Guidance on use of Form No. 44/KT on reporting and providing records, documents in Vietnam

Guidance on use of Form No. 44/KT on reporting and providing records, documents in Vietnam
Duong Chau Thanh

Official Dispatch 2646/VKSTC-V12 on the application of the List of Forms for Citizen Reception, Supervision, and Settlement of Complaints and Denunciations in Judicial Activities of the People's Procuracy sector, issued by the Supreme People's Procuracy of Vietnam on July 05, 2023.

Guidance on use of Form No. 44/KT on reporting and providing records, documents in Vietnam

Instructions for using Form No. 44/KT on the request for reporting and providing dossiers, documents in Vietnam are as follows:

(1) Scope of Use:

This form is generally used for inspection work, resolution, and reassessment of complaint resolution decisions that have taken legal effect under the jurisdiction of the People's Procuracy.

- For inspection work on the resolution of complaints and denunciations, this form is used when the People's Procuracy receives a citizen's complaint (denunciation) regarding a specific case, when there are grounds to believe that the resolution of the complaint (denunciation) shows signs of legal violation;

- For the work of resolving complaints, denunciations, and reassessing decisions that have taken legal effect under jurisdiction, this form is used when a citizen submits a complaint to People's Procuracy against documents of the relevant judicial authority under the jurisdiction of their agency or requests a reassessment of a complaint resolution decision that has taken legal effect under the jurisdiction (in this case, omit the basis of Article 30 of the Law on Organization of the People's Procuracy 2014).

(2) Requirements:

Before issuing the document requesting for reporting and providing dossiers, documents, the People's Procuracy must determine:

- If to inspect the resolution of complaints, denunciations in judicial activities, there must be signs of violations by the requested agency;

- If for resolution purposes, the basis of jurisdiction for resolution by the People's Procuracy must be determined;

- If to reassess a complaint resolution decision that has taken legal effect, the citizen's application must meet the conditions for reassessment according to Article 13 of the Regulations on citizen reception, complaint, denunciation resolution, and inspection of complaint, denunciation resolution in judicial activities in Vietnam.

More details can be found in Official Dispatch 2646/VKSTC-V12 issued on July 5, 2023.

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