What is competence of judges to settle complaints, petitions and protests in sending drug addicts from full 12 to under 18 years old to compulsory detoxification establishments in Vietnam?
What is competence of judges to settle complaints, petitions and protests in sending drug addicts from full 12 to under 18 years old to compulsory detoxification establishments in Vietnam? What is content and effect of decision on settlement of complaints, petitions and protests in sending drug addicts from full 12 to under 18 years old to compulsory detoxification establishments in Vietnam? What is complaintable conduct in considering and deciding to send to a compulsory detoxification establishment for drug addicts from full 12 years old to under 18 years old in Vietnam?
Please advise. Thankyou.
What is competence of judges to settle complaints, petitions and protests in sending drug addicts from full 12 to under 18 years old to compulsory detoxification establishments in Vietnam?
Article 41 of the Ordinance on Orders and Procedures for People's Courts to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments is as follows:
1. Do not accept complaints, petitions or protests; uphold the decision of the district-level People's Court.
2. Partial acceptance of complaints, petitions and protests; amending the decision of the district-level People's Court on the time limit for sending to a compulsory detoxification establishment.
3. Cancel the district-level People's Court's decision not to send him or her to compulsory detoxification establishments; return the file to the district-level People's Court for consideration and settlement in accordance with this Ordinance.
4. Cancel the decision of the district-level People's Court, suspend the consideration and decision to send to a compulsory detoxification establishment when there is one of the grounds specified in Clause 1, Article 16 of this Ordinance.
5. Cancel the decision on suspension or temporary suspension of consideration and decision on consignment to a compulsory detoxification establishment when deeming that there are no grounds specified in Article 16 of this Ordinance; return the file to the district-level People's Court for consideration and settlement in accordance with this Ordinance.
6. Cancel the district-level People's Court's decision not to accept the postponement or exemption from execution of the decision on consignment to a compulsory detoxification establishment and accept the request for postponement or exemption from execution of the decision on consignment to a compulsory detoxification establishment when there are grounds prescribed in Article 27 of this Ordinance.
7. Cancellation of the district-level People's Court's decision to postpone or exempt execution of decisions on consignment to compulsory detoxification establishments and force execution of decisions on consigning to compulsory detoxification establishments when there are no grounds specified in Article 27 of this Ordinance.
8. Cancel the decision on temporary suspension or exemption from execution of the remaining time in the district-level People's Court's decision to temporarily suspend or exempt from serving the remaining time in the decision to send to a compulsory detoxification establishment. The decision to send to a compulsory detoxification establishment is inconsistent with the provisions of Article 31 of this Ordinance.
9. Cancellation of the decision not to accept the request for temporary suspension or exemption from execution of the remaining time in the decision to send to a compulsory detoxification establishment and the decision to temporarily suspend or exempt from serving the remaining time in the decision to send the drug to a compulsory detoxification establishment when there are grounds prescribed in Article 31 of this Ordinance.
10. To suspend the settlement of complaints, petitions and protests when the complainant, petitioner or protester withdraws all complaints, petitions or protests; in this case, the district-level People's Court's decision takes effect.
What is content and effect of decision on settlement of complaints, petitions and protests in sending drug addicts from full 12 to under 18 years old to compulsory detoxification establishments in Vietnam?
According to Article 42 of the Ordinance on Orders and Procedures for People's Courts to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments stipulates as follows:
1. A decision on settlement of a complaint, recommendation or protest must contain the following main details:
a) Number, date, month and year of the decision;
b) Name of the court issuing the decision;
c) Full name of Judge and Secretary of the meeting;
d) Full name of the procurator participating in the meeting;
dd) Full name of the complainant;
e) Full name of the head of the Division of Labor - Invalids and Social Affairs petitioning, full name of the authorized person (if any) or full name of the director of the petitioning compulsory detoxification establishment, full name of the person receiving the petition (if any); Procuracies protest;
g) Complaints, recommendations or protests;
h) Reasons, grounds and contents of the complaint, petition or protest settlement;
i) Effect of the decision;
k) The place to receive the decision.
2. Decisions on settlement of complaints, petitions and protests take effect immediately.
Within 02 working days from the date of announcement of the decision, the Court must send it to the agencies and individuals specified in Article 25 of this Ordinance and the Court that has issued the decision subject to complaints or petitions, the director of the compulsory detoxification establishment.
3. Decisions on settlement of complaints, petitions and protests and documents and documents in the process of considering and settling complaints, recommendations and protests must be recorded in writing and archived in accordance with regulations of law.
What is complaintable conduct in considering and deciding to send to a compulsory detoxification establishment for drug addicts from full 12 years old to under 18 years old in Vietnam?
Pursuant to Article 43 of the Ordinance on Orders and Procedures for People's Courts to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments stipulates as follows:
Agencies, organizations and individuals have the right to complain about acts of the Chief Justice, Judge or Court Clerk in the handing and receiving of dossiers, accepting and assigning judges, requesting additional documents, and sending decisions decision of the Court, opening of the session, composition of the meeting, time limit for settlement and other acts in considering and deciding to send to a compulsory detoxification establishment when there are grounds to believe that such conduct is illegal, infringing upon their legitimate rights and interests.
Best Regards!