CHAPTER-6

Chapter 6.
Administrative Law and Administrative Procedures Law
Question 1. Is the following statement true or false? Why?
Comment 1. “The decision to recruit court clerks” is subject to the Administrative law.
True. Subject relate to state management belong to state agency not administrative agency.
Comment 2. “The judgment forces company B to pay compensation to customer A because this
company sold poor quality goods” is subject to the Administrative Law.
False. Not belonging to any group in pages 120-121
Question 2. Choose the correct answers
2.1. The adjustment method of the administrative law branch is:
a. Commanding – obeying
b. Agreement – equality
c. Voluntary
d. Both a and b are correct
2.2. Administrative relations always have:
a. One party is the subject of using state power
b. One side is a citizen - the other side is a state agency
c. Both sides are state agencies
d. All are incorrect
2.3. Which of the following is a state administrative agency?
a. People's Committee of District 1
b. People's Court of District 1
c. District 1 People's Procuracy
d. District 1 Judgment enforcement agency
2.4. Which agency is not a state administrative agency?
a. District 1 People's Police
b. People's Committee of District 1
c. Ho Chi Minh City Department of Education and Training
d. The Ministry of environment & natural resources

Question 3. Mark (v) to determine True / False
True False
1. Constituents of administrative violations include subject, object,
x
subjective and objective.
2. All individuals from the age of 14 must bear administrative responsibility
x
for administrative violations.
3. “The act of dumping garbage into canals and causing water pollution” is
x
the objective side of an administrative violation.
4. The traffic police have the right to decide a sanction for an administrative
violation if it is suspected that a certain individual A will be at risk of x
running a red light.
5. “Warning” cannot be applied as the main penalty in handling
x
administrative violations.
6. “Monetary penalties” may be imposed as additional penalties. x
7. Administrative violators do not have the right to prove that they do not
x
commit administrative violations.
8. Titles under the Customs Authority do not have the power to sanction
x
9. Positions under the police agency have the power to sanction
x
10. All administrative violations shall be sanctioned according to normal
x
administrative sanctioning procedures.
2. Persons from full 14 years old to under 16 years old who are administratively sanctioned for
administrative violations committed intentionally, from full 16 years old or older must bear
responsibility for all administrative law violations committed by themselves. cause.
5. Sanctions applied as the main punishment, including warnings and fines.
6. Additional penalties include: deprivation of the right to use licenses, practice certificates with a
definite term or suspension of operations for a definite time; confiscation of material evidences and
means of administrative violations, expulsion.
7. Sanctioned individuals and organizations have the right to prove themselves or through their
lawful representatives to prove that they have not committed administrative violations.
10. Procedures for sanctioning administrative violations are divided into two types: simple
procedures and ordinary procedures.
Question 4. How many stages does administrative proceedings take place? Make a brief
presentation.
According to the 2015 Law on Administrative Procedures, the administrative case settlement process
can be divided into the following stages:
(1) the stage of initiating a lawsuit, accepting the administrative case,
(2) trial preparation stage.
(3) preliminary trial stage

(4) the appellate trial stage (in case of an appeal by the involved parties, the Procuracy's protest
according to the appeal procedure
(5) the administrative judgment execution phase. In addition, there are administrative cases. may be
resolved under the special procedure - the review procedure legally effective judgments or decisions
according to director procedures judge, re- examination.
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Chapter 6.

Administrative Law and Administrative Procedures Law

Question 1. Is the following statement true or false? Why?

False. Not belonging to any group in pages 120-121

Question 2. Choose the correct answers

2.1. The adjustment method of the administrative law branch is:

d. Both a and b are correct

2.2. Administrative relations always have:

a. One party is the subject of using state power

b. One side is a citizen - the other side is a state agency

c. Both sides are state agencies

d. All are incorrect

2.3. Which of the following is a state administrative agency?

a. People's Committee of District 1

b. People's Court of District 1

c. District 1 People's Procuracy

d. District 1 Judgment enforcement agency

2.4. Which agency is not a state administrative agency?

a. District 1 People's Police

b. People's Committee of District 1

c. Ho Chi Minh City Department of Education and Training

d. The Ministry of environment & natural resources

5. Sanctions applied as the main punishment, including warnings and fines.

(1) the stage of initiating a lawsuit, accepting the administrative case,

(2) trial preparation stage.

(3) preliminary trial stage

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