What is the process of supervising the civil dispute settlement judgment of the prosecutor in Vietnam when the prosecutor participates in the trial?
- What is the principle of supervision of civil dispute settlement judgments in Vietnam?
- What is the process of supervising the civil dispute settlement judgment of the prosecutor in Vietnam when the prosecutor participates in the trial?
- What are the general skills required for supervising civil dispute settlement judgments in Vietnam?
What is the principle of supervision of civil dispute settlement judgments in Vietnam?
Pursuant to Article 3 of the Regulations, the court issued Decision 399/QD-VKSTC in 2019 stipulating the principles of supervising the settlement of civil cases. settle civil disputes as follows:
- Comply with the civil procedure law and other legal provisions, the relevant regulations, and the instructions of the Supreme People's Court.
- Comply with the principles of centralization and unification of leadership of the People's Procuracy and the principle of operation of the Procurator when supervising judicial activities.
- Ensure impartiality, objectivity, and timeliness in civil proceedings; and ensure the responsibilities of procedure-conducting agencies and procedure-conducting persons under the People's Procuracy.
What is the process of supervising the civil dispute settlement judgment of the prosecutor in Vietnam when the prosecutor participates in the trial? (Image from the Internet)
What is the process of supervising the civil dispute settlement judgment of the prosecutor in Vietnam when the prosecutor participates in the trial?
According to Article 4 of the Regulations, the process and skills of supervising judgments and decisions to resolve civil cases of the court were issued together with Decision 399/QD-VKSTC in 2019 stipulating the process of procurators to supervise the case.
The civil dispute settlement judgment when the Procuracy participates in the trial is as follows:
The general process of supervision of judgments and decisions on settlement of civil cases
Upon receiving the judgment or decision transferred by the Court, the civil servant shall follow the following process:
1. In case the Procuracy participates in the court session:
a) Enter the Judgment and Decision Acceptance Book;
b) Make a control sheet according to Form No. 14/DS. The list of forms for supervision of civil case settlement is issued together with Decision No. 204/QD-VKSTC dated June 1, 2017 on promulgation. sample procedural documents and provisional operations in the field of judicial supervision (hereinafter referred to as Form No. 14/DS for short).
c) Add necessary documents and documents to the inspection dossier as prescribed in Article 12 of the Regulation on supervision of the settlement of civil cases promulgated together with Decision No. 364/QD-VKSTC dated October 2, 2017 of the Procurator General of the Supreme People's Procuracy (hereinafter referred to as Regulation No. 364/2017).
d) Inspect the form and content of the judgment or decision; request the court to verify and collect documents and evidence according to Form No. 06/DS or collect documents and evidence by themselves to secure the protest (if necessary), except in the case of judgments or decisions for which regulations have entered into force.
dd) Copy and send the judgment or decision together with the control sheet of that judgment or decision to the competent procuracies.
For judgments or decisions that have not yet taken legal effect, the procuracies at the first-instance level must immediately copy the judgments or decisions, enclosed with the inspection sheet of such judgments or decisions and the notice of appeal (if any), to the procuracies at the appellate level to perform their functions and tasks according to their competence.
For legally effective judgments or decisions, the procuracies at the first instance or appellate levels shall make copies and send copies of those judgments or decisions together with the inspection slips of those judgments or decisions to the competent high-level procuracies. territorial rights.
e) A draft of a petition made according to Form No. 10/DS or a decision to protest according to Forms No. 15/DS, 18/DS, 31/DS, and 33/DS in case the judgment or decision is found to be in violation of the law. offense.
2. In case the Procuracy does not participate in the court hearing, the civil servant shall perform the steps specified in Clause 1 of this Article, but before carrying out the activities specified at Point c, Clause 1, the civil servant may request the Court to transfer the case file. 02/2016/TTLT-VKSNDTC-TANDTC, dated August 31, 2016, providing for the coordination between the People's Procuracy and the People's Court in the implementation of a number of regulations. Decision of the Civil Procedure Code (hereinafter referred to as TTLT No. 02/2016) to inspect and consider the protest, if necessary.
Article 1 of the Civil Procedure Code 2015 provides as follows:
Scope of regulation and tasks of the Civil Procedure Code
The Civil Procedure Code provides for the basic principles in civil proceedings; the order and procedures for initiating lawsuits at People’s Court (hereinafter referred to as Courts) to settle cases of civil, marriage and family, business, trade and labor (hereinafter referred to as civil lawsuits)
Accordingly, the process by which the procurator supervises the civil dispute settlement judgment when the procuracies participate in the court hearing is as follows:
- Enter the Judgment and Decision Acceptance Book;
- Making a Control Sheet
- Add necessary documents and documents to the inspection dossier;
- Supervising the form and content of judgments and decisions;
Request the court to verify and collect documents and evidence according to or personally collect documents and evidence to secure the protest (if necessary), unless the judgment or decision has already taken effect. law.
- Copy and send the judgment or decision, together with the control sheet of that judgment or decision, to the competent procuracies.
- The drafting of a petition or decision to protest in case the judgment or decision is found to be in violation.
What are the general skills required for supervising civil dispute settlement judgments in Vietnam?
Pursuant to Article 5 of the Regulations, the process and skills of supervising civil judgments and decisions of the court were issued together with Decision 399/QD-VKSTC in 2019 stipulating general skills on supervision. Civil dispute settlement judgments are as follows:
(1) When inspecting a judgment or decision, the procurator shall review the time limit for sending, the time limit for promulgation (if any), the grounds and competence for promulgation, and the content and form of the judgment or decision.
(2) In cases where the procurator participates in the court hearing, the supervision of the judgment or decision shall begin as soon as the trial panel pronounces the judgment.
In case the procurator does not participate in the court hearing or the decision is issued within the trial preparation time limit, the supervision of the judgment or decision shall begin from the time the procuracies receive the judgment or decision.
(3) In case a judgment or decision is found to be in violation, depending on the nature and seriousness of the violation, the civil servant shall report in writing to the leader of the prosecution for consideration, protest, or recommendation according to his or her competence.
- For less serious violations, civil servants propose that leaders of the Procuracy exercise their right to petition the Court to remedy violations in specific cases or to synthesize violations to issue general recommendations.
- For serious violations, civil servants propose to leaders of the Procuracy to exercise the right to protest.
In case the first-instance judgment or decision that has not yet taken legal effect has serious violations but the time limit for protest has expired by the procuracies of the same level as the court that conducted the first-instance trial, the head of the procuracies of the same level shall promptly report to the leadership of the immediate superior procuracies to consider the appellate appeal according to its competence.
In case the first-instance judgment or decision has taken legal effect but serious violations are discovered or new circumstances fundamentally change the contents of the judgment or decision, the civil servant shall propose to the leader of the procuracy at the first instance court to notify the Chief Procurator of the Procuracy competent to consider the appeal against cassation or reopening.
(4) In case of detecting signs of a crime falling within the handling competence of the investigating authority of the Supreme People's Procuracy, the detected procuracy shall immediately notify the investigating agency of the Supreme People's Procuracy for consideration and settlement according to regulations.
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