Guidance on supervising the resolution of complaints and denunciations in civil proceedings by the People's Court in Vietnam​ (Image from the Internet)

On September 25, 2024, the Supreme People's Procuracy of Vietnam issued Guideline 19/HD-VKSTC on supervisory work in resolving complaints and denunciations in civil procedures and administrative procedures of the People's Court in Vietnam.

Guidance on supervising the resolution of complaints and denunciations in civil proceedings by the People's Court in Vietnam​

To enhance the effectiveness of supervisory work in resolving complaints and denunciations in the field of civil procedures and administrative procedures of the People's Court; contributing to enhancing the position, role of the Sector and ensuring the rights and legitimate interests of individuals, agencies, organizations; the Supreme People's Procuracy guides procuracies at all levels on following contents:

(1) Measures to obtain data on receipt, handling, acceptance, and resolution of complaints and denunciations in judicial activities under the authority of the People's Court

Ensure a thorough understanding of the importance of seriously implementing the provisions of Joint Circular 01/2018/TTLT-VKSNDTC-TANDTC-BCA-BQP-BTC-BNN&PTNT, considering this as an official management measure regarding the results of receipt, acceptance, and resolution of complaints and denunciations under the authority of the People's Court at the same level.

Through the study of these reports, the procuracy will have a basis to review and compare the decisions on resolving complaints and denunciations that the judicial body at the same level has sent to the procuracy; from there, issue a document requesting the Court to supplement any missing Decisions on resolving complaints and denunciations to conduct supervision according to the provisions of the law and the Sector; at the same time, exercise the right to propose measures to address violations (if any) as stipulated by law;

Periodically, as prescribed in Joint Circular 01/2018/TTLT-VKSNDTC-TANDTC-BCA-BQP-BTC-BNN&PTNT, procuracies at all levels must actively urge the Court at the same level to seriously perform the submission of reports, notifications on the resolution of complaints and denunciations in judicial activities.

In cases where the Court does not implement or does not fully implement, it is necessary to resolutely issue proposals for correction;

(2) In the application of supervisory measures

Request procuracies at all levels to study and fully apply the three supervisory measures as stipulated by law and the Sector's regulations; they are:

- Request the competent Court to issue documents resolving complaints and denunciations (referred to as the Measure of Requesting Issuance of Documents);

- Request the competent Court to check the resolution of complaints and denunciations of itself, its subordinate levels, and notify the results to the procuracy (referred to as the Measure of Requesting Examination and Result Notification);

- Request the competent Court to provide dossiers, materials related to the resolution of complaints and denunciations to the procuracy (referred to as the Measure of Requesting Provision of Dossiers, Materials).

Note:

- In cases, through the study of applications, documents resolving complaints, requests of competent authorities, or other sources of information and related dossiers, materials, if there is enough basis to determine violations in the resolution of complaints, denunciations in judicial activities, proposals can be issued immediately without the need to apply supervisory measures;

- All three measures can be applied to a complaint, denunciation case, or to multiple complaint, denunciation cases at a certain period; focus on the Measure of Requesting Provision of Dossiers, Materials as this measure brings high efficiency due to having dossiers, materials to consider, evaluate about procedures, competence, and content resolution of the Court;

- After finishing each supervisory measure, if violations are detected, the procuracy must promptly issue proposals; for the Measure of Requesting Examination and Result Notification, and the Measure of Requesting Provision of Dossiers, Materials, a Conclusion must be issued before the Proposal is issued.

In cases where the procuracy has applied all three supervisory measures to one case, only issue proposals after having applied the final supervisory measure.

(3) In the activity of issuing proposals

According to the provisions of Article 5 of the Law on Organization of the People's Procuracies 2014 and Clause 4 Article 17 Regulation 222, the People's Procuracy has the authority to make proposals (for less serious violations) or protests (for serious violations); however, according to the provisions of civil procedure law, administrative procedure law, the procuracy does not have the right to protest in these fields. Therefore, the Supreme People's Procuracy (Unit 12) requires procuracies at all levels to pay attention to improving the quality of proposals in this work.

More details can be found in Guideline 19/HD-VKSTC dated September 25, 2024.

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