VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES LE VAN HAO SUPERVISING THE SETTLEMENT OF ADMINISTRATIVE CASES IN VIETNAM TODAY Major: Constitutional Law and Administrative Law Code: 38 01 02 ABSTRACT SUMMARY OF DISCIPLINE STUDY HA NOI, 2020 THIS WORK IS COMPLETED AT GRADUATE ACADEMY OF SOCIAL SCIENCES SCIENCE INSTRUCTOR: Associate Professor PhD Vu Thu Assoc Prof Dr Hoang Van Tu Reviewer 1: Reviewer 2: Reviewer 3: The thesis is defended before the thesis appraisal board of the Academy at the Graduate Academy of Social Sciences at: hours, date month 2019 This thesis can be found at: - Library of Graduate Academy of Social Sciences - National Library of Vietnam OPENING The urgency of the thesis The research on supervising the activities of resolving administrative cases of People’s Procuracy has many different approaches However, the research approach on the nature, purpose, requirements and evaluation of the effectiveness of the supervisory activities of the settlement of administrative cases in order to provide solutions to improve the supervision quality of administrative cases of people’s from the perspective of the Constitution Law, the Administrative Procedure Law, and the Law on Organization of People’s Procuracy is considered as one of the forms of control of judicial rights (Control of the jurisdiction of the court) This activity not only helps the People’s Procuracy perform power from the National Assembly to complete the function of supervising the compliance with the laws of the court and other participants in the process of solving administrative cases This activity of the People’s Procuracy is to ensure the court when judging, issuing judgments and decisions equally, impartially, objectively, lawfully promptly detecting cases of abuse of rights forces in adjudicating administrative cases to propose and request protests to overcome them This is also a research direction to build an accurate conception of operational efficiency in supervising the settlement of administrative cases of People’s Procuracy On that basis, offering objective and comprehensive criteria to assess factors affecting the relationship of working coordination, first and foremost the relationship between the judicial authority and the procuracy and the relationship between the People’s Procuracy and the concerned agencies and organizations; between the function positions and duties of People’s Procuracy and the effectiveness and efficiency in activities of supervising the settlement of administrative cases of People’s Procuracy in a common, uniform mechanism, from which as a scientific basis to allow a proper assessment of the nature, necessity, substance, reality and effectiveness of the supervision of the settlement of administrative cases Theoretical and practical research on activities of supervising the settlement of administrative cases of People’s Procuracy in the condition of market economy, international integration, meeting the requirements of judicial reform to continue building and perfecting the Socialist State of Social Republic of Vietnam, by the people, for the people in the current period and in the coming time should be cared properly Therefore, the choice of the issue "Supervising the settlement of administrative cases in Vietnam today" as the thesis topic is to meet theoretical and practical requirements Research purposes and missions 2.1 Research purposes On the basis of clarifying theoretical issues and analyzing the practiccal issues of supervising the settlement of administrative cases, the thesis proposes a number of solutions that contribute to improving the quality of supervising the handling of administrative cases 2.2 Research missions - Surveying and evaluating the overall situation of research in the coutry and abroad for the act of supervising of the settlement of administrative cases by People’s Procuracy ; From there, it is necessary to identify gaps and issues raised that the thesis needs to continue studying - Analyzing and clarifying theoretical and legal issues on the the act of supervising of the settlement of administrative cases by People’s Procuracy from the legal aspect, which is considered as one of the methods of judicial power control, from which people build up the concepts of controlling the settlement of administrative cases, the subjects, the scope and defining the contents of this work - Surveying , collecting information and documents to assess the current situation of the act of supervising of the settlement of administrative cases by People’s Procuracy ; outlining the shortcomings, limitations and causes of the problems, limitations in the field of supervising the handling of administrative cases - Proposing solutions and recommendations to improve the quality of the supervision of the settlement of administrative cases of People’s Procuracy in the coming time Research subject and scope 3.1 Research subjects The subject ject of the thesis research is the act of supervising the settlement of administrative cases of People’s Procuracy 3.2 Research scope - In terms of the content: The dissertation researches within the scope of activities of supervising the compliance with the law during the process of conducting the administrative cases of people’s court - In terms of time: The dissertation studied the activities of supervising the law compliance in the process of handling administrative cases of People’s Procuracy from 2009 to 2018 -In terms of space: The dissertation carried out survey and analysis nationwide, focusing in a number of key provinces and cities Methodology and research methods 4.1 Methodology The methodology used in the thesis research process is dialectical materialism and historical materialism 4.2 Research Methods - Historical method - Methods of analysis, synthesis and statistics - System structure method - Comparative law method - Case study method New contributions of science of the thesis Firstly, the dissertation analyzes and clarifies the activity of supervising the settlement of administrative cases which is the act of conducting state power, namely the right to control judicial activities in solving administrative cases The main purpose is to ensure the law of administrative procedure is strictly and lawfully complied with Secondly, through analyzing and clarifying the activities of supervising law compliance in the process of handling administrative cases, the research results of the topic have identified the position and role of the People’s Procuracy in the state apparatus, especially in terms of building and perfecting the Socialist state of Social Republic of Vietnam today Thirdly, the research results of the dissertation contribute to supplementing and completing the theoretical issues of the activities of supervising the administrative cases of People’s Procuracy in the form of controlling judicial power such as: : building a number of concepts, characteristics, content, and methods of controlling the settlement of administrative cases Fourthly, from the theoretical awareness of the role and function of People’s Procuracy , the thesis assesses the current situation of supervising the settlement of administrative cases in Vietnam of People’s Procuracy Fifthly, the thesis proposes solutions to improve the quality of supervising the handling of administrative cases based on science and from which is feasible when being applied the function of People’s Procuracy Scientific and practical significance of the thesis 6.1 Scientific significance of the thesis The thesis contributes to supplementing and completing the theory of science of the Constitutional Law, the Administrative Law, the Law on Organization of the People's Procuracy and the Law on Administrative Procedure, clarifying the contents of the supervison of the settlement of administrative cases, determining the position of people’s procuravy in the state apparatus; duties and rights of People’s Procuracy when they settle administrative cases 6.2 Practical significance of the thesis - The thesis establishes a legal basis and a scientific basis for supervising the handling of administrative cases of People’s Procuracy At the same time, it analyzes and clarifies the requirements of the performance of the functions and tasks of the People's Procuracy, the coordination relationship between the Procuracy and other agencies carrying out judicial activities in the settlement process of administrative case - The dissertation's research results can be used as documents for professional training and retraining in supervising the settlement of administrative cases in practice The structure of the thesis In addition to the introduction, conclusion, list of references and appendices, the content of the thesis consists of chapters: Chapter 1: Overview of research situation Chapter 2: Theoretical issues on supervising the settlement of administrative cases Chapter 3: The current law provision on the supervision of settlement of administrative cases in Vietnam today and the practical application Chapter 4: Perspectives and solutions to enhance the role of the People's Procuracy in supervising the settlement of administrative cases Chapter OVERVIEW OF THE RESEARCH SITUATION 1.1 Research situation in the country 1.1.1 The first group studies the jurisdiction of administrative complaints Author Le Thu Huong in the article "On the mechanism of solving administrative complaints in court countries" published in the Journal of Democracy and Law - The Ministry of Justice has affirmed: In every country, from the past until now, people both seek mechanisms to resolve administrative complaints in order to promptly detect and correct errors of the administrative apparatus, and at the same time protect the legitimate rights and interests of citizens Through researching the article of the author Le Thu Huong, the author of the thesis found that this is a research result that can be used to refer to the provisions of Administrative Procedure Law that have been amended and completed according to the process of country development 1.1.2 The second group is scientific researches on the necessity, position and role of People’s Procuracy in the State apparatus and functions of People’s Procuracy The article Amending the Constitution in 1992 with the determination of the position and function of People’s Procuracy in the state apparatus of the author Le Huu The has focused on analyzing the theoretical basis and legal grounds to regulate defining the position and functions of People’s Procuracy in constitutional documents Accordingly, the author has analyzed the basis for defining the position and role of the People’s Procuracy based on the orientation of the Party and State courts in the process of Justice Reform, international integration and building the rule of State Law in Vietnam Assoc.Prof.Dr Tran Van Do "Solutions to improve the quality of the right to prosecute and control judicial activities" (2003), Proceedings of ministerial-level scientific topics, Institute of Procuratorate Studies – the Supreme People’s Procuracy The author has analyzed and proposed specific Secondly, the thesis needs to explain the theoretical basis and practice of the court activities of supervising the settlement of administrative cases which is the control activities of judicial rights Thirdly, the thesis needs to clarify the scientific and legal basis for the operation of the function of supervising judicial activities in the field of administrative procedure, which is the supreme supervision of from the National Assembly Fourthly, building up the concept, identifying the subject, scope, content, method of supervision of the People’s Procuracy when performing the function of supervising judicial activities in the field of administrative proceedings Fifthly, surveying and collecting information related to the supervision of judicial activities in the field of administrative procedures in the period from 2009 to 2018 Based on that, to evaluate the results achieved, the shortcomings and difficulties, problems and draw the causes of those problems, limitations, difficulties and problems Sixthly, the thesis proposes solutions to enhance awareness of the position and role of the People’s Procuracy in supervising judicial rights in the field of administrative proceedings; strengthening the implementation of the function of supervising the settlement of administrative cases associated with the request for legal reform and state administration reform; strengthening the administrative management, about the coordination between the People’s Procuracy and the People’s Court; on the training and retraining of cadres, prosecutors and inspectors in the inspection industry Conclusion of chapter 10 Chapter THEORETICAL ISSUES ON SUPERVISING THE SETTLEMENT OF ADMINISTRATIVE CASES 2.1 Concept, characteristics, meanings and principles of the supervising activity of settlement of administrative cases 2.1.1.Supervising the handling of administrative cases - one of the typical forms of supervising judicial activities - Characteristics of judicial activities are conducting specific criminal, civil, administrative, economic and labor cases When it comes to supervise judicial activities, it means that the mechanism of supervising power from high to low of judicial institutions, including the control activities of the procuracy - Supervise judicial activities with organic links to the function of performing prosecution rights It is also a fact in many countries despite different political institutions 2.1.2 Concept of supervising the settlement of admisnistrative cases From the identification of the concept of judicial power, the supervison of judicial power and the supervison of judicial activities as mentioned above, it is possible to define the concept: “Supervising the settlement of administrative cases is an activity of the People’s Procuracy who utilizes the legal powers prescribed by law to supervise the law compliance during conducting a case of the People’s Court, by judges, jurors, session secretaries courts and other participants in legal proceedings in order to ensure the timely, objective and lawful settlement of administrative cases " 2.1.3 Characteristics of activities of supervising the handling of administrative cases Firstly, supervising the settlement of administrative cases is a part of supervising judicial power from the National Assembly and the National Assembly only assigns the only agency in the state apparatus that is the People’s Procuracy 11 Second, supervising the settlement of the administrative cases of the People’s Procuracy is a part of supervising judicial power Thirdly, the subject of supervising the settlement of administrative cases is the action of resolving administrative cases of the People’s Court Fourth, the entity that manages the settlement of administrative cases is limited in scope of supervise Fifthly, the content and form of control over the settlement of administrative cases of the People’s Procuracy are specific Sixthly, to supervise the settlement of administrative cases of the People’s Procuracy in order to achieve the result of contributing to the guarantee of state administrative agencies and competent individuals in administrative management The state issues administrative decisions and implements administrative actions in accordance with the law 2.1.4 The meaning of the supervising activity of administrative cases Firstly, the activities of the People’s Procuracy when performing the function of supervising or obeying the law in settling administrative cases in order to contribute to the improvement of the ocialist state of Social Republic of Vietnam Secondly, performing the function of supervising the settlement of administrative cases of the People’s Court contributes to the protection of the Constitution and laws, the protection of human rights, civic rights and the interests of the State; lawful rights and interests of agencies, organizations and individuals, contributing to ensuring the law to be strictly and uniformly observed Thirdly, performing the function of supervising the settlement of administrative cases of the People’s Procuracy contributes to promoting effective reform of the state administration contributes to strengthening the organizational structure of the governing body state administration 12 2.1.5 Operation principles of supervising the settlement of administrative cases Firstly, ensure the leadership of the Party Second, the socialist legislative principle Third, the principle when supervising the settlement of an administrative case, the People’s Procuracy must respect the right of decision and the right to self-determination of the petitioner 2.2 Factors affecting the supervising activity of the settlement of administrative cases First: Political factors and socio-economic situation Second: The legal system in general and the legal system of administrative procedures in particular Third: The independent element of adjudicating of the People’s Courtand and supervising the adjudication of the People’s Procuracy in administrative procedure Fourth: Organization and performance effectiveness of state management subjects Fifth: Factor in expanding international cooperation in training and fostering judicial officers Sixth: Organizational structure of the executive management and management apparatus of the leaders of the People’s Procuracy in supervising the handling of administrative cases Seventh: The people's awareness of law Eighth: Preliminary and summary work to draws experience on theories and practices of supervising the handling of administrative cases Ninth: factors of the qualifications, experience and bravery of procurators Conclusion of Chapter 13 Chapter CURRENT LEGAL REGULATIONS ON SUPERVISING THE SETTLEMENT OF ADMINISTRATIVE CASES 3.1 Law rules about the content and methods of supervising the settlement of administrative cases 3.1.1 Content of supervising the settlement of administrative cases 3.1.1.1 Supervise the acceptance of administrative cases of the People's Court 3.1.1.2 Supervise the compilation of administrative case files of the People's Court 3.1.1.3 Supervise first-instance trial of an administrative case of the People's Court 3.1.1.4 Supervise appellate trial of administrative cases 3.1.1.5.Supervise cassation, reopening trial of administrative cases 3.1.2 Methods of supervising the settlement of administrative cases 3.1.2.1 Directly supervise the settlement of administrative cases 3.1.2.2 Indirectly supervise the settlement of administrative cases 3.2 Situation of accepting and settling administrative cases 3.2.1 Situation of accepting and supervise of the acceptance of administrative complaints by the People's Court The administrative lawsuit area mainly focused on the southern provinces, especially in the Southeast region, where many industrial and export processing zones were concentrated, where many workers from other provinces live work; provinces with few administrative complaints occur mostly in the Northern mountains and the Southwest Provinces The nature of administrative complaints: In general, the administrative complaints that are requested to be settled in the court are mainly made by individual citizens; lawsuits filed by agencies and organizations in court occupy a negligible proportion, every year about 5-10 cases Especially, there have been a number of lawsuits filed by many people, which have been settled 14 many times through the procedures of first-instance, appellate and cassation trial, but the petitioners still disagree and entice many people participate in causing disturbance and disorder in the masses 3.2.2 The situation of settling and supervising the settlement of administrative cases of the People's Court from 2009 to 2018 Therefore, in the 10-year period, from 2009 to 2018 on a national scale, the People’s Court received a total of 38,172 administrative lawsuits, brought to trial 36,806 cases; suspending the settlement of administrative cases according to Article 44 of the 1996 Ordinance; Article 120 the administrative procedure law 2010, Article 143 the administrative procedure law 2015, a total of 1366 administrative cases; the People’s Procuracy supervised and tried 36,806 cases; accounting for 100% of cases [Table 2.4 - Appendix] 3.3 Assess the current situation of the People's Procuracy's supervising activity of settlement of administrative cases between 2009 and 2018 3.3.1 These achievements Firstly, the results achieved in supervising the settlement of administrative cases Secondly, the results achieved in supervising the making of administrative case files Thirdly, the results achieved in supervising activity of the firstinstance trial of administrative cases Fourthly, the results achieved in supervising activity of appellate trials of administrative cases Fifth, the results achieved in supervising activity of cassation, reopening of administrative cases 3.3.2 Shortcomings, limitations and difficulties in supervising the handling of administrative cases and causes 3.3.2.1 Existencies and limitations 3.3.2.2 The difficulties and obstacles 15 3.4 The cause of the achieved results and the shortcomings and limitations in supervising the settlement of administrative cases 3.4.1 The cause of the results achieved Firstly, the management and direction activity of the Leader of the Supreme People's Procuracy is always close and timely Secondly, in general, the officers and prosecutors of the People’s Procuracy of all levels assigned to perform the task of supervising the handling of administrative cases is increasingly concerned by the authorities to improve their professional qualifications and professional ethics, professional qualifications and awareness of profession Thirdly, the work of supervising the settlement of administrative cases is concerned by the local People’s Procuracy based on the direction of the Supreme People's Procuracy and the provisions of the law, thus it is strictly correctly conducted from the stage of receiving the notice of acceptance of the case and throughout the process of handling administrative cases Fourthly: Organizing the apparatus and work of cadres and prosecutors to supervise administrative cases of the entire system of the People’s Procuracy from the Supreme People's Supervision Institute to the local People’s Procuracy is getting better day by day Fifth: In recent years, especially after the National Assembly promulgated the Law on Administrative Proceedings in 2010 and the 2015 Law on Administrative Procedure, the People’s Procuracy at all levels focused on strengthening the coordination between the People’s Procuracywith the People’s Court rightaway from the time of accepting the petition and in the course of resolving the case in order to promptly remove obstacles on the provisions of law, ensure the application of legal agreement Sixth: Article 25 of the 2015 law on administrative and other laws specifies fully functions and duties of the People’s Procuracy is to supervise the law compliance to ensure that solve administrative cases timely and in accordance with law; the People’s Procuracy 16 administers administrative cases from the time of acceptance to the end of the case resolution; attend court sessions and meeting; to perform the right to request, make recommendations, to protest in accordance with the law 3.4.2 Cause of these shortcomings and limitations Firstly, the 2015 Law on Administrative Procedure has not been implemented for a long time, so there are a number of provisions of the Law on the functions, tasks and duties of the People’s Procuracy in each specific activity such as: handling cases, participating in the settlement of hearings and meeting sessions of the People’s Procuracy at the trial; the relationship between the People’s Procuracy and the People’s Court in each specific legal proceeding as well as the process of settling administrative cases without any guiding documents, thus affecting the activity of supervising the settlement of administrative cases of the People’s Procuracy Second: About the management, direction of the leaders of the People’s Procuracy practically supervise administrative cases in recent years, a number of leaders of the provincial and district People's Procuracy have innadequate awareness of the position, role and responsibilities of the People’s Procuracy when supervising the resolution of administrative cases, that it is the responsibility of the court, the responsibility of the litigants is mainly Thirdly, a number of officials and prosecutors who supervise the handling of administrative cases with limited qualifications and capacity, have not yet mastered the provisions of the Law on Administrative Procedure and guiding documents execution, lack of sense of responsibility, hesitation to collide with court Fourth: The coordination between agencies and organizations with the People’s Procuracy and the People’s Court is not tight, there is no coordination regulation, the law does not have a clear regulation on liability of relevant agencies and organizations when failing to properly and promptly comply with the requirements of the the People’s Procuracy Fifth: The awareness of law compliance of cadres and civil servants in State administrative agencies is not high, leading to infringement of lawful 17 rights and interests of agencies, organizations and individuals administrative complaints at the court are more and more complex, especially cases where the State administrative agencies take advantage of relationships affecting the settlement of administrative cases of the People’s Procuracy and the People’s Court which influence the law enforcement process Sixth: The facilities of the People’s Procuracy, especially a number of the district People’s Procuracy are limited in working offices, working equipment, and internal electronic information network which is unstable, slow transmission speed; the system of books, reports, records, and books of monitoring work also contains errors Conclusion of Chapter Chapter VIEWPOINTS AND SOLUTIONS TO STRENGTHEN THE ROLE OF THE PEOPLE'S PROCURACY IN SUPERVISION OF THE SETTLEMENT OF ADMINISTRATIVE CASES 4.1 Viewpoints to strengthen the role of the People’s Procuracy in supervision of the settlement of administrative cases 4.1.1 To grasp thoroughly the Party's views on judicial reform and ensure the Party's leadership over the settlement and supervision of the settlement of administrative cases Firstly: Doing well the thorough and propaganda of the Party's guidelines and policies, the provisions of the law on the position, functions, tasks and duties of the People’s Procuracy in the state apparatus and in the field of administrative judgment settlement, and at the same time, promoting scientific research on the position, functions and tasks of the People’s Procuracy in legal reform Secondly: the supervising activity must closely follow and serve the Party's political duties Thirdly: Mastering and thoroughly grasping the Party's views on the functions and tasks of the People’s Procuracy 18 Fourthly: In the supervision of judicial activities, especially in the supervision of settlement of civil cases, administrative cases, execution control, the People’s Procuracy at all levels should be well-informed the Party's point of view and the provisions of the law on the functions, tasks and duties of the People’s Procuracy in this field and the organization of drastic, strong and comprehensive implementation Fifthly: Enhancing the proactive role and responsibilities of the Director of the People’s Procuracy at all levels; Heads of units under the Supreme People’s Procuracy in management, direction and administration Sixthly: Strongly renovating the organization and personnel work to meet the new task requirements before the new requirements of the performance of functions and tasks according to the requirements of legal reform, the activity of officials of the court must be renewed more strongly and comprehensively 4.1.2 Ensuring supervision of state power, human rights and citizens' rights 4.1.2.1 Ensuring the supervising activity of state power 4.1.2.2 Ensuring human rights and citizens' rights 4.1.3 Ensuring the law in administrative proceedings Firstly: The requirements of administrative proceedings must be conducted in accordance with the provisions of law, in order to protect the interests of the State, organizations and other participants in legal proceedings Second: Ensuring the law in administrative procedures also aims to create criteria to assess the correctness of right and wrong in the operation of administrative proceedings The results of administrative proceedings of the procedure-conducting agencies and the procedure-conducting persons are reflected in the strict observance of the provisions of the law on administrative proceedings in the course of settling the case or not? the true value of legal proceedings is achieved when ensuring the supreme legality of legal proceedings, that is, the activity within the framework of the law 19 Thirdly: Ensuring the legality of administrative procedure needs to be studied, focusing on the fact that the current administrative procedure shows that the number of administrative cases is increasing but the quality of settlement , adjudication of unsecured administrative cases; the number of judgments and decisions on administrative cases being canceled or amended has not dropped sharply 4.1.4 Ensuring the uniformity in solutions to enhance the role of the People’s Procuracy in supervising the settlement of administrative cases In order to ensure the uniformity in the implementation of measures to improve the quality of supervising the settlement of administrative cases, judicial agencies in general, including the procuracy at all levels, should be thoroughly implemented such as: Defining correctly the guidelines and views on the legal reform identified in the Party's resolutions and documents to institutionalize them into the Laws of Administrative Procedure in order to define the position, roles, functions, duties and powers of the People’s Procuracy in supervising the settlement of administrative cases in the direction of ensuring equality between citizens and agencies government before the court 4.2 Measures to strengthen the role of the People’s Procuracy in supervising the settlement of administrative cases 4.2.1 The general solution 4.2.1.1 The unified awareness of functions, duties and powers of the People's Procuracy in administrative proceedings 4.2.1.2 Continue to improve the law on supervising judicial activities 4.2.1.3 Promote the propagation and dissemination of legislation on Administrative Procedure 4.2.2 Group of solutions to organize the performance of functions, tasks and powers of the People's Procuracy in administrative proceedings 20 4.2.2.1 Perfecting the organizational structure to perform the task of supervising the settlement of administrative cases 4.2.2.2 Strengthening the direction and administration of supervisory activities for the settlement of administrative cases of the People's Procuracy 4.2.2.3 Strengthening the conduct of the rights of the People's Procuracy in administrative proceedings 4.2.2.4 Strengthening the coordination between the Procuracy and relevant agencies and units in supervising the settlement of administrative cases 4.2.3 Group of solutions for inspection and supervision of activities of supervising the settlement of administrative cases 4.2.3.1 Strengthening inspection and supervision activities of the National Assembly for activities of supervising the settlement of administrative cases 4.2.3.2 Strengthening inspection and supervision activities of the People's Councils at all levels for activities of supervising the settlement of administrative cases 4.2.3.3 Strengthening inspection and supervision activities of the people with respect to activities of supervising the settlement of administrative cases 21 4.2.4 Group of solutions to ensure conditions on facilities, working equipment, technology of the People's Procuracy in supervising activities of judicial activities in general and supervising the settlement of administrative cases in particular Firstly: Increasing investment in facilities, ensuring the Department No 10 of the Supreme People's Procuracy and the professional units of the Sub-Procuracy (the Supreme People’s Procuracy; the provincial People’s Procuracy and the district People’s Procuracy) is eligible for fulfilling its tasks and has a reasonable regime for officials and prosecutors to supervise the handling of administrative cases Secondly: Increasing investment in funds, facilities and means in service of supervising the settlement of administrative cases according to long-term plans of years, years, 10 years and in each specific year ; Thirdly: Determining the type and quantity of material facilities and facilities in service of the operation of the People’s Procuracy at all levels, such as working offices, vehicles, technical equipment; Fourthly: There is an appropriate policy regime for officers and procurators working on the task of supervising the settlement of administrative cases, ensuring the per diem regime for procurators and inspectors when performing the work Conclusion of Chapter 22 CONCLUSION The dissertation has deeply analyzed and clarified the concepts of administrative cases, settleing administrative cases; specific characteristics of the settling of administrative cases, supervision of administrative cases, including analysis of different views on this issue The focus of the theoretical chapter and thesis focuses on analyzing and researching the concept, subject, scope and content of tasks and powers of the People’s Procuracy in supervising activity of settlement of administrative cases from the time the court accepts the administrative lawsuit application until the court makes a legally effective judgment or decision At the same time, the thesis also clarifies the factors that have an impact on the supervision of the settlement of administrative cases of the People’s Procuracy The theoretical knowledge that the thesis has analyzed and explained is the basis for assessing the situation and proposing solutions in the next chapters Based on the theoretical knowledge that has been studied and analyzed specifically, along with the survey results, collected data on administrative cases that have been accepted and solved in the past 10 years from 2009 to 2018, the thesis gave an objective, comprehensive and relatively complete assessment of the actual situation of activities of supervising the settlement of administrative cases of the People’s Procuracy It can be said that, in recent years, despite many difficulties due to various objective and subjective reasons, the task of supervising the settlement of administrative cases in the whole control branch has reached important achievement The procuracies at all levels have been aware of their responsibilities, determined their competence and proficient in supervising operations of the settlement of administrative cases at different stages The current Law on the Organization of the People’s Procuracy and the Law on Administrative Proceedings and its guiding documents, and other professional documents have been well promoting the active role in ensuring the law in settlement activities of administrative cases 23 However, in order to consolidate the position and strengthen the role of the People’s Procuracy in administrative procedures, the thesis has proposed a number of solutions and recommendations These solutions and recommendations refer to the improvement of the law, the unified awareness of the functions and duties of the People’s Procuracy in administrative procedures and the improvement of the apparatus, strengthening the direction, administering at all levels of supervisory work the oversight of the settlement of administrative cases The results of the thesis will make an important contribution to improving the quality of supervising activity of settlement of administrative cases in the People's Procuracy in the coming years./ 24 ... issues on supervising the settlement of administrative cases Chapter 3: The current law provision on the supervision of settlement of administrative cases in Vietnam today and the practical application... Chapter of the topic: "Theoretical issues on supervising the settlement of administrative cases in Vietnam today" when between Vietnam and China have similar political systems and organizational... law in settling administrative cases in order to contribute to the improvement of the ocialist state of Social Republic of Vietnam Secondly, performing the function of supervising the settlement