What are regulations on the transfer of case files and notifications of the results of reviewing and resolving petitions between the Court and the Procuracy in Vietnam?

What are regulations on the transfer of case files and notifications of the results of reviewing and resolving petitions between the Court and the Procuracy in Vietnam?

Article 10 of the Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC stipulates the transfer of case files and notifications of the results of reviewing and resolving petitions between the Court and the Procuracy, as follows:

1. The transfer of case files for review of appeals under the supervisory procedure shall be carried out in accordance with the instructions in Article 2 of the Joint Circular No. 04/2012/TTLT-VKSNDTC-TANDTC dated August 1, 2012 of the Supreme People's Procuracy and the Supreme People's Court guiding the implementation of some provisions of the Civil Procedure Code on the supervision of the observance of the law in civil proceedings.

2. In case the Court or the Procuracy has a written notification of non-appeal, it shall be sent to the litigant or individual, organization, or other entity specified in Clause 2 Article 284 of the Civil Procedure Code and one copy shall be sent to the Procuracy or Court at the same level.

What are the form and content of the notification of non-appeal and the decision to appeal for review of a final and legally binding judgment or decision in Vietnam?

Article 11 of the Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC stipulates the form and content of the notification of non-appeal and the decision to appeal for review of a final and legally binding judgment or decision, as follows:

1. The notification of non-appeal of the Court or the Procuracy shall be made in accordance with Forms 06 and 07 attached to this Joint Circular.

2. The content of the decision to appeal for review of a final and legally binding judgment or decision shall be carried out in accordance with the provisions of Article 287 of the Civil Procedure Code and shall be made in accordance with Form 08 attached to this Joint Circular.

What are regulations on the transfer of case files and notifications of the results of reviewing and resolving petitions between the Court and the Procuracy in Vietnam? - Source: Internet

What are regulations on the handling of petitions in the event that there is a notification of non-appeal from the competent court or Procuracy in Vietnam?

Article 12 of the Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC stipulates the handling of petitions in the event that there is a notification of non-appeal from the competent court or Procuracy, as follows:

1. In the event that there is a notification of non-appeal, but the litigant still continues to request a review of the final and legally binding judgment or decision of the Court, the litigant must clearly state the issue that the litigant still believes there is a violation of the law in the final and legally binding judgment or decision of the Court and attach documents and evidence to prove that the request is well-founded. The petition for review must have the main content in accordance with Form 01 attached to this Joint Circular.

2. The review and resolution of petitions in the event that there is a notification of non-appeal from the competent court or Procuracy shall be carried out in accordance with the corresponding instructions in the articles of this Joint Circular.

What are regulations on processing of final and legally binding judgments or decisions of the court that need to be reviewed under the judicial review procedure in Vietnam?

Article 13 of the Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC stipulates the handling of final and legally binding judgments or decisions of the Court that need to be reviewed under the judicial review procedure, as follows:

1. If the notification letter does not have sufficient content as instructed in Clause 2 Article 1 of this Joint Circular, the Court or Procuracy shall notify the individual, organization or entity to request that the notification letter be amended or supplemented within a period of not more than thirty days, from the date of receipt of the notification. This notification shall be made in writing in accordance with Form 04 attached to this Joint Circular.

2. If the notification letter has all the contents as instructed in Clause 2 Article 1 of this Joint Circular and if the individual, organization or entity amends or supplements the notification letter as requested by the Court or Procuracy in accordance with the instructions in Clause 1 of this Article, the handling of the notification letter shall be carried out in accordance with the corresponding instructions in Articles 4, 5, 6, 8, 9, 10, 11 and Article 12 of this Joint Circular.

3. If the individual, organization or entity does not amend or supplement the notification letter as requested by the Court or Procuracy in accordance with the instructions in Clause 1 of this Article, the Court or Procuracy shall not consider or resolve the notification letter.

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