Hanoi-Vietnam: Instructions on the documents on supervision of settling a case at the first-instance stage

Recently, the Supreme People's Procuracy of Vietnam issued Guidance No. 28/HD-VKSTC detailing the documents on supervision of settling administrative cases; commercial business and labor matters at the first-instance stage as follows:

At the first instance stage in Vietnam, the documents must be organized into booklets according to procedural order and chronological order as follows:

Booklet 1 - Procedure

- Notice of acceptance of the case; Notice of acceptance of the counterclaim of the respondent/defendant (if any); Notice of acceptance of the case for persons with related rights and obligations who have independent claims (if any); payment receipt of legal cost advances, exemption from legal cost advances;

- Decision to assign a judge to handle the case;

- Defense attorney's certification (if any)

- Decision to transfer the case (if any)

- Decision to consolidate or separate the case (if any)

- Decision to apply, change, or cancel emergency temporary measures (if any)

- Decision to temporarily suspend the case (if any)

- Decision to bring the case to trial;

- Decision to postpone the trial (if any)

- Notice of appeal and protest.

Booklet 2 - Plaintiff’s Documents

- Complaint and accompanying documents (administrative decisions, documents related to the administrative act being sued);

- Documents and evidence provided by the plaintiff;

- Receipt of the complaint submission.

- Record of delivery of notice of acceptance of the case;

- Written statements; Deposition records.

Booklet 3 - Defendant’s Documents

- Counterclaim of the respondent/defendant, Receipt of legal cost advances (if any)

- Documents and evidence provided by the defendant.

- Record of delivery of notice of acceptance of the case;

- Written response to the plaintiff’s claims;

- Written statements; Deposition records.

Booklet 4 - Documents of Interested Parties

- Independent claim of persons with related rights and obligations, Receipt of legal cost advances (if any)

- Documents and evidence provided by persons with related rights and obligations.

- Record of delivery of notice of acceptance of the case;

- Written response to the plaintiff’s claims;

- Written statements; Deposition records.

Booklet 5 - Documents and Evidence Collected by the Court

- Request from parties for the court to collect evidence (if any)

- Statements from parties;

- Deposition records of witnesses, written statements of witnesses;

- Confrontation records between parties, between parties and witnesses;

- Records of on-site inspections (if any)

- Decisions to request expert opinions and expert conclusions (if any)

- Decisions on property valuation and results of property valuation (if any)

- Decisions to delegate evidence collection and verification (if any)

- Requests to agencies, organizations, and individuals for documents (if any)

- Other documents and evidence collected by the court.

- Records of examination meetings for evidence submission, access, and disclosure; dialogue records (if any)

Booklet 6 - Documents on Prosecutorial Work

- Decision to assign a Prosecutor;

- Supervisory records created by the Prosecutor or Inspector;

- Documents related to the case file review;

- Report on the case file analysis (created by the Prosecutor or Inspector for reporting and proposing solutions to unit leaders; opinions of unit leaders);

- Requests for the court to collect documents and evidence;

- Documents and evidence provided by agencies, organizations, and individuals as requested by the Procuracy;

- Other documents received by the Procuracy (if any) such as complaints from parties, documents from various sectors and levels, social organizations, and related parties' reflections and recommendations on case resolution…

- Expected questions the Prosecutor needs to ask at the trial;

- Statements from the Prosecutor at the trial (including drafts and signed, sealed documents submitted to the court after the trial);

- Reports on prosecutorial supervision of the trial;

- Documents requested by the Procuracy from agencies, and organizations to provide evidence for appeals (if any);

- Appeals or recommendations; Notice of higher-level Procuracy's appeals;

- Case file handover record; inventory of documents in the case file

Booklet 7 - Court's Settlement Documents

- Decision to bring the case to trial;

- Decision to postpone the trial and other decisions (if any);

- Decisions to suspend, temporarily suspend the case (if any);

- Decisions to apply, change, or cancel emergency temporary measures (if any);

- Trial records;

- First-instance judgment, or Decision recognizing the parties' agreement.

More details may be found in Guidance 28/HD-VKSTC dated October 19, 2018.

- Thuy Phu -

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