06 Amendments and Supplements to the Latest 2015 Law on Administrative Procedures

In Article 2 Law on State Audit Amendment 2019, amends and supplements certain provisions of the Law on Administrative Procedures 2015 related to the activities of the State Audit Office, specifically as follows:

Illustrative image (source: internet)

First: Supplement the case of replacement or refusal to proceed with trial procedures of the litigation participant: "Has participated in the drafting of the audit report, issued decisions on addressing complaints within the state audit activities that are subject to lawsuits."

Second: Amend and supplement Clause 1 of Article 68 on provisional urgent measures: "Temporarily suspend the enforcement of administrative decisions, disciplinary decisions of forced dismissal, decisions on handling competition cases, part or entire conclusions, and audit recommendations of the State Audit Office" (The new law has supplemented provisional urgent measures as temporarily suspending the entire conclusions, and audit recommendations of the State Audit Office).

Third: Amend and supplement Article 69 on temporarily suspending the enforcement of administrative decisions, disciplinary decisions of forced dismissal, decisions on handling competition cases, conclusions, and audit recommendations of the State Audit Office, specifically:

- Temporarily suspend the enforcement of administrative decisions, disciplinary decisions of forced dismissal, decisions on handling competition cases if during the trial process there is a basis to believe that the enforcement of such decisions will lead to serious unresolvable consequences.

- Temporarily suspend the enforcement of part or entire conclusions, and audit recommendations of the State Audit Office if during the trial process there is a basis to believe that the enforcement of part or entire conclusions, and audit recommendations will lead to serious unresolvable consequences.

Fourth: Amend and supplement Clause 2 of Article 115 regarding the right to sue, specifically: Agencies, organizations, and individuals have the right to sue against decisions resolving complaints about decisions on handling competition cases, decisions resolving complaints within state audit activities in case they do not agree with those decisions.

Fifth: Amend and supplement several points of Clause 2 Article 193: the power to decide of the Administrative Trial Panel.

Sixth: Amend and supplement points d and e Clause 1 of Article 296 regarding the competence to review decisions of the Council of Judges of the Supreme People's Court.

See more regulations in Law on State Audit Amendment 2019 effective from July 1, 2020.

Thu Ba

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