What is preparation of dossier to supervise consideration of the first-instance Court's decision which is appealed or protested against in Vietnam?

What is preparation of dossier to supervise consideration of the first-instance Court's decision which is appealed or protested against in Vietnam?

Pursuant to Article 12 of the Regulation on the preparation, management and use of dossiers for supervision of the settlement of civil, marriage and family, business, commercial and labor cases in the People's Procuracy promulgated together with Decision 264/QD-VKSTC in 2022 stipulating preparation of dossier to supervise consideration of the first-instance Court's decision which is appealed or protested against as follows:

A dossier of supervision of the consideration of the first-instance court's decision being appealed or protested against includes the following documents:

1. The document set on the first-instance Court's decision and the appellate appeal and protest (Volume 1), including the following types of documents:

a) The first-instance Court's decision to suspend the settlement of a civil case or a decision to suspend the settlement of a civil case;

b) Documents and evidences are the basis for issuing the decision at Point a of this Clause;

c) Documents specified in Clause 3, Article 11 of this Regulation.

2. The document set on professional activities of the Procuracy at the appellate level (Volume 2), including the following types of documents:

a) A written request to the court to transfer the case file; Minutes of handing over case files; Statistics of documents in the case file; Transfer of case file.

b) Documents specified in Clause 5, Article 11 of this Regulation, consistent with the competence to protest against and participate in appellate meetings of the Procuracy.

3. The set of documents issued by the Court of Appeal (Volume 3) includes the following types of documents:

a) Documents and evidences collected by the appellate court as prescribed in Clause 4, Article 11 of this Regulation;

b) Appellate decision;

c) Other relevant documents.

What is preparation of procuracy dossiers in case the Procuracy settles a petition for protest against cassation or reopening in Vietnam?

According to Article 13 of the Regulation on the preparation, management and use of dossiers for supervision of the settlement of civil, marriage and family, business, commercial and labor cases in the People's Procuracy promulgated together with Decision 264/QD-VKSTC in 2022, stipulating preparation of procuracy dossiers in case the Procuracy settles a petition for protest against cassation or reopening as follows:

A dossier of investigation in case the Procuracy settles a petition for protest against the cassation or reopening procedures includes the following documents:

1. The set of documents on the request to protest against the cassation or reopening procedures (Volume 1), including the following types of documents:

a) The litigant's written request for protest against cassation or reopening; Written notice of violations of the legally effective judgment or decision of the individual, agency or organization; Application transfer document of a competent agency or organization; Certificate of receipt of application from the Procuracy;

b) An application for postponement of judgment enforcement, documents on judgment enforcement;

c) Notice of request for protest against cassation or reopening procedures of the lower procuracies;

d) New documents and evidences provided by involved parties, individuals, agencies, organizations, and lower-level procuracies during the cassation or reopening stage.

2. The set of documents on the settlement of the case at the first instance, appellate, cassation and reopening levels (in case the case has been reviewed according to cassation or reopening procedures) (Volume 2), including the following document types:

a) First-instance or appellate judgments; Decisions on cassation or reopening procedures; Minutes of first-instance, appellate, cassation and reopening court sessions; Minutes of deliberation of the first-instance, appellate, cassation and reopening trial panels;

b) Statements of the procurator at the first-instance, appellate, cassation and reopening court sessions;

c) Notice of no protest against cassation or reopening procedures by the Court or Procuracy;

d) Other documents specified in Articles 8, 9 and 11 of this Regulation that the civil servant deems necessary for the settlement of the case at the cassation or reopening level.

3. The set of documents on professional activities of the Procuracy dealing with the application for protest against cassation or reopening (Volume 3), including the following types of documents:

a) A written request to the court to transfer the case file; Document requesting the Court to transfer the file (2nd time); Minutes of handing over documents; Statistics of documents in the case file; The transfer form of the case file;

b) A written notice to the involved parties having the application; individuals, agencies and organizations that have notified violations; the agency or organization that has transferred the application to the result of handling the application (in case the file has been transferred to another court or does not receive the dossier together with the court's written reply);

c) Decide to assign or change procurators to participate in cassation or reopening court sessions;

d) Extract files (if necessary);

dd) Report on proposal for postponement of judgment execution; Written comments on appraisal and approval of leaders at all levels; Dispatch requesting postponement of judgment execution;

e) Report proposing verification and collection of documents and evidences; Plan to verify, collect documents and evidences; Written comments on appraisal and approval of leaders at all levels; Decisions and official dispatches on verification and collection of documents and evidences of the Procuracy; Verification results and documents and evidences collected by the Procuracy;

g) Report on the proposal for settlement of the protest against the cassation or reopening procedure; Report proposing the change, supplement or withdrawal of the protest (in case the decision on appeal has been issued); Submit a proposal to the Procurator General of the Procuracy to protest through cassation or reopening procedures, to change, supplement or withdraw the protest; Written comments on appraisal and approval of leaders at all levels;

h) Report petitioning the way to solve the case, Official letter responding to the petition report; Dispatch and report of the lower procuracies on the settlement of the case at the first instance and appellate levels;

i) Notice of refusal to protest against cassation or reopening procedures;

k) Decision to protest against cassation or reopening procedures; To decide to change (supplement) or withdraw the decision to protest against cassation or reopening;

l) Speech of the procurator at the cassation or reopening trial;

m) Pen to sign the cassation or reopening trial (if necessary);

n) Minutes of inspection of minutes of cassation or reopening court sessions;

o) Report and notify the results of the cassation or reopening trial;

p) Report on the proposal of the procurator to participate in the cassation or reopening hearing in case the court does not accept the procuracy's protest or the issues that need to be resolved after the court hearing;

q) Other relevant documents.

4. The set of documents issued by the Court of cassation and reopening (Volume 4), including the following types of documents:

a) A written notice of the time for opening the court session, adjournment of the court hearing and the time for reopening the court session; Papers summoning involved parties to court sessions;

b) Decision on cassation review and reopening decision; Minutes of the cassation or reopening trial; Minutes of deliberation of the cassation or reopening trial panel;

c) Other relevant documents.

What is preparation of procuracy dossiers in case the procuracies participate in the cassation or reopening hearings to consider the appeals of the chief justice of the court in Vietnam?

Article 14 Regulation on the preparation, management and use of dossiers for supervision of the settlement of civil, marriage and family, business, commercial and labor cases in the People's Procuracy promulgated together with Decision 264/QD-VKSTC in 2022, stipulating preparation of procuracy dossiers in case the procuracies participate in the cassation or reopening hearings to consider the appeals of the chief justice of the court as follows:

1. Procuracy dossiers in case the procuracies participate in the cassation or reopening hearings to consider the appeals of the chief justices of the courts, including the following sets of documents:

1.1. The document set on the appeal against cassation and reopening (Volume 1), includes the following types of documents:

a) The litigant's written request for protest against cassation or reopening; Written notice of legal violations in legally effective judgments or decisions of individuals, agencies or organizations; Proposals to protest according to cassation or reopening procedures of lower-level People's Courts;

b) An application for postponement of judgment enforcement, documents on judgment enforcement; A written request for postponement of judgment execution by the Chief Justice of the Court;

c) New documents and evidences are provided and collected during the cassation or reopening stage;

d/ Decide to protest against cassation or reopening procedures; Decision on change, supplementation or withdrawal of the Court's Chief Justice of the Court's decision to protest against cassation or reopening.

1.2. A set of documents on the settlement of cases at the first instance, appellate, cassation and reopening levels (if the case has been reviewed according to cassation and reopening procedures) (Volume 2), including the types of documents specified in Clause 2, Article 13 of this Regulation.

1.3. A document set on professional activities of the Procuracy participating in the cassation and reopening trial (Volume 3), including the following types of documents:

a) Minutes of handing over documents; Statistics of documents in the case file; The transfer form of the case file;

b) A report proposing the Procuracy's views on the Court's Chief Justice's decision to protest against cassation or reopening; on the change, supplementation or withdrawal of the Chief Justice of the Court's protest; Written comments on appraisal and approval of leaders at all levels;

c) Report on the proposal of the procurator participating in the cassation or reopening trial on issues to be resolved after the trial;

d) Documents specified at Points c, d, l, m, n, o and q, Clause 3, Article 13 of this Regulation.

1.4. The set of documents promulgated by the Court of Cassation and reopening (Volume 4), including the types of documents specified in Clause 4, Article 13 of this Regulation.

2. The case has been notified by the procuracies not to protest according to cassation or reopening procedures but then there is a protest against the cassation or reopening procedures by the chief justice of the court, which the same procuracies must participate in the court session to consider and consider. If the Chief Justice lodges a protest, the documents mentioned in Sections 1.1, 1.3 and 1.4, Clause 1 of this Article shall be included in the procuracy dossier specified in Article 13 of this Regulation, except for cases where other procurators are assigned to study the records or the inspection records specified in Article 13 have been archived..

The arrangement of dossiers must ensure a clear delineation of procedures for the procuracies to settle petitions for protest through cassation and reopening procedures and procedures for the procuracies to participate in the cassation and reopening hearings to consider the appeal of the Chief Justice of the Courtt.

Best Regards!