On February 24, 2023, the Chief Justice of the Supreme People's Court issued Decision No. 39/QD-CA announcing seven precedents applied in trial activities from March 27, 2023. Among these precedents, ATA Legal Services would like to update the basic contents of Precedent No. 63/2023/AL on reviewing administrative decision related to complained administrative acts ("Precedent 63").
Precedent 63 sets out the legal situation where the petitioner complaining about the administrative decision and administrative acts related to the administrative decision having the statute of limitations for lawsuits expired, but that of the relevant administrative acts still remains.
In this account, Precedent 63 provides that: The court must handle the petition and has the right to assess the legitimacy of the administrative decision related to the complained administrative act regardless its statute of limitations for lawsuits.
In our opinion, in order to apply Precedent 63, the following conditions must be satisfied:
- The subject of the lawsuit must be an administrative decision and an administrative action in the same case.
- The statute of limitations for lawsuits of the administrative act still remains. In which, the beginning of the statute of limitations is the date on which the petitioner is aware of the administrative act (not the date on which the administrative act is performed).
- The administrative act is in relevance with the administrative decision, specifically: the administrative decision is the "premises", and "basis" of the administrative act; the administrative action is stem from the administrative decision.
In general, the issuance of Precedent 63 with the content requiring the court to deal with the legitimacy of the complained administrative decision regardless its statute of limitations for a lawsuits will contribute to protecting the legitimate rights and interests of organizations and individuals in the procedural relationship with competent state agencies.
Comment: