Delegation of authorizative power and the current resolution of adminstrative cases in Vietnam

Abstract

Delegation of administrative power has a significant impact to the proper operation of the state administration as well as the hearing of the administrative cases. This article analyzes and makes clear the nature and contents of the delegation of administrative power, renders a definition on delegation of administrative power, and gives opinion on the relationship between the delegation of administrative power and the determination of participants in administrative cases, points out the impact of delegation of administrative power upon the court’s judgment in administrative cases under the Vietnamese laws. Moreover, the article proposes for the completion of the administrative procedures toward the increase of the subjects to receive the delegation of administrative power from the defendant to take part in the procedures to give conditions for the faster handling of administrative cases and ensure the legitimate rights and interests of individuals and organizations.