Vietnam: 05 steps the procurator must take at the court cases of no arising situation

Đức Thảo

11:50, 07/01/2021

Recently, the Supreme People’s Procuracy of Vietnam has issued the Guidance No. 36/HD-VKSTC on the procurator's speech activities when participating in the trial of administrative cases in 2020.

According to the Guidance No. 36/HD-VKSTC, in cases there is no circumstances arising at the first-instance course, in accordance with Article 190 of the Law on Administrative Procedures of Vietnam, Article 27 of the Joint Circular No. 03/2016/TTLT-VKSNDTC-TANDTC, Article 23 of the Regulation No. 282/QĐ-VKSTC, Article 16 of the Decision No. 286/QĐ-VKSTC, procurators must perform the following steps well:

Step 1: Check the compliance with the provisions of the law on the trial

Is the time and location of the trial, the arrangement of the courtroom, the direct or oral trial in Vietnamese, and the composition of the Trial Panel in accordance with the decision to bring the case to trial? …

Step 2: Supervising the observance of the law at the first-instance trial of the Judge, the Trial Panel, the Court Clerk and the participants in the proceedings

- Procurators shall supervise the legal status of procedure-conducting persons and procedure participants; refusal to conduct proceedings; monitor and record court proceedings;

- Procurators supervise the observance of procedures at court hearings;

- ….

Step 3: Procurators exercise the right to request and make recommendations

Step 4: The procurator participates in questioning at the court hearing

Step 5: Speak up at the court hearing

More details of steps of the Guidance No. 36/HD-VKSTC of the Supreme People’s Procuracy of Vietnam, issued on December 30, 2020.

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