What are the procedures for supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
- What are the procedures for supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
- What are the powers and duties of supervising complaints and denunciations in judicial activities in Vietnam?
- How many measures are applied to control complaints and denunciations in judicial activities in Vietnam?
What are the procedures for supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
Pursuant to Article 18 of the Regulations promulgated together with Decision 222/QD-VKSTC in 2023, stipulating specific steps in implementing supervision
- Step 1: Research applications or written requests from competent authorities or other sources of information and records and documents related to the resolution of complaints and denunciations in judicial activities;
+ If necessary, can work directly with the complainant, the complained person, the accuser, the accused, and related people to verify issues that need clarification or collect information, documents and other necessary evidence.
- Step 2: Compare with corresponding provisions of law to determine signs of violations or conclusions of violations in resolving complaints and denunciations in judicial activities (in terms of authority, procedures, time limit). term and content of resolution).
- Step 3: Apply appropriate control measures and issue conclusions, recommendations, and protests according to the provisions of Article 17 of this Regulation.
+ In the process of applying control measures, if necessary, continue to follow the steps specified in Clauses 1 and 2 of this Article.
- Step 4: Conducting inspections and checking the implementation of recommendations and protests must all be documented.
+ Dossier must contain all documents of inspection or supervision issued according to regulations and other relevant documents.
+ Records must be page numbered according to document order and archived according to the provisions of law.
Thus, there are 4 specific steps in implementing the supervision of resolving complaints and denunciations in judicial activities according to the above process.
What are the procedures for supervising the settlement of complaints and denunciations in judicial activities in Vietnam?
What are the powers and duties of supervising complaints and denunciations in judicial activities in Vietnam?
Pursuant to Article 16 of the Regulations issued together with Decision 222/QD-VKSTC in 2023, it is stipulated as follows:
Authority and duties to carry out inspection
1. Procuracy at all levels supervises the settlement of complaints and denunciations in judicial activities by competent agencies at the same and lower levels according to the provisions of law.
2. The unit of procuracy and settlement of complaints and denunciations in judicial activities is responsible for presiding over and coordinating with other professional units to advise and assist the Director of the Procuracy at their level in supervising the settlement for complaints and denunciations in criminal proceedings, civil proceedings, administrative proceedings, and bankruptcy proceedings; Supervise the resolution of complaints about the actions of competent persons of the People's Court in applying administrative handling measures, considering and deciding on the sending of drug addicts from 12 years old to under 18 years old to a mandatory detoxification facility.
3. The Procuracy Unit for custody, temporary detention and execution of criminal judgments is responsible for presiding over and coordinating with the Procuracy Unit and resolving complaints and denunciations in judicial activities to advise and assist the Director of the Procuracy. The Procuracy at its level supervises the settlement of complaints and denunciations in the execution of criminal judgments.
4. The Civil Judgment Enforcement Procuracy Unit is responsible for presiding over and coordinating with the Procuracy Unit and resolving complaints and denunciations in judicial activities to advise and assist the Procurator General of the Procuracy at their level to proceed. Supervise the settlement of complaints and denunciations in civil and administrative judgment enforcement.
5. Responsibility for presiding and coordinating in supervision
a) Responsibilities of the unit in charge of the inspection:
When conducting an investigation, the unit in charge of the investigation requests that professional units at the same level and lower-level Procuracy coordinate:
- Provide records and documents related to the inspection;
- Exchange opinions directly or in writing to identify signs of violations or conclusions of violations by inspected agencies;
- Choose to apply corresponding supervision measures and issue documents in supervision activities;
- Appoint Procurators to participate in direct inspections of the settlement of complaints and denunciations in judicial activities.
b) Responsibilities of the coordinating supervision unit:
- Implement fully and promptly according to the request of the unit in charge of the inspection.
- In case of detecting violations by agencies competent to resolve complaints and denunciations in judicial activities through performing their professional work, they must proactively notify and promptly coordinate with the unit in charge of supervision to carry out supervision tasks according to regulations.
Thus, the authority and tasks of supervising complaints and denunciations in judicial activities are carried out according to the provisions above.
How many measures are applied to control complaints and denunciations in judicial activities in Vietnam?
Pursuant to Article 17 of the Regulations issued together with Decision 222/QD-VKSTC in 2023 regulating measures applied to control complaints and denunciations in judicial activities, including:
- Request competent authorities to issue documents to resolve complaints and denunciations.
- Request competent authorities to check the settlement of complaints and denunciations at their own and lower levels and notify the results to the Procuracy.
- Request competent authorities to provide records and documents related to resolving complaints and denunciations to the Procuracy.
- Directly supervise the settlement of complaints and denunciations by competent authorities.
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