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The role of lawyers in the complaint and administrative cases

Administrative actions is the behavior of the State administrative bodies, agencies and other organizations or competent person in the agency or organization to perform or not perform tasks and public duties as provided for by law .

Administrative decision is a written decision of the State administrative bodies or competent person in the State administrative bodies once applied for one or more specific object of a specific problem in active management Primary action.

When the administrative action and administrative decisions unlawful about rights and legitimate interests of citizens are infringed upon. However, the determination of the administrative action which is unlawful, public administrative decision complained of is quite complex problems, must master the legal text adjustment. So, need to identify the subject matter, the sequence of the administrative case.

As stipulated in Article 11 of the Administrative Procedure Code, the litigants can themselves or by lawyers or other persons to protect the legitimate rights and interests of their. The court has the responsibility to ensure the exercise of the right to the litigants protection of the legitimate rights and interests of them. lawyers involved in the case of administrative proceedings as the representative of parties or others protect the rights and legitimate interests of the litigants.

As stipulated in Clause 4 of Article 55 of the Administrative Procedure Code, the representative of the litigants, lawyers have the after rights and obligations:

  • Participation in legal proceedings from initiate lawsuits or any stage of procedural process;
  • Verification, collecting evidence and provide evidence to the Court, the case study profiles and recorded or copies of the documents enclosed in the case file to implement the protection of rights and legal interests of the litigant;
  • Participate in the court hearing or in writing protects the legitimate rights and interests of the litigant;
  • On behalf of litigants require changing person to conduct legal proceedings, other participants in the proceedings under the provisions of this Law;
  • Debate at the trial;
  • Must be present to the summonses of the court;
  • Respect Court, strictly abide by the court rules.

Gia Hoang Lawyers assistance customers the following issues:

  • Consulting grievance procedures, resolve administrative cases;
  • Protect the legitimate rights and interests of citizens in the process of resolving the complaint, the administrative case;
  • Authorized representative at of the client involved in the process settlement of complaints and administrative cases;
  • Perform other operations as prescribed by law.

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