Improving legal provisions on resolving claims for compensatory damages in administrative cases

Abstract

Resolving claims for compensatory damages in administrative cases contributes to promptly restoring the legitimate rights and interests of the parties damaged by unlawful state administrative activities and to saving time and litigation costs. The 2015 Law on Administrative Litigation (amended and supplemented in 2019) and the 2017 Law on State Compensation Liability have made progressive and appropriate provisions for resolving claims for compensatory damages in administrative cases. However, the law on resolving these claims still has certain limitations, which lead to difficulties and obstacles in implementation. This article evaluates the current status of the provisions on compensatory damages claims in administrative cases by analysing legal provisions, pointing out flaws in these provisions and their practical application, and thereby proposing some recommendations to improve the law on resolving claims for compensatory damages in administrative cases in Vietnam.