Pay attention to supporting regional courts in adjudicating and resolving administrative cases.

(Baothanhhoa.vn) - According to the Law amending and supplementing a number of articles of the Law on Administrative Procedures 2015, passed by the National Assembly on June 25, 2025, effective from July 1, 2025, regional courts are responsible for resolving all administrative cases in the area. While this is a type of case with many difficulties and complications, it is requiring attention and support for regional courts.

Judges of People's Court of Region 10 guide and explain the law to litigants in resolving administrative cases.

Administrative cases are often related to decisions and actions of state agencies, with the settlement process often being complicated, requiring caution and thoroughness, avoiding negative consequences for state management and people's rights. Therefore, the proper settlement of these cases is of great significance, both ensuring the publicity, transparency and effectiveness of state management activities and contributing to ensuring political security and social order and safety. This is also part of the reason why the quota for settling administrative cases assigned by the National Assembly to provincial courts is often lower than other types of cases, at 65% or more.

According to the 2015 Law on Administrative Procedures, the authority to resolve administrative cases is mainly assigned to provincial courts. District courts usually only resolve cases of less complicated nature, related to decisions and actions of commune-level administrative agencies. Meanwhile, economic development, the number of investment projects in the province increased rapidly, along with the need for state administrative agencies to clear large areas of land. This has led to an increase in the number of administrative lawsuits in the area over the years as an objective necessity.

According to the report of the Provincial People's Court, from 2020 to present, there has been an increase in administrative lawsuits in the province. For example, in 2022, the two-level court accepted 161 cases (149 cases at the provincial level, 12 cases at the district level). By 2023, the number of administrative cases accepted by the two-level court increased by 15.5%, with a total of 186 cases (181 cases at the provincial level, 5 cases at the district level). By 2024, this number increased by 134.9% with 437 cases (424 cases at the provincial level, 13 cases at the district level).

Judge Le Thi Hieu, Chief of the Administrative Court, Provincial People's Court, said: The subjects of administrative lawsuits in court are mainly administrative decisions and administrative acts of People's Committees and Chairmen of People's Committees at all levels regarding land management. In particular, the lawsuits are mainly requests to cancel land use right certificates; decisions approving compensation and support when the State reclaims land; decisions to resolve complaints in the field of land...

In the process of resolving administrative cases, the two-level courts in the province have focused on organizing dialogues as well as providing guidance and explaining the law to the parties. At the same time, they have proactively coordinated with relevant agencies to collect documents, evidence, and complete files to ensure that the cases are resolved in accordance with the law and not let the cases exceed the trial period. Thanks to that, the quality of administrative trial has been increasingly improved.

However, due to many objective reasons, the rate of administrative case settlement in the past has not reached the desired level. Specifically, in 2022, the two-level court only resolved 91/161 cases, reaching a rate of 56.5%. By 2023, this rate reached 58.6% with 109 cases resolved out of a total of 186 cases accepted. And this is also the common situation in many provincial and municipal courts across the country, not just in Thanh Hoa .

Faced with this situation, in March 2024, the Provincial People's Court launched a specialized emulation movement on resolving civil and administrative cases. Thanks to that, during the year, the two-level court resolved and tried 305 cases, out of a total of 437 cases accepted, reaching a rate of 69.7%, exceeding the target assigned by the National Assembly. In the first 6 months of 2025, despite the large amount of work related to the work of streamlining the organizational apparatus, the court resolved 100 cases out of a total of 290 cases accepted. Notably, through the dialogue and guidance and explanation of the law by the court, 28 cases were voluntarily withdrawn by the litigants.

From the practice of adjudication, Chief Administrative Judge, Provincial People's Court Le Thi Hieu said: The work of resolving administrative cases often encounters many difficulties. In particular, in most cases and matters related to state management of land, the court agency encounters many difficulties in collecting records and documents. This has resulted in a part of the related documents being lost, or the records being incomplete. In addition, there is a situation where some state agencies have not promptly provided records and documents to the court agency within the deadline, causing the time to resolve the case to be prolonged.

In addition, according to the provisions of law, when the defendant is the chairman of the People's Committee or the People's Committee, the person with the authority to participate in the proceedings will be the chairman or vice chairman of the People's Committee. However, when summoned by the court, the People's Committee at the district level often asks for permission to be absent from both the conciliation, dialogue and trial sessions. While in most administrative cases that the court has handled in the past, the defendant is the chairman of the People's Committee at the district level, or the People's Committee at the district level...

In this context, the Law amending and supplementing a number of articles of the Law on Administrative Procedures 2015 stipulates that from July 1, regional courts will be responsible for first-instance trials of all administrative cases in the area. This will be a significant challenge for regional courts. Judge Le Xuan Vinh, Chief Justice of the People's Court of Region 10, said: "Currently, the legal framework for resolving administrative cases has been completed. In addition, people's legal awareness has been improved. However, the biggest difficulty in resolving this case is that many judges of the unit do not have much experience in resolving administrative cases. This is a key and important factor in resolving cases."

Sharing the same view on the difficulties that will be encountered, especially the factor of experience in resolving cases, many judges hope that the higher-level court agencies will strengthen the training and education for the staff holding judicial positions in the regional court to improve the quality of trial and resolution of cases in general and administrative cases in particular. At the same time, they continue to request that state management agencies strengthen coordination with the court in the process of resolving related cases...

Article and photos: Dong Thanh

Source: https://baothanhhoa.vn/quan-tam-ho-tro-toa-an-khu-vuc-trong-xet-xu-giai-quyet-an-hanh-chinh-259482.htm