure the people's power on the basis of minimizing the possibility of abusing power from the executive bodies. This directly sets the requirement on an effective administrative jurisdiction in Vietnam at present.
Nguyen Thu Ha
