What is issuance of a confirmation of receipt of a request for cassation; consideration, acceptance of application and return of request for cassation in Vietnam?

What is issuance of a confirmation of receipt of a request for cassation; consideration, acceptance of application and return of request for cassation in Vietnam?

In Article 6, Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC stipulates as follows:

Within seven working days from the date the competent Court or Procuracy receives the application, the Court or Procuracy must consider and handle as follows:

1. In case the Court or Procuracy receives the application within the time limit specified in Clause 1, Article 284 of the Civil Procedure Code and meets all the conditions as guided in Clause 1, Article 1 of this Joint Circular, the Court, The Procuracy must record the application and issue a Confirmation of receipt of the application for consideration according to cassation procedures (hereinafter referred to as Confirmation of receipt of the application) to the litigant according to Form No. 05 of the Department. issued together with this Joint Circular.

2. In case the Court or Procuracy receives an application after the time limit specified in Clause 1, Article 284 of the Civil Procedure Code has expired, the Court or Procuracy shall notify in writing the return of the application to the applicant. and clearly state the reason for returning the application to the litigant. The written notice of return of the application can be delivered directly or sent to the applicant by post. This delivery or dispatch must be recorded in the tracking book.

What is issuance of a Certificate of receipt of application in case the litigant submits multiple applications requesting cassation regarding the same legally effective judgment or decision of the Court in Vietnam?

Pursuant to Article 7 of Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC regulating the issuance of a Certificate of receipt of application for cassation in cases where the litigant submits multiple applications for the same judgment or decision of the Court. The judgment has come into legal effect, as follows:

1. In case within one year from the date the judgment or decision takes legal effect, the litigant submits multiple requests for the same legally effective judgment or decision of the Court, then The Court and Procuracy only issue a Certificate of receipt of the application to the litigant.

2. In case the litigant has been issued a Certificate of receipt of the application according to the instructions in Clause 1, Article 6 of this Joint Circular and after the expiration of three years from the date the judgment or decision takes legal effect, if the litigant continues to file a request, the Court or Procuracy will issue a Certificate of receipt of the request to the litigant stating that they continue to file the request.

What is delivery and collection of evidence for cassation request in Vietnam? 

According to Article 9 of Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC regulating delivery and collection of evidence for cassation request, as follow:

1. The litigant can directly submit evidence along with the application at the Court, Procuracy or send it by post. The delivery and receipt of evidence is carried out in accordance with Article 84 of the Civil Procedure Code and instructions in Article 14 of Resolution No. 04/2012/NQ-HDTP dated December 3, 2012 of the Council of Judges of the Supreme People's Court Guidance on the implementation of a A number of regulations on "Proof and evidence" of the Civil Procedure Code have been amended and supplemented according to the Law amending and supplementing a number of articles of the Civil Procedure Code.

2. The person with the right to protest has the right to request the litigant, individual, agency or organization to provide additional documents and evidence as prescribed in Article 85 of the Civil Procedure Code.

3. The collection of documents and evidence is carried out in accordance with the provisions of civil procedure law.

Best regards!