Guidelines for determining responsibility when the Procuracy's protest is not accepted by the Court in Vietnam

Guidelines for determining responsibility when the Procuracy's protest is not accepted by the Court in Vietnam

The responsibility determination when the Procuracy's protest is not accepted by the Court in Vietnam is outlined in Guidelines 15/HD-VKSTC dated June 27, 2024, as follows:

- The lower-level Procuracy that filed an appellate protest and the higher-level Procuracy that upheld the protest of the lower-level Procuracy are considered responsible if the protest is not accepted by the Court and the higher-level Procuracy does not report and propose that the authorized Procuracy files a cassation protest, or if it has reported and proposed but the authorized Procuracy issues a Notice of not filing a cassation protest, except in cases where the Chief Justice of the competent Court has already filed a cassation protest.

- The High-Level People's Procuracy which filed cassation or reopening protests is considered responsible if the protest is not accepted by the Court and did not report and propose to the Supreme People's Procuracy to file a cassation or reopening protest, or if it has reported and proposed but the Supreme People's Procuracy issues a Notice of not filing a cassation or reopening protest, except in cases where the Chief Justice of the Supreme People's Court has already filed a cassation protest.

- If the cassation or reopening protest filed by the Head of the Supreme People's Procuracy is not accepted by the Court, the determination of responsibility is considered and decided by the Leaders of the Supreme People's Procuracy of Vietnam.

More details can be found in Guidelines 15/HD-VKSTC issued on June 27, 2024.

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