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A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

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Nội dung chi tiết: A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt RALIAN EXPERIENCEAuthor: Nguyen Van Quang obtained his PhD in Law from La Trobe University, Melbourne. Australia in 2007 and currently is Deputy Head

of International Cooperation Department and Chair of Administrative Law (Postgraduate Studies) at Hanoi Law University, Vietnam. He can be contacted a A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

t nguyenvanquang@hlu.edu.vn.ABSTRACTThis thesis is a critical comparative study of the systems of review of administrative action by courts and tribun

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

als in the Australian and Vietnamese jurisdictions. Its purpose is to determine the feasibility and desirability of applying Australian legal experien

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt lder to make comparisons and. more importantly, to draw on Australian experiences which may be relevant to Vietnam’s legal reform It focuses on four r

elated themes, namely, the models of adjudicative bodies, the scope of judicially reviewable administrative actions, the grounds for review and the po A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

wers of courts in the Australian and Vietnamese jurisdictions. This comparative analysis establishes the basis for a number of proposals for improveme

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

nts in the judicial review mechanism and for the adoption of a model of administrative tribunals 111 Vietnam. The thesis argues that the key to a sens

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt Vietnamese conditions. It then concludes that while Australian experience may oiler Vietnam some ideas about how to reform its administrative law sys

tem, if the reform is to be effective it needs to be carried out gradually, consistent with the Vietnamese context.CHARIER SEVENTOWARDS A w ELL 1 VACI A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

IOAIAG ADM1NIS1RA11V E REVIEW SYSTEM ĨX VIETNAM: PROPOSED REFORMIntroductionOver the last fifteen years, in pursuing the establishment of a socialist

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

law-based state (nlitt nuoc phap quycn xa hoi chu nghia),1 2 * Vietnam has done much lo construct and develop its laws and legal institutions, the pre

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt requirements of regional and international integration.1 The reform of Vietnam's administrative review system in this context is aimed at the constru

ction of a system that can sen e the objectives of judicial reform and meet to meet the goal of accession to the WTO.4 which was achieved on 11 Januar A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

y 2007/■The goal of the establishment of a law-based state was officially launched at the Seventh National Congress of Delegates of the Communist Part

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

y of Vietnam in 1991. This goal was then reaffirmed in Van kien Dai hoi Dang loan quoc [Trans: Documents of the National Congress of Delegates] in 199

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt mmunist Party of Vietnam, that are Nghi quyet so OS-NQ.TWcua Bo Chinh tri ve mot so nhiêm vu trong tam cua cong lac tu phap trong thoi gian toi [Trans

: Resolution of the Political Bureau No 08-NQ TW on Some Judicial Principal Tasks tor the Forthcoming Period], and Nghi quyel so 49-NQ TW ngay 02-6-20 A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

05 cun Ho Chinh tri ve "Chien Itioc cni each tilphap den nnm 2020" [ l eans: Resolution of the Political Bureau No 49-NQ'lW on "Strategy on tor Judici

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

al Reform by the Year 2020 ”]. Tor a summary of these Resolutions in the English language, see "Strategy for Judicial Reform to 2020’ (2006) 12(139) V

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt m's judicial reform reflected m Resolution of the Political Bureau No 08-NQ TW on some judicial principal tasks for the forthcoming period, see Pip Ni

cholson. ’Vietnamese Jurisprudence: Informing Court Reform’ in Pip Nicholson and John Gillespie (eds). .Asian Socialism and Legal Change: the Dynamics A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

of Vietnamese and Chinese Reform (2005) 159.160-70.■Amongst the aims for the development of Vietnam's legal system Io the year 2010. one is to build

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

a legal system which ‘should not only reflect the specific features of this country, but also must meet international standards in order to be able to

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt ec Inter-Agency Steering Committee for Vietnam’s Legal System Development. Report on Comprehensive Needs Assessment for the Development of Vietnam's L

egal System Io the Year 2010 (2001), 25-6 A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

nal Assembly (To trinh Quoc hoi) No. 15 CP-XDPL dated 21 October 2005 on the draft of the amended Law on Complaints and Denunciations (Luat Kliieu nai

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

. To cao) (unpublished material, on file with author).The granting of administrative jurisdiction to die people's courts in 1996 marked the establishm

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt esolved only via the internal review system. Since then there have been continued debates about how to improve the quality of the administrative adjud

ication of the people's courts. While rhe judicial review of administrative action is becoming an increasingly recognised channel for resolving admini A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

strative disputes.0 much work needs to be done to enhance its effectiveness. One of the obvious examples is that although the administrative jurisdict

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

ion of the courts has been gradually extended, the courts lack the capacity to cope with the increasing number of administrative disputes between admi

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt re is a widespread belief that administrators do not usually correct their wrong decisions, and as a result the internal review system does not seem t

o be trusted.* 6 * * 9 10 In fact, for several reasons, as a high ranking state official has claimed, a large percentage of internal review decisions A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

have been concluded to be wrong.11 However, as opportunities to use external review mechanisms are limited, people still have to rely heavily on the i

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

nternal review system.Several solutions to the above problems have been proposed. On the one hand, having proposed and implemented several reforms, Vi

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt news e new$07 eacc Vietnam lljanO" e.htm > at 11 January 200" for information of Vietnam's membership to the WTO.6 See 'Dan kien co quan cong quyen:

Chuyen khong con hiem [Trans: Ordinary' People Sue Public Authorities: It Is No Longer a Rare Story]* (2004) '-http: vnexpress.net VietnamPhap-ỊuatJ^Q A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

4 Q2JB2CES29 -' at 02 April 2004.For more details see section II of Chapter Four and section I.B.2.a of this Chapter of the thesis.3 See Nghía Nlian.

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

*Nganh toa an kho kham noi viec XU ly tranh chap dat dai [Trans: Courts Are Unendurable to Resolve Land Disputes]' (2003)luat 2003 07 3B9C9DE9 >at 22

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt 03) '-http:'.,wwtv.vnii.vn'422'2003 7/21466/-' at 22 July 2003.; See Anil Thu. 'Giai quyet kJiiett nai khong the 'vua (ìa bong vua thoi coi' [Trans: R

esolving Complaints Cannot Be 'Playing and Refereeing at the Same Time']' (2005) at 6 Marc A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

h 2006 See also Van Tien. 'Nen thanh lap co quan tai phan haidi Chĩnh? [Trans: Should Administrative Tribunals Be Established?]* (2005) clutp: www.vmi

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

.vn chinhui doinoi 2005 04 410050 > at 20 March 2006.10 For more details, see below at 1124.cases.11 On the other hand, the debate about whether Vietn

A COMPARATIVE STUDY OF THE SYSTEMS OF REVIEW OF ADMINISTRATIVE ACTION BY COURTS AND TRIBUNALSIN AUSTRALIA AND VIETNAMWHAT VIETNAM CAN LEARN FROM AUSTR

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt .12 * 14 The idea of establishing administrative tribunals in Vietnam is well supported, on the basis that administrative tribunals could not only ove

rcome the inadequacies of internal review, but the resolution of administrative complaints by these administrative tribunals could also be more effect A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

ive than that achieved by the courts.15 Although some people arc still concerned about the justification for the establishment of such tribunals in th

A comparative study of the systems of review of administrative action by courts and tribunals in australia and vietnam what vietnam can learn from australian experience (excerpt

e conditions of Vietnam.’' the recent proposal of the Ministry of Natural Resources and Environment (Bo lai nguycn va Moi truong) to set up land tribu

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