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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