Content of presentations and statements by Prosecutors at the appellate trial/hearing for administrative cases in Vietnam

Content of presentations and statements by Prosecutors at the appellate trial/hearing for administrative cases in Vietnam (Image from Internet)

1. Content of presentations and statements by Prosecutors at the appellate trial/hearing for administrative cases in Vietnam

The content of presentations and statements by Prosecutors at the appellate trial/hearing for administrative cases in Vietnam according to Article 29 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC is as follows:

- In cases where there is only an appeal by the Chief Prosecutor, at the appellate trial (under regular or simplified procedures) or appellate hearing, the Prosecutor shall present and state the following issues:

+ Content of the appeal and the basis for the appeal; supplementary documents, and evidence (if any); analysis to clarify the appeal viewpoint of the Prosecutor regarding the first-instance judgment or decision;

+ In cases where the protector of lawful rights and interests of the involved parties, the involved parties themselves speak about the legality and basis of the appeal, the Prosecutor shall comment on the issues raised by the protector of lawful rights and interests of the involved parties, and the involved parties;

+ Compliance with the law by the procedure-conducting persons and the participants in procedures during the resolution of the case at the appellate stage;

+ Opinions on the resolution of the first-instance judgment or decision or part of the first-instance judgment or decision appealed.

- In cases where there is only the appeal of the involved parties, the Prosecutor shall state the following issues:

+ The basis and legality of the appeal;

+ The content instructed at point c Clause 1 Article 29 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC;

+ Opinions on the resolution of the first-instance judgment or decision or part of the first-instance judgment or decision appealed.

- In cases where there are both the appeal of the involved parties and the appeal by the Chief Prosecutor, the Prosecutor shall present and state the following issues:

+ Regarding the appeal of the involved parties according to the guidance at point a Clause 2 Article 29 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC;

+ Regarding the appeal by the Chief Prosecutor according to the guidance at point a Clause 1 Article 29 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC;

+ Regarding the issues raised by the protector of lawful rights and interests of the involved parties, and the involved parties in the case at point b Clause 1 Article 29 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC;

+ Regarding the content instructed at point c Clause 1 Article 29 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC;

+ Opinions on the resolution of the first-instance judgment or decision or part of the first-instance judgment or decision appealed and protested.

- The written opinions of the Prosecutor must be signed by the Prosecutor participating in the trial/hearing.

2. Content of presentations and statements by Prosecutors at the cassation or re-trial hearing for administrative cases in Vietnam

The content of presentations and statements by Prosecutors at the cassation or re-trial hearing for administrative cases according to Article 30 Joint Circular 03/2016/TTLT-TANDTC-VKSNDTC is as follows:

- In cases where the Chief Prosecutor appeals, at the hearing, the Prosecutor shall present and state the following issues:

+ Content of the appeal and the basis for the appeal; supplementary documents and evidence (if any); analysis to clarify the appeal viewpoint of the Prosecutor regarding the legally effective judgment or decision, or new circumstances that may fundamentally change the content of the legally effective judgment or decision;

+ In cases where the involved parties, legal representatives, protectors of lawful rights and interests of the involved parties, and other participants in procedures summoned by the Court to present their opinions on the appeal, the Prosecutor shall comment on the issues raised by the involved parties, legal representatives, protectors of lawful rights and interests of the involved parties, and other participants in procedures;

+ Opinions on the resolution of the case.

- In cases where the Chief Justice of the Court appeals, at the hearing, the Prosecutor shall present and state the following issues:

+ The basis and legality of the appeal, clearly stating the reasons for agreeing or not agreeing with the appeal viewpoint of the Chief Justice of the Court;

+ Opinions on the resolution of the case.

- The written opinions of the Prosecutor must be signed by the Prosecutor participating in the hearing.

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