Forms and Procedures for Applying the Law

- Law enforcement is a highly organized activity . Law enforcement is highly organized because it is both a form of law enforcement and a form of state organization for entities to implement legal provisions.

This activity must be carried out according to very strict conditions, procedures and processes prescribed by law. These procedures are often different in different cases of law application depending on specific provisions of the law. For example, the procedures for granting Land Use Rights Certificates to different entities are different from the procedures for granting marriage certificates or different from the procedures for admission, training, graduation recognition and granting of graduation certificates to learners.

In general, decisions issued by competent authorities in the process of law enforcement have a great impact on the interests of the subject. They can bring great benefits to people (for example, decisions on land use rights, decisions on salary increases, decisions on graduation recognition, etc.), but they can also force people to suffer very serious consequences (for example, decisions on administrative sanctions, criminal sentences, etc.). Therefore, to ensure the correctness and accuracy of the law enforcement process, this activity cannot be carried out arbitrarily but must follow the procedures and processes and on the basis of very strict conditions prescribed by law. Of course, those procedures and processes cannot be the same in all cases, but will vary from case to case depending on the nature of the case. For example, the order and procedures for reviewing and granting a Marriage Certificate will be different from the order and procedures for recognizing graduation for students, and even more different from the order and procedures for handling administrative violations... [14, p.15].

- Law application is subject to conditions, processes and procedures strictly prescribed by law. It is a special process of law implementation to ensure that the law is valid in practice. To avoid arbitrariness, such activities must be strictly regulated in terms of procedures, order, time and form; depending on each field, there are different procedures, processes and forms of law application. The procedural regulations can be complete or shortened according to the provisions of law. There is no common procedure for all fields of law application in practice.

- Law application is an individual regulatory activity, this activity can be the concretization of rights, obligations or the individualization of legal sanctions [14, p.16]. On the subject's side, thanks to the application of law, it is possible to determine the necessary legal limits in terms of the content of rights, obligations, responsibilities, as well as related legal responsibilities when participating in legal relations. Law application is an activity that needs to be detailed accurately and meticulously from general requirements to requirements that are close to the conditions in which the norm exists.

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- Law enforcement is an activity that requires high creativity from competent authorities . Competent authorities proactively analyze and evaluate possible situations to find the most reasonable, economical and effective options. Creativity in the process of law enforcement is required to be very high, not passive or mechanical, because otherwise it will not ensure the statute of limitations and time limits prescribed by law for handling cases. Creativity is mainly in the technical and organizational aspects, not in terms of content.

- The result of law enforcement is the issuance of individual law enforcement decisions . These are individual administrative decisions and administrative acts of competent persons to implement the provisions of law.

1.1.2. Forms and procedures for applying the law

1.1.2.1. Forms of law enforcement

The form of law application in practice is extremely diverse and flexible. In terms of the ability to realize legal rights and obligations, it can be seen that law application activities are carried out in the following cases:

First, when the legal rights and obligations of the subject do not automatically arise, change or terminate .

Considering the content of specific provisions of the law, we see that, although many legal norms have clearly stipulated the rights and legal obligations of subjects, the subjects cannot exercise those rights and obligations by themselves but need the intervention of the state through the activities of agencies, organizations or

competent individuals. For example, the Constitution and the law recognize the right and obligation to study for citizens, but citizens can only exercise those rights and obligations when they are called to enroll and study at a training institution. It is the recruitment and training organization activities of training institutions that help citizens exercise their right and obligation to study. Similarly, if a person is not appointed to a higher position in an agency, the legal relationship between that person and the agency does not change. From the time of the appointment decision of the competent person, the legal rights and obligations of the appointed person with the agency have changed compared to before. If there is no retirement decision of the agency, the labor legal relationship between a person and the agency has not ended. Thus, it can be seen that without the intervention of a competent agency, organization or individual as prescribed by law, many specific legal relationships cannot arise, change or terminate. It is the law enforcement activities of that competent entity that will give rise to, change or terminate legal relationships.

Second, when there is a dispute about legal rights and obligations between subjects that they cannot resolve among themselves and require the intervention of a competent subject.

If in the above case, it is necessary to rely on the application of law to create a specific legal relationship, this case is different in that a specific legal relationship has arisen, the parties have legal rights and obligations towards each other, but one or all parties do not perform or do not perform correctly or fully their legal obligations, leading to a dispute that they cannot resolve among themselves and require the intervention of a competent subject. The subject with the authority to apply the law will act as an arbitrator to resolve that dispute. For example, a landlord sues the court to claim a rented house, the court accepts and resolves that case, that is, applying the law to resolve the dispute between the landlord and the tenant.

Third, when it is necessary to apply state coercive measures to law-breaking entities .

To ensure that the law is strictly and voluntarily implemented by all subjects in society, many legal norms have stipulated the state coercive measures that need to be applied to violators in its sanctions section. Applying a specific state coercive measure to a specific subject means forcing them to suffer adverse legal consequences or certain damages to property, personality, freedom, etc. Therefore, to ensure social justice, only competent subjects can apply it and their application activities must be carried out according to strict conditions, procedures, and processes prescribed by law. Examples of this case are traffic police punishing traffic violators, school disciplinary councils disciplining cadres, teachers, or students who violate discipline, etc.

Fourth, when it is necessary to apply state coercion to subjects who do not violate the law but only for the common good of society .

In social life, everyone has and cares about their own interests and legitimate interests will be protected by the state. However, there are special cases where, in order to protect the common interests of the whole society and the whole community, the state is forced to infringe upon the private interests of certain subjects. To ensure the correctness, rationality and appropriateness of such "infringement", the state must specifically stipulate in law the "infringement" measures, subjects, conditions, order and procedures for applying such measures. When a specific subject is subject to one of these measures, it means that they have suffered the coercion of the state, they have suffered certain damages even though they have not violated the law but are purely for the common interests of society and the community. For example, to serve the construction of public works, competent state agencies must issue decisions to reclaim land from entities that have legal rights to use that land area, and of course, the entities that are using that land must return that land to the state and receive compensation from the state.

Fifth, when it is necessary to apply forms of reward to entities with achievements according to the provisions of law .

The laws of contemporary states not only prescribe sanctions for law-breaking subjects but also prescribe many forms of rewards for subjects with achievements in certain activities or in law enforcement. The purpose of prescribing such measures is to repay the gratitude of those who have contributed to the country and society; to encourage and motivate subjects to work enthusiastically, strive to achieve the best results in their activities as well as to encourage subjects to voluntarily comply with the law, making the law more serious and voluntary. Therefore, in Vietnam, in addition to the Penal Code and the Ordinance on Handling Administrative Violations, there is also the Law on Emulation and Commendation, and in the majority of legal documents, there are provisions on rewarding those who comply well with the provisions in the document before prescribing penalties for those who violate it. For example, the fact that competent authorities consider awarding certificates of merit or state honorary titles to a certain entity is applying the law in this case.

Sixth, when it is necessary to inspect and supervise the implementation of legal rights and obligations of subjects in certain legal relationships according to the provisions of law .

When participating in legal relations, subjects have certain rights and obligations as prescribed by law. There are legal rights and obligations whose implementation is only related to the interests of the individual performing them, but there are legal rights and obligations whose implementation is related to the interests of other subjects, the common interests of society, and the community. Therefore, it is necessary to inspect and supervise the implementation of those rights and obligations to ensure their correctness and accuracy. Such inspection and supervision activities are only carried out by competent subjects according to strict procedures prescribed by law. For example, the National Assembly's supervision activities on the Government, the Prime Minister, etc. are aimed at applying the Law on National Assembly supervision; the activities of the prosecution agency when supervising compliance with the law during the process of prosecution, investigation, prosecution, trial and execution of judgments, etc.

Seventh, when it is necessary to confirm the existence of a specific factual event as prescribed by law .

In reality, there are documents, degrees, and certificates that have long-term legal value and their owners need to keep them carefully. However, sometimes, those documents need to be photocopied to prove their presence and existence in reality. The certification activities of the People's Committee and the notary office to create a legal basis for certain documents, degrees, etc. are the application of the provisions of the notary law in reality.

1.1.2.2. Law enforcement process

Procedures are steps and sequences that must be followed when carrying out a certain task. Law enforcement is a process that includes many activities that are organically related to each other, carried out by competent entities according to the provisions of law to individualize legal sanctions or individualize legal rights and obligations for the entity. Because the law regulates a variety of fields, the application of the law is also very diverse. In fact, the difference in content and requirements in the fields of law regulation has brought about certain differences in the process of law enforcement and application. There cannot be a common law enforcement process for all fields and all social relations.

In short, the law enforcement process is the order and procedure for carrying out activities that are organically related and unified with each other, carried out by competent entities to realize the content of legal regulations in life when resolving specific legal cases [14, p.22].

The law enforcement process has the following basic characteristics:

- The process of applying the law is prescribed by law.

Law enforcement is a specific activity of the state in social management. Law enforcement is a state power activity. All activities, steps (or stages) of the law enforcement process are prescribed by law. Activities in the law enforcement process are closely related and unified with each other. That requires the subjects with the authority to apply the law to only exercise their rights and obligations within the framework of the law. Even the subjects

Those who do not have the authority to apply the law but are related to the application of the law cannot arbitrarily carry out activities that are contrary to or not permitted by the law. Because they are regulated by law, the process of applying the law is related to both types of legal norms: substantive legal norms and formal legal norms or procedural norms.

- The process of applying the law is subject to the provisions of the content and nature of the case to be resolved.

When applying the law, the competent authority must determine the content and nature of the case to be resolved, and then on that basis, choose the correct procedure to be carried out. That is, we cannot use the procedure for applying the law in one field to apply to another field. For example, we cannot use the procedure for trying criminal cases prescribed in the Criminal Procedure Code to replace the procedure for trying civil cases prescribed in the Civil Procedure Code. This shows that the procedure for applying the law includes many different specific activities and is carried out by many subjects, but it is closely related to the content of the case to be resolved.

- Participating in the law enforcement process, there is always an entity that represents the state or is allowed to use state power to conduct law enforcement activities.

Speaking of law enforcement is speaking of the role of the state in resolving practical legal issues. The essence of law enforcement is the process of institutionalizing state power to regulate specific events. For that reason, participating in the law enforcement process is always the subject representing the state or permitted to use state power, this subject directly conducts law enforcement activities, has a decisive role in the law enforcement process and is the subject with the right to make decisions on law enforcement to resolve cases. That subject is mainly state agencies, organizations or individuals in charge of tasks in those agencies and organizations, but it can also be conducted by agencies and organizations permitted or empowered by the state. For example, training institutions established or permitted to be established by the State can apply the law in organizing enrollment, training,

recognition of graduation and award of degrees to students

Law enforcement activities are diverse and need to be guaranteed by the strength of state power so that relevant entities can respect and enforce them legally.

The process of applying law can be classified based on many different criteria.

each other

- Based on the actual content of law enforcement activities, it can be divided into

The process of prosecuting legal responsibility and the process of individualizing legal rights and obligations. The process of prosecuting legal responsibility is a set of procedural steps that includes many activities carried out by competent entities to individualize legal sanctions and apply punitive measures to law-breaking entities. Prosecuting legal responsibility is an activity carried out by many different entities, therefore, each entity participates in a certain stage in the stages of that process. For example, to prosecute a criminal, it is necessary to go through stages such as prosecution, investigation, prosecution and trial. These stages are decided by competent entities conducting criminal proceedings such as the police, the prosecutor's office, the court and many other agencies and individuals participate in the proceedings. The process of individualizing legal rights and obligations is different from the process of prosecuting legal liability in that it does not involve violations of the law but simply determines the content and scope of legal rights and obligations for the subjects participating in legal relations.

- Based on the order and procedures for carrying out specific activities in practice, they can be divided into full procedures and abbreviated procedures. Full procedures are procedures that include all activities of the stages of law application. Abbreviated procedures are procedures that do not necessarily have to go through all activities of the stages of law application.

- The process of applying law can be identified according to each field of law regulation, such as the process of applying civil law in recognizing and protecting the property rights of owners, in resolving civil disputes; the process of applying land law in granting land use right certificates to land users, the process of applying labor law in

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