Official Dispatch 206/TANDTC-PC 2022: Supreme People's Court addresses obstacles in the adjudication of criminal cases, civil cases, and administrative cases
The Supreme People's Court has issued Official Dispatch 206/TANDTC-PC to address obstacles in the trial of criminal cases, civil cases, and administrative cases.
On December 27, 2022, the Supreme People's Court issued Official Dispatch 206/TANDTC-PC in 2022 to announce results of online clarifications on some obstacles in the trial work.
The purpose of Official Dispatch 206/TANDTC-PC in 2022 is to clarify certain issues encountered during the trial of criminal, civil, and administrative cases, as well as in mediation and dialogue work in trial processes.
To be specific, Official Dispatch 206/TANDTC-PC in 2022 provides guidance on resolving 30 issues in the trial work, specifically:
- 03 issues in Criminal Trials
- 07 issues in Criminal Procedure Trials
- 06 issues in Civil Trials, Civil Procedure
- 05 issues in Commercial Business Trials
- 07 issues in Administrative Trials, Administrative Procedures
- 03 issues in Mediation and Dialogue Work at the Courts
Official Dispatch 206/TANDTC-PC 2022: Resolving how many issues in the trial of criminal cases, civil cases, and administrative cases?
What offense does a person commit if they destroy property belonging to a historical-cultural monument or a scenic spot valued at 100 million dong or more?
Based on Subsection 3, Section I of Official Dispatch 206/TANDTC-PC in 2022, the explanation is as follows:
3. A person who destroys property belonging to a historical-cultural monument or a scenic spot valued at 100 million dong or more commits the offense of “Violating regulations on protection and use of historical-cultural monuments and scenic spots causing serious consequences” under Article 345 of the Criminal Code or the offense of “Destroying or intentionally damaging property” under Article 178 of the Criminal Code or both offenses?
In cases where a person destroys property belonging to a historical-cultural monument or scenic spot, thus causing the property to be damaged or lose its utility value, they will be prosecuted for the offense of Destroying or Intentionally Damaging Property under Article 178 of the Criminal Code if all the elements constituting the offense are met.
According to the aforementioned regulation, if all the elements constituting the offense are met, in cases where a person destroys property belonging to a historical-cultural monument or scenic spot, thereby damaging the property or causing it to lose its utility value, they will be prosecuted for the offense of Destroying or Intentionally Damaging Property under Article 178 of the Criminal Code 2015.
Can the Court adjudicate a lawsuit filed regarding a decision on land reclamation related to a defense project?
Based on Clause 1, Article 30 of the Law on Administrative Procedures 2015 (amended by Clause 7, Article 2 of the Law Amending the Law on State Audit 2019), the provisions are as follows:
Complaints within the jurisdiction of the Court
1. Complaints against administrative decisions, administrative acts, except for the following decisions and acts:
a) Administrative decisions and acts within the scope of state secrets in the fields of national defense, security, and foreign affairs as prescribed by law;
b) Decisions and acts of the Court in applying administrative handling measures, handling acts hindering procedural activities;
c) Internal administrative decisions and acts of agencies and organizations.
- Complaints against disciplinary decisions of dismissal against officials holding positions from General Director and equivalent or downwards.
- Complaints against decisions on complaint resolution regarding decisions handling competition cases, decisions on complaint resolution in state audit activities.
- Complaints against voter lists.
Based on Subsection 3, Section V of Official Dispatch 206/TANDTC-PC in 2022, the guidance is as follows:
3. Can the Court adjudicate a lawsuit filed regarding a decision on land reclamation related to a defense project?
According to Point a, Clause 1, Article 30 of the Law on Administrative Procedures 2015, complaints not within the jurisdiction of the Court include:
“a) Administrative decisions and acts within the scope of state secrets in the fields of national defense, security, and foreign affairs as prescribed by law."
Therefore, the Court must review and evaluate the evidence to determine whether the land reclamation of that project falls within the scope of state secrets in the field of national defense. If it does not fall within the above field, it is still under the jurisdiction of the Court.
Administrative decisions and acts within the scope of state secrets in the fields of national defense, security, and foreign affairs as prescribed by law are not under the jurisdiction of the Court.
Thus, according to the above regulations regarding the handling of a lawsuit filed concerning a decision on land reclamation related to a defense project, the Court must review and evaluate the evidence to determine whether the land reclamation of that project falls within the scope of state secrets in the field of national defense. If it does not fall within the above field, it is still under the jurisdiction of the Court.
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