What are the 4 specific steps in supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
- What are the 4 specific steps in supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
- Vietnam: Which unit has the authority to carry out the inspection?
- Which unit is responsible for presiding over and coordinating in the supervision of settlement of complaints and denunciations in Vietnam?
The Prosecutor General of the Supreme People's Procuracy of Vietnam has just signed and promulgated Decision 222/QD-VKSTC in 2023 on the Regulation on citizen reception, settlement of complaints and denunciations, and supervision of the settlement of complaints and denunciations in judicial activities.
What are the 4 specific steps in supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
Pursuant to Article 18 of the Regulation promulgated together with Decision 222/QD-VKSTC in 2023 stipulating specific steps in the implementation of supervision.
- Step 1: Study the application or written request of the competent authority or other sources of information and documents related to the settlement of complaints and denunciations in judicial activities;
+ If necessary, can work directly with the complainant, the complained person, the denouncer, the denounced person, the related person to verify the issues that need clarification or collect information, documents and other necessary evidence.
- Step 2: Compare with corresponding provisions of law to identify signs of violation or conclude violations in the settlement of complaints and denunciations in judicial activities (about competence, procedures, time limit, etc.) deadlines and settlement content).
- Step 3: Apply appropriate control measures and issue conclusions, recommendations and protests as prescribed in Article 17 of this Regulation.
+ During the application of control measures, if necessary, continue to perform the steps specified in Clauses 1 and 2 of this Article.
- Step 4: The conduct of supervision and inspection of the implementation of petitions and protests must be documented.
+ The dossier must contain all inspection or inspection documents issued according to regulations and other relevant documents.
+ Records must be numbered in the order of documents and stored in accordance with the law.
Thus, there are four specific steps in monitoring the settlement of complaints and denunciations in judicial activities according to the above process.
What are the 4 specific steps in supervising the settlement of complaints and denunciations in judicial activities in Vietnam? (Internet picture)
Vietnam: Which unit has the authority to carry out the inspection?
Pursuant to Article 16 of the Regulation promulgated together with Decision 222/QD-VKSTC in 2023 stipulating the competence and tasks to carry out supervision as follows:
- Procuracies at all levels supervise the settlement of complaints and denunciations in judicial activities by competent agencies at the same level and at lower levels in accordance with law.
The unit that supervises and settles complaints and denunciations in judicial activities shall assume the prime responsibility for, and coordinate with other professional units in, advising and assisting the Head of the Procuracy at their level in supervising the settlement of complaints. complaints and denunciations in criminal proceedings, civil proceedings, administrative proceedings, bankruptcy proceedings;
+ Supervise the settlement of complaints about acts of competent persons of the People's Court in applying administrative handling measures, considering and deciding to send drug addicts from full 12 years old to under 18 years old. age of entering compulsory detoxification establishments.
- The unit that supervises the custody, temporary detention and criminal judgment execution shall assume the prime responsibility for, and coordinate with the procuracies unit in, and settle complaints and denunciations in judicial activities in advising and assisting the Director of the Institute. The procuracies of their respective levels shall supervise the settlement of complaints and denunciations in criminal judgment execution.
The civil judgment enforcement procuracies shall assume the prime responsibility for, and coordinate with the procuracies in, settling complaints and denunciations in judicial activities, advising and assisting the head of the procuracies of their respective levels in conducting audits. supervise the settlement of complaints and denunciations in civil judgment enforcement and administrative judgment enforcement.
Which unit is responsible for presiding over and coordinating in the supervision of settlement of complaints and denunciations in Vietnam?
Pursuant to Clause 5, Article 16 of the Regulation promulgated together with Decision 222/QD-VKSTC in 2023, stipulating the responsibilities of leading and coordinating in supervision as follows:
* Responsibilities of the unit in charge of supervision:
When conducting supervision, the unit in charge of supervision requests professional units of the same level and lower procuracies to cooperate:
- Provide records and documents related to the inspection;
- Exchange of opinions directly or in writing to identify signs of violations or conclusions of violations of the inspected agencies;
- Select and apply corresponding control measures and promulgating documents in supervision activities;
- Appoint procurators to directly supervise the settlement of complaints and denunciations in judicial activities.
* Responsibilities of the unit in charge of supervisory coordination:
- Fully and promptly implement the request of the unit in charge of supervision.
- In case of detecting violations by agencies competent to settle complaints and denunciations in judicial activities through the performance of their professional work, they must proactively notify and promptly coordinate with each other. with the unit in charge of supervision to perform the inspection tasks as prescribed.
This Decision takes effect from the date of signing and replaces Decision 51/QD-VKSTC-V12 in 2016 of the Prosecutor General of the Supreme People's Procuracy of Vietnam promulgating the Regulation on citizen reception, settlement of complaints and denunciations, and supervision of the settlement of complaints and denunciations in judicial activities.
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