Vietnam: 48 issues in the inspection of the resolution of civil, marriage and family cases resolved under the Official Dispatch 1083/VKSTC-V9?

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• Vietnam: 48 issues in the inspection of the resolution of civil, marriage and family cases resolved under the Official Dispatch 1083/VKSTC-V9?
• What is the compilation of Official Dispatches addressing issues in the inspection of the resolution of civil cases issued by The Supreme People's Procuracy of Vietnam?
• What is the resolution when the Supreme People's Procuracy of Vietnam makes recommendations to the court but the court does not respond?

Vietnam: 48 issues in the inspection of the resolution of civil, marriage and family cases resolved under the Official Dispatch 1083/VKSTC-V9?

On March 26, 2024, The Supreme People's Procuracy of Vietnam issued Official Dispatch 1083/VKSTC-V9 in 2024 to address the difficulties encountered in the inspection of the resolution of civil, marriage, and family cases in Vietnam.

Thus, the Procuracy has resolved 48 issues in the inspection of the resolution of civil, marriage and family cases, including:

(1) The Civil Procedure Code stipulates the time for the Procuracy to study the case files to participate in the trial and exercise the right to appeal, which is not reasonable.

(2) The transfer of civil case files, sending judgments and decisions to the Procuracy has not been carried out by the Court within the legal time limit.

(3) What should be done when the Procuracy requests the Court to perform certain tasks, but the Court fails to comply or only partially complies?

(4) When the Procuracy requests agencies or organizations to provide documents and evidence, but they fail to comply or do so in a timely manner, how should it be resolved?

(5) When the Procuracy makes recommendations to the Court but receives no response, how should it be resolved?

(6) The law does not require the Court to transfer files and documents to the Procuracy when sending notifications of jurisdiction, returning lawsuit applications/requests, decisions recognizing the agreement of the parties, decisions to suspend, or decisions to temporarily suspend the resolution of civil cases, which creates difficulties for the inspection.

(7) The Civil Procedure Code does not stipulate that the Procuracy must participate in 100% of the first-instance trials, making it difficult to detect violations for appeals or recommendations.

(8) The Civil Procedure Code stipulates that if the Procuracy is absent, the trial panel can still proceed with the trial, which does not guarantee the oversight function of the Procuracy because in practice, there are many tasks at the local level that prevent full participation in the trial.

(9) In cases where the Procuracy is not initially required to participate in the trial, but the trial panel decides to temporarily suspend the trial to collect documents and evidence, if the Court does not send the case files to the Procuracy for study and participation in the trial, is this correct?

(10) The requirement for the Procuracy to submit a speech immediately after the end of the trial is not suitable in practice and creates difficulties for the Procuracy.

(11) The Civil Procedure Code does not stipulate that the Procuracy can directly participate in the examination and appraisal on the spot, which creates difficulties for the inspection in resolving civil cases.

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For the full content, please refer to Official Dispatch 1083/VKSTC-V9 in 2024

Vietnam: 48 issues in the inspection of the resolution of civil, marriage and family cases resolved under the Official Dispatch 1083/VKSTC-V9? (Image from the Internet)

What is the compilation of Official Dispatches addressing issues in the inspection of the resolution of civil cases issued by The Supreme People's Procuracy of Vietnam?

Pursuant to Appendix 1 accompanying Official Dispatch 1083/VKSTC-V9 in 2024, there is a compilation of Official Dispatches addressing issues in the inspection of the resolution of civil cases issued by The Supreme People's Procuracy of Vietnam, including:

What is the resolution when the Supreme People's Procuracy of Vietnam makes recommendations to the court but the court does not respond?

In the answer to question 5 of Official Dispatch 1083/VKSTC-V9 in 2024, it is stated that the resolution for the situation where the Supreme People's Procuracy makes recommendations to the court but the court does not respond is as follows:

- For recommendations from the Procuracy made in writing, the law stipulates the court's responsibility to respond as follows:

+ Recommendations for transferring civil cases to the competent court, decisions on the application, amendment, cancellation, or non-application of temporary urgent measures, recommendations for returning lawsuit petitions, requests, decisions to maintain the return of lawsuit petitions, requests, recommendations for deciding to settle the case through simplified procedures, recommendations from the Council of Judges of the Supreme People's Court... The Regulations on Inspection and Supervision by the Procuracy have prescribed that the court is responsible for resolving within a specific time frame and must send the decision on resolving the recommendation to the Procuracy. If the court fails to send or delays sending the decision to the Procuracy, the Procuracy exercises its right to make recommendations.

+ For recommendations from courts at the same level or lower level to rectify legal violations in handling complaints and denunciations, Article 35 of Joint Circular 02/2016/TTLT-TANDTC-VKSNDTC stipulates that the court is responsible for responding in writing within 15 days from the date of receiving the Procuracy's recommendation. In complex cases requiring more time, the court must notify the Procuracy of the reasons and respond to the Procuracy within 30 days from the date of receiving the recommendation. If the court does not respond or delays the response, the Procuracy exercises its right to make recommendations.

+ For comprehensive recommendations from the court to rectify violations in the resolution of civil cases, the court is responsible for responding according to the provisions of Clause 2 Article 5 of the Law on organization of People’s Procuracies 2014. In the recommendation document, the Procuracy needs to determine a reasonable deadline for the court to respond. If the court does not respond within the deadline, the Procuracy exchanges, reminds, urges, or reports to the higher-level Procuracy for recommendations.

- Recommendations made orally are addressed during the court session. Clause 1 Article 28 of Joint Circular 02/2016/TTLT-TANDTC-VKSNDTC stipulates: "In the case where the Procuracy requests the adjudicating panel to rectify procedural violations, the adjudicating panel considers and decides to accept or reject the request; in the case of rejection, the reasons must be clearly stated. The decision regarding acceptance or rejection by the adjudicating panel is discussed and approved in the courtroom and recorded in the court minutes." The Procuracy must supervise the court minutes regarding this matter to have a basis for continuing the recommendations if necessary.