Unable to enforce administrative cases will resulted in being handled
17:51 14/06/2017
Deputy Minister of Justice Tran Tien Dung chaired the Drafting Committee meeting. He required that the drafted Decree on the duration, order and proceedings of administravice enforcement have punishment for anyone who refuse to carry out administrative enforcements.
Specific regulations about the responsibility of the President of the People’s Committees
Reporting the direction for the construction of the Decree, General Deputy Director Mai Luong Khoi informed that the law enforcement service has revealed some limitations beside the great achievements. The 2010 and 2015 Law on Administrative Proceedings have no effective regulations to force people to carry out the Court’s Judgement, they also lack the regulations about law enforcement order and proceedings. Along with the limit above, the State management service about law enforcement also revealed lots of inadequacies and limitations recently.
One of the important contents of the drafted Decree is the regulation about responsibilities and measures to force organizations to carry out the Court’s administrative judgement. Specially, the drafted Decree regulated the measure forms for not enforcing legal judgement, for instance: The People’s Committee President, the direct supervisor Deputy director of department of law enforcement and law enforcement management of Ministry of Justice will handle or request the person with the authorization to handle administrative violations against anyone who refuse to execute the judgement or request criminal prosecution.
Solution synchronizing
The members of the Drafting Committee all agreed that the important matters of the draft are not only new and difficult but also very special since the subjects who have to execute the administrative judgement are the State departments, directors of State departments.
Deputy Minister Tran Tien Dung made his opinion very clear. He said that the drafted Decree must coincide with the Consitution, the Administrative Proceedings Law, the Law on Handling of Administrative violation and it must guarantee to be possible. The Editorial Team need to review the related legal documents to propose appropriate handling solution.
The Deputy Minister also asked the Drafting Committee to speed up the progress and issue the draft as soon as possible to get feedback for review before submitting to the Government
Reporting the direction for the construction of the Decree, General Deputy Director Mai Luong Khoi informed that the law enforcement service has revealed some limitations beside the great achievements. The 2010 and 2015 Law on Administrative Proceedings have no effective regulations to force people to carry out the Court’s Judgement, they also lack the regulations about law enforcement order and proceedings. Along with the limit above, the State management service about law enforcement also revealed lots of inadequacies and limitations recently.
One of the important contents of the drafted Decree is the regulation about responsibilities and measures to force organizations to carry out the Court’s administrative judgement. Specially, the drafted Decree regulated the measure forms for not enforcing legal judgement, for instance: The People’s Committee President, the direct supervisor Deputy director of department of law enforcement and law enforcement management of Ministry of Justice will handle or request the person with the authorization to handle administrative violations against anyone who refuse to execute the judgement or request criminal prosecution.
Solution synchronizing
The members of the Drafting Committee all agreed that the important matters of the draft are not only new and difficult but also very special since the subjects who have to execute the administrative judgement are the State departments, directors of State departments.
Deputy Minister Tran Tien Dung made his opinion very clear. He said that the drafted Decree must coincide with the Consitution, the Administrative Proceedings Law, the Law on Handling of Administrative violation and it must guarantee to be possible. The Editorial Team need to review the related legal documents to propose appropriate handling solution.
The Deputy Minister also asked the Drafting Committee to speed up the progress and issue the draft as soon as possible to get feedback for review before submitting to the Government