Law 93/2015/qh13: Administrative Proceedings

Original Language Title: Luật 93/2015/QH13: Tố tụng hành chính

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CONGRESS
Number: 93 /2015/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 25, 2015

LAW.

ADMINISTRATIVE PROCEEDINGS

__________

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Act.

Chapter I

COMMON RULES

What? 1. The scope of regulation and duties of Administrative Proceedings

The administrative law rules the fundamental principles of administrative proceedings; the mandate, the powers and responsibilities of the body to conduct proceedings, the conduct of the proceedings; the rights and obligations of the participants, the agency, the organization, the individual involved. the procedure, the procedure, the procedure procedure, the execution of the administrative case, the execution of the administrative action and the resolution of the complaint, denouncing the administrative proceedings.

The executive law contributes to the protection of justice, protection of human rights, citizenship, protection of the socialist regime, the protection of the interests of the State, the right and the legitimate interests of the agency, the organization, the individual; educating people to strictly approve the law. the law; ensuring stability, transparency, and the effect of national administration.

What? 2. The applicable and effective object of the Administrative Proceedings.

1. The administrative law is applied to all administrative proceedings on the territory including land, sea, sea, and the skies of the Socialist Republic of Vietnam.

2. The administrative law is applied to administrative proceedings issued by the representative body of the Socialist Republic of Vietnam.

3. The administrative proceedings are applicable to the settlement of the administrative case with foreign factors; the case of international treaties that the Socialist Republic of Vietnam is another regulated member states the provisions of that international treaty.

4. Agency, organization, foreign individual, international organization of the subject that enjoys preferable entitrights, diplomatic immunity or privileges, exempts the consul under Vietnamese law or the international wish that the Socialist Republic of Vietnam is a member of the United Nations. The official case content is related to the agency, the organization, the individual is addressed by the diplomatic route.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Administrative decision is the text due to the state administrative body, the agency, the organization that is delivered to the administration of the executive state or the competent person in the agency, that the organization issued a decision on the specific issue in the administrative management operation applied to the public. one for one or some specific objects.

2. The administrative decision is filed. is the decision to rule on this one Article that decisions that will arise, change, restrict, end the right, the legitimate interests of the agency, organization, individual, or have content that arise, influence the right, the legitimate interests of the agency, the organization. Private, personal.

3. Administrative behavior is the behavior of the state administrative body or of the authority of the authority in the state administration or agency, the organization is given the implementation of the administration of the state execution or not carrying out the mandate, the work under the provisions of the law.

4. The administrative behavior is sued is the behavior of Article 3 which affects the exercise of the right, the legitimate interests of the agency, the organization, the individual.

5. Let's decide the discipline. is the written decision of the head of the agency, the organization to apply the form of discipline that is forced to be forced upon the civil rights of his administration.

6. The administrative decision, the internal administrative act of the agency, the organization. is the decisions, the conduct conduct, the executive implementation of the implementation of the mission, the work plan; the management, the management, the funding, the funding, the property, the property is delivered; the test, the inspector, the task, the job, the policy, the law for the staff, the public. elected, the officer, the worker and the units of the authority ' s governing jurisdiction, the organization.

7. Of course. including the starter, the defendant, who has the right to gain, the obligation involved.

8. The starter. is the agency, the organization, the individual who started the administrative case against the administrative decision, the administrative act, the decision to discipline the decision, the decision to resolve the complaint of the decision to handle the competition; the electoral list of the National Electoral College. the assembly, the list of voter turnout for the People's Assembly, the list of voter turnout (the following is a list of voters).

9. The defendant. is the agency, the organization, the individual who has the administrative decision, the administrative act, the decision to discipline the decision, the decision to resolve the complaint about the decision to handle the competition, the list of voters being sued.

10. Who has the rights, the obligation to do with is the agency, the organization, the individual who does not sue, is not sued, but the settlement of the administrative case is relevant to the rights, their obligations so they themselves or other authorities offer and be accepted by the Court of People (later known as the Court). It was put into action by the Court as a person of interest, the obligation to be involved.

11. Agency, organization. including the state agency, the political organization, the political-social organization, the political-social organization, social organization, social organization-the profession, the economic organization, the public career unit, the people ' s armed forces unit and the institutions. others were established and operated under the rule of law.

12. Complex case. is the case with regard to the rights and interests of many; the document, the evidence that contradicts each other needs to have time to check, verify, evaluate or consult with the opinion of the specialized bodies; whether it is foreigners who are overseas or abroad. The Vietnamese are residing, studying, working abroad.

13. Objectively impede are the obstacles due to the objective of the objective of the objective, the obligation not to know about the rights, the legitimate interests of their trespassing or being unable to exercise their rights or obligations.

14. Impossible event. is an objectiable objectiable objectiable objectiable objectiable objectiable objectiable objectifying objectiable objectiability and incompetence.

What? 4. Follow the law in administrative proceedings

All administrative proceedings of the body conduct proceedings, the conduct of the proceedings, the participants of the proceedings and the agency, the organization, the individual involved in accordance with the provisions of the Law.

What? 5. The right to ask the Court to protect the right and legal interests

The agency, the organization, the individual has the right to sue the administrative case to ask the Court to protect its legal rights and interests under the provisions of this Law.

What? 6. Review, document processing of the rule of law, administrative text, relevant administrative action in the case of administrative action.

1. In the course of the execution of the administrative case, the Court has the right to review the legalization of administrative text, administrative behavior that is relevant to administrative decisions, sued administrative actions, and agency petitions, organizations, competent individuals, and others. consider the administrative text, that administrative act and answer the results to the Court by the provisions of this Law and the other provisions of the relevant legislation.

2. The court has the authority to petition the agency, personally competent to review, amend, supplement or abolish the law of the rule of law if the text finds that it has a left sign with the Constitution, the law, the law that rules the state agency ' s law on the scale. the law of this law and the other provisions of the law are relevant to guarantee the right, the legitimate interests of the agency, the organization, the individual. The agency, the competent individual who is responsible for answering the Court to the results of the Act of Criminal Law, is petiated by the law as the basis for the Court to settle the case.

What? 7. Resolve problem solving damages in the administrative case

1. The accuser, who has the right, the relevant obligation in the administrative case may simultaneously claim damages due to administrative decision, administrative conduct, disciplinary decision-making, the decision to resolve the complaint of the decision. handle the competition, the list of voters.

The starter, who has the rights, the relevant obligation to claim damages is obliged to provide the document, the evidence. In case of necessity, the Court can proceed with verification, gathering documents, evidence to ensure the settlement of the case is correct.

When addressing the claim for damages in the administrative case, the laws of the law on the responsibility of the State and the law of civil proceedings are applied to resolve.

2. The case in the administrative case has a claim for damages that have not yet been filed to prove, the Court may separate the damages claim to resolve after another civil case according to the law of civil proceedings.

The case of the Court settled both the damages claim along with the settlement of the administrative case in which the verdict of the verdict on compensation of the damages was appealed or appealed or was revoked by the Court of Appeal, jury or retrial. In order to examine the trial or the appellate, the decision on compensation damages in these cases is part of the administrative case. The procedure for the decision on compensation of the damages is appealed, the appeal, or the annulled trial for the trial or the appellate being carried out under the rule of the law.

What? 8. The decision to decide and self-determination of the starter

The agency, the organization, the individual has the right to decide the execution of the administrative case. The court only passively resolved the administrative case when a lawsuit was filed by the starter. In the course of the execution of the administrative case, the starter has the right to change, replenel, withdraw the request for the prosecution, to implement his other proceedings under the rules of this Law.

What? 9. Provide documentation, evidence, proof in administrative proceedings

1. The holders of the right and the proactive obligation to collect, deliver the document, testify to the Court and demonstrate that its requirements are based and legal.

The individual who sued, required to protect the right, the legitimate interests of others have the right and obligation to collect, provide documentation, evidence, prove as contemporary.

2. The court has the responsibility of supporting the incumbent in the collection of documents, evidence, and conduct of the collection, verification of evidence; the requirements of the agency, the organization, the individual to provide the document, the evidence to the Court or in accordance with the provisions of this Law.

What? 10. The obligation to provide documents, the evidence of the agency, the organization, the competent individual

The agency, the organization, the individual within the mission range, its powers are obliged to provide adequate and timely provision of the document, the evidence that he is keeping, managing for the incumbent, the Court, the People's Examination Institute (later known as the Institute of Examination). It is required by the law to be held accountable to the law regarding the provision of the document, the evidence; the case is not provided by written and explicitly stated the reason for the incumbent, the Court, the Institute of Examination.

What? 11. Secure the preliminary trial, appellate

1. The trial regime, the appellate, is secured, except for the case of administrative charges against a voter list complaint.

The verdict, the court ' s preliminary decision may be appealed, appealed under the rule of this Law.

The verdict, the Court ' s preliminary decision not to be appealed, appealed in accordance with the Court of Appeal during the statute of limitations under the Law of Law. The verdict, the court ' s preliminary decision, was appealed, and the appeal was to be resolved in accordance with the procedure of appeal. The verdict, the Court ' s appellate decision has legal effect.

2. The verdict, the Court ' s decision to have the law effect that found to be a violation of the law or having new conditions under the rules of the Law, is reviewed in accordance with the procedure of supervising or retrial.

What? 12. The people ' s jury took part in the administrative trial

1. The trial of the administrative trial of the administrative case has the Council of the People to participate, except for the case of the procedure in accordance with the provisions of this Law.

2. When voting on the decision to resolve the case, the People ' s Assembly equated to the judge.

What? 13. Judge, the jury of the jury is independent and only follows the law.

1. Judge, the jury of the jury is independent and only follows the law.

2. Serious organ, organization, individuals interfere with the trial of the judge, the People's Assembly under any form.

What? 14. Secure the privacy, the objective in the administrative proceedings

1. Chief Justice of the Court, Judges, People ' s Jury, Judge, Court Clerk, Probation Institute, Prosecutor, Examination, Interpreter, examiner, member of the Board of the Valuation Council is not conducted, join the proceedings if the base is available. That they may not be unintentiated, objectiable, to perform their duties, their powers.

2. The assignment of the litiger must ensure that they are unconserved, objectively while performing their duties, their powers.

What? 15. The Court Trial Tribunal

The court assacts the administrative case and decides to follow the majority, except for the case of a shortened procedure.

What? 16. Court of trial in time, fair, public

1. The court of trial is timely in the deadline due to this Law stipulated, fair guarantee.

2. The Court of Justice. The special case should keep the state's secret, purebred, American customs, protect the juvenile or to keep professional secrets, business secrets, personal secrets under the legitimate requirements of the incumbent, the Court can be tried in secret.

What? 17. Equal rights and obligations in administrative proceedings

1. In the administrative proceedings, everyone is equal before the law, not to distinguish ethnicity, gender, religion, religion, social composition, cultural, professional, social status.

2. All agencies, organizations, individuals equal to the exercise of rights and obligations in administrative proceedings before the Court.

3. The court has the responsibility to facilitate the agency, the organization, the individual who performs its rights and obligations.

What? 18. Make sure to litigate in the trial

1. The Court is responsible for the responsibility of the incumbent, the defender of the right and the legitimate interests of the exercise of the right to litigate in the trial of appellate, appellate, jury, retrial, and retrial.

2. At the same time, the defender of the right and the legitimate rights of the right to collect, deliver, deliver documents, evidence since the Court's own execution and the obligation to inform each other of the documents, the evidence has been delivered; presented, in response, statement of the opinion, the argument of the assessment of the evidence and the applicable law to protect its legal requirements, rights and interests, or to reject the requirements of others by the rules of this law.

3. During the trial, every document, the evidence must be fully reviewed, objectively, comprehensive, publicly, unless the case is not made public by the provisions of this Law. The court ran the litigation, asking the unknown issues and the base to the outcome of the litigation to issue the verdict, the decision.

What? 19. Secure the right to protect the right and the legitimate interests of the incumbent

1. With the right to self-defense or by a lawyer or other person is eligible under the provisions of this Law that protects its rights and legitimate interests.

2. The Court is responsible for ensuring that the authorities exercise their right to protect their rights and their legitimate interests.

3. The state is responsible for ensuring legal assistance to the legally assisted person under the provisions of the Legal Aid Act so that they exercise the right to protect the right and legal interests before the Court.

4. No one is restricting the right to protect the right and the legitimate interests of the incumbent in administrative proceedings.

What? 20. Dialogue in Administrative Proceedings

The court is responsible for the conduct of dialogue and facilitation of dialogue over the resolution of the case.

What? 21. Voice and writing used in administrative proceedings

The voice and writing used in the administrative proceedings are Vietnamese.

The chief executive has the right to use the voice and the writing of his people; this must have the translator.

The participant in the administrative case is the person with disabilities to hear, people with disabilities speak or persons with disabilities that have the right to use language, symbols, letters reserved for persons with disabilities; this case must have people to hear, speak in language, symbols, letters. Someone with disabilities to translate.

What? 22. The responsibility of the litigation agency, who conducts proceedings.

1. The Agency conducts proceedings, who conduct proceedings to respect the People and bear the oversight of the People.

2. The court has a duty to protect justice, protect human rights, citizenship, protect the socialist regime, protect the interests of the State, the rights and the legitimate interests of the organization, the individual.

The Institute of Examination has the duty to protect the law, protect human rights, citizenship, protect the socialist regime, protect the interests of the State, the right and the legitimate interests of the organization, the individual, contribute to the strict law enforcement and the law. All right.

3. The Agency conducts proceedings, who conduct proceedings to keep the state secret, secretly work in accordance with the rule of law; preserve the dignity, the customs of the people, protect the juvenile, keep professional secrets, business secrets, personal secrets. You know, according to the true requirements of the incumbent.

4. The Agency conducts proceedings, who conducts proceedings under the law on the execution of his duties, his powers. The case of the person who conducts proceedings is subject to a violation of the law, the degree of violation that is subject to disciplinary action or is prosecuted for criminal responsibility under the rule of law.

5. The person who conducts proceedings while carrying out the mission, whose powers have a violation of the law that damages the agency, the organization, the individual, the agency whose behavior violates that law must pay for the person suffering from the damage. of the law on the responsibility of the compensation of the State.

What? 23. Secure the validity of the verdict, the Court ' s decision

1. The verdict, the Court ' s decision has been in effect the law must be enforced and must be held, organized, personally respected. The agency, the organization, the relevant individual has to be strictly accepted.

2. Within the scope of the mission, its jurisdiction, the Court, the agency, the organization tasked with the execution of the sentence, the Court's decision must be strictly enforced and accountable to the law on the execution of that task.

What? 24.

The Supreme People's Court oversees the trial of the Courts; the High Court of the People's High Court is the trial of the Provincial People's Court, the central city of the central city (later known as the Provincial Court), the District Court, the district, the town, the city. in the province, the city is in the central city of the central city (later known as the District Court) within the jurisdiction of the territory to ensure the application of the law of law in the trial.

What? 25. Check out the law enforcement in administrative proceedings.

1. The Institute of Control examines compliance with law in administrative proceedings in order to ensure the settlement of the administrative case in time, in accordance with the law.

2. The Institute of Control checks the administrative case from when it comes to the end of the settlement of the case; participation in court hearings, the session of the Court; examination of the compliance of the law in the execution of the court, the Court ' s decision; the execution of rights. request, petition, appeal under the rule of law.

3. For the administrative decision, administrative behavior relating to the right, the legitimate interests of the imjuvenile, the loss of the ability of civil conduct, who is restricted to civil conduct, who has difficulty in perception, being a subject of behavior, if they are committed. Without a lawsuit, the Board of Corrects petits the People's Committee of the People's Committee where the person resides in the custody of the administrative case to protect the right, the legitimate benefit of the person.

What? 26. Accountability transfer responsibility, court papers.

1. The Court is in charge of extortion, transfer, sentence notice, decision, summons, invitations and other papers of the Court as defined by the Law.

2. The People's Social Committee or agency, the organization, the individual involved with the responsibility of transferring the verdict, the decision, the paper summons, the invitation and other papers of the Court when required by the Court and must announce the results of that transfer to the Court.

What? 27. The administrative proceedings of the agency, the organization, the individual

The agency, the organization, the individual has the right and the obligation to participate in the administrative proceedings under the provisions of this Law, which contributes to the settlement of the administrative case in the Court promptly, in accordance with the law.

What? 28. Secure the rights of complaint, denounce in administrative proceedings

The agency, the organization, the individual has the right to complain; the individual has the right to denounce the conduct, the law's legal decision to conduct proceedings, who conduct proceedings or of any agency, organization, individual in administrative proceedings.

The agency, the organization, the individual has the authority to take on, review, and resolve the complaint, denouncing it in time, correct the law; the written notice of the results of the settlement to the person who made a complaint, denouncing.

What? 29. Crime charges, fees and litigation costs

Charges, fees and litigation costs are made by the provisions of this Law and the law on the charges, the Court fees.

Chapter II

COURT AUTHORITY

What? 30.

1. The vote of administrative decision, administrative action, except for decisions, the following behavior:

a) Administrative decisions, administrative acts of state secrecy in defence, security, diplomatic, and regulations of law;

b) The decision, the conduct of the Court in the application of administrative treatment, the conduct of obstruction of action;

c) The administrative decision, the internal administrative behavior of the agency, the organization.

2. The vote of a disciplinary decision is forced to stop the office from the Secretary General and the equivalent of being relegated.

3. The vote decided to resolve the complaint about the decision to handle the competition.

4. The voter list.

What? 31. Authority of the District Court

The district court settled according to the preliminary procedure of the following complaints:

1. The main administrative decision, administrative action of the state administrative body from the district level to the top of the administrative boundaries with the Court or of the competent persons in that state administration, except for administrative decision, the administrative practice of the district-level committee of the district, the Chairman of the Committee of the People's Committee of the District;

2. The vote of the decision to discipline the head of the head of the body, the organization from the district to the top of the administrative scope with the Tribunal for the public authority of the agency, the organization;

3. A vote on the voter list of the voter's list of voters on the same administrative boundaries with the Court.

What? 32. Authority of the Provincial Court

The provincial court settled according to the preliminary procedure of the following complaints:

1. The main administrative decision, the administrative action of the ministry, the peer agency, the government agency, the Office of the President of the State, the Office of the National Assembly, State Audit, the Supreme People 's Court, the Supreme People' s Examination Institute, and administrative decisions, The administrative practice of the competent person in that agency that the starter has a residence, a workplace or headquarters on the same administrative scope with the Court; the case of the starter has no residence, place of work or headquarters on the territory. Vietnam has jurisdiction over the Court where the agency, who has the authority to make administrative decisions, has administrative action;

2. The administrative decision-making, administrative action of the agency belonging to one of the state agencies stipulated at one Article and the administrative decision, the administrative action of the competent person in that agency that the starter had residence, where to work or headquarters on the same area of administrative boundaries with the Court; the case of a non-resident, workplace or headquarters in the territory of Vietnam, the jurisdiction of the Court of the Court, the person with authority to decide. Administrative, administrative, administrative, and administrative.

3. The administrative decision-making, administrative action of the provincial state agency on the same administrative boundaries with the Court and of the competent persons in that state office;

4. The main administrative decision, administrative action of the District People's Committee, the Chairman of the Committee on the Board of the District on the same administrative scope with the Court;

5. The administrative decision of the administrative decision, administrative action of the representative body of the Socialist Republic of Vietnam in foreign countries or of the competent persons in that agency that the starter has a residence on the same administrative scope with the United States. The court; the case of a non-resident event in Vietnam, the Court has jurisdiction as the Hanoi People's Court or the Ho Chi Minh City People's Court;

6. The vote of the decision to discipline the head of the head of the agency, the provincial organization, the ministry, the central sector where the accuser has a place to work when disciplined on the same administrative scope with the Court;

7. The decision to resolve the complaint over the decision to handle the competitive case in which the starter has a residence, workplace or headquarters on the same administrative scope of the Court;

8. The required case, the Provincial Court can take up the resolution of the administrative case under the jurisdiction of the District Court to the provisions at Article 31 of this Law.

What? 33. Define the authority in the case of a complaint, just a lawsuit filed.

1. The case of a petit who sued the administrative case in the Court with jurisdiction, while also having a complaint to the person with the authority to address the complaint, the Court must ask the starter to choose the settlement and have the written notice. for the Court.

The event of a lawsuit cannot be made by itself, the Court is recommended by the Court for the selection of the settlement. Depending on the case the Court is treated as follows:

a) The case of the prosecco-choice of the Court of resolution, the Court of Reasoning resolved the case according to the general procedure, and informed the person with the authority to resolve the complaint and ask for the authority to resolve the complaint to transfer the entire case. The decision was made for the Court.

b) The case of the initialitee who selects the authority to resolve the settlement, the Court of the Base shall be specified at the point of E 1 Article 123 of this Law which returns the lawsuit and the accompanying documents to the starter.

The case expires at the time of the complaint that the complaint is not addressed or has been resolved but the complaint disagrees with the settlement of the complaint and has a case of administrative cases the Court considers to proceed with the case of the case. The general procedure.

2. The case many people have just sued the administrative case in the Court has jurisdiction, at the same time a complaint to the person with the authority to resolve the complaint and all these people choose one of the two competent authorities to address the trial. The voting rights are made in accordance with this one Article.

3. The case many people have just sued the administrative case in the Court has jurisdiction, while also having a complaint to the person with the authority to resolve the complaint, which has the option of the Court to settle and have the person selecting the authority to settle. a complaint or case with a person who only charges the administrative case in the Court of authority and others only complaints to the person with the authority to resolve the complaint, the jurisdiction of the settlement is determined as follows:

a) The case of rights, the obligations of the prosecution and the independent complaint to each other, the settlement of the request of the prosecution is under the jurisdiction of the Court, and the settlement of the complaint of the complacers of the competent authority. the authority to resolve the complaint;

b) The right case, the prosecution ' s obligations, and the complaint is not independent of each other, the Court of Receptors resolve the case in accordance with the general procedure, and inform the person with the authority to resolve the complaint and request transfer of the entire profile. The trial was made for the Court.

4. The event that the starter does not select the settlement, the Court returns a lawsuit to the starter.

What? 34. Transfer the case to another Court, resolve the dispute over jurisdiction

1. In the course of the execution of the administrative case according to the preliminary procedure, the Court identified that the case was not the administrative case but the civil case and the settlement of this case under his jurisdiction the Court resolved that case in accordance with the general procedure. The law denouncing the civil rights of the people, and informed the incumbent and the Institute for the same level.

2. Before the decision to take the case to trial in a preliminary procedure, which had the base determined to resolve the case under the jurisdiction of the other Court, the judge was assigned to resolve the case. Right, right, right, right, right, right?

3. After having decided to take the case to trial after a preliminary procedure, which has the grounds to determine the execution of the administrative case under the jurisdiction of the other Court, the Court must open the trial for the jury to decide the decision to suspend the trial, move the case. The case for the Court has jurisdiction.

4. When the trial of execution of the administrative case, which defines the case of the prescribed case at paragraph 1 and paragraph 2, the Court of Appeals for the Court of Appeals, the Court of Appeals, and the Court of Appeals, the Court of Appeals, and the Court of Appeals for the Court had the authority to trial the trial. The case is under the law of law.

5. When the trial of the judge, retrial the administrative case which defines the case of the prescribed case at paragraph 1 and paragraph 2 This is the Court trial for the jury or retrial of the sentence, the decision to have the legal effect and the case protocol for the Court. There is a trial for the trial of a jury to reexamine the case in accordance with the law.

6. At the expense of the complaint, the Institute of the Institute of the same authority has the right to petition the decision stipulated at paragraph 2 and paragraph 3 This on the 3-day period of work since the date of the decision. In the 3-day period of work since the date of the complaint, the petition, the Chief Justice of the Court has decided to move the administrative case to resolve the complaint, the petition. The decision of the Chief Justice of the Court is the final decision and to be sent immediately to the authorities of the complaint, the Institute of Examination has petitions.

7. The Chief Justice of the Provincial Court resolved the dispute over the authority to resolve the administrative case between the District Courts in the same province, the central city.

The Chief Justice of the Supreme People ' s Court resolved the dispute over the authority to address the administrative case between the District Court of the provinces, the different central city of the district; between the provincial courts of the jurisdiction under the territory of the Court. High school people.

The Supreme Court of the Supreme Court resolved the dispute over the jurisdiction between the districts of the districts of the provinces, the central city of various departments, the Provincial Court of the Court of Jurisdiction to resolve in accordance with the territory of the various high-ranking People's Courts.

What? 35. Import or separate administrative case

1. The Court of entry of two or more cases in which the Court has separate the case into a case to resolve with an administrative case when there is sufficient following the following conditions:

a) The separate legal cases have only one person who is suing for many administrative decisions, administrative acts are all due to an organ, organization, or a person with jurisdiction in the agency, the organization to enact, implement and have a close connection. or separate legal cases that have many people to start with the same administrative decision or administrative action;

b) The entry of two or more administrative cases into a administrative case must ensure a quick, effective, radical trial, and do not violate the trial of the trial.

2. The Court separated a case with different requirements into two or more different administrative cases to address in the case of a suspected administrative decision involving many of the defendants and the rights, the obligations of those who started to be executed. Not related to each other.

3. When entering or separating the prescribed case at paragraph 1 and paragraph 2 This, the Court granted the case that the case should be decided and sent right to the incumbent, the Institute for the same level.

Chapter III

THE AGENCY CONDUCTS THE PROCEEDINGS, WHO CONDUCTS PROCEEDINGS AND THE CHANGING OF THE PROCEEDINGS.

What? 36. The Agency conducts proceedings, who conducts proceedings.

1. The agencies conducting administrative proceedings include:

a) Tribunal;

b) Institute for inspection.

2. The conduct of the administrative proceedings include:

a) Chief Justice of the Court, Judges, People ' s Jury, Jury, Court Secretary;

b) The institute of the Institute of Examination, Detective, Audsecretary.

What? 37. Mission, jurisdiction of the Chief Justice

1. The Chief Justice of the Court has the following duties, the following powers:

a) Organisitalization of the administrative case of the jurisdiction of the jurisdiction of the Court; to ensure the implementation of the principle of Judges, the assembly of judges of the independent judge, and to obey only the law;

b) The decision to deliver the Judge to resolve the administrative case, the People's Court to the Council of the Administrative Trial; the assignment of the Judge, the Secretary of the Court to conduct proceedings on the administrative case guarantees the correct principle of regulation at Article 14 of the Council. This law.

c) The decision to change the judge, the People ' s Assembly, the Court Secretary before opening the trial;

d) The decision to change the examiner, the interpreter before opening the trial;

Make decisions and proceed with administrative proceedings;

e) Appeal under the procedure of director of the judge, retrial of the sentence, the decision to have the Court 's legal effect or the Court of Justice petite the authority to review the appeal under the procedure of supervising the judge, retrial the verdict, decided to have the law' s legal effect. The court.

g) Resolve the complaint, denouncing the provisions of this Law;

h) The petition with the agency, the individual with administrative text, administrative behavior is associated with administrative decision, the act of being sued to review the amendment, add or abolish the text, terminate that behavior if there is a left sign with the rule of law. The law of the law;

i) The petition with the agency, the individual with the authority to review, amend, supplement or abolish the law of the rule of law if there is a left sign with the Constitution, the law, the law that rules the law of the state authority above the provisions of this Law;

l) Procouncing the obstruction of administrative action in accordance with the rule of law;

l) Do the task, the other authority according to the provisions of this Law.

2. When the Chief Justice is absent, a Deputy Chief Justice is appointed by the Chief Justice, the powers of the Chief Justice, except for the right to decide the prescribed appeal at the point of one Article. The Deputy Chief Justice is accountable to the Chief Justice on the task of duty, the mandate to be mandated.

What? 38. Mission, jurisdiction.

When it was assigned by the Chief Justice, the judge had the following duties, the following powers:

1. Event processing;

2. Administrative case file;

3. Verify, document collection, evidence; organization of the trial, session to resolve the administrative case under the provisions of this Law;

4. Decision to apply, change, cancel the temporary emergency measure;

5. The decision to suspend or suspend only, the decision to continue to take the administrative case to resolve;

6. Explain, the guide to the incumbent so that they exercise the right to ask for legal assistance in accordance with the law of legal assistance;

7. conduct session examining the delivery, approach, public testimony and dialogue in accordance with the rules of this Law;

8. The decision to take the administrative case to trial;

9. The convener of the trial, the session;

10. Request for agency, organization, individuals to provide documentation, evidence or verification, document collection, evidence under the rules of this Law;

11. Chairperson or join the council for the execution of the administrative case; voting on matters of the jurisdiction of the Council of Trial;

12. Review of the legalization of administrative text, administrative action is associated with administrative decision, the act of being sued, and recommended the Chief Justice of the Court of petitions with the agency, the individual with authority to review administrative documents, acts of action. That's the rule of law;

13. Detout and offer the Chief Justice of the Court of petitions with the authority to review, amend, supplement or abolish the law of law that has a left sign with the Constitution, the law, the law that rules the law of the state agency on its provisions. This law.

14. Treatment of obstruct behavior impede administrative proceedings under the rule of law;

15. Do the task, the other authority according to the rules of this Law.

What? 39. The mandate, the powers of the People ' s Court

When the Chief Justice of the Court is assigned, the People's Assembly has the following duties:

1. Research case study;

2. Offer the Chief Justice of the Court, Judge is assigned to resolve the case of the decision making the necessary decision in the jurisdiction;

3. Join the administrative trial council;

4. conduct proceedings and peer into judgment with the judge upon the resolution of the matter under the jurisdiction of the Assembly of the trial.

What? 40. The mission, the jurisdiction of the Judge

When you are assigned by the Chief Justice, the Judge has the following duties, the following powers:

1. Examine the administrative case file on which the verdict, the decision of the Court, has the effect of the law required to review the procedure of the jury, retrial;

2. The conclusion of the appraisal and reporting of the results of the interrogation, proposed the execution of the administrative case with the Chief Justice of the Court;

3. Gather documents, evidence according to the rules of this Law;

4. Do the task, the other authority according to the rules of this Law.

What? 41. Mission, jurisdiction of the Secretariat of the Court

When assigned, the Court Secretary has the following duties, the following powers:

1. Prepare the necessary career jobs before the opening of the trial;

2. The Common Common Domain;

3. Check out and report to the Board on the List of people who are summoned to the trial;

4. Record the trial of the trial, compile the session, document the testimony of the participant;

5. Do the task, the other authority according to the rules of this Law.

What? 42. The mission, the authority of the Institute of Police

1. When carrying out the compliance of law enforcement in administrative proceedings, the Institute of Corrects of Examination has the following duties, the following powers:

a) The organization and the conduct of the implementation of the law enforcement work in accordance with the law in administrative proceedings;

b) The assignment of the Examination Examination to examine the compliance of the law in accordance with the law in administrative proceedings, participation in the trial, the session to resolve the administrative case under the provisions of this Law and inform the Court; the examination of the examination. The statute of conduct is subject to the law enforcement case in accordance with Article 14 of this Law;

c) The decision to change the examination of the Audan, the Audite;

d) Appeal under the appellate procedure, jury director, retrial of the sentence, the decision of the Court by the provisions of this Law;

Requirements, recommendations by the rules of this law;

e) Resolve the complaint, denouncing the provisions of this Law;

g) Do the task, the other authority according to the provisions of this Law.

2. When the Institute is absent, a vice president is appointed by the Director of the mandate, the authority of the Chamber of Ministers, except for the right to decide the regulation of regulation at the end of this Article 1 Article. The Deputy Minister is accountable to the Institute for the implementation of the mandate, the mandate is mandated.

What? 43.

When the Secretary of the Institute of Public Examination Performs to examine the compliance of law in administrative proceedings, the prosecutor has the following duties, the following powers:

1. Check out the lawsuit returns;

2. Check out the rationing, solve the case;

3. Study of case records; verification, document collection, regulatory evidence at paragraph 6 Article 84 of this Law;

4. Participate in the trial, session and statement of the examination of the examination institute on the resolution of the case by the rules of this Law;

5. Check out the verdict, the Court ' s decision;

6. Requisition, the Court petition performs proceedings under the provisions of this Law;

7. Recommend with the Institute 's Academy of Appeals for the authority to appeal the verdict, the Court' s decision has a violation of the law;

8. Check out the litigation activity of the litigant; the request, the agency petition, the organization has the authority to handle the seriousness of the offender to violate the law;

9. Do the task, the other authority according to the rules of this Law.

What? 44.

When assigned, the Audit Officer has the following duties, the following powers:

1. Research of the case file, report results to the Audit Officer;

2. Set up the case of examination of the administrative case according to the assignment of the Audit Officer or the Institute of Police Officer;

3. Help the Auditor to examine the statutory compliance under the rules of this Law.

What? 45. The cases must reject or change the proceedings of the proceedings.

The person who conducts proceedings must refuse to conduct proceedings or be changed if belonging to one of the following cases:

1. And at the same time is the present, the representative, and the loved one;

2. Having joined as the defender of the right and the legitimate interests of the incumbent, the witness, the examiner, the translator in the same case;

3. Having been involved in the administrative decision or is related to the executed administrative action;

4. Having been involved in the decision to resolve the complaint to the administrative decision, the administrative action is sued;

5. Having participated in the decision to determine the discipline of law forced to cease or have been involved in the decision to resolve the complaint to the disciplinary decision that forced the public to be sued;

6. Having been involved in the decision to handle the competitive incident, the decision to resolve the complaint about the decision to handle the lawsuit was sued;

7. Having been involved in setting up a list of defendants is sued;

8. There are other obvious grounds that they may not be uneven while on duty.

What? 46. The cases of Judges, the People ' s Assembly must refuse to conduct proceedings or be changed.

The judge, the People ' s Assembly must refuse to conduct proceedings or be changed if belonging to one of the following cases:

1. In one of the prescribed cases at Article 45 of this Law;

2. They are joined together in a trial, and they are the relatives of each other; in this case, only one is made a proceedings;

3. They have been involved in solving that administrative case in accordance with the preliminary procedure, appellate, jury or retrial officer and have released a preliminary sentence; the verdict, the appellate decision; decision of the jury or retrial and the decision to suspend the case, decision. The decision to recognize the outcome of the dialogue, except for the case being a member of the Supreme Court Justice Council, the High Court Justice Committee on the Supreme Court was consulted on that case in accordance with the procedure of the jury, retrial;

4. They have been the proceedings of the case in that case as the Judge, the Court Secretary, the AuditeOfficer, the Auditeit.

What? 47. The cases of the Court Secretary, the Judge must refuse to conduct proceedings or be changed.

The Court clerk, the coroner must refuse to conduct proceedings or be changed if belonging to one of the following cases:

1. In one of the prescribed cases at Article 45 of this Law;

2. It was the person who conducted the proceedings in that case as Judge, the People ' s Jury, the Examine, the Court Secretary, the Auditabre, the Examine;

3. Being a loved one with one of the other litigers in that case.

What? 48. The procedure refused to conduct proceedings or offer to change the Judge, the People ' s Assembly, the Judge, the Court Secretary.

1. The refusal to conduct proceedings or offer to change the judge, the People ' s Assembly, the Jury, the Court Secretary before the opening of the trial must be established in writing, which states the reason and the grounds of refusing to conduct proceedings or of the offer. It changes the person to the proceedings.

2. The refusal to conduct proceedings or the offer to change the specified persons at this one Article at the trial must be inscribed on the transcript of the trial.

What? 49. Decision on the Change of Judges, People ' s Jury, Judge, Court Clerk

1. Before the opening of the trial, the change of the Judge, the People ' s Assembly, the Judge, the Court Secretary appointed by the Court Chief Justice.

The case of the Judge being changed is that the Chief Justice of the Court is resolved as follows:

a) The judge is the Chief Justice of the District Court appointed by the Chief Justice of the Provincial Court;

b) The judge is the Chief Justice of the Provincial Court appointed by the Chief Justice of the High Court on the territory to that provincial court decided;

c) The judge is the Chief Justice of the High People 's Court appointed by the Chief Justice of the Supreme People' s Court.

2. At the trial, the change of the judge, the People ' s Jury, the Court Secretary appointed by the Council of Appeals after hearing the opinion of the person being asked to change. The jury deliberated at the conference room and decided to follow the majority. The case must change the judge, the People's Assembly, the Court Secretary without a substitute, and the jury decides to postpone the trial. The Court of the Court decided to send a judge, the People's Assembly, the Secretariat of the Court to replace the changed person; if the person being changed is the Chief Justice of the Court, the decision authority is made in accordance with the provisions of this Article.

3. During the 5-day period of work since the trial of the trial, the Chief Justice Court must send others instead.

What? 50. The cases of Examination, the Examine must refuse to conduct proceedings or be changed.

Check the officer, the Auditefactor must refuse to conduct proceedings or be changed if one of the following cases:

1. In one of the prescribed cases at Article 45 of this Law;

2. It was the person who carried out the proceedings in that case as Judge, the People ' s Jury, the Judge, the Secretary of the Court, the Auditeos, the Auditeos in that case.

What? 51. The procedure refused to conduct proceedings or offer to change the Audit, Check Officer.

1. The refusal to conduct the proceedings or offer to change the examination of the Board before opening the trial must be established in writing, which states the reason and the base of the refusal or offer to change the examination.

The refusal to conduct proceedings or recommend changes to the Examine must be established in writing, which states the reason and the base of the refusal or offer to change the Audit.

2. The refusal to conduct the proceedings or offer to change the examination of the officer at the trial must be written to the court of the trial.

What? 52. Decision to Change Officer, Test Officer

1. Prior to the opening of the trial, the change of the examination of the examination by the Institute of the Institute of Police at the same level was decided; if the examination of the officer was changed, then the Institute of Examination was decided directly by the Institute of Police.

The change of the examination is by the Institute of Police at the same discretion.

2. At the trial, the change of the examination by the jury decided after hearing the opinion of the person being asked to change. The jury deliberated at the conference room and decided to follow the majority.

In case of a change in the examination, the jury decided to postpone the trial. The election of the Federal Inspectman was changed by the Institute of Police at the same decision level; if the candidate was changed, the Institute for the Institute of Examination was decided by the Institute of the Institute for the Prevention of Subordinate Examination.

3. During the 3-day period of work since the date of the trial, the Institute of Correctiers of the examination must send other people to replace and inform the Court.

Chapter IV

PARTICIPANTS OF THE PROCEEDINGS, THE RIGHTS AND OBLIGATIONS OF THE PARTICIPANTS

What? 53.

The participants of the executive order are the incumbent, the representative of the incumbent, the defender of the right and the legitimate interests of the incumbent, the witness, the examiner, the translator.

What? 54. The law of law enforcement and the competence of the administrative proceedings of the incumbent.

1. The law of law enforcement is the ability to have rights, obligations in administrative proceedings due to the law of regulation. All agencies, organizations, individuals have the same law enforcement laws in asking the Court to protect their right and legitimate interests.

2. The administrative charge of administrative proceedings is the ability to exercise itself, the obligation in administrative proceedings or authorization for the representative to the administrative proceedings.

3. At the same time, a person from all eighteen years of age has become fully qualified for administrative proceedings, except for the loss of civil or other regulated civil law.

For people who are restricted to civil behavior, who have difficulty in perception, as a subject matter, their administrative action is determined by the decision of the Court.

4. At the same time as the unjuvenile, the loss of the ability of civil conduct, who is limited to the competence of civil behavior or who has difficulty in perception, is the owner of the rights exercise, the duty of the incumbent in administrative proceedings through the agent. The law.

5. It is the agency, the organization that performs the right, the obligation in the administrative proceedings through the representative under the law.

What? 55.

There is a right, equal obligation to participate in the proceedings, including:

1. Respect the Court, which approx the conduct of the court of court;

2. Blisters for legal fees, fees, fees and other litigation costs according to the rule of law;

3. Hold, change, supplement or withdraw requirements;

4. The full supply, the exact location of the residence, its headquarters; in the course of the Court to resolve the case if the address changes, the residence, the headquarters should be informed in time for the other incumbent and the Court;

5. Provide documentation, evidence, proof to protect its legal rights and interests;

6. The agency, the organization, the individual who is holding, managing the document, the evidence to provide the document, the evidence for yourself to deliver it to the Court;

7. Recommend the Court verififully, collecting documents, evidence of the case that he is unable to perform; recommended that the Tribunal force the other side of the document, the evidence that they are keeping, governing; recommended the Court decision to force the agency, the organization, the individual. In saving, the management of evidence provides evidence; recommended that the Court convenes the witnesses, the judging panel, the asset valuation;

8. Known, documented and copied by the other incumbent or by the Court of Collecting, except for the document, the evidence is not made public in accordance with Article 96 of the Law;

9. The filing of the lawsuit and document, evidence for the Court to be sent to another person or other legal representative of the other, except for the document, the evidence is not made public in accordance with Article 96 of the Law;

10. Recommend the Court to decide the application, change, cancel the temporary emergency measure;

11. Recommend the Court to hold a session examining the delivery, access, public testimony, dialogue and participation in the session during the trial of the case of the case;

12. A valid message for exercise rights, obligations;

13. Self-defense, thanks to the lawyer or other person defending the right, the legal benefit for yourself;

14. Ask for a change in the person who conducts the proceedings, the participant of the proceedings;

15. Join the trial, session session;

16. Must be present according to the Court 's summons and approve the Court' s decision in the Court process of resolving the case;

17. Offer the Court to take the right to the right, the obligation to involve the proceedings;

18. Proposal for the Court to suspend the case only;

19. Give the question to other people about the matter concerning the case or the proposal with the Court of matters that need to ask with others; being treated with one another or with the witnesses;

20. Debate at the trial, making arguments on the assessment of evidence and law applicable;

21. Being granted a verdict of the case, the decision of the Court;

22. Appeal, conviction complaint, court decision;

23 Suggenties to have the authority to appeal in accordance with the procedure of the judge, retrial, the Court ' s decision has been in legal effect;

24. Accept of corrects the verdict, the Court ' s decision has legal effect;

25. Using the right to the right of the right hand, not to be abused to obstruct the proceedings of the Court, in other things;

26. Rights, other obligations under the rule of law.

What? 56. Rights, the duty of the starter

The starter has the rights, the following obligation:

1. Rights, obligations specified at Article 55 of this Law;

2. Change the contents of the request for the start, if the event is still; partially withdrawing or the entire request for the start.

What? 57. Rights, the defendant ' s duty

The defendant has the rights, the following obligation:

1. Rights, obligations specified at Article 55 of this Law;

2. Be notified by the Court on the lawsuit;

3. Proof of the right, legal decision of the administrative decision, the executed administrative action;

4. Repair or cancel the administrative decision, decide the discipline to stop, decide to resolve the complaint of the decision to handle the competition, the list of voters being sued; stop, rectify the defendant's execution.

What? 58. Rights, the obligation of the right, the obligation involved

1. The person with the rights, the related obligation may have an independent request, to join the proceedings with the prosecution or with the defendant.

2. The person with the rights, the obligation related to an independent request, is entitled, the obligation of the initialor stipulated at Article 56 of this Law.

3. The person with the right, the related obligation if entering proceedings with the prosecution or only the right is entitled, the obligation stipulated at Article 55 of this Law.

4. The person with the rights, the related obligation if entering proceedings with the prosecution or only the obligation is entitled, the obligation stipulated at paragraph 1 and paragraph 2 Article 57 of this Law.

What? 59.

1. The case of the starter is the deceased individual whose rights, the obligation of the person inherited, the heir to the proceedings.

2. The case of the starter is the agency, the merged organization, the merger, the split, the dissolution, the body, the body, the organization or the individual inherits the right, the agency 's obligations, the former organization exercise rights, the agency' s litigation obligations, that organization.

3. The case of the defendant is the person with authority in the agency, the organization that the agency, which is united, the merger, the split, the separation, the dissolution, the recipient of the right, the obligation of the person to the proceedings.

The case of the person being sued is the authority in the agency, the organization that the title is no longer the head of the agency, the organization that exercises the right, the person's obligation to be sued.

4. The case of the lawsuit is the agency, the merged organization, the merger, the split, the body, the organization's successor, the office of the agency, the former organization, the agency, the agency, the organization.

In the case of the alleged organ, the organization dissolved without a successor, the obligation, the organization, the organization's rights, the obligation of the accused.

5. The case of mergers, division, separation, dissolution, administrative status adjustment in an administrative unit where the object of the administrative decision has the change, the agency, the individual who made the administrative decision responsible for participating in litigation with the public. How to be sued at the courthouse where the agency, the organization, the individual with the decision to be sued. The subject of the object of the administrative decision is sued to take part in the proceedings as a person of interest, the obligation to be related.

6. The succession to the right, the cemeal obligation can be accepted by the Court at any stage in the process of addressing the administrative case.

What? 60.

1. The representative in the administrative proceedings consists of the representative under the law and the authorized representative.

2. The representative under the law in administrative proceedings may be one of the following, except for the case that the person is restricted to the right of representation by the rule of law:

a) Father, mother to child;

b) The guardian of the guardship;

He is appointed by the Court for a man who is restricted to the power of the people; and he has difficulty in knowledge, to be a master of behavior;

d) The head of the agency, the organization due to be appointed or elected by the rule of law;

Others follow the rules of the law.

3. The authorized representative in the administrative proceedings must be the person of full civil force, to be held or represented by the law of the authorities.

In the family case, the organization, the other organization, does not have the legal status of administrative proceedings, the members may authorize a member or other as a representative of the administrative proceedings.

Where the defendant is the agency, the organization or the head of the agency, the defendant is authorized only for his deputy to represent. The authorized person must participate in the process of solving the entire case, fully implementing the rights and obligations of the person to be sued under the provisions of this Law.

4. The representative under the law, the delegate under the mandate in the executive order to end the representation under the provisions of the Civil Code.

5. The representative under the law in the executive order performs the rights, meaning the administrative proceedings of the incumbent on which he is representative.

The representative pursues the authority in the executive order to execute the rights, the administrative proceedings of the proxy. The authorized person is not authorized again to the third person.

6. The following are not being represented:

a) If they are contemporary in the same case with the person who is represented that their legal rights and interests are in opposition to the legal rights and interests of the person represented;

b) If they are represented in the administrative proceedings for another person, the legitimate rights and interests of the incumbent are in opposition to the legitimate rights and interests of the person represented in the same case.

7. Officer, civil service in the Courts, Institute of Inspects, Inspects, Executions; civil service, officer, corporal in the Department of Public Security is not represented as a representative in administrative proceedings, except for the case that they join the proceedings as adults. It ' s for their agency or as a law-based representative.

What? 61. The defender of the right and the legitimate interests of the incumbent

1. The defender of the right and the legitimate interest of the incumbent is the participant of the proceedings to protect the legitimate rights and interests of the incumbent.

2. The following are made to defend the right of the right and the legitimate interests of the incumbent upon the request of the incumbent and the Tribunal for the procedure to register for the protection of the right and the legitimate interests of the incumbent:

a) Counsel in law, according to the law of the law,

b) Legal assistance or legal aid participant in accordance with the law of legal assistance;

c) The citizens of Vietnam have full civil conduct capacity, have legal knowledge, have not been convicted or convicted but have been cleared of the case, not in the case of being under the application of administrative treatment, not cadres, civil servants in the agencies, and the government. The court, the Institute of Examination, Ombudgis, Thi the execution; civil service, officer, corporal officer in the Public Security industry.

3. The defender of the right and the legitimate rights of the incumbent can protect the legitimate rights and interests of the people in the same case, if the legal rights and interests of those people do not face each other. Many people protect the legal rights and interests of the incumbent who can also protect the legal rights and interests of the person in the case.

4. When offering the Court as the procedure to register the defender of the right and the legitimate interests of the incumbent, the offer must publish the following papers:

a) The lawyer must publish the prescribed papers at paragraph 2 Article 27 of the Law of the Law;

b) Legal assistance or a participant in the legal aid of the law enforcement of the organization carrying out the legal assistance of the organization carrying legal help and a legal aid card or a lawyer card;

c) The citizens of Vietnam are eligible for regulation at point 2 This presents the requirements of the incumbent and the identification of the person.

5. After examination of the papers and seeing the recommended person to be eligible as a defender of the right and the legitimate interests of the regulation stipulated at 2, 3 and 4 This is in the 3-day period of work since the date received, the Court must enter the register. The person who protects the right of the right and the legitimate interests of the incumbent and the identification of the right to the protection of the right and the legitimate interests of the incumbent. In the case of refusal to register, the Court must inform and specify the reason for the proposal.

6. The defender of the legitimate rights and interests of the incumbent has the rights, the following obligation:

a) Join the proceedings from the onset of the event or any phase in the administrative proceedings;

b) Gather documents, evidence, and provision of documents, evidence for the Court, to study case records and to be documented, how to take the necessary documents in the case file to carry out the protection of the authorities and the legitimate interests of the incumbent, except for documentation It is not publicly available in accordance with Article 96 of this Law.

c) Joining the trial, the session or in the case of not participating is to be sent the copyright protection and the legal benefit of the Court to consider;

d) On behalf of the request to change the person who conducts proceedings, the other litiger according to the rules of this Law;

Helping to be legally relevant in relation to the protection of their rights and legal interests; on behalf of the identification of the papers, the document of proceedings, the Court of Extortion, or the message in the case of the authority, and of the duty of duty,

e) Rights, regulatory obligations at 1, 6, 9, 16, 19 and 20 Articles 55 of this Law;

g) Rights, other obligations under the rule of law.

What? 62.

1. The witness is that the person who knows the facts is relevant to the case content is now recommended and the Court convenes the proceedings. People who lose the power of civil conduct cannot be a witness.

2. The witness has the rights, the following obligation:

a) To provide all the information, documents, items that he has in connection with the settlement of the case;

b) The honest declaration of the circumstances in which he knew was related to the settlement of the case;

c) accountable to the law of its declaration, compensation of the damage caused by false declaration of truth to the cause or for others;

d) Must be present at the Court and at the trial according to the court ' s summons if the testimony of the witness must be made at the Court, at the trial; the case of the witness did not come to trial without a legitimate reason and the absence. And their faces impede judgment, and the Council of judges may make the decision to lead him to the trial;

You must commit to the Court for the exercise of your right, your duty, except for the case of a man who is not a minor.

e) To be refused to declare if his testimony is related to state secrets, professional secrets, business secrets, personal secrets, or declarations of evil, detrimental to the person who have a relationship with him;

g) being rested during the time of the Court convening or taking testimony;

h) to be paid for the relevant costs by the rule of law;

i) Ask the Court to have convened, the state agency has the authority to protect its life, health, honor, dignity, property, rights, and other legitimate interests when entering proceedings;

) A complaint against the proceedings, denouncing the violation of the law of the proceedings, the proceedings.

What? 63.

1. The examiner is the person with knowledge, the experience required by the rule of law on the subject of which the subject needs to be determined, given by the parties to the agreement of choice or by the Court of the Court to judge that object at the request of a or the parties.

2. The examiner has the rights, the following obligation:

a) Read the document that is present in the case file in relation to the subject of the examiner; the request for the Court to provide the necessary documentation for the judging;

b) Question the participants of the proceedings concerning the subject matter concerning the subject matter;

c) On the summons of the Court, answer questions concerning the monitoring;

d) The written notice to the Court knew of the incompetence due to the need for the decision to exceed the ability of expertise; the documentation provided for the provision of insufficiently or unusable oversight;

The preservation of the document received and sent back the Court together with the conclusion of the decision or along with the announcement of the indeterminate;

e) Not by itself collecting documents as a subject matter, contact with other participants if the exposure affects the results of the monitoring; it is not disclosed confidential information that he knows when conducting or announcing the document. The result of the judgment for others, except for the man who has decided to make a request for a request;

g) Independence gives the conclusion of the monitoring; conclusion of the monitoring of honesty, based on the base;

) To be paid for expenses by law;

i) Commit to the Court on the exercise of rights, its obligations.

3. The examiner must refuse or be changed in the following cases:

At the same time, he is the same, the representative, and the beloved of the same;

b) participated in the proceedings as the defender of the right and the legitimate interests of the incumbent, the witness, the interpreter in the same case;

c) has taken the oversight of the same object that needs to be specified in the same case;

d) conducted proceedings in that case as Judge, the People ' s Jury, the Examine, the Court Secretary, the Auditabre, the Examine;

There are other obvious bases that they may not be uneven while on duty.

What? 64. interpreter

1. The translator is the one who is able to translate from another language to the Vietnamese language and vice versa in the event of a non-use case participant. The translator is either chosen by the incumbent or the parties to the option and is accepted by the Court or required by the Court for translation.

The person who knows the handwriting of the person with a visual or a listener, speaks in the language, the sign of the handicapped person, is also considered a translator.

Where only the representative or the loved one of the handicapped person or the handicapped person hears, the disabled speak the language, their sign the agent or the loved one can be accepted by the Court as a translator for the person. You have a disability.

2. The translator has the rights, the following obligation:

a) On the summons of the Court;

b) The honest, objective, correct translation;

c) Recommend the person who conducts proceedings, the participant of the explanation adds the translation to the translator;

d) Not to be exposed to other litigable participants if that exposure affects honesty, objectiation, the correct meaning as the translator;

to be paid for expenses by law;

e) Commune before the Court on the exercise of the right, his obligations.

3. The translator must decline or be changed in the following circumstances:

At the same time, he is the same, the representative, and the beloved of the same;

b) He has entered into proceedings as the defender of the right and the legitimate interests of the incumbent, the witness, the examiner in the same case;

c) conducted proceedings in that case as a Judge, the People ' s Jury, the Examine, the Court Secretary, the Auditabre, the Examine;

d) There is another apparent base that they may not be uneven while on duty.

What? 65. The procedure rejected the examiner, the translator or suggested changing the examiner, the translator.

1. Before opening the trial, the rejection of the examiner, the translator or the offer to change the examiner, the translator must be established in writing and stating the reason of the rejection or offer of change; the changing of the examiner, the person. The trial was decided by the Chief Justice.

2. At the trial, the rejection of the examiner, the translator or the offer to change the examiner, the translator must be credited to the trial editor; the change of the examiner, the translator decided by the jury after hearing the comment. The man's ant was asked to change.

Chapter V.

TEMPORARY EMERGENCY MEASURES

What? 66. The right to request temporary emergency measures

1. In the process of solving the case, in fact, the agent of the incumbent has the right to ask the Court to be addressing that case applying one or more of the provisional emergency measures stipulated at Article 68 of this Law to temporarily address the issue request. Of course, protection of evidence, preserving the status quo is not able to overcome the damage, ensuring the resolution of the case or the execution of the court.

2. The case due to an emergency situation, which requires immediate protection, prevents serious consequences from being able to occur, the agency, the individual that has the right to file a Court with the authority to issue a decision to adopt a temporary emergency measure at the time. Article 68 of the Law is simultaneously with the filing of a lawsuit for that Court.

3. The requirement to apply a temporary emergency measure does not have to take a guarantee measure.

What? 67. The authority decides to apply, change, cancel the temporary emergency measure.

1. The application of, change, cancel the interim emergency measure before opening the trial due to a Judge review, the decision.

2. The application, change, cancellation of the temporary emergency measure at the trial of the review review, decided.

What? 68. temporary emergency measures

1. The suspension of the execution of the administrative decision, the decision to discipline the decision, decided to deal with the competition.

2. Stop the execution of administrative action.

3. Ban or force execution of certain behavior.

What? 69. The suspension of the execution of the administrative decision, the decision to discipline the decision, decided to handle the competition.

The suspension of the administrative decision, the decision to discipline the law, decided to deal with the case, and the decision to deal with the case was applied if the decision was made in the course of the case, that the decision to execute the decision would lead to serious consequences. Can't fix it.

What? 70. Stop the execution of administrative action

Stopping the implementation of the administrative action is applied if there is a basis that the continued execution of administrative action will result in serious consequences that cannot be remedied.

What? 71. Ban or force execution of certain behavior

Prohibited or forced to perform certain behavior applied if in the process of solving the case whether the incumbent or not carrying out certain behaviors does affect the settlement of the case or the right, the legitimate interests of others. is relevant in the case that is being addressed by the Court.

What? 72. Responsible in the request, application of temporary emergency measures.

1. At the request of the Court to decide whether to apply a temporary emergency to be held accountable to the law of its requirements, if the damage is caused by the law.

2. The court applies a temporary emergency measure not true to the person's requirement that damages the person to apply for temporary emergency or damages the third person the Court must compensate.

3. The court imposed an interim emergency measure by statute or not to apply a temporary emergency without proper grounds, causing damage to the person with a request to apply for temporary emergency measures, the Court said in a statement. No, no.

4. The compensation of the damages is prescribed at paragraph 2 and paragraph 3 This is done under the provisions of the State ' s Compensation Law.

What? 73. The procedure to apply temporary emergency measures

1. The Court asked the Court to apply a temporary emergency measure to be sent to the Court with the authority to accompany the document, evidence to demonstrate the need to apply for temporary emergency measures.

2. The request to apply a temporary emergency measure must have the following main content:

a) Day, month, year of writing;

b) Name, address; telephone number, fax, email address (if any) of the person requesting to apply temporary emergency;

c) Name, address; telephone number, fax, email address (if any) of the person being asked to apply temporary emergency measures;

d) The summary of the administrative decision content, the disciplinary decision forced by the decision, decided to resolve the complaint of the decision to handle the competition or the executed administrative action;

The reason for the application of temporary emergency is required;

e) A temporary emergency measure that needs to be applied and specific requirements.

3. For the case of a request to apply the temporary emergency measure stipulated at paragraph 1 Article 66 of this Law, the judge is assigned to resolve the case to review, resolve. In the 48-hour period from the time of the request to the request, the judge must make a decision to apply the temporary emergency measure; the case does not accept the request, the judge must notify by writing and specify the reason for the requested person, the Institute of Police. level.

In the case of a petition to apply for a temporary emergency in the trial, the jury review the decision to apply for a temporary emergency; the case does not accept the request, the Council for the Hearing, stating the reason. for the request and write to the transcript.

4. For the case of a request to apply a temporary emergency measure stipulated at paragraph 2 Article 66 of this Law, after receiving a request along with the lawsuit and the document, the evidence is accompanied, the Chief Justice of the Court appointed as a resolution Judge. the request. For the 48-hour deadline since the time of receiving the request, the judge must consider and make the decision to apply the temporary emergency measure; if not accepting the request, the judge must inform the written and specify the reason for the requested person, the Institute of Control. Same level.

What? 74. Change, cancel the temporary emergency measure

1. At the request of the incumbent, the Court review, the decision to change the temporary emergency measure is being applied when the review is no longer appropriate that it is necessary to change by another temporary emergency measure.

2. The court decision to cancel the temporary emergency measure was applied when belonging to one of the following cases:

a) The requirement to apply a temporary emergency measure recommended to cancel the temporary emergency measure has been applied;

b) The base of the application of temporary emergency measures is no longer;

c) The case has been resolved by the verdict, the Court ' s decision has been in legal effect;

d) The Courts of Court return a lawsuit filed under the provisions of this Law;

The case is suspended as prescribed at Article 143 of this Law.

3. The procedure changes, cancelation of temporary emergency measures taken under the regulation at Article 73 of this Law.

What? 75. The effect of the decision to apply, change, cancel the temporary emergency measure.

1. The decision to apply, change, cancel the temporary emergency measure effective immediately.

2. The court must grant or send it to the decision to apply, change, cancel the temporary emergency measure to the incumbent, the Institute of the same degree and the civil execution body of the same level.

What? 76. Complaints, petitions of application, change, cancellation of temporary emergency measures

1. With the right to complain, the Institute of Examination has the right to petition with the Chief Justice Court addressing the case of the decision to apply, change, cancel the temporary emergency measure or the Judge does not decide to apply, change, cancel the measure. Temporary emergency. The deadline of the complaint, the petition is 3 days of work since the date of receiving the decision to apply, change, cancel the interim emergency measure or the judge ' s announcement on the non-decision to apply, change, cancel the temporary emergency measure.

2. At the trial, which is in charge of a complaint, the Institute of Examination has the right to petition with the Assembly for the review of the application, change, cancellation of the temporary emergency or do not apply, change, cancel the temporary emergency measure.

What? 77. Resolve the complaint, petition to apply, change, cancel the temporary emergency measure.

1. The Chief Justice of the Court must consider, resolve the complaint, the petition stipulated at paragraph 1 Article 76 of this Law in the 3-day period of work since the date received the complaint, the petition.

2. The decision to resolve the complaint, the motion of the Chief Justice of the Court is the final decision and must be granted or sent immediately to the incumbent, the Institute of the same degree and the civil law enforcement body of the same level.

3. The settlement of the complaint, the petition at the trial of the jurisdiction of the Assembly of the trial. The decision to resolve the complaint, the Council ' s petition was the final decision.

Chapter VI

PROOF AND EVIDENCE.

What? 78. The obligation to provide evidence, prove in administrative proceedings

1. The starter is obliged to provide a copy of the administrative decision or decision-discipline decision, which decides to resolve the complaint about the decision to handle the competition, the copy of the decision to resolve the complaint (if any), provide a different evidence. To protect your rights, to your legitimate interests; in the absence of a reasonable one, you must specify a reason.

2. The defendant is obligated to provide the Case Court to resolve the complaint (if any) and the copy of the documents, the document that the base goes in for the administrative decision, the disciplinary decision forced out, the decision to resolve the complaint about the decision to handle the case. It ' s competitive or there ' s administrative behavior.

3. The person with the right, the related obligation is obliged to provide evidence to protect the right, its legitimate interests.

What? 79. The facts, the event are not proof

1. The facts, the following events do not have to prove:

a) The facts, the obvious facts that everyone knows and are acknowledged by the Court;

b) The facts, events that have been identified in the verdict, the Court ' s decision has been in effect of law;

c) The facts, events have been written in the text and are documented, legally attested; the case with suspicion of the authenticity of the situation, the event in this text, the judge may ask for the agency, the organization, the individual who has provided, delivered. Original text, original text.

2. A party that acknowledges or does not object to the facts, events, documents, documents that the other side gives, the side of the situation, the event, the document, the document, the document, is not proven. In the presence of a representative participant, the acknowledgation or non-objection of the agent is considered to be an acknowledgation of the incumbent if not beyond the scope of the representation.

What? 80.

Evidence in the administrative case is what is true, the agency, the organization, the other individual handed over, the appearance for the Court during the proceedings or by the Court collected by the order, the procedure prescribed by this Law that the Court uses as a base. To identify the objective conditions of the case as well as to determine whether or not the objections of the authorities are based and legal.

What? 81.

The evidence is collected from the following sources:

1. The readable, audiable, visible, electronic data;

2. The witness;

3. The testimony of the same.

4. The testimony of the witnesses.

5. The conclusion of the judge;

6. The receipt of the results of the appraisal results;

7. Value results, asset price appraisal;

8. The document confirms the event, the legal behaviour due to the person of the established function;

9.

10. Other sources follow the rule of law.

What? 82.

1. The reading document is considered to be evidence if it is the main or copy of a witness, legal certificate or by the agency, the organization has the authority to provide, confirm.

2. The document heard, the view is seen as evidence if presented with the text of the person with that document on the origin of the document if they are self-recorded, the recording or text confirmed by the person who provided the arrival of the publisher. of that document or the text of the incident regarding the recording, the recording.

3. The electronic data message is shown in the form of electronic data exchange, electronic evidence, electronic mail, telegraph, telegraph, fax and other similar forms according to the law of electronic transactions.

4. The evidence is that the evidence has to be the original phenomenon in relation to the incident.

5. The testimony of the incumbent, the testimony of the witness is seen as evidence if written in writing, recording tape, record disc, tape recorder, record disc, other device storage audio, image according to regulation at paragraph 2 of this or testimony by word. at the trial.

6. The regulatory conclusion is seen as evidence if that oversight is conducted according to the procedure prescribed by the law.

7. The margin of appraisal results in place is considered evidence if the appraisal is conducted in accordance with the procedure prescribed by law.

8. The valuation outcome, the asset price appraisal is considered proof if the valuation, the price appraisal is conducted in accordance with the procedure prescribed by the law.

9. The document confirms the event, the legal behavior provided by the person with a position in which it is considered evidence if the text of the document confirms the event, the legal behavior is conducted according to the procedure prescribed by the law.

10. Other sources by the rule of law are identified as evidence.

What? 83. Document delivery, evidence

1. In the course of the Court to resolve the administrative case, the incumbent, and the obligation to hand over the document, evidence to the Court; if the incumbent does not submit or submit not full of documents, the evidence is required by the Court without the correct reason, the Court of the Court. In the document, the evidence that you have delivered and the Court has gathered by the provisions at paragraph 2 Article 84 of this law to solve the case.

2. The time of the delivery of the document, the evidence for the Court must be established as a border. In the text must specify the name, form, content, characteristics of the document, the evidence; the number of copies, the number of pages of documents, evidence, and time of receiving; the signature or point of the delivery person, the signature of the recipient and the sign of the Court. The border must form two copies, a copy of the administrative case file and a delivery of the document that is filed, the evidence holds.

3. At the time of the submission to the Court of Document, the evidence in the language of the minority, foreign language must be accompanied by the translation to the Vietnamese language, which is legally attested.

4. The time of the filing of the document, the evidence that the judge was assigned to address the case was issued, but it was not too limited to be judged under the prescribed procedure specified at Article 130 of this Law.

5. The case of the document, the evidence that has been delivered has not secured sufficient basis to resolve the case, the judge asks for the additional delivery of the document, the evidence.

6. The incumbent case cannot obtain the document, evidence, and requests or tests required, the Court may or mandate to conduct verification, gather documents, evidence to clarify the circumstances of the case.

What? 84. Verify, collect documents, evidence.

1. With the right to self-capture evidence by the following measures:

a) Collation of readable, audiable, visible, electronic data message;

b) Collation of evidence;

c) Define the witnesses, and confirm the testimony of the witnesses.

d) Request for the agency, organization, individual for copying or providing documents that are relevant to the settlement of the case that the agency, organization, that individual is keeping, manages;

Ask the People's Committee to testify in the signatures of the witnesses.

e) Ask the Court to collect documents, evidence if it is not possible to collect documents, evidence;

g) Ask the Court to make a decision on the judging panel, valuation of property;

h) The agency, the organization, the individual to do other things by law.

2. In cases under this law stipulated, the judge may conduct one or some of the following measures to collect the document, the evidence:

For the testimony of the same, the witnesses;

b) The substance between the same, the same among the witnesses,

c) Consider, set in place;

d)

You decide to value the property;

e) Trust collection, verification of documents, evidence;

g) The agency, the organization, the individual provides the readable, overheard, or other artifacts related to the settlement of the case;

h) Other measures by the regulation of this Law.

3. When conducting regulatory measures at points c, d, e, e and g paragraph 2 This, the judge must make a decision, which states the reason and the requirements of the Court.

4. During the stage of the jury, retrial, the Judge may proceed with the measures to collect the evidence stipulated at the point a and point g 2 This.

When the inquisitemember takes steps to stipulate the Article 2 point of Article 2, the Court must make a decision, which specifies the reason and the requirements of the Court.

5. During the 3-day period of work since the date of the collection, evidence, the Court must inform the authorities to exercise their rights, their obligations.

6. The probation institute has the right to ask the Court to verify, collect documents, evidence in the process of solving the case. In the case of appeals or judgment of the Court by the procedure of appellate, jury, retrial, the Institute of Examination can verify, collect documents, evidence to ensure the appeal.

What? 85. Take the testimony of the incumbent

1. The judge only proceeded to take the testimony of the incumbent when there was not yet an affidavit or an incomplete, clear statement. You must write your own statement and sign your own name. If it is impossible for him to write, the judge will take his word. The use of the testimony of the incumbent focuses only on the details that are not fully open, obviously. The judge himself or the Secretary of the Court recorded the testimony of the incumbent on the border. The judge took the testimony of the incumbent at the seat of the Court, in case it was necessary to take the testimony of the incumbent outside the Court.

2. The current statement editor must be recused by the affidavit or read back and sign or point. There is a right to write the modifications, add to the declaration record, and sign the name or point of confirmation.

The text must have the signature of the affidavit, the editor and the sign of the Court; if the compilation is written to multiple pages, they must sign each page and seal the receipt. The official record of the declaration of testimony from the office of the Court shall be held outside of the Court of the People's Committee of the People's Committee, the commune, the ward, the town, or the agency, the organization of the border. If you don't know the script, there must be a witness.

3. The taking of the testimony of the incumbent is less than eighteen years old, who is limited to the competence of civil behavior or who has difficulty in the perception, as the owner of the conduct must be conducted with the presence of the law enforcement agent or who is doing it. Manager, look after him.

What? 86.

1. At the request of the incumbent or when the trial is needed, the judge proceeded to take the testimony of the witness.

2. The procedure for the testimony of the testimony person is conducted as taking the testimony of the incumbent under the regulation at Article 85 of this Law.

What? 87.

1. At the request of the incumbent or when there is a contradiction in the testimony of the partners, the witnesses, the judge conduct the confrontation between the partners, between the witnesses and the witnesses, or among those who testify against each other.

2. The treatment must be established in the border, with the signature or the point of the participants of the object.

What? 88. Review, appraisal at

1. The judge conducts review, appraisal in place with the presence of the representative committee of the People ' s Committee, the commune, the ward, town or agency, the organization where the subject needs to review, the appraisal; to inform, the judge at the place to cope. And witness the review, that appraisal.

2. The review, the appraisal at the site must be compiled. The border must clearly specify the results of review, appraisal, clear description of the scene, have the signatures of the viewer, appraisal and signature or point of the incumbent if they are present, of the representative of the People ' s Committee, the security public, ward, town or agency, the organization. have the subject to review, the appraisal and others are invited to participate in the review, the appraisal. The border must be representative of the People's Committee, the commune, the ward, the town, or the agency, the organization where the subject needs to be reviewed, the appraisal appraisal and the confirmation stamp.

3. Prohibition of any impediation, appraisal in place.

4. The judge has the right to recommend the Social People ' s Committee, the commune, the ward, the town where the conduct is reviewed, the appraisal at the aid in case of obstruction of consideration, appraisal in place.

What? 89. The request for the judging panel.

1. There is the right to ask the Court of Appeal to be appointed or on its own by the request of the examiner after the Court of Appeal is recommended but the Court refuses the request of the incumbent. The right to self-request was made before the Court decided to take the case to trial.

2. At the request of the incumbent or when the trial is needed, the judge decides to seek the examiner. In the decision of the designated referendum to specify the name, the address of the examiner, the subject of the required subject, the subject matter required, the specific requirements required by the examiner's conclusions.

3. The case of the review case is not yet clear, at the request of the incumbent or when the trial is needed, the Court asks the examiner to explain the appointed conclusion, summoned the examiner to the trial to direct the presentation of the content. All right.

4. At the request of the incumbent or when the trial is needed, the Court decision to determine the additional examiner in case of an unknown, incomplete, incomplete, or when the new issue associated with the circumstances of the case has been concluded. And before that

5. The resettlement was made in the case of the grounds that the initial settlement was not correct, whether there was a violation of the law or in a special case under the decision of the Supreme People ' s Office of the Supreme Court, the Chief Justice of the Court. the supreme people by the provisions of the Law of Judicial Regulation.

What? 90. The evidence to monitor the evidence is assumed to be false.

1. The case of evidence being denounced as a forgery is that the person who gives the evidence has the right to withdraw; if it does not retract, the accuser has the right to ask the Court or the Court to have the right to decide on the prescribed referendum at Article 89 of this Law.

2. The case of forgery of criminal evidence, the Court transferred to the Court of Inquisition under the jurisdiction of criminal proceedings.

3. The person who gives the evidence to be concluded is a false claim to the law by law if the forgery of the evidence is damaging to others and is subject to the required cost if the Court decides to take the decision.

What? 91. Asset pricing, asset price appraisal

1. With the right to provide property prices; the agreement on determining the property price and supply of the Court.

2. The authorities have the right to make a choice of organizational appraisal appraisal of the asset price appraisal and provide the results of the price appraisal to the Court.

The appraisal of asset prices is made in accordance with the rule of law on the property price appraisal.

3. The Tribunal makes the decision to price the property and set up the valuation council when belonging to one of the following cases:

a) By the request of one or of the parties;

b) The authorities offer different asset prices or do not deal with the value of the property;

c) The people who do not deal with the selection of the asset price appraisal;

d) The starter of the agreement with the appraisal organization to judge property prices at a higher price than the market price where the asset valued at the time of valuation aims to gain an estate from the state property or the person who is sued for agreement with the organization. A price appraisal for appraisal of assets at a lower price than the market price is intended to evade liability for the person who is damaged or has a base indicating that the organization appraisers have a violation of the law when the price appraisal.

4. The order, the procedure to establish the pricing process is done as follows:

a) The valuation assembly appointed by the Court is composed of the President of the Valuation Council as the representative of the financial body and the member is representative of relevant professional bodies. The person who conducted the proceedings in that case, the stipulation at Article 45 of the Law was not joined by the Council of Valuation.

The pricing board only conducts pricing upon the full presence of members of the Council. In case of necessity, the representative of the People's Committee of the People's Committee, where the valuation property is invited to witness the valuation. The participants were informed about the time, the location of the valuation, which had the right to attend and to give a statement about the valuation. The right to decide on price for valuation assets under the Council of the Valuation;

b) The financial institution and the relevant professional bodies are responsible for sending participants to the Board of Valuation and facilitalization of their duties. The elected Member of the Board is responsible for the full participation in the valuation. In the case of the financial institution, the non-governing body involved in the Council of Valuation, the Court requires that the governing body be directly competent to direct the financial organ, the professional body that imples the Court's request. The person who was sent to the Board of Valuation did not participate without a valid reason, the Court asked for the leadership of the agency to take part in the Board to consider the responsibility, sending others to replace and inform the Court to continue to proceed. valuation;

c) The valuation must be established to be compiled, which notes the opinions of each member, of the incumbent if they attend. The decision of the valuation council must be more than half the total number of members voting for approval. The members of the Council of the Valuation, the incumbent, the witness sign to the border.

5. The revaluation of assets made in the event of a base suggests that the initial valuation results are not accurate or inappropriate for the market price where the asset is valued at the time of the execution of the administrative case.

What? 92. Trust gathering documents, evidence

1. In the course of the execution of the administrative case, the Court may make a decision to delegate to another Court or agency with a regulatory authority at paragraph 4 This takes the testimony of the incumbent, the witness, review, appraisal, property valuation or other matters. another measure to collect documents, evidence, verify the details of the administrative case.

2. In the mandate of the mandate to clear the name, address of the starter, the defendant and the specific work commissioned to collect the document, the evidence.

3. The Court received the mandate to be responsible for carrying out the specific work of trustees for the 30-day period since the date of the decision to mandate and notice the results by text to the Court making the mandate decision; the case does not perform. The mandate must be published in writing and stating the reason for the Court to make a decision.

4. The case of collecting documents, the evidence to proceed abroad, the Court acted as a mandate through the competent authority of Vietnam or the competent authority of the foreign country that the country and the Socialist Republic of Vietnam were established in the United States. The international wish for this issue or implementation on the principle of travel is not contrary to the law of Vietnam, in accordance with international law and practice.

5. The case did not perform the mandated mandate at paragraph 3 and paragraph 4 This or did not receive the mandate but received no reply, the Court resolved the case on the basis of the evidence that had been in the case file.

What? 93. Request for agency, organization, individuals to provide documentation, evidence.

1. With the right to require the agency, the organization, the individual to provide the document, the evidence. When the agency, the organization, the individual provides the document, the evidence is to make the document clear, the evidence needs to provide, the reason the requirements provide documentation, evidence; they, the name, address of the individual, the name, address of the agency, the organization is managing. Save the document, the evidence needs to be provided.

The agency, the organization, the individual responsible for providing the document, evidence for the incumbent on a 15-day period from the date of receiving the request; the unsupply case must be answered in writing and stating the reason for the person with the request to know.

2. The incumbent case has adopted the necessary measures to collect evidence that still cannot be collected by itself, it is possible to recommend the Court to decide the requirements of the agency, organization, personal retention, document management, documentation, The evidence is for yourself or the collection of documents, the evidence for the execution of the administrative case.

At the request of the Court to proceed with the collection, the evidence must be made to clear the issue of the proof; the evidence needs to be collected; the reason why self is not collected; they, the name, address of the individual, the name, address of the agency, the organization is managing, saving. Keep the documents, the evidence needs to be collected.

3. The case with the requirements of the incumbent or the test is required, the Court requires the agency, the organization, the individual who is managing, to provide for the documentation, the evidence.

The agency, the organization, the individual who is managing, holds the document, the evidence is responsible for providing full documentation, evidence at the Court ' s request for a 15-day period since the date of receiving the request; this expiration date without providing full account of the document. According to the court's requirements, the agency, the organization, the individual is required to respond in writing and specify the reason for the Court. The agency, the organization, the individual does not implement the Court ' s request without the correct reason that it is possible to be dealt with by the regulation of this Law and the relevant legislation. The handling of responsibility for the agency, the organization, the individual is not the reason for the exemption from the provision of the document, evidence for the Court.

4. The case of the Institute of Examination requires the provision of the document, the evidence, the organization, the individual responsible for carrying out the provisions at paragraph 3 This.

What? 94. Document preservation, evidence

1. The document, the evidence that has been delivered in the Court is the preservation of the document, that evidence is held by the Court.

2. The document, the evidence cannot be delivered in the Court, the person holding the document, the evidence is responsible for preservation.

3. The case needs to deliver the document, the evidence for the third person to be preserved, the judge decides and sets the protocol for the person to be preserved. The recipient must sign the name on the border, which is entitled to the remunation and is responsible for the preservation of the document, the evidence under the rule of law.

4. prohibits the destruction of documents, evidence.

What? 95.

1. The evaluation of the evidence must be objective, comprehensive, full and accurate.

2. The court must evaluate each evidence, the relevance of the evidence and affirming the legitimacy, the relevance, the proof value of the evidence.

What? 96. Work and use the evidence

1. All evidence is published and used equally, except for the specified case at 2 This.

2. The court does not openly declare evidence regarding state secrets, domestifies, the customs of ethnicity, professional secrecy, business secrecy, personal secrecy at the right request of the incumbent but must inform the contemporary of the evidence. Don't go public.

3. The person who conducts proceedings, the participants must keep the evidence confidential under the provisions of Article 2 according to the rule of law.

What? 97.

1. The case of evidence is being destroyed, which is at risk of being destroyed or later is unlikely to be collected, and it is likely that the Court will decide to apply the necessary measures to preserve the evidence. The court may decide to apply one or some of the sealing, capture, photo, recording, recording, restoration, examination, and other measures.

2. The case of witnesses to be threatened, controlled or bought to not provide evidence or provide false evidence the Court has the right to decide whether the person with the threat of intimidation, restraint or redemption must end the threat behavior, control the law. Or buy a witness. In that case, there are signs of crime, and the Court asked the Institute for a review of criminal responsibility.

What? 98. Access to, document exchange, evidence.

1. With the right to know, record, copy, exchange of documents, other contemporary evidence handed over to the Court or by the Court to collect, except for the document, the evidence stipulated at paragraph 2 Article 96 of this Law.

2. At the time of the delivery of the document, the evidence for the Court was given in the 5-day period that they had to inform the other authorities that they had handed over the document, the evidence for the Court to be more relevant to the Court to implement the right to the jurisdiction. Well, the evidence stipulated at this one.

3. During a 5-day period of work since the day the court collected the document, the Court must notify the incumbent that they will exercise access to the document, the evidence stipulated at 1 Article.

Chapter VII.

LEVEL, EXTORTION, PRESS RELEASE

What? 99. Level duty, extortion or press release

The court, the Institute of Examination, the civil law enforcement agency, which means to grant, blackmail or inform the incumbent, the other participants and the agency, the organization, the individual relevant under the provisions of this Law and the other provisions of the law. It's relevant.

What? 100. The proceedings must be issued, blackmailed or notified.

1. Notice, paper, summons, invitation in administrative proceedings.

2. The verdict, the decision of the Court.

3. Decision of an appeal by the Institute of Examination; the text of the civil law enforcement agency.

4. Other proceedings under which laws are required to grant, blackmail or inform.

What? 101. Those who carry out the granting, extortion or the proceedings of the proceedings.

1. The person who conducts proceedings, the person of the body of the proceedings of the proceedings is tasked with carrying out the granting of the granting, extorts or inform the proceedings.

2.

3. The Social People ' s Committee where the participants plead for residence or agency, the organization where the participant proceedings work when the Court, the Institute of Examination or the body of civil action is required.

4. The incumbent, the representative of the incumbent or the defender of the right and the legitimate interests of the incumbent in the cases provided by the Law.

5. The employee of the postal service organization.

6. Others follow the rule of law.

What? 102. Level of Level, extortion or text message

1. Level, extortion, direct notice; via postal service or third person authorized to perform, extortion, inform.

2. Level, extortion, informed by electronic media at the request of the incumbent or other litigwoman in accordance with the regulation of the law on electronic transactions.

3. Public.

4. Messages on mass media.

5. Level, extortion, notice in other methods by regulation at Article 303 of this Law.

What? 103. The validity of the granting, extortion or the proceedings of the proceedings.

1. Level, extortion, or notification of the text of the proceedings is made in accordance with the provisions of this Law which is considered valid.

2. The person who is obliged to perform the granting, extorts or inform the text of the proceedings must follow the provisions of this Law.

What? 104. Procedure, extortion, or notification of the proceedings.

The person who performs the degree, extortion or notification of the proceedings must directly transfer the person to the assigned, extorts or inform relevant text of the proceedings. The person who is granted, extorts, informed or authorized to grant, enlist, the document notification must be signed into the letter or register of the proceedings. The time to calculate the deadline is the date they are granted, extorts or inform the proceedings.

What? 105. Procedure, extortion, or notification by electronic means

The degree, extortion or notification of electronic media is carried out in accordance with the regulation of the law on electronic transactions.

The Supreme People's Court directed this.

What? 106. Procedure, extortion, or direct notice to the individual

1. The person who is granted, extorts or informs the individual, the text of the proceedings must be delivered directly to them.

2. The case of the licensee, extortion or notice has moved to the new residence and has informed the Court of Change where the residence is required, extorts or inform in accordance with their new residence.

3. The case of the licensee, extortion or notification of rejection of the proceedings, the person who carried out the granting, extorts or informed the receipt of the document which states the reason of the denial, confirmation of the organization of the neighborhood, the village chief, the village, Hamlets, dealers, dealers, phums, squirts (later called a neighborhood organization) or commune representative, ward, town about the person refusing to accept the proceedings.

4. The case of the licensee, extortion or the absence of notice, the person who performs the granting, extorts or inform the relatives who has the ability to conduct civil behavior with their residence with them or the organization of the neighborhood to carry out the recognition and request. This man is committed to the right hand to the person who is granted, blackmailed or informed.

The case of a person who is granted, extorts or notified absent notice of the time of return or unknown address, the person who performs the degree, extortion or notification of having to make a receipt of the inaction, extortion, or notification, is available. It is accepted by the organization of the city's organization or the public office, the ward, the town; at the same time, the publicly listed procedure is required under Article 108 of the Law.

What? 107. Urgent procedure, extortion or direct notice to the agency, organization.

The case of a person who is granted, extorts or informed is the agency, the copyright text must be delivered directly to the representative under the law or the person responsible for receiving the text of the agency, the organization, and must be signed by these persons. In the case of agency, the organization is issued, sent or notified by a representative or a representative of the representative recipient of the document, these people signed the document. The signing date is the date to be issued, blackmailed or notified.

What? 108. Public listing procedure

1. The publication of the proceedings of the proceedings is made in the event of insubordination, extortion or the direct notice of the text in accordance with the stipulation at Article 106 and Article 107 of this Law.

2. The public listing of the proceedings of the proceedings issued by the Court directly or authorized by the person with an act of extortion or the Committee of the People's Committee, where the residence is carried out in accordance with the following procedure:

a) The main issue at the court office, the Committee of the People's Committee on residence or the final residence of the individual, where the headquarters or the final headquarters of the agency, the organization is granted, extorts or inform;

b) A copy of the location at the residence or the final residence of the individual, where the headquarters or the final headquarters of the agency, the organization is granted, extorts or inform;

c) Set the record on the implementation of the public listing procedure, which records the date, month, year of listing.

3. The term of public listing of the proceedings is 15 days from the date of the listing.

What? 109. The procedure is a public information.

1. The announcement on the mass media is made only when the law is specified or whether the base is specified is that the public listing does not guarantee the person granted, extorts or inform receiving information about the text that needs to be issued, It's an escort or an announcement.

2. The announcement on the mass media can be made if there is another contemporary requirement. In this case, there is a request for notification to be subject to a cost of information in the media.

3. Messages on the mass media must be posted on the Court ' s Electronic Information Portal (if any), on one of the central daily newspapers in three consecutive numbers and broadcast on the Central Radio or Television of the Central Committee of the United States. three times in three consecutive days.

What? 110. Notice the results of the granting, extortion, or notification of the proceedings.

The case of the person who carried out the granting, extorts or notification of the proceedings is not the person who conducts proceedings, the person of the body of the proceedings of the proceedings, the person must immediately inform or inform or inform. the proceedings for the Court or the proceedings of that proceedings.

Chapter VIII

DETECTION AND PETITION FOR AMENDMENT, ADDITION OR ABOLITION OF THE LAW OF LAW IN THE PROCESS OF ADDRESSING THE ADMINISTRATIVE CASE.

What? 111. Detection and petition for revision, addition or abolition of the law of law.

1. During the course of the execution of the administrative case, if the written discovery of the rule of law concerning the settlement of the administrative case has a left sign with the Constitution, the law, the law of the law of the state authority above, the Court performs. as follows:

a) The case has not yet decided to take the case to trial, then the Chief Justice of the Court is addressing that case carrying out the petition under the jurisdiction or recommended that the authorities stipulate at Article 112 of the Law to carry out the petition;

b) The case has been decided to take the case to trial or the case is being reviewed by the jury, retrial, and the jury recommended that the Court be addressing the case, which made the petition or recommended a person with the authority to rule. at Article 112 of this Law performs the petition.

2. The petition text or offer of persons with the authority to petition the amendment, addition or repeal of the rule of law that must have the following main content:

a) The name of the Court to issue the petition or offer;

b) Summary of the case and legal issues posed to resolve the case;

c) The name, number, date, month, year of the law of the rule of the law of the proposed amendment, addition or abolition is related to the settlement of the case;

d) Analysis of the provisions of the rule of law that has a left sign with the Constitution, law, text of the law of the state authority above;

) The Court ' s petition or recommendation on the amendment, complemation, repel the text of the rule of that law.

3. Follow the petition text or offer the person with the authority to petition as the text of the rule of law that is modified, complemated or repel.

What? 112. The authority to petition the amendment, supplement or abolish the legal rule.

1. The Chief Justice of the District Court has the right to petition for the amendment, addition or abolition of the law of the state agency from the county level back down; offer the Chief Justice of the Provincial Court to petition for amendment, addition or repeal of the body ' s rule of law. The state of the provincial state; the Chief Justice of the Provincial Court recommended the Chief Justice of the Supreme People's Court to petition the amendment, supplement or abolish the law of the state of the state authority in the centre.

2. Chief Justice of the Provincial Court, the Chief Justice of the High Court of the High Court has the right to petition for amendment, supplement or abolition of the law of the state authority from the provincial state to the province; offer the Chief Justice of the Supreme Court to petition for amendment, addition or consent. Abolition of the law of state law in the central part of the country.

3. Chief Justice of the Supreme People's Court or at the recommendation of the Chief Justice of the Court of Regulation at paragraph 1 and paragraph 2 This petition of amendment, addition, or abolition of the law of the state of the state office in the centre.

4. The case at the trial, the trial for the trial of the law of the rule of law has a left sign with the Constitution, the law, the law that rules the law of the state office above, the Council on Trial has a document reporting the Chief Justice of the Court in accordance with One, two and three things to exercise the right to petition; in this case, the Board has the right to suspend the trial by regulation at the point of Article 1 187 of this Law to wait for the opinion of the Chief Justice of the Court or to suspend the case only when it comes to writing. The motion of the Chief Justice of the Court has jurisdiction over the stipulation at the point of ree 1 Article 141 of this Law.

What? 113. The responsibility to resolve the offer on the petition of amendment, addition or abolition of the law of law.

In the 10-day period since the date of receiving the prescribed text at Article 111 of this Law, the Court Chief Justice has the authority to consider and process as follows:

1. The case of a proposed base must issue a petition letter to the state agency that has the authority to amend, supplement or abolish the law of the law, and inform the Court the recommended decision to make a decision on the suspension of the case.

2. The proposed case does not have a base, then the answer to the Court has recommended to continue to resolve the case in accordance with the law.

What? 114. Responsibility for the implementation of the revised petition, addition or abolition of the law of law.

The agency that receives the revised petition, complements or repel the law of the statute of the Court with the responsibility of the resolution as follows:

1. In the 30-day period since the date of receiving the petition text of the Chief Justice of the Court specified at Article 112 of this Law on the law of the rule of regulation of detail, guidelines for the implementation of the Constitution, law, text of the law of the state office The upper class, the agency that issued the document must review and respond in writing to the Court of Inquisition. If this deadline does not receive an answer, the Court applies the text with a higher legal effect to resolve the case;

2. The case of a petition to review the amendment, addition or repeal of the law, the resolution of the National Assembly, the ordinance, the resolution of the Standing Committee of the National Assembly shall follow the provisions of the law.

Chapter IX

THE CASE, THE CASE, THE CASE.

What? 115. The right to start the case.

1. Agency, organization, individual who has the right to sue the case against administrative decision, administrative action, disciplinary decision forced to quit in case of not agreeing with the decision, that behavior or having lodged complaints with the person with the authority to resolve, but the expiration of the resolution is by the rule of law that the complaint is not addressed or has been resolved but does not agree with the settlement of the complaint about the decision, that behavior.

2. The organization, the individual who has the right to sue the case against the decision to resolve the complaint about the decision to handle the competition case in case of disagreeing with that decision.

3. The individual has the right to sue the case on the voter list in the case that has lodged a complaint with the authority to resolve, but the expiration of the settlement under the rule of law that the complaint is not resolved or has been resolved, but not. agreed with the settlement of that complaint.

What? 116. Start time.

1. The timing of the launch is the deadline for which the agency, organization, individual is entitled to sue for the Court to address the administrative case protecting the right and the legitimate interests of being violated; if that deadline is over, the loss of the right to sue.

2. The timing of the initiation for each case is specified as follows:

a) 01 years from the date of receiving or knowing the administrative decision, administrative action, disciplinary decision forced out;

b) 30 days from the date received the decision to resolve the complaint about the decision to handle the competition;

c) From the date received notice of the outcome of the decision to resolve the voter list or end of the settlement of the complaint without receiving the results announcement of the complaint of the voter's list of voters before Election Day 05. day.

3. The case of a complaint under the provisions of the law to the state agency, who has the authority to resolve the complaint, the time of the event is stipulated as follows:

a) 01 years from the date of receiving or knowing the decision to resolve the initial complaint or the decision to resolve the second complaint;

b) 01 years from the expiration date of the resolution of the complaint under the rule of law that the state agency, who has the authority not to resolve and has no reply to the complaint.

4. The case because of the adverse event or other objective impediability that the uninitiated starter is in the specified deadline at point a and point b 2 This time there is an unimpediable event or other objective impediability. charge at the time of the start.

5. The provisions of the Civil Code on how to determine the deadline, the time applied in the administrative proceedings.

What? 117. Initiating procedure

1. When the execution of the administrative case is the agency, the organization, the individual must make a prescribed order at Article 118 of this Law.

2. Individuals with full administrative proceedings can either be themselves or by others as a lawsuit against the case. At the name item, the address of the starter in the single must write them, the name, address of the individual; at the final part of the individual must sign the name or point.

3. Individuals who are unjuvenile, people who lose civil behavior, who are restricted to civil behavior, who have difficulty in being aware, being a subject of behavior, their legal representative can either themselves or ask others to make their own for the first time. The case. In the name item, the address of the starter in the single must write them the name, the address of the legitimate representative of that individual; in the last part, that legal representative must sign the name or point.

4. The individual of the prescribed case at paragraph 2 and paragraph 3 This is the person who does not know the letter, ca n' t see, ca n' t be self-filed, unable to sign the name or point it is possible thanks to others as a lawsuit and must have someone else. The capacity for the full administrative proceedings is full of evidence, the sign of the lawsuit.

5. The organization, the organization, is the legal representative of the agency, whose organization may be either by itself or by others as a case of the case. In the name section, the address of the starter must be named, the address of the agency, the organization and them, the name, the office of the legitimate representative of the agency, that organization; in the final part, the legitimate representative of the agency, the organization must sign the name and stamp of the body. That ' s the organization; it ' s a business that ' s going to be a business, and it ' s the use of the seal by the rules of the business.

What? 118. The boot.

1. The startup must have the following main content:

A day, month, month, year,

b) The court is required to resolve the administrative case;

c) Name, address; telephone number, fax number, email address (if any) of the starter, who is sued, who has the right to gain, the related obligations;

d) Administrative decision-making, disciplinary decision-making, the decision to resolve the complaint of the decision to handle the competition, the content of resolving the complaint about the voter list or summary of the behavior of administrative action;

) Content decides to resolve the complaint (if any);

e) Request to recommend the Court resolved;

g) Commit to not simultaneously complaint to the person with the authority to resolve the complaint.

2. If a lawsuit must be filed, proof of copyright, the legal benefit of the offender is violated. In case of objective reasons that the applicant cannot fully submit the documents, the evidence attached to the instalation is required to file the document, the existing evidence to prove the right, the legal benefit of the offender being violated. The documents, other evidence, the starter had to supplement or supplement the Court's request in the process of solving the case.

What? 119. Send a lawsuit to the Court

The starter sent the lawsuit and the document, the evidence attached to the Court with the authority to resolve the case by one of the following methods:

1. Blisters directly at the Court;

2. Send through postal service;

3. Send online through the Electronic Information Portal of the Court (if any).

What? 120. Define the date of the administrative case

1. The case of a direct starter filed in the Court with the jurisdiction the day of the start is the filing date.

2. The event that the starter sent online is the date of the invoice date.

3. The event that the initialers submit to the Court through the postal service the date of the event is the date marked by the postal service organization where sent. The date, the year, the year after the postmark, the date of the initiation is the date of the application at the postal service organization. It should be justified by the day that he sent the application at the postal service organization; the case is not proven, and the date of the event is the day the court received a lawsuit filed by the postal service organization.

4. The case of transferring the case to another Court by statute 1 Article 34 and paragraph 3 Article 165 of this Law the date of the event is the date of the submission to the Tribunal that has been passed, but not correct and is determined by regulation at 1, 2. And these three things.

What? 121. Receive and review the launch application

1. The court receives a lawsuit filed by the applicant directly directly in the Court's application department or sent through postal service and writing to the application register. In the case of online applications, the Court printed the paper and wrote it into the application book.

The application of the boot is written to the application register and notified on the Court of Electronic Information Portal (if available).

When the filing is filed directly, the Court is responsible for issuing a certificate to the applicant. In the case of online applications, the Court responded to the person who started to know the email. The case of receiving a postal service is in a 2-day period of employment since the date of the application, the Court must submit a notice of the application to the starter.

2. In a 3-day period of work since the date of receiving the order, the Chief Justice of the Court assigned a judge to review the lawsuit.

3. In the 3-day period of work since the day was assigned, the judge must consider the lawsuit and have one of the following decisions:

a) Request for modification, a lawsuit plugin;

b) conduct a procedure of a common procedure or procedure, if the case is eligible to be specified at 1 Article 246 of the Law;

c) The initiating motion for the Court has jurisdiction and a notice to the accuser if the case is under the jurisdiction of the other Court;

d) Return the order for the starter, if one of the specified cases at 1 Article 123 of this Law.

4. The unilateral trial results of the Regulation Judge at paragraph 3 This must be notified to the starter, must note the application register and notice on the Court of Electronic Information Portal (if any).

What? 122. Request for modification, single boot plugin

1. After receiving a lawsuit, if the lawsuit is not available, there is not sufficient content to be specified at 1 Article 118 of this Law, then the judge announces it by writing and stating the problems that need to be modified, supplematuation to the initialisman, the application of a startup. In the 10-day period since the date of the onset of the Court's announcement.

2. The timing of the modification, the addition of unaccounted for the event, was not included.

3. The case of the amended initiers, supplematuation of the procedure in accordance with Article 118 of this Law, the judge continues the employment of the case; if they do not amend, complements the judge ' s request, the judge returns the lawsuit and charges. Document, evidence attached to the starter.

What? 123. Return to the boot

1. The judge returns a lawsuit filed in the following cases:

a) The starter has no right to sue;

b) The starter has no capacity for full administrative proceedings;

c) The legal case has a stipulation on the condition of the event but the accuser sued to the Court when there was a lack of one of those conditions;

d) The incident was resolved by the sentence or decision of the Court to have the law effect;

The trial is not under the jurisdiction of the Court;

e) The starter selection of the case of the procedure to resolve the complaint in the case of regulation at Article 33 of this Law;

g) The event itself does not have sufficient rules specified at 1 Article 118 of this Law without the amendment of the initialor to the provisions at Article 122 of this Law;

h) The expiration of the statute of limitations stipulated at 1 Article 125 of this Law that the applicant does not appear to be handed over a transfer fee to the Court, unless the case of the applicant is exempt from the charge of the fee, not filing a temporary trial. It's a waste or a good reason.

2. When returning the lawsuit and the document, the evidence attached to the starter, the judge must have a written record of the reason for the return of the lawsuit. The text returns a lawsuit filed immediately to the Institute of the same level.

The prosecution and the document, the evidence that the judge returned to the prosecution must be copied and saved in the Court for the basis of the complaint, petit when required.

What? 124. The complaint, petition and resolution of the complaint, petition for the return of the lawsuit

1. In the 7-day period since the date of receiving a document repayment of the lawsuit, the starter has the right to complain, the Institute for Examination Has The Right To Petition With The Court has returned the lawsuit.

2. Shortly after receiving the complaint, the petition for the return of the lawsuit, the Chief Justice of the Court must be assigned a review judge, addressing the complaint, the petition.

3. During the 5-day period of work since the day was assigned, the judge must open the review session, address the complaint, the petition. The review session, which resolved the complaint, petits the representatives of the representatives of the Institute for the same level, and that there is a complaint. In case of the lawsuit, the judge is absent, and the judge is still in session.

4. Based on the document, the evidence relates to the return of the lawsuit, the opinion of the inspection representative and the petit who lodged a complaint at the session, the judge must make one of the following decisions:

a) Hold up the return of the lawsuit and inform the starter, the Institute for the same level;

b) Retake the lawsuit and the document, the evidence is accompanied to conduct the rationing of the case.

5. In the 7-day period since the date received the decision to respond to the complaint, the petition for the return of the Judge ' s lawsuit, the prosecution has the right to complain, the Institute of Examination has the right to petition with the Court Chief on a review directly, solved.

6. In the 10-day period since the date of receiving the complaint, the petition for the return of the prosecution, the Chief Justice Tribunal on a direct level must issue one of the following decisions:

a) Hold the order to return the lawsuit;

b) Ask the Court to document the application of the charges and documents, the evidence attached to proceed to the employment of the case.

The decision to resolve the complaint, the Court Chief Justice ' s petition on a direct level is the final decision. The decision must be sent immediately to the starter, the Institute for the Inspection Jointly, the Institute of Examination has petied and the Court has made a decision to return the lawsuit.

What? 125. Case receptors.

1. After receiving the lawsuit and the document, the evidence attached, if the trial is under the jurisdiction of the Court, the judge must notify the starter so they file a fee for the fee; the case of the starter is exempt from the advance. A fee or not to file a fee for a fee is notified to the applicant who knows about the rationing of the case.

In the 10-day period since the date received notice of payment of the fee, the applicant must file a penalty for a fee and submit receipts to the Court.

2. The judge receptors the case on the day of the lawsuit that the receipt of the receipt of the charges payout. If the applicant is exempt from paying for a fee or not paying for a fee, the day of the trial is the day the Judge informs the starter. The rationing of the case must be written in the pastime book.

3. The case for the expiration of the statute of limitations on this 1 Article that the new initialer submitted to the Court of receipt of receipt of the penalty for a fee is as follows:

a) The case has not returned a lawsuit, the Judge conducts the case.

b) The case returned the lawsuit that the starter proved to be that they had paid a temporary charge of the charge on the right deadline, but because of the adverse event or the objective, they paid the receipt for a temporary penalty for the Court not properly. The judge asks them to file a lawsuit, documents, evidence, and conduct a case; this case is the date of the first filing.

c) The case after the judge returned the lawsuit filed, the new initialer filed for a charge of a fee and submitted a receipt of a fee to suspend the fee for the Court, if not because of the adverse event or the objective, the judge asked them to submit the order. The document, the document, the evidence attached to the case of the case; this case is the date of the filing of the lawsuit.

4. The case expires at paragraph 1 This Article that the starter does not submit to the Court of receipt revoked the charge of the charges, the Court informed them of not being able to apply the case to the reason they did not file a fee on the charges. In this case, the applicant has the right to file a repetition if the event is still available.

5. After the Judge 's degree in which the Court received the application of an independent person' s independence request, the obligation in accordance with the provisions of Article 129 of this Law to resolve in the same administrative case the date that the case of the case is determined is as follows:

a) The case of a person with a right, the obligation to be related, or not to pay for a fee, is the day that the case of the trial is the day the Court receives the application of the independence of the person of the right, the duty of the same document, the same document,

b) The case of the right person, the related obligation to pay for a fee, the day of the trial is the day that the person has the right, the obligation to be filed for the Court of receipt of the receipt of the charge of the charge of the charge;

c) The case has many people who have the rights, the relevant obligation to be independent, the date of the sentence of the case is the day the Court receives the last independent request, if they are all in the case exempt or not pay for a fee or date. the last applicant for the Court of receipt to collect charges of a fee, if they are in the case of paying for a temporary fee.

6. When the receipt of the person's fee is paid, the Court must grant them a confirmation of receipt of receipt of the fee.

What? 126. Announcement of the murder of the case.

1. In the 3-day period of work since the day of the trial of the case, the judge has ruled the case must inform the defendant, who has the rights, the obligation in connection with the settlement of the case and the Institute of Examination on the same level as the Tribunal that has served the case. and published on the Court ' s Electronic Information Portal (if any).

2. The notification text must have the following main content:

a) The day, month, year as the writing of the message;

b) The name, the address of the Court that has been in the case of the case;

c) Name, address of the starter, who is sued;

d) The specific issues that the starter asked the Court to resolve;

The case is taken in accordance with the usual procedure or withdrawal procedure;

e) Document category, applicant certificate filed with a lawsuit filed;

g) The time of the person being sued, who has the right to gain, the obligation involved must submit comments on the request of the applicant and the document, the evidence attached or the independent request (if any) to the Court;

h) The legal consequences of the person being sued, who has the right to gain, the obligation to do not submit to the Court of the Text Record of his opinion on the request of the starter.

What? 127. The jury resolved the case.

1. On the basis of a Judge ' s case receptors that are assigned to the case, the Chief Justice of the Court decided to deliver the Judge addressing the case of the right of the right, objective, random, and random principle.

2. During the 3-day period of work since the day of the trial of the case, the Chief Justice of the Court decided to distribute the Judge to settle the case.

For the complex case, the settlement may have to be extended, then the Chief Justice of the Court of Appeals for the Court of Appeal is expected to warrant the trial in accordance with the statute of limitations of the Law.

3. In the process of solving the case, if the judge is assigned to the uncontinued conduct of the mandate, the Chief Justice of the Court shall continue the task; the case is on trial without a Reserve Judge, the case must be tried. From the beginning and informed of the incumbent, the Institute of the same level.

What? 128. The right, the duty of the man to be notified.

1. In the 10-day period since the date received notice, the defendant, who has the right to gain, the obligation involved must submit to the Court of Documents writing his opinion on the request of the applicant and the document, the evidence accompanying or requesting independence (if any).

In case of an extension, it is announced that a petition must be issued to the Court stating the reason; if the application is valid, the Court renew once, but no more than 7 days.

2. The case of the defendant, who has the rights, the associated obligation has received notice, but does not submit comments in writing in the statute of limitations on this 1 Article without the correct reason the Court continues to resolve the case by statute. of this law.

3. The defendant, who has the right to gain, the related obligation has the right to ask the Court for the record, copy the lawsuit and document, the certificate is accompanied by a lawsuit filed (if any), except for the document, the evidence stipulated at paragraph 2 Article 96 of this Law.

4. In the 10-day period since the date received notice, the Institute for Inspection Inspection, the Reserve Officer (if any) perform the task and inform the Court.

What? 129. The right to claim independence by the right, the obligation involved

1. The case of a person with the rights, the obligation to involve not participating in proceedings with the prosecution or with the person being sued, they have the right to request independence when there are the following conditions:

a) The settlement of the case is relevant to their rights, their obligations;

b) Their independence request is related to the case being resolved;

c) Their independence request is resolved in the same case that makes the case more accurate and quicker.

2. The person with the rights, the related obligation has the right to make an independent request to the time of the opening session examining the delivery, access, public testimony, and dialogue.

The procedure for independence is made in accordance with the regulation of this Law on the initiation procedure of the starter.

Chapter X

THE PROCEDURE FOR DIALOGUE AND PREPARATION

What? 130. Time to prepare for trial

The deadline for the preparation of the case, except for the case of a withdrawal procedure, the case with foreign elements and the case of the alleged voter listing is as follows:

1. 04 months from the date of the trial of the case to the specified case at the point of paragraph 2 Article 116 of the Law;

2. 02 months from the date of the trial of the case to the specified case at point b 2 Article 116 of the Law;

3. For the complex or objectively impediable case the Chief Justice Court may decide to renew the trial deadline once, but no more than 2 months for the specified case at 1 Article and no more than 1 month for the case of regulation. I mean, at the end of this,

4. The case with a decision to suspend the trial of the case, the statute of limitations is recharged since the day of the decision to continue to resolve the Court's case with law.

What? 131. The mission, the jurisdiction of the Judge in the preparation period.

1. Case file.

2. Request for an additional filing of documents, evidence, text of opinion on the request of the applicant to the Court; ask the starter to submit a copy of the document, the evidence to the Court to submit to the incumbent.

3. Verify, document collection, evidence under the rules of this Law.

4. Decision to apply, change, cancel the temporary emergency measure.

5. The session of the session inspects the delivery, access, public testimony and dialogue under the provisions of this Law; except for the case of a shortened procedure and the case of a complaint about the list of voters.

6. Ra one of the following decisions:

a) to take the case to trial;

b) suspend the resolution of the case;

c) The suspension of the case.

What? 132. File Administrative Case Profile

1. Administrative case records include the application and document, the evidence of the incumbent, the other litigwoman; the document, the evidence obtained by the Court in connection with the case; the proceedings of the Court, the Institute for the examination of the execution of the administrative case.

2. Papers, documents in the administrative case file must be numbered on the number of pens, arranged in the order of the day, month, year and must be kept, administered, used by law.

What? 133. Deliver the documents, the evidence.

1. The time of the delivery of the document, the evidence stipulated at paragraph 4 Article 83 of this Law.

2. The case after a decision is made to take the case to trial after the procedure procedure, the new person to hand over the document, the evidence that the Court had requested to be handed over before it must prove the reason for the delay in the filing of the document, the evidence. For the document, the evidence that the Court did not require was required to deliver or document, the evidence that it was impossible to know in the process of solving the case under the preliminary procedure, of the right to be handed over, presented at a court hearing. Yeah,

What? 134. Dialogue principle

1. During the preparation of the preliminary trial, the Court conducted dialogue so that the authorities agreed to resolve the case, unless the cases did not conduct the dialogue, the case of the complaint on the list of voters, the case of the trial of the procedure. is stipulated at the terms 135, 198 and 246 of this Law.

2. The dialogue must be conducted in accordance with the following principles:

a) to make sure to be public, to democracy, to respect the opinions of the same;

b) Do not force the authorities to perform the settlement of the left administrative case with their will;

c) The content of dialogue, the outcome of dialogue between the unlawable, the moral of society.

What? 135. The administrative cases did not conduct dialogue.

1. The starter, who is sued, who has the right, the related obligation has been legally held by the Court for the second time that remains intentionally absent.

2. It ' s not possible to join the dialogue for good reason.

3. The parties of the unity suggest not to conduct dialogue.

What? 136. The announcement of the session checks the delivery, access, public testimony, and dialogue.

1. Before conducting the session examining the delivery, access, public testimony and dialogue between the partners, the judge must inform the incumbent, the legitimate representative of the incumbent, the defender of the right and the legitimate rights of the incumbent on the matter. time, the venue that conducts the session and the content of the session session.

2. The case where the administrative case does not conduct a prescribed dialogue at Article 135 of this Law, the judge conducts a session examining the delivery, access, public testimony without conducting a dialogue.

What? 137. The session component examines the delivery, access, testimony, and dialogue.

1. The session participants included:

a) Judge presiding over the session;

b) The session log session secretary;

) of the same person, or of the legitimate representatives of the people,

d) The defender of the rights and the legitimate interests of the incumbent (if any);

The translator (if any).

2. The case is required, the judge has the right to request the agency, the organization, the individual involved in the session.

3. In the case of many things, which is in the absence, but the incumbent still agrees to conduct the session and the conduct of that session does not affect the right, the duty of the absence, the judge conducts the session between the incumbent. the presence; if the members of the nomination adjourn the session to present all the members of the case, the judge must adjourn the session and announce the delay of the session, to reopen the session for the incumbent.

What? 138. The session sequence examines the delivery, approach, public testimony, and dialogue.

1. Before the opening of the session, the Secretary of the Session reported the Judge on the presence, the absence of those who attended the session had been notified by the Court. The judge presided over the session of examination of the presence and identity of the participants, common for the authorities and obligations under the provisions of this Law.

2. When conducting an examination of the delivery, access, public testimony, the Judge published the document, the evidence is in the case file and questions about the following issues:

a) Request and scope of the charges, amendments, additions, replacements, withdrawal requirements; independent requirements; problems that have united, the ununified issues require the Court to resolve;

b) The delivery of the document, the testimony to the Court, and the sending of documents, to the other authorities;

c) The addition of the document, the evidence, recommended the Court to collect the document, the evidence, the other contemporary, the witness, and the other participant in the trial;

d) The other problem that you see is necessary.

3. After the presentation is done, the judge reviewed the comments, addressing the recommendations of the stipulation at paragraph 2; in case of absence, the Court announced the outcome of the session to them.

4. After the complete process of checking the delivery, access, public evidence stipulated at paragraph 2 of this, the judge conducts the procedure as follows:

a) The common judge for the incumbent knows the provisions of the law that are involved in solving the case so that the parties relate to the right, their obligations, analyze the legal consequences of dialogue so that they voluntarily agree with each other over the settlement of the law. the case;

b) The addition of the additional presentation on the request of the launch, the bases to protect the request of the lawsuit and the proposal of the person ' s view of the decision to resolve the case (if any);

c) The defendant presented an additional comment on the request of the starter, the grounds that issued the administrative decision, the execution of the executed administrative action and the proposal to resolve the case (if any);

d) The person has the right, obligations concerning the case of the additional presentation and proposed the opinion of solving the part related to them (if any);

The defender of the right and the legitimate interests of the incumbent or the other to join the session of dialogue (if any) comment;

e) Depending on the case, the judge requires that the incumbent state of law be stated, the administrative document is relevant to evaluate the legalization of the administrative decision, the executed administrative act, and the examination of the law's legal effect. The judge can analyze to be properly aware of the legal content of the rule of law, the relevant administrative text so that they have the choice and the decision to resolve the case;

g) After the contemporary presentation of his opinion, the judge identifies the issues of the agreed parties, ununionable issues, and requests that the parties to present additional presentations on undefined, ununified content;

) The judge concludes that the issues of the parties are united and the ununified.

5. Secretary of the session write on the session of the session examining the delivery, approach, public testimony, and dialogue.

What? 139. The transcript of the session checks the delivery, access, public testimony; the dialogue editor.

1. The session of the session examining the delivery, access, public testimony must have the following content:

a) The day, the month, the year of the session;

b) The location of the session;

c) The composition of the session;

d) The opinion of the incumbent or the legitimate representative of the incumbent, the defender of the right and the legitimate interest of the incumbent on the specified content at paragraph 2 Article 138 of the Law;

Other events;

e) The judge ' s conclusion of acceptance, not accepting the offer of the incumbent.

2. The dialogue editor must have the following content:

a) Content specified at the points a, b and c paragraph 1 This Article;

b) the opinion of the incumbent or the lawful representative of the incumbent, the defender of the right, and of the legitimate interests of the same;

c) Content has been united, not united.

3. For the absence of a dialogue that is specified at Article 135 of this Law, it is compiled in accordance with the provisions of this Article 1 Article.

4. The text must have full signatures or points of the participants of the session, the signature of the Secretary of Session write the text and of the presiding judge. Participants of the session have the right to view the session immediately after the conclusion of the session, requesting to write the modifications, add to the session editor and sign or the confirmation point.

What? 140. Processing the results of the dialogue

1. The case through the dialogue that the starter still holds the request for the prosecution, who is subject to the decision of the decision, the defendant, who has the rights, the relevant obligation to have the independence required, the judge conducts the procedure to proceed. Open trial court.

2. The case through dialogue that the person who sued voluntarily withdrew from the event, the judge set a statement about the person who sued voluntarily to withdraw the lawsuit, and decided to suspend the settlement only on the request of the starter. The starter was entitled to repress the case if the event was still available.

3. The case through the dialogue that the accused is committed to amending, the supplement, the replacement, the cancellation of the decision being sued or terminated the defendant 's administrative action and the lawsuit is committed to withdrawing the lawsuit, the Court of Editing of the incumbent' s commitment. The truth In the 7-day period since the date of the border, the defendant must submit to the New Administrative Decision Court or inform the termination of the executed administrative action and the charges must be sent to the Court of Appeal of the Court of Appeal. At the end of this period, one of the officers did not commit his commitment, the judge conducted the proceedings to open the trial.

The case of receiving a new administrative decision or an open document, the Court must inform the other authorities. In the 7-day period since the date of the Court's announcement, if the incumbent has no objection, the judge decides to recognize the outcome of the dialogue, suspending the settlement and sending it immediately, the Institute of the same degree. The decision took effect immediately and was not appealed, appealed to the procedure of the appellate procedure; the case with the grounds that the content of the parties was united and committed was due to confusion, deception, intimidation, or illegal, social morality. The decision of the Court may be reviewed in accordance with the procedure of the judge.

What? 141. The suspension of the case was suspended.

1. The court decided to suspend the case only when it was in one of the following cases:

a) At the same time, the individual who died, the agency, the organization dissolved or declared bankruptcy without the individual, the agency, the successor organization, the prosecution obligation;

b) Of whom is the loss of the ability of the people, who have not yet given a child, yet he has yet to be appointed by the law;

c) For the time of the trial, one of the members cannot be present for the right reasons, except for the case of a judge.

d) Need to wait for other agency ' s solution results or the results of the other incident involved;

We need to wait for additional regulatory results, reorganization; need to wait for the results of the judicial mandate, the mandate to collect the evidence or wait for the agency, the organization that provides the document, the evidence at the request of the new Court to resolve the case;

e) Need to wait for the results of a law-related text processing results regarding the settlement of the case with a left sign with the Constitution, law, law-breaking text of the state agency ' s agency on which the Court has a written petition with the authority with the authority to review the amendment. change, add or abolish that text.

2. The temporary decision to suspend the case can be appealed against, the appeal according to the appellate procedure.

What? 142. As a result of the suspension of the suspension.

1. The court does not abolish the name of the suspended case only addressing in the ensemination that only notes the number and date book, the year, the year of the parole decision only addressing that case to follow.

2. When the suspended reason is specified at Article 141 of this Law no longer the Court decides to continue to resolve the case and cancel the decision to suspend the case.

3. Proposition of a fee, the fee that the incumbent has been filed when the Court continues to resolve the case.

4. During the temporary suspension of the case, the judge was assigned to resolve the case still liable for the settlement of the case.

After having a decision to suspend the case in accordance with Article 141 of the Law, the judge is assigned to resolve the case with the responsibility of tracking, the agency, the organization, the individual who recituated the reasons that led to the case being suspended. You know, the shortest time in time to get the case out.

What? 143. Suspension of the case.

1. The court decided to suspend the resolution of the case in the following cases:

a) The starter is the deceased individual whose rights, their obligations are not inherited; the agency, the organization that has dissolved or declared bankruptcy without the agency, the organization, the individual successor to the right, the duty of the proceedings;

b) The onset of a lawsuit is withdrawn in the absence of the independent requirement of the person of interest, the obligation to be related. In the absence of an independent person's request for independence, the relevant obligation in which the person has the right, the obligation to remain in order to maintain its independence request, the Court decides to suspend the settlement only on the request of the condemned man;

c) The starter withdrew the lawsuit, who has the rights, the obligation to relate the petition to independence;

d) The applicant did not submit a cost to the cost of valuing the property and other proceedings under the rule of law.

Where the person has the rights, the relevant obligation to an independent requirement without paying a repayment of the cost of property valuation and other litigation costs under the provisions of this Law the Court suspended the settlement of their independence request;

The starter was given a second valid summons which remains absent except for the case they recommend the Court for the absence or case of an unimpediable event, the objective impede;

e) The defendant resciner the administrative decision, the decision to discipline the decision, the decision to resolve the complaint of the decision to handle the competition or end of the executed administrative action and the accuser agrees to withdraw the lawsuit, who is present. the rights, the relevant obligation that the independent requirement agreed to withdraw the request;

g) The time of the onset is expired;

h) The cases stipulate at 1 Article 123 of this Law which the Court has taken.

2. When the decision is made to suspend the case, the Court returns the lawsuit, the document, the document, the evidence, if required.

3. The decision to suspend the resolution of the case can be appealed against, the appeal according to the appellate procedure.

What? 144. The consequences of the suspension of the case.

1. When a decision is made to suspend the case, there is no immediate right to sue the Court to resettle that case, if the fact that the case is not different from the case has been suspended about the starter, the defendant and the law-related law. accept, except for cases suspended by regulation at points b, c and e paragraph 1 Article 123, point b and point 1 Article 143 of this Law and other cases by law.

2. The charges for a fee, the fee that the incumbent has been filed under the law of the charge of the charge, the charge of the Court.

What? 145. The authority over the decision to suspend the case, decided to continue addressing the case, decided to suspend the case.

1. The judge is assigned to resolve the case with the authority to make a suspended decision, the decision to continue to resolve the case or decide the suspension of that case.

2. In the 3-day period of work since the day of Judge one of the decision-making decisions at 1 Article, the Court must submit that decision to the incumbent and the Institute for the same level.

What? 146. The decision to take the case to trial.

1. The decision to take the case to trial must have the following main content:

a) The day, the month, the year, the opening of the trial;

b) The trial is made public or of a secret trial;

c) The name, the address of the participant;

d) The event of the event;

They, the name of the Judge, the People's Assembly, the Secretary of the Court, the Examine, the Judge, the People's Court, the Court Secretary, the Reserve Officer (if any).

2. The decision to take the case to trial must be sent to the incumbent, the Institute for the same degree immediately after the decision.

What? 147. Send a file to the

The court must submit a case file along with the sending of the decision to submit the case to the Institute for Research on the same level. In the 15-day period since the date received the case file, the examination institute must return the case file to the Court.

Chapter XI

A COURT HEARING.

Item 1

GENERAL REQUEST FOR A TRIAL

What? 148. A general request for a preliminary hearing.

A preliminary hearing must be conducted on time, the location was written in the decision to take the case to trial or in the paper to reopen the trial in case of a delay of the trial.

What? 149. Court opening deadline

In the 20-day period since the day of the decision to take the case to trial, the Court must open the trial; the case for the correct reason is the extension of the trial may last but no more than 30 days.

What? 150. The venue for the trial.

The trial is held at the court office or may be outside the Court office but must ensure the formal charge and form of the prescribed courtroom at Article 151 of this Law.

What? 151. Layout of the courtroom layout

1. The national emblem of the Socialist Republic of Vietnam hangs in the middle of the courtroom and above the seat of the jury.

2. The courtroom must have its own layout areas for the Board of Trial, Examination Clerk, the Secretary of the Court, the incumbent, the defender of the rights and the legitimate interests of the incumbent, the other litigmen and the person who attended the trial.

What? 152. Direct trial, verbal.

1. The trial by words and must be conducted at the courtroom.

2. The trial council must directly define the circumstances of the case at the trial by asking and hearing the presentation, the direct debate on the situation, the evidence of the case of the lawsuit, the defendant, who has the rights, the obligation in connection with the case. The legal representative, the defender of the right, and the legitimate interests of the incumbent and the other litigants, the agency, were invited to attend the trial, listening to the examination.

What? 153. Court of the Court

1. When entering the courtroom, everyone has to accept the security inspection of the force responsible for the protection of the trial.

2. The prohibition of carrying weapons, aggression, explosives, flammable, toxic substances, radioactive substances, circulating items, slogans, slogans and documents, other items that affect the respect of the trial into the courtroom, except the evidence of the case that caters to the work. trial or weapon, the instrument of assistance is carried by the competent authority to serve as a duty to protect the trial.

3. The participant in the court at the request of the Court must publish a summons, invitations, other relevant papers for the Office of the Trial at the Office of the Secretary at the delay of 15 minutes, before opening the trial and sitting in the courtroom in accordance with the trial. The Secretary of the Court's instructions; the late case must be issued a summons, invitations, other relevant papers for the Secretary of the Court through the task force to protect the trial.

4. The journalist who attends the trial to take the news on the trial of the trial must accept the control of the Chair of the trial on the area of the industry. The journalist said that the jury's image had to be agreed upon by the judge. The recording of the words, recording the image of the incumbent, the other litigmen must have their consent.

5. Everyone who attends the trial must have a serious costume; there is respect to the Court of Arbitration, which keeps order and obeying the control of the Chair of the trial.

6. Not wearing a hat, hat, wearing a stained glass in the courtroom, except for the correct reason and being authorized by the judge; do not use mobile phones in the courtroom; do not smoke, do not eat in the courtroom or have different behavior. This is the honor of the trial.

7. The person who took the court at the request of the Court must be present at the trial during the trial of the case, unless the case was agreed upon by the court to leave the courtroom if there was a legitimate reason.

Men under the age of sixteen were not allowed to enter the courtroom, except for the case being attended by the Court.

8. People in the courtroom must stand up when the Assembly assers to the courtroom and when sentencing, unless the case is agreed by the Chair of the trial.

9. Only those who are agreed by the Council for consent are asked, answer or give a speech. The person who asks, answers or statements must stand up, unless the case for health reasons is agreed by the court to sit to ask, answer or give a speech.

What? 154. Component of the jury trial

The jury's trial consisted of a judge and 02 people's judges, except for the stipulation of Article 249 of the Law. The preliminary trial council may include 2 Judges and 03 People ' s Assemblies in the following case:

1. Vote for administrative decision, administrative action of the Provincial People 's Commission, the Chair of the Provincial People' s Commission concerning many subjects; and

2. The complex case.

What? 155. The presence of the Board Member and the Secretary of the Court.

1. The trial was only conducted when there were enough members of the Board of Trial and the Secretary of the Court.

2. The case with the judge, the District Court of absence or cannot continue to participate in the trial but there is a judge, the people ' s jury is expected to join the trial from the beginning that these people are replaced members of the trial council absent for corruption. The trial.

3. The case with no Judge, the Eligible Jurors to replace the Board Member on the stipulation at paragraph 2, the trial must be postponed.

4. Case of Secretary of the Court is absent or cannot continue to participate in the trial without the replacement of the trial.

What? 156. The presence of an observer.

1. The prosecutor is checked by the Institute of the Institute for a mission to attend the trial, in the absence of the trial, and the Board is still on trial.

2. The case of the inspection of the Auditabas is changed at trial or may not continue to participate in the trial, but there are the Defects Examination, the person being joined in the trial of the case if they are present at the trial from the beginning.

What? 157. The presence of the incumbent, the representative, the defender of the right and the legitimate interests of the incumbent

1. The Tribunal for the first valid, incumbent or representative of them, the defender of the right and the legitimate interests of the incumbent must be present at the trial; in case someone absenters, the Board is delaying the trial, unless the person is alone. You know, the trial was absent.

The court informed the incumbent, the representative, the defender of the right and the legitimate interests of the person who knew the delay of the trial.

2. The Tribunal for the second valid, incumbent or representative of them, the defender of the right and the legitimate interests of the incumbent must be present at the trial, if absent because of the unimpediability, objective impediability, the following:

a) For the starter, the person who represents the law of the condemned man without a representative to the trial is considered to give up the lawsuit and the Court to decide the suspension of the case to the person's request, except for the trial. In case they have a case of absence. The starter has the right to start again, if the launch period remains;

b) For the defendant, who has the right to gain, the obligation to be without an independent request without a representative from the trial, the Court shall conduct their absence;

c) For the right person, the relevant obligation to an independent requirement without a representative participant in the trial is considered to give up its independence request and the Court to decide to suspend the settlement only to the person's independence request, unless it is required. You know, it's a case for someone to have a trial for absence. The person with the right, the obligation to associate with an independent claim has the right to restart it for that independent request, if the onset of the event remains;

d) For the defender of the right and the legitimate interests of the incumbent, the Court went on trial for their absence.

What? 158. Trial in case of absence at trial

The court still conducts trial on the case in the following cases:

1. The starter, who is sued, who has the rights, the related obligations and their agent absenters at the trial with the application of the Court for absconation;

2. The person who sued, who is sued or who has the rights, the obligation is absent at the trial but has the representative involved in the trial;

3. Cases of regulation at point b and point 2 Article 157 of this Law.

What? 159. The presence of a witness.

1. The witness is obligated to join the trial according to the court ' s summons to present the details of the case that they know. The case of the absenters, but previously testified directly to the Court or sent testimony to the Court, the Magistrate announced that testimony.

2. The case of a person who testis in the absence of the jury decides to postpone the trial or remain on trial. The case of the absenters in the trial has no legitimate reason and their absence is impediable for the trial, which may be led to the trial by the decision of the jury.

What? 160. The presence of the examiner.

1. The examiner is obliged to join the trial in accordance with the Court 's summons to clarify matters related to the examiner' s identification and conclusion.

2. The case of the examiner is absent, the jury decides to postpone the trial or remain on trial.

What? 161. Interpreter's presence

1. The translator is obliged to join the trial according to the court ' s summons.

2. The case where the translator is absent without other people ' s replacement, the jury decides to postpone the trial.

What? 162. Delay trial

1. The cases have to postpone the trial:

a) The case stipulated at paragraph 3 and paragraph 4 Article 155, paragraph 1 Article 157, paragraph 2 Article 161 of this Law;

b) Member of the trial council, the Secretary of the Court, the translator was changed without the immediate replacement;

c) The case must proceed in accordance with regulation at Article 170 of this Law.

2. The case of adjourn is prescribed at paragraph 2 Articles 159 and paragraph 2 Article 160 of this Law.

What? 163. The deadline, the decision and the authority to postpone the trial

1. The deadline for the trial of a trial is not more than 30 days from the date of the jury's decision to postpone the trial, except for the trial of the case in a shortened procedure, the delay is 15 days.

2. The decision to postpone the trial must have the following main content:

The day, the month, the year was determined;

b) The name of the Court, the name of those who conduct proceedings;

c) The case was put on trial;

d) The reason for the delay of the trial;

Time, location reopened.

3. The decision to postpone the trial must be Chairman of the trial on behalf of the Board of the Trial. In the absence of a court of absence, the Chief Justice of the Court decided to postpone the trial. The decision to postpone the trial was informed immediately to the participants; for the absenters the Court sent them the decision, and sent it to the Institute for the examination.

4. The case after adjourn the trial the Court could not reopen the trial on time, the venue to reopen the trial in the decision to postpone the trial the Court must inform the participants of the proceedings and the Institute for the same level of time. The venue, the reopening of the trial.

What? 164. Procedure for the verdict, the Court ' s decision at trial

1. The verdict must be discussed by the Council of Assembly and adopted in the parliamentary chamber.

2. The decision to change the person to conduct proceedings, the examiner, the translator, the transfer of the case, the suspended sentence or suspension of the case, postpones the trial must be discussed, passed in the parliamentary chamber and must be established in writing.

3. The decision on other matters is discussed by the Council of Assembly and passed in the courtroom, not written into writing, but must be written to the transcript of the trial.

What? 165. Suspended, suspension of the case at the trial.

1. At the trial, if one of the cases stipulated at points a, b, c, d and e paragraph 1 Article 141 of this Law then the Board of judges decides to suspend the case only.

2. At the trial, if one of the prescribed cases at 1 Article 143 of this Law then the Board decides to suspend the settlement of the case.

3. The case of the arrival of a new administrative decision which decides that administrative decision to involve the decision to be sued and not under the jurisdiction of the Court on trial for a trial, the jury suspended the trial and transferred the case file. for the Court with jurisdiction.

What? 166. Edit Session

1. The trial version must fully write the following content:

a) The specified content at paragraph 1 Article 146 of this Law;

b) Every performance at the trial from the beginning until the end of the trial;

c) The questions, answers and statements at the trial;

d) Other content must be written to the written version according to the provisions of this Law.

2. In addition to the recording of the trial, the Court can perform the recording, recording of the trial of the trial.

3. After the end of the trial, the Board of Assembly must inspect the border; the Chair of the trial and the Secretary of the Court sign on the border.

4. The prosecutor and the litigation participants have the right to view the trial of the trial, requesting to write the modifications, add to the trial and sign receipt.

What? 167. Prepare for the opening of the trial.

Prior to the opening of the trial, the Secretary of the Court must proceed with the following work:

1. Common populate the trial;

2. Check, identify the presence, absence of those who attend the trial according to the court ' s summons; if one is absent then it is necessary to clarify the reason;

3. Order stability in the courtroom;

4. Ask everyone in the courtroom to stand up when the Board is on trial in the courtroom.

What? 168. The trial is absent from all the participants.

1. The court is based on the document, the evidence is in the case for the trial of the incumbent, the participant in accordance with the provisions of this Law when there is sufficient following the following conditions:

a) The starter, the lawful representative of the starter, has a bill of absence;

b) The person who is sued, who has the right to gain, the obligation involved; the legal representative of the accused, who has the right to gain, the related obligation with a petition to be absent or has been given valid for the second time, but remains absent;

c) The defender of the right, the legitimate interest of the accuser, who is sued, who has the right, the associated obligation to have a single trial or has been given a second valid summons which is still absent.

2. Chairman of the court of justice for the absence or order of the subject of the trial of absence.

3. Chairman of the public hearing summary of the case and the document, the evidence is in the case file. The jury deliberated on the issues that needed to be addressed in the case.

4. Check out the checklist.

5. The trial council conducts the sentencing and sentencing under the provisions of this Law.

Item 2

THE PROCEDURE BEGINS THE TRIAL.

What? 169. The opening of the trial

1. The chair of the trial opening the trial and reading the decision to take the case to trial.

2. The Secretary of the Court reports to the Board of Trial on the presence, absence of those who attend the trial according to the summons, the Court ' s paper and the reasons absent.

3. The Chair examines the presence of those involved in the trial in accordance with the court papers, the court papers, and the examination of the person's identity.

4. Chairperson of the popular trial, the obligations of the members and of the other litigates.

5. The Chair presents them, the member of the jury, the clerk, the examiner, the examiner, the translator.

6. Chairman of the court asked those who had the right to ask for changes to the proceedings, who interprets whether they are required to change who does not; ask those who have the authority on the examiner to have a stipulated breach at paragraph 3 Article 63 of this Law.

7. The magistrate's trial requires the witness to commit to the correct declaration, if they are not accountable to the law, except for the case of a juvenile.

8. The chair of the trial requires the examiner, the interpreter who is committed to providing accurate determinism, the correct translation required translation.

What? 170. Addressing the request for change of proceedings, the examiner, the translator.

The case at the trial is that the person who asked to change the proceedings, the examiner, the interpreter, the Council of the Court must consider, decide whether to accept or not accept the requirements under the rules of this law; if not accepted. must specify the reason and write to the transcript of the trial.

The case with an opinion of the examiner violates one of the provisions at paragraph 3 Article 63 of this Law, the Board must consider; if there is a base, the decision to proceed in accordance with the provisions of the law.

What? 171. Make sure that your objectiship's objectiable.

1. Before the testimony was asked about the issues they knew was relevant to the settlement of the case, the Speaker of the trial could decide the necessary measures for those who testify not to hear each other ' s testimony or contact the others. You're involved.

2. The case of the testimony of the incumbent and the witness who has an influence on each other, the judge may decide how to deal with the witness before asking the witnesses.

What? 172. Questions about change, supplement, request withdrawal

1. The chair of the trial asked the starter about the change, addition, partial withdrawal or the entire request for the start.

2. The chair of the trial asked for the rights, the relevant obligation
request independence on the change, addition, partial withdrawal or all independent requirements.

What? 173. Review the changes, additions, request withdrawal

1. The trial council accepted the change, adding the requirement of the incumbent if the change, adding that their requirements did not exceed the scope of the declaration of the event or the initial independence requirement.

2. The case of the withdrawal of one part or all of its requirements and the withdrawal of their requirements is voluntary, the Board of Trial accepts and suspend the trial on the required requirements or the entire requirement that the incumbent has withdrawn.

What? 174. Change the status of the proceedings.

When the initialisman withdrew the entire request for the start of the lawsuit, the person with the right, the associated obligation to keep his independence request, the person with the right, the obligation to become the starter.

Section 3

TRIAL AT TRIAL

What? 175. Content and Litigation at the trial

1. The litigation at the trial includes the presentation of evidence, questions, answers, and statements of views, arguments on the assessment of the evidence, the circumstances of the case, the disputed law and the law applicable to address the claim of the incumbent in the case. Murder.

2. The litigation at the trial is conducted under the control of the Chair of the trial.

3. The chair of the trial is not restricted to the duration of the litigation, facilitates the participants of the debate, but has the right to cut opinions not related to the case.

What? 176. Presentation of the current

1. The incumbent case still holds the request, his views and disunity with each other on the resolution of the case, the Board summares the required content of the incumbent, the announcement of the conclusion at the session of the delivery, access, public testimony. And the dialogue, the issues that need to be litigated, requires that the presentation of the problem is unknown, and the following sequence is contradicts:

a) The defender of the legal rights and interests of the origination of the present's presentation on the issue is unknown, and contradicts and evidence to prove to the request of the starter to be based and legal. The starter has the right to add opinions. The agency's case, the organization that started the case, the agency's representative, the organization's presentation on the unknown, contradicts and the evidence to prove that the request for the start was based and legal;

b) The defender of the rights and legal interests of the sued to present the defendant's opinions on the request of the starter; the request, the defendant's offer, and the evidence to prove that the requirement is based and legal. The defendant has the right to add comments;

c) The defender of the legal rights and interests of the right to the right, the obligation to relate the opinion of the person with the rights, the obligations concerning the request, the recommendation of the accuser, the defendant; the request for independence, the offer of the right, the related obligations and evidence to prove that it is based and legal. You have the right, the relevant obligation to add the opinion.

2. The case of the starter, who is sued, who has the rights, the obligation to involve no defender of the right and the legitimate interests of themselves, they present themselves on the request, the offer and the evidence to prove to the request, suggesting that it is grounded. and legit.

3. At the trial, the incumbent, the defender of the right, and the legitimate interests of the incumbent have only the right to supplement the prescribed evidence at paragraph 2 Article 133 of this Law to demonstrate his request.

What? 177. The order and the principle of question at the trial.

1. After hearing the presentation of the incumbent, the defender of the right and the legitimate interest of the incumbent pursuits at Article 176 of this Law, according to the Executive Chairman of the trial, the question of each person is done as follows:

a) The starter, the defender of the legal rights and interests of the initialers, goes on to the defendant, the defender of the rights and the legitimate interests of the accused, then the person with the rights, the related obligations, the defender of rights and benefits. the legal of the right, the duty of the service;

b) He joined other proceedings;

c) The magistrate of the court, the assembly of the people;

d) A member of the jury.

2. The questioning must be clear, serious, not duplicated, not taking advantage of asking and answering to violate the honor, the dignity of the litigable participants.

What? 178. Ask the starter

1. The case with many people in the event must ask one by one.

2. Only ask the starter on the issue that the starter, who defended the legal rights and interests of the unknown, contradicts each other or contradicts their earlier testimony, contradicts the alleged presentation of the defendant, who was the only one who was killed. have the right, the relevant obligation and the defender of the right and the legitimate interests of these people.

3. The starter may be able to answer or defend the legal rights and benefits of the starter who answers instead to the starter and then the starter answers the supplement.

What? 179. Ask the accused.

1. The case with many people is sued, one by one.

2. Only ask the person who is sued on the issue that the defendant, who protects the legal rights and interests of the unknown, contradicts each other or contradicts their earlier testimony, contradicts the presentation of the starter, who has the right to do so. the rights, the related obligations and the defender of the rights and the legitimate interests of these people.

3. The defendant may be able to respond to himself or the defender of the right and the legal benefit of the person who is sued for an answer in place of the person who is sued and then the defendant answers the additional.

What? 180. Ask the right person, the obligation to

1. The case with a lot of people with rights, the obligation involved, you have to ask each one separately.

2. Only the person with the right, the obligation to relate to the issue in which the person has the rights, the relevant obligation, the defender of their rights and the legitimate interests of the present, have contradicts each other or contradicts their earlier testimony, contradicts the words. the presentation of the starter, the defendant, the defender of the right and the legitimate interests of these people.

3. The person with the rights, the related obligation may either answer or the defender of their rights and their legitimate interests respond to their behalf and then the person with the rights, the obligation to an additional answer.

What? 181. Ask the witnesses.

1. The case with a lot of witnesses has to ask each one separately.

2. Before asking the witnesses, the Chair is required to question the relationship between them and the authorities in the case; if the witness is a juvenile, the judge may require a father, mother, guardian, or teacher, the teacher to help. Ask.

3. The chair of the trial asks the witnesses to clear the details of the case they know. After the witness is done, only the person who testis about the problem they presented is unknown, incomplete or contradicts each other, contradicts their earlier statements, contradicts the presentation of the incumbent, the defender of the rights. and the legitimate interests of the incumbent.

4. After the presentation, the witnesses stayed in the courtroom to be able to be asked further.

5. The required case must ensure the safety of the witnesses and their loved ones, the jury decides not to disclose information about the witness ' s behalf and not let the people in the trial see them.

6. incumbent, the defender of the right and the legitimate interest of the person who testis after being agreed by the Chairperson of the trial.

What? 182. Publish documents of the case

1. The trial council published the documents of the case in the following cases:

a) The participant in the proceedings was not present at the trial, but in the period of preparation for testimony;

b) The testimony of the participant in the trial contradicts the earlier testimony;

c) When the jury finds it necessary or at the request of the incumbent, the defender of the right and the legitimate interests of the incumbent, the other litiger, the prosecutor.

2. The special case that needs to keep state secrets, preserve the country ' s customs, customs, secrecy, business secrecy, private secrecy, personal secrecy or to protect the juvenile at the request of the incumbent, the Board does not publish the documents. It's in the case file.

What? 183. Listen to tape recordings, record discs, view tapes, record discs, other devices that store sound, images and images.

At the request of the incumbent, the defender of the authorities and the legitimate interests of the incumbent, the other participant or the prosecutor or when the trial was needed, the Board of the jury heard the tape recorder, the recording disc, the recording tape, the recording disc, the device. Other audio storage, images at the trial, except for the specified case at 2 Article 182 of the Law.

What? 184. Look at the evidence.

1. The evidence, photo, or the receipt of the evidence was given to review at the trial.

2. The trial council may be together with the authorities to consider where the evidence cannot be taken to the trial if it is needed.

What? 185. Ask the examiner.

1. The chair of the trial asks the examiner to present his conclusions on the matter given the subject. When presented, the examiner has the right to explain the determinism, the base to the conclusion of the monitoring.

2. Supervisor, the participants present at the trial have the right to comment on the conclusion of the review, which is asked whether the issues are not yet clear or contradicts in the conclusion or are contradicts with other evidence of the case.

3. The case of the examiner is not present at the trial, the Court Chairman announced the conclusion.

4. When a participant in the proceedings does not agree to the appointed conclusion published at the trial and there is a request for additional monitoring or resettlement; the case of the review of additional monitoring, resettlement is not necessary, the trial council continues to continue. trial; the case of a review of the additional oversight, the resettlement required for the settlement of the case, the Board of the jury decided to provide additional oversight, recharge and suspend the trial pending further review of the review.

What? 186. End of questioning at trial

When the details of the case were fully reviewed, the Chairman of the trial asked the prosecutor, the incumbent, the defender of the rights and the legitimate interests of the incumbent and the other litigates to see if they asked for any further questions; the case. I have a request for a request and a question is based on the grounds that the judge decides to continue asking questions.

What? 187. Suspend the trial.

1. During the trial, the trial council has the right to suspend the trial when there is one of the following bases:

a) Due to the health condition or due to the adverse event, the other objective that the person who conducts proceedings cannot continue to conduct the trial, except for the replacement case of the person who conducts proceedings;

b) Due to the health condition or due to the adverse event, the other objective that the participant may not continue to take part in the trial, except for the case of the prosecution for a request for a trial absence;

c) It is necessary to verify, gather the document supplemally, the evidence without implementation is not able to resolve the case and cannot be performed at the trial;

d) It is necessary to report to the Chief Justice of the Court of authorship to offer, petition for amendment, supplement or abolish the law of law under provisions at Article 111 of this Law;

The parties of the Court shall take the court to cease, so that the parties should stand by themselves;

e) Wait for the additional monitoring results, redefining the regulation at paragraph 4 Article 185 of this Law.

2. The temporary session of the trial must be written to the court transcript. The deadline for the trial has not been over 30 days since the day of the jury's decision to suspend the trial. The jury continued the trial, if the trial was suspended. At the end of this period, if the reason to suspend the trial was not yet remedied, the Board of Assembly decided to address the decision to address the case and inform the participants and the Institute for the examination of the time of the trial.

What? 188. Speech sequence statement

1. After the conclusion of the asking, the debate at the trial is done as follows:

a) The defender of the legal rights and interests of the origination of the presentation. The starter has the right to add opinions. The agency, the agency, the agency, the agency, the agency.

b) The defender of the rights and the legitimate interests of the subject of debate, in response. The defendant has the right to add comments;

c) The defender of the right and the legitimate interests of the person has the rights, the obligation to relate to the presentation. Who has the rights, the relevant obligation has the right to add opinions;

And the pursuits to the control of the chief of the court;

When it is necessary, the trial council may require the parties to debate additional questions about specific matters to the base of the case.

2. The case of the starter, who is sued, who has the right, the obligation to involve no defender of the rights and their legitimate interests, they present themselves upon the debate.

3. The case in the absence of one of the parties, the defender of the right and the legitimate interests of the incumbent and the other litiger, the Speaker of the trial must publish their testimony, the copyright protection text, and the legitimate interests of the incumbent, on that basis. The truth is at the trial and the answer.

What? 189. Speaking in debate and response.

When he spoke of the review of the evidence, proposed his views on the settlement of the case, the participant debated the document, the evidence collected and was reviewed, examined at the trial as well as the outcome of the trial. The participant in the debate has the right to respond to other people ' s opinions.

What? 190. A spokesman for the police.

After the participants of the proceedings of the debate and the response was done, the prosecutor gave the comments about following the law of judges, the People's Assembly, Secretary of the Court, and of the participants in the process of solving the case, since then. When it comes to the time of the jury's trial and the decision to address the case.

Shortly after the end of the trial, the Examine must submit a statement of opinion to the Court in order to save the case file.

What? 191. The resolution.

1. After the conclusion of the debate, the Assembly tried to enter the parliamentary chamber for the resolution.

2. Only members of the new trial council have the right to parliament. When the resolution, members of the jury must address all the problems of the case by voting in a majority of each issue. The People's Assembly predetermined, the final judge of the vote. In the case of the five-member jury, the presiding judge was the final voting judge. The person with a minority opinion has the right to present his opinion in writing and be included in the case file.

3. When the resolution, the trial council is based solely on the document, the evidence has been checked, reviewed at the trial, the outcome of the litigation at the trial, the opinion of the Auditor, the provisions of the law and the study, the application of administrative law (if any). related to the decision to decide on the following issues:

a) The legitimacy and basis of the form, the contents of the administrative decision or the implementation of the executed administrative action;

b) The validity of the authority, the sequence, the procedure of issuing administrative decisions or the implementation of administrative action;

c) The time, the deadline for the implementation of administrative decision or execution of administrative action;

d) The connection between administrative decision, administrative behavior with the legal rights and interests of the initialers and those involved;

) Compact and have the base of the relevant administrative text (if any);

e) The problem of damages and other problems (if any).

4. When the resolution must have a written record of the opinion discussed and the decision of the Council on trial. The protocol must be signed by members of the Assembly at the sentencing chamber before the verdict.

5. The case where the case has many complications, the sentencing requires more time the trial council may decide to extend the time of the resolution, but not more than 05 days of work since the end of the debate at the trial.

The jury must notify those present at the trial and the participant in the absence of the hearing date, hours and site of the sentencing; if the trial council has made the announcement that the participants are absent, the Council agrees. trial is still in accordance with the provisions of Article 195 of this Law.

What? 192. Back to the question and debate.

Through debate or through the resolution, if the case is not reviewed, the review is incomplete or more evidence is needed, the Council decides to return to question and debate.

What? 193. Jury's jurisdiction.

1. The jury review the legalization of administrative decision, administrative action, disciplinary decision-making, decision to resolve the complaint of the decision to handle the competition, the list of voters being sued, the decision to address the complaint. The law is concerned and the law is relevant.

2. The trial council has the right to decide:

a) I demand to sue, if that request does not have a legal basis;

b) Accept of a portion or all of the request of the prosecution, the declaration of part or the full decision administrative decision and the decision to resolve the relevant complaint (if any); force the state agency or the competent person in the state authority. The mission, the law, the law, the law, and the time that the resolution of the law was destroyed.

c) Accept of a portion or all of the request of the prosecution, the declaration of administrative action is the law of the law, partial destruction or the whole decision to resolve the relevant complaint (if any); forcing the state agency or the competent person in the state agency. It ends the law of law.

d) Accept of the request of the launch, the declaration of a disciplinary decision forced to cease the law of law; and to force the head of the body, the organization to carry out the duties, the work under the rule of law;

) Accepting part or all of the request for the prosecution, partial destruction or the entire decision to resolve the complaint of the decision to handle the legal legal competition; forcing the agency, who has the authority to decide to resolve the complaint of the decision. try to handle the competitive case resolving the case in accordance with the Law of Competition;

e) Accept a portion or all of the request of the event; force the body to establish a revised voter list, the addition of the list of voters by the rule of law;

g) forced the organ, the organization of damages, the restoration of the right, the legitimate interests of the agency, the organization, the individual who was violated by the administrative decision, the administrative act, the decision to discipline the law, decided to deal with the illegal competition. You know,

h) The petition with the state authority has jurisdiction, the head of the state agency has the authority to consider the responsibility of the state agency, who has the authority of the state authority.

3. The case needs to require the agency, who has the authority to review, process administrative documents relating to administrative decision, the executed administrative action stipulated at paragraph 1 Article 6 of this Law the Court of Justice reports the Court is on. Solving that case has a written request for the agency, who has the authority to review, process that administrative document. In this case, the Board has the right to suspend the trial to await the outcome of the settlement of the agency, who has jurisdiction. In the 30-day period since the date of the Court ' s decision, the authority, who has the authority to respond in writing about the results of the trial to the Court knows to be a base for the settlement of the case. This deadline without receiving the answer of the agency, who has the authority, the Board is entitled to apply the document of the upper state governing body to decide on the stipulation at paragraph 2.

4. The case of a law-finding law that is relevant to the settlement of the administrative case which has a left sign with the Constitution, the law, the law that rules the law of the state office above, the Council shall suspend the trial by statute. at Article 112 of this Law.

What? 194. A preliminary sentence.

1. The Court released the sentence on behalf of the Socialist Republic of Vietnam.

2. The sentence includes the opening section, the case content section and the identification and the decision part of the Court, namely:

a) In the opening section must specify the name of the Court of Trial; the number and date of the trial; the number of sentences and the days of sentencing; they, the name of the jury member, the Court clerk, the Examination, the examiner, the translator; the name, address of the starter, the defendant, who has the rights, the relevant obligation; the agency, the agency, the legal representative, the defender of the rights and the legitimate interests of the incumbent; the subject of the event; the number, the date, the date, the year of the decision to take the case to trial; or the secret trial; the time and the place of the trial;

b) In part of the case and the decision of the Court must record the recommendation of the initialor, the organization of the agency, the organization; the offer, the independent request of the person with the rights, the related obligations.

The court must be based on the outcome of the litigation, the evidence was reviewed at the trial for analysis, evaluation, full identification, objectiation of the details of the case, the laws of law, the case (if any) the Court applied to accept or not accept it. receiving the request, the offer of the incumbent, the defender of the right and the legitimate interests of the incumbent and the addressing of the other matters involved;

c) In the decision section must clear the laws of law, the Council's decision on each issue must resolve in the case, on the application of temporary emergency measures, on charges, charges of litigation and the right to appeal to the verdict; the case is required. The decision must be made immediately.

3. When retrial the case in which the verdict, decided to have been partially or completely destroyed by the decision of the jury, retrial, the Court must resolve the property problem, the obligation was enforced under the verdict, the decision to take effect on the law but be canceled and noted. in the sentence.

What? 195. Sentencing

The jury reads the verdict in the presence of the judges. The case was present at the trial but was absent when the verdict or absence was prescribed by Article 5 of Article 191 of the Law, and the Board of the Council sentences the verdict. In accordance with the provisions of Article 16 of Article 16 of the Law, the Board of Judges announces the opening of the opening and the decision section of the verdict.

When the verdict, everyone in the courtroom must stand up, unless the special case has the consent of the judge ' s trial. Presiding over the trial or another member of the Board of the jury reads the verdict and may further explain the implementation of the sentence and the right to appeal.

When the sentence is not known, the translator must translate them to the entire sentence to the language they know.

What? 196. Level, send a copy of the sentence, the verdict.

1. In a 3-day period of work since the end of the trial, the authorities are granted the court to the court.

2. In the 7-day period since the day of sentencing, the Court must grant, send a sentence to the authorities and the Institute for the same level.

3. In the 30-day period since the expiration of the appeal deadline, the protest without appeal, the appeal, the Court of granting, sent the sentence that had the legal validity to the incumbent, the Institute of the same degree, the civil court enforcement agency, the senior agency. Your men are sued.

4. The preliminary sentence with the Constitutional Court's legal effect is published on the Court's Electronic Information Portal (if any), except for the Court's sentence containing the specified information at paragraph 2 Article 96 of this Law.

What? 197. Correction, conviction of the verdict, Court decision

1. After the verdict, the decision of the Court to be issued was not corrected, added, unless the case found a clear error on the description, about the data due to the confusion or miscalculation. The revised text, the addition must be sent by the Court to the incumbent and the Institute for the same level; in case of the sentence, the decision was made to the law enforcement to the body of the civil court of the same level, the person's directly subordinate authority.

2. The amendment, the addition of the sentence, the decision stipulated at this Article 1 Article by the Magistrate of the Court in conjunction with the members of the jury trial or the presiding judge of the session. In the case of one of the members of the Board or the presiding judge, the session was not able to perform the repairs, the addition of the amendment, the addition of the Chief Justice of the Court.

Chapter XII

THE PROCEDURE OF ADDRESSING THE VOTER LIST OF ELECTORAL VOTES, THE LIST OF VOTER TURNOUT FOR THE PEOPLE ' S ASSEMBLY, THE LIST OF VOTERS OF THE REFERENDUM.

What? 198. Get the lawsuit and the case.

Shortly after receiving a lawsuit on the list of voters, the Chief Justice of the Court assigned a reasonable judge to the case.

What? 199. Case resolution deadline

1. In the 02 day period since the day of the trial of the case, the judge is assigned to the case that the case should be one of the following decisions:

a) the decision to take the case to trial;

b) Suspend the case and return the lawsuit.

2. After the decision to take the case to trial, the Court must submit that decision to the incumbent and the Institute for the same level.

3. During the 2 days period since the decision to take the case to trial, the Court must open the trial court.

What? 200. The presence of the incumbent, the representative of the Institute of Control.

At the same time, the Board of Inspects at the same level must be present at the trial, if the trial is absent, the Board of the Court is still on trial.

What? 201. Apply the other rules of this Law

Other provisions of the Law are applied to address the administrative case against the voter list complaint in the case of this chapter not stipulated, except for the pending trial of the trial, which sent a case file to the Research Test Institute before opening the case. trial and regulations on appellate procedure, judge, retrial.

What? 202. The validity of the verdict, decided to suspend the Court case.

1. The verdict, the decision to suspend the case of resolving the complaint about the voter list is effective immediately. Without the right to appeal, the Institute of Censorship does not have the right to appeal.

2. The court must submit immediately, the decision to suspend the case to the incumbent and the Institute for the same level.

Chapter XIII.

APPELLATE PROCEDURE

Item 1

GENERAL REGULATION OF APPELLATE PROCEDURE

What? 203. The nature of the appellate trial

The trial of appellate is the Court of Appeals for the Court of Appeals that retreats the case, the decision of the Supreme Court to have no legal effect on either appeal or appeal.

What? 204. You have the right to appeal.

The incumbent or the legitimate agent of the incumbent has the right to appeal the sentence, the decision to suspend the court, suspensure the resolution of the Court of Inquisition to ask the Court of Appeal to resettle in accordance with the procedure of the appellate.

What? 205. Appeal.

1. Upon the exercise of the right of appeal, the appeal must be a single appeal. The appeal must have the following main content:

a) Day, month, year of the order of appeal;

b) Name, address; telephone number, fax, email address (if any) of the appeal;

c) A full or partial appeal of the sentence, the decision of the Court of Inquisition has not been legally valid;

d) The reason of the appeal and the request of the appeal;

The signature or the point of the appeal.

2. The appeal is that the individual with the full administrative proceedings may be able to make the appeal alone. In the name, the address of the appeal in the order must write them, the name, the address of the incumbent against the appeal; at the same time as the last part of the appeal, it must be signed or the point.

3. The accuser stipulated at 2 This Article if it is not self-appealed, it is possible to authorize others to represent themselves against the appeal. In the name section, the address of the appeal in the application must record them, the name, address of the representative under the authorship of the appeal; they, the name, address of the authorised commission of appeal and copyright text; at the same time at the end of the appeal, the delegate on commission. the right to sign or point.

4. The person who comes under the law of the incumbent is the agency, the organization can make its own appeal. In the name, the address of the appeal in the single must be named, the address of the incumbent is the agency, the organization; they, the name, the office of the representative under the law of the incumbent, the organization; at the same time as the final appeal, the representative in the legal case. The law must sign and stamp out the body, the organization, the organization that appeals to the business, is the use of the seal by the rules of the business.

In case the person who represents the law of the incumbent is the organ, the proxy organization for others representing the agency, the organization of appeal, in the name, the address of the appeal in the order to record them, the name, address of the authorized representative. The name, the address of the incumbent is the organ, the proxy organization; they, the name, the office of the representative under the law of the incumbent, the authority, the organization, and the proxy text; at the end of the final appeal, the authorized representative, the proxy, must sign the name. Or point.

5. The incumbent under the law of the incumbent is a juvenile, who loses the ability of civil conduct to be able to make an appeal. In the name, the address of the appeal in the single must write them, the name, address of the representative under the law; they, the name, the address of the incumbent as a juvenile, the loss of civil conduct; at the same time in the final appeals, the resistance. You have to sign or point.

The case of the person representing the law of the authorities of the proxy for the other represents an appeal in the name, the address of the appeal in the order to record them, the name, address of the authorized representative and the proxy text; they, the name, address. The only person representing the law of the incumbent; the name, the name, the address of the person who is not a teenager, the loss of the power of the civil service; at the end of the order of the appeal, the authorized representative shall sign the name or the point.

6. authoritalization of the provisions of the provisions 3, 4 and 5 This must be established as a valid document, legally, except for the case of the authorized document being established in the Court with the witness of the judge or of the Chief Justice of the Court. In the authorship text there must be authorized content for the representative under the authority to appeal the verdict, the decision to suspend the court, suspencing the case of the Court of Appeals.

7. The appeal order must be sent to the Court of Jury issued a sentence, the decision to be appealed. It is accompanied by an appeal against the appeal of the appeal, additional evidence (if any) to prove his appeal to being based and legal.

The application case is sent to the Court of Appeal, the Court must be transferred to the Court of appellate to conduct necessary procedures under the provisions of Article 216 of this Law.

What? 206. Appeal deadline

1. The appeal deadline for a trial of the Court of Appeal is 15 days from the day of sentencing; for that the incumbent is not present at trial or not present when the sentence is of a correct reason the deadline for the appeal from the date of the sentence is delivered to them or It's listed.

For the incumbent, it was absent when the Court of Appeal had no legitimate reason for the duration of the appeal since the day of the verdict.

2. The appeal deadline for the decision to suspend the suspended sentence, suspenseing the case of the Court of Inquisition is 7 days from the day the person with the right to appeal received the decision or since the date of the decision was listed at the headquarters of the People ' s Commission. resides or where the seat is in the case of the right to appeal is the agency, the organization.

3. The case of a complaint sent via postal service the day of appeal is based on the date of the postal service organization where the deposit is located in the envelope. In case the appeal is being held or jailed, the day of appeal is a day of appeal as an appeal by the recipient of the authorities of the parole officer, the detention facility.

What? 207. Check the appeal.

1. After receiving a single appeal, the Court of Appellate must examine the validity of the prescribed appeal as prescribed at Article 205 of this Law.

2. The case of a overdue appeal, the Court of Appeal requires the appeal of the appeal to clear the reason and publish the document, the evidence (if any) to prove the reason the overdue appeal of the appeal is justified.

3. The case of a single appeal is not correct at Article 205 of this Law, the Court of Appeals requires that the appeal of the appeal redo the appeal or amendment, complemated in the 5-day period of work since the date of the Court's request.

4. The court returns a single appeal in the following cases:

a) The appeal has no right to appeal;

b) The appeal does not renew the appeal or non-amendment, the addition of the appeal, although there has been a request of the Court by statute at paragraph 3;

c) The specified case at paragraph 2 Article 209 of this Law.

What? 208. Overdue appeal and overdue appeal review

1. Appeal that is too long specified at Article 206 of this Law is the overdue appeal. After receiving the overdue appeal, the Court of Appeals must submit an appeal, the report of the appeal on the grounds of the overdue appeal and the document, the evidence (if any) for the Court of Appeal.

2. In the 10-day period since the date of receiving the overdue appeal and the document, the evidence accompanied by the Court of Inquisition moved to, the Court of Appeal of the Court of Appeal set up the Council of 3 Judges to review the overdue appeal. The session considers the overdue appeal for the participation of the Audit Institute of the same level and the overdue appeal. In case of the inspection, the appeal is absent, the Court is still in session.

3. Based on the document, the evidence is linked to the overdue appeal, the opinion of the overdue appeal, the examination of the Institute of Examination at the session, the Committee for the appeal for the overdue appeal by a majority of acceptance or not accepting the appeal. The charges are overdue and must specify the reasons of acceptance or acceptance in the decision. The appellate court must submit a decision to the overdue appeal, the Institute for the Same Level and the Court of Appeal; if the Court of Appeal accepts the overdue appeal, the Court of Appeal requires the procedure to conduct regulatory procedures at the terms 209, 210 and 216 of this law.

What? 209. The appeal for the appeals court fee

1. After accepting a valid application of appeal, the Court of Appeals must inform the accuser to file a suspended appeals court under the rule of law, if they do not belong to the case either exempt or not to file a fee for a fee. I'm sorry

2. In the 10-day period since the day of the Court ' s announcement of the filing of the appeals court fee, the appeal must file a charge of the fee and submit to the Court of Receipt of the receipt of the receipt of the fee. At the end of this deadline, the appeal of the appeal was not given to the appeals court, which was deemed to have given up the appeal.

Upon receipt of the appeal receipt of the appeal, the Court must grant them a confirmation of receipt of the receipt of the fee.

The case after the expiration of the 10-day period since the Court ' s announcement of the filing of the Court of Appeal charges, the new appeal filed for the Court of receipt revoked the appeal of the appeals court without stating the reason the Court granted the appeal. The person who appealed for a 3-day period of work since the date of receiving the Court's request must have a written statement issued due to the delay of receipt of receipt of the appellate fee submitted by the Circuit Court to put it in case file. This case is handled in accordance with the overdue appeal review procedure.

What? 210. Report on the appeal.

1. When sending a case file and an appeal to the Court of Appeal, the Court of the Circuit Court must immediately notify the Institute of the same degree and that it is relevant to the appeal of the appeal.

2. It was reported that the appeal had the right to send a written statement of his opinion on the appeal contents to the Court of Appeal. The text of their opinion was included in the case file.

What? 211. The National Security Council's appeal.

The Institute of the Institute of the Institute for the Institute of the same level and subordinated directly to the right to appeal the sentence, the decision to suspend the suspension, decided to suspend the Court of Inquisition's case in order to ask the Court of Appeal to resettle in accordance with the procedure of the appellate.

What? 212. Decision-making decision by the Institute of Control.

1. The appeal decision by the Institute of Control must be written in writing and have the following main content:

a) The day, the month, the year of the decision to appeal and the number of the decision to protest;

b) The name of the Institute for the Censorship Decision;

c) All or part of the sentence, the decision of the Supreme Court has not yet to take effect on the law;

d) The reason and the base of the protest and the request of the Institute of Control;

They, the name of the signor of the decision-making and closing decision of the Institute for the decision to make the decision.

2. The decision to appeal must be submitted immediately to the Court of Appellate issued a sentence, the decision to be appealed to the Court of appellate to conduct regulatory procedures at Article 216 of this Law. Accompanying the decision to appeal is the document, the additional evidence (if any) to prove to the appeal of the examination Institute is based and legal.

What? 213. Protest deadline

1. The appeal deadline for the sentence of the Supreme Court of the Examination Institution on the same level is 15 days, of the Institute of Superior Examination on the direct to 30 days from the day of sentencing.

2. The appeal deadline for the Institute for Inspection Jointly on a decision to suspend the suspension, decided to suspend the Court of Appeals ' s case of 7 days, of the Institute of Superior Examination is 10 days from the date of the examination of the same decision. Oh,

3. When the Court received a decision to make an appeal by the Institute of Examination that the appeal decision was so long overdue in paragraph 1 and paragraph 2 This, the Court of Appeals required the Institute for the examination of the examination by writing and stating the reason.

What? 214. Announcement of the appeal.

1. The Institute for Examination Decision decided to immediately send an appeal decision to the authorities regarding the appeal.

2. The person who was informed of the appeal had the right to send his opinion document on the appeal content to the Court of Appeal. The text of their opinion was included in the case file.

What? 215. As a consequence of the appeal, the appeal.

1. Part of the sentence, the decision of the Court of Appeals to be appealed, the appeal has not yet been issued, except for the case of the law stipulated immediately.

2. The verdict, the decision or part of the sentence, the decision of the Court of Inquisition not to be appealed, the appeal has been valid for law since the expiration of the appeal, the appeal.

What? 216. Send case files and appeals, protest.

The court of appellate courts must submit case files, appeals, appeals, and documents, evidence attached to the Court of Appeal during the 5-day period of work since the expiration of the appeal deadline and the expiration of the appeal deadline, the appeal filed for the Court of Inquisition. The receipt of receipt of appeals for the appeals court.

What? 217. Ask for a trial.

1. Shortly after receiving the case file, the appeal, the decision to appeal and the document, the evidence was accompanied, the Court of Appeals for the Court of Appeal must enter the assembly.

In the 3-day period of work since the day of the trial, the Court must inform the authorities and the Institute for the same level as the Court has granted the case and the notice on the Court of Electronic Information of the Court (if any).

2. Chief Justice of the Court of Appeal established the Court of Appeal of Appeal and assigned a judge presiding over the trial, session session.

What? 218. Change, supplement, appeal, protest.

1. The case has not expired under the prescribed appeal deadline at Article 206 of this Law the person who appealed has the right to change, the addition of the appeal without being limited by the initial scope of the appeal.

In the absence of a prescribed protest deadline at Article 213 of this Law, the Institute of Appealed has the right to change, the addition of the appeal without being limited by the initial scope of the appeal.

2. Before the start of the trial or at the appeals court, the appeal has the right to change, the addition of appeal, the Institute of Examination Decision to decide to change, add appeal, but not beyond the scope of the appeal, the initial appeal. Well, if the appeal deadline, the appeal is over.

3. Before the start of the trial or at the appeals court, the appeal has the right to withdraw the appeal, the Institute for the Examination Decision decision or the direct-level examination institute has the right to withdraw the appeal.

The Court of Appeal of the Court of Appeals criticised the appellate for the part of the case that the appeal had withdrawn from the appeal or the Institute for Withdrawal Withdrawal.

The suspension of the appellate court before opening the trial was decided by the presiding judge, at the trial of the jury.

4. The change, addition, withdrawal of appeal, appeals before opening the trial must be established in writing and sent to the Court of Appeal of Appeal. The Court of Appeal must inform the incumbent on the change, supplement, withdrawal of appeal, appeal; inform the Institute of the Examination Jointly on the changes, supplements, withdrawal of the authorities.

The change, the addition, withdrawal of appeal, the appeal at the trial must be inscribed on the court ' s editorial.

What? 219. Add new evidence

1. Before opening the trial or at the appeals court, the appeal, the Institute of Appeal of the Appeal, the person with the rights, the obligation concerning the appeal, the appeal, the defender of the right and the legitimate interests of the incumbent has the right to add new evidence.

2. The Court of Appeal appellate itself or at the request of the incumbent to verify the newly added evidence. The court may perform the confirmation trust under the provisions of Article 92 of this Law.

What? 220. The scope of the appellate trial.

The appellate court only reviewed the verdict section, the decision of the Circuit Court to have the appeal, the appeal, or whether it was related to the appeal, the appeal.

What? 221. The deadline for the trial of the appellate.

Except for the case of a reduced procedure or case of a foreign element, the statute of limitations of the appellate is prescribed as follows:

1. In the 60-day period since the date of the trial of the case, the judge is assigned as the presiding judge to one of the following decisions:

a) A temporary trial for the trial of the trial;

b) The suspension of the trial of the case;

c) Give the case to the appellate trial.

2. For the case with complex properties or objectively impediable, the Court of Appeal Court Justice may decide to extend the statute of limitations stipulated at this one Article, but not 30 days.

3. In the 30-day period since the day of the decision to take the case to trial, the Court must open the court of appeals; the case for the correct reason is 60 days.

4. The decision to bring the case to the appellate trial must be sent to the Institute of the same degree and those with regard to the appeal, the appeal.

5. The case with a decision to suspend trial for the trial of the case, the statute of limitations on the trial of the Court of Appeal, shall be recharged since the day of the decision to continue to resolve the Court's case with the law of law.

What? 222. Member of the Court of Appeals for the Court of Appeals.

The Court of Appeals for the Court of Appeal of 3 Judges, except for the specified case at 1 Article 253 of the Law.

What? 223. The presence of a member of the Court of Appeals and the Secretary trial

1. The trial is only conducted when there are enough members of the Trial Council and the Secretariat of the trial.

2. The case with a judge is absent or may not continue to take part in the trial but there is a judge who is expected to take part in the trial from the beginning that the person is replaced by the Court of absence or cannot continue to participate in the trial.

3. The case without a substitute Judge to replace the Board Member on the stipulation at paragraph 2, the trial must be postponed.

4. Case of Secretary of the Court is absent or cannot continue to participate in the trial without the replacement of the trial.

What? 224. The presence of an observer.

1. The prosecutor is checked by the Institute of the Institute on the same level as the task of participating in the trial. The jury decided to postpone the trial when the police officer was absent in the case of the emergency inspection.

2. The case of an absence of an observer or cannot continue to attend the trial, but there is an examination of the missing person in the trial from the beginning that the person is replaced by the Absent Examination of the trial.

What? 225. The presence of the incumbent, the defender of the right and the legitimate interests of the incumbent, the examiner, the translator and the witness

1. The Tribunal for the first valid, the accuser, who has the right, the obligation in relation to the appeal, the appeal, the defender of the right and their legitimate interests must be present; the case with the absenters is the Assembly adjourn the trial.

The court informed the appeal, who has the rights, the obligation in connection with the appeal, the appeal, and the defender of the right and their legitimate interests know about adjourning the trial.

2. The Tribunal for the second valid, the appeal, who has the rights, the obligation in relation to the appeal, the appeal, the defender of the right and their legitimate interests must be present at the trial, if absent not because of the unimpediability, impediability. The objective is as follows:

a) For an appeal to an appeal without a representative to the trial, it is considered to give up the appeal and the Court decides to suspend the appellate trial on the verdict, decision or section of the sentence, the Court of Appeals decision-granting of the appeal. By the absence of an appeal,

b) For the right person, the obligation concerning the appeal, the appeal, the defender of the right and the legitimate interests of the incumbent, the Court goes on trial for their absence.

3. The presence of the witness, the examiner, who interprets in the appellate trial is carried out as prescribed at the provisions 159, 160 and 161 of this Law.

4. The case of the litigwoman who has the case of a trial court absenters, the Court conducts a court of appeals for their absence.

What? 226. The Court of Appeals for the Court of Appeal did not open the trial, not the current one.

1. The Court of Appeal judges do not have to open the trial in the following cases:

a) Review of appeal, overdue appeal;

b) The specified case at paragraph 2 Article 209 of this Law; the appeal, the appeal for the portion of the charge;

c) Considering the appeal, appeals to the decisions of the Court of Appeal.

2. The specified case at 1 Article, the Board of the Trial is not required to convene, except for the case of an overdue appeal against the Regulation 2 Article 208 of the Law, or need to hear their opinions. If the man is absent, the Court will still be in session.

What? 227. Deliver the document, evidence at the Court of Appeal.

1. By the right to hand over the document supplematuation, the evidence in the period of preparation of the appellate trial in the following cases:

a) The documents, the evidence that the Court of Inquisition had requested to be delivered, but that there was no right to be delivered.

b) The documents, the evidence that the Court of Inquisition did not require that the person to be delivered or otherwise could not be found in the process of solving the case according to the preliminary procedure.

2. The procedure to hand over the document, the evidence is made as prescribed at Article 83 of this Law.

What? 228. The parole jury is suspended.

1. The Court of Appeal judges the decision to suspend the trial of the trial, the consequences of the suspended trial of the trial and continue the trial of the case executed in accordance with Article 141 and Article 142 of this Law.

2. The decision to temporarily suspend the trial of the case is valid
Right now.

3. The temporary decision must only be sent immediately to the incumbent and the Institute for the same level.

What? 229. The suspension of the jury's trial.

1. The Court of Appeal judges decided to suspend the trial of the case in the following cases:

a) The case stipulated at the point a 1 Article 143 of this Law;

b) The case returns a single appeal under the provisions of this Law that the Court of Appeal granted the case of the case;

c) The appeal to the full appeal or the Institute of Control withdrew the entire protest;

d) The appeal was convened a second time that remains.
Absent, except for the case they recommend the Court for the absence or case of an unimpediable event, the objective impede;

Other cases in which the law is regulated.

2. The case of an appeal to withdraw all appeals or the Institute for Withdrawal Of The Entire Appeal Before The Appellate Court ' s decision to take the trial of the appellate trial the judge was assigned to chair the trial of the trial decision suspension. In the case of an appeal against the full appeal, the Institute of Appeals withdrew the entire protest after the Court of Appeal decided to take the case to trial, the Court of Appeals for the Court of Appeals decided to suspend the appeal.

In these cases, the verdict, the preliminary decision to take effect on the law from the Court of Appeal, decided to suspend the trial of the appellate.

3. The case of an appeal to withdraw a part of the appeal or the Security Council withdrawing part of the appeal the Appeals Board of Appeals commented on the appeal of a partial appeal, the Institute of Control withdrew part of the appeal and decided to suspend the trial. The appeal, the appeal in the appeals court.

4. The case of a trial council suspended for the trial of appellate in accordance with Article 2 of the trial, the decision of the Court of appellate to one of the prescribed cases at 1 Article 255 of the Law must be petit. The Court has jurisdiction to review the procedure of the judge.

5. The suspension decision must be sent immediately to the incumbent and the Institute for the same level.

What? 230. The decision to apply, change, cancel the temporary emergency measure.

During the resolution of the case, the Court of Appeal granted the right to decide to apply, change, cancel the temporary emergency measure under the provisions of the Act V of this Law.

What? 231. Transfer case files to the Institute of Control

1. The Court of Appeal must transfer the case file along with the decision to take the trial of the trial to the Institute for the same level.

2. The date of the examination of the examination of the Institute for the same level is 15 days from the date of receiving the case file; at the end of that time, the Institute of Examination has to pay a case file to the Court.

What? 232. Delay the appeals court.

1. The cases have to postpone the trial:

a) The cases stipulate at paragraph 2 Articles 161, paragraph 3 and paragraph 4 Article 223, paragraph 1 Article 225 of this Law;

b) Member of the Board of Trial, Security Officer, Secretary of the Court, the translator was changed without the immediate replacement;

c) The examiner was changed;

d) Need to verify, collect additional documents, evidence that cannot be done right at the trial.

2. The case of adjourn is prescribed at paragraph 2 Articles 159 and paragraph 2 Article 160 of this Law.

3. The time of the trial adjourn and the decision to postpone the appellate trial is made in accordance with the provisions at Article 163 of this Law.

Item 2

THE PROCEDURE FOR THE APPEALS COURT

What? 233. The procedure for the trial of appellate

1. Preparing for the opening of the trial, the procedure to begin the appeals court, the procedure of publication of the document, review of the evidence at the appeals court, the resolution and sentencing, the correction, the addition of the appellate sentence performed similarly to the prescribed trial procedure. of this law.

2. After the procedure of the start of the Court of Appeal, a member of the Appeals Board of Appeals announced the case, the decision of the preliminary sentence and the appeal, the appeal.

3. The Chair is asked about the following issue:

a) Ask the starter whether to withdraw the lawsuit;

b) Ask the appeal, the Audit Officer has the changes, the addition, withdrawal of appeal, protest or not;

c) Ask if there is a consensus about solving the case or not.

4. The case of an appeal to withdraw a portion of the appeal, the Auditaber withdrew part of the protest, the Court accepted the withdrawal of the appeal, the appeal. In case of the appeal, the new examination of the new content was not part of the appeal, and the Court did not consider it.

5. The incumbent asking, the examination of the change, the addition, the appeal withdrawal, the appeal at the trial was taken as follows:

a) Ask the starter whether to withdraw the lawsuit;

b) Ask the appeal, the Examine has changed, complemated, withdraw the appeal, the protest or not.

6. The case of an appeal for an appeal, the police officer gave a statement to the examination of the inspection team's appeal against the decision of the alleged preliminary appeal.

What? 234. The starter withdrew the lawsuit before opening the trial or at the appeals court.

1. Before opening the trial or at the appeals court in which the starter withdrew the order, the Court of Appeals for the Court of Appeals must ask the defendant whether or not and depending on the case that the settlement is as follows:

a) The defendant does not agree to accept the withdrawal of the starter;

b) agreeing to accept the launch of the starter. The Court of Appeals for the Court of Appeals decided to cancel the preliminary sentence and suspend the case. In this case, it is still subject to a preliminary trial by the Court of Inquisition and is subject to one half of the legal fees prescribed by the law.

2. The case of the Court of Appeals for the Court of Appeals decision to suspend the decision of the case, the person who charges the right to resue the case by the procedure stipulated if the onset of the event remains.

What? 235. The person who was sued to modify or cancel the administrative decision, which decided to discipline the decision, decided to resolve the complaint of the decision to handle the competition, stop, rectify the defendant ' s prosecution.

1. The case of the alleged amendment, the cancellation of the administrative decision, the decision to discipline the decision, the decision to resolve the complaint of the decision to handle the competition or halt, corrects the defendant ' s administrative behavior associated with rights, meaning. The agency, the organization, the individual and the organizer agreed to withdraw the lawsuit, who has the right, the relevant obligation to have the independence request consent to withdraw the request, the Court of Appeals for the Court of Appeals, the preliminary decision, and suspension of the case; in the case. the decision of the sentence must clear the pledge of the incumbent to ensure the execution of the administrative execution.

2. The case of the alleged amendment, the cancellation of the administrative decision, the decision to discipline the decision, the decision to resolve the complaint of the decision to handle the competition or stop, corrects the defendant ' s administrative behavior that the amendment, rescinable. decision to act, to stop, to rectify that administrative behavior in relation to the right, the obligations of the agency, the organization, the other individual, and they have not been consulted at the preliminary level:

a) If the initialor is to withdraw the lawsuit and the person has the rights, the relevant obligation requires the independent request to withdraw the request, the Court of Appeals for the Court of Appeals rescinsable, the preliminary decision and suspension of the case. This case agency, the organization, the individual entitled, the obligation in connection with the amendment, the cancellation of the administrative decision, the decision to discipline the decision, decided to resolve the complaint of the decision to handle the competition or stop, rectify the behavior. It is the defendant who has the right to initiate a general case in the general procedure;

b) If the starter does not withdraw the lawsuit and the person has the rights, the relevant obligation requires an independent request not to withdraw the request, the Court of Appeals for the Court of Appeals to the Court of Appeals, which decides to examine the trial. In this case, the Court of Appeals must take the agency, the organization, the right individual, the obligation in connection with the amendment, the cancellation of the administrative decision, the decision to discipline the law forced, the decision to resolve the complaint of the decision to handle the case. Or stop, rectify the executed administrative action into the proceedings as the right person, the relevant obligation.

Section 3

A COURT OF APPEALS.

What? 236. Content and mode of litigation at the appeals court

The content and method of litigation at the appellate hearing are implemented as stipulated at Article 175 of this Law.

What? 237. Presentation of the incumbent, the Examination at the appeals court.

1. The incumbent case that still holds the appeal or the Institute of Examination still holds the appeal, the presentation at the appellate hearing is conducted as follows:

a) The defender of the legal rights and interests of the appeal presented to the appeal and the bases of the appeal. The appeal has the right to add the opinion.

In the event that all of them are appealed, the presentation is done in order to protect the legal rights and interests of the accuser of the appeal and the accuser; the defender of the right and the legitimate rights of the accused and the accused. event; the defender of the right and the legitimate interests of the person has the rights, the obligation to involve the appeal and the person with the rights, the obligations involved;

b) The case with only the Institute for the Resistant Inspection of the Appeal Examination presented the appeal and the bases of the protest. In the case of an appeal, there was an appeal for the appeal of the appeal and the bases of the previous appeal, and then the police officer presented the appeal and the bases of the protest.

c) The defender of the rights and the legitimate interests of the other incumbent is related to the appeal, the appeal presented the opinion of the appeal, the appeal. You have the right to add your opinion.

2. The incumbent case without the defender of the right and its legal interests, they present their own opinions on the content of appeal, protest and offer.

3. At the Court of Appeal, which is, in fact, an observer has the right to document the addition of the document, the evidence.

What? 238. Suspend the appeals court.

The temporary appellate of the appellate court was carried out as stipulated at Article 187 of this Law.

What? 239. Debate at the appeals court.

1. At the Court of Appeal, the incumbent, the defender of the right, and the legitimate interests of the incumbent are only debated on the issues of the appellate trial and were asked at the appeals court.

2. The sequence of speech when the argument is done is as follows:

a) The defender of the legal rights and interests of the appeal of the appeal. The appeal has the right to add opinions;

b) The defender of the right and the legitimate interests of the debate, in response. You have the right to add opinions;

And of the judgment of the judge, according to the control of the Lord.

d) When the trial is needed, the trial council may require the parties to be subject to additional debate on specific matters to the base of the resolution.

3. The debate sequence for the appeal of the checkup Institute is done as follows:

a) The defender of the legal rights and interests of the incumbent's speech on the legitimacy of the Security Council's appeal. You have the right to add opinions;

b) Check out the opinion of the issues in which the defender of the rights and the legitimate interests of the incumbent,

4. The event that there is no one who protects the right and the legitimate interests of their own, they argue.

5. The case of absence of one of the other parties and other litigates, the President of the trial must publish their testimony in order to be on that basis at the court of debate and reciprocal.

What? 240. A spokesman for the inspection at the appeals court.

After the participants expressed debate and the response was done, the prosecutor stated the examination of the examination of the examination of the law in accordance with the execution of the administrative case at the appellate stage.

Shortly after the end of the trial, the Examine must submit a statement of opinion to the Court in order to save the case file.

What? 241. The Court of Appeals for the Court of Appeals.

1. The appeal, the appeal, and the decision upheld of the preliminary sentence.

2. Edit in part or all of the preliminary sentence if the Supreme Court decides not to correct the law in the following cases:

a) The proof, the collection of evidence has been fully implemented and in accordance with the provisions at Chapter VI of this Law;

b) The proof, collecting evidence has not been fully implemented at the preliminary level but at the appellate court hearing has been fully replenled.

3. Cancel the preliminary sentence and transfer the case file to the Court of Inquisition to be executed in the case of a serious breach of the proceedings or must collect new evidence that the Court of Appeal is not immediately available.

4. Cancel the preliminary sentence and suspend the settlement of the case if in the course of the preliminary trial there is one of the specified cases at 1 Article 143 of this Law.

5. The suspension of the appellate trial, if the trial of the trial of the case is required to be present in the appeal, and they have been given a valid recall for the second time that remains absent. In this case, the preliminary sentence is legally valid.

6. The case needs to require the agency, who has the authority to review, process the prescribed administrative text at paragraph 1 Article 6 of this Law the Board has the right to suspend the trial to await the outcome of the agency ' s settlement, who has the authority and the report. The Court Chief Justice has a written request for the agency, who has the authority to review, process that administrative text. In the 30-day period since the date received the text of the Court, the authorities, who have the authority to respond in writing about the results of the trial to the Court, are known as the basis for the settlement of the case. This deadline without receiving the answer of the agency, who has the authority, the Board is entitled to apply the document of the superior state governing body to resolve the case.

7. The case of a law-finding law that is relevant to the settlement of the administrative case has a left sign with the Constitution, the law, the law that rules the law of the state office on the case, the jury recommended that the Chief Justice of the Court be addressed. It was decided that the case was made or recommended that the authorities in accordance with the Article 112 of Article 112 of the Law carried out the petition. In this case, the jury suspended the trial for the opinion of the Chief Justice of the Court or the temporary suspension of the case when there was a document written by the Chief Justice of the Court.

What? 242. Appellate.

1. The Court of Appeals for the Appeal of the Court of Appeals on behalf of the Socialist Republic of Vietnam.

2. The appellate sentence includes:

a) The opening part;

b) Part of the case, appeal, appeal, and identification;

c) Part of the decision.

3. In the opening section must specify the name of the Court of Appeals; the number and date of the trial; the number of sentences and the days of sentencing; they, the names of the Board members, the Trial Secretary, the Examination, the examiner, the translator; the name, the address of the sue, the defendant, who has the rights, the related obligations, the agency, the organization, the organization; the legal representative, the defender of the rights and their legal interests; the appeal, the Institute of Appeals Inspection; public trial or secret trial; and time and The trial venue.

4. In the content of the case, the appeal, the appeal and the identification must summarate the case of the case, the Court of Appeal decision; the appeal, the appeal.

The court must be based on the results of the litigation, the evidence was reviewed at the trial for analysis, evaluation, identification of the appeal, the appeal, the details of the case, the settlement, the trial of the Supreme Court, the legal grounds, the case (if required). have) the Court applies to accepting or not accepting appeals, appeals, and solving other issues that are relevant.

5. In part of the decision to clear the legal bases, the Council's decision on each issue must be resolved in the case, on the application of temporary emergency measures, on the case of a preliminary charge, the appellate, the cost of litigation (if any).

6. When retrial of the case in which the verdict, decided to have been partially or completely destroyed by the decision of the jury, retrial, the Court must resolve the property problem, the obligation to be enforced under the verdict, the decision to take effect on the law but be canceled.

7. The Court of Appeal has a legal effect since the day of sentencing.

What? 243. The appellate procedure on the decision of the Court of Appeals granted appeal, the appeal.

1. The Court of Appeal must hold the session and make the decision to resolve the appeal, the protest at the 15-day period since the date of the appeal, the appeal.

2. A member of the Court of Appeals for the decision to decide the decision to be appealed, the appeal to the summary of the contents of the appeal of the appeal, the appeal, the contents of the appeal, the appeal, and the document, the evidence accompanying (if any).

3. The appeal is invited to the session to present an opinion about the appeal, if absent, the Board of the Board will proceed with the session.

4. Check out the Institute of Appeals for the examination and give a statement about the resolution of the appeal, the appeal before the Court of Appeals for the Court of Appeals. The jury decided to postpone the session when the police officer was absent in the case of the emergency inspection.

5. When considering the decision of the Court of Appeals for the appeal, the appeal, the Court of Appeals for the Court of Appeal had the right:

a) Hold the decision of the Court of Inquisition;

b) Edit the decision of the Court of Appeal;

c) Cancel the decision-level Court decision and move the case file to the Circuit Court of Appeal to continue to resolve the case.

6. The appellate decision has legal effect since the decision-making date.

What? 244. Send a verdict, decide the appellate.

1. In the 30-day period since the date of the verdict, the appeal decision, the Court of Appeal must submit the sentence, the appeal decision to the incumbent, the examination institute and the Court to settle the case at the preliminary level, the Institute of the same degree, the civil execution body. The authority and authority on the direct basis of the defendant.

2. The appeal sentence is published by the Court of Appeals on the Court of Electronic Information of the Court (if any), except for the sentence of the Court containing the specified information at paragraph 2 Article 96 of this Law.

Chapter XIV.

ADDRESSING THE ADMINISTRATIVE CASE UNDER A SHORTENED PROCEDURE IN COURT

Item 1

THE RESOLUTION OF THE ADMINISTRATIVE CASE UNDER A BRIEF PROCEDURE IN THE COURT OF APPELLATE

What? 245. The scope of the procedure to remove the procedure

1. The withdrawal procedure in administrative proceedings is the procedure of resolving the administrative case when conditional on the provisions of this Law aims to shorn the time and procedure over the usual procedure of execution of the administrative case but still secure the settlement. The case is legal.

2. The Tribunal applies the provisions of this chapter, while applying the other provisions of the Law not contrary to the provisions of this Chapter to resolve the case under the shortened procedure.

3. The other case of law with a regulation of administrative complaint applies to a shortened procedure that is done under the provisions of this Law.

What? 246. Withdrawal procedure conditions

1. The case is resolved in accordance with the withdrawal procedure when there are enough of the following conditions:

a) The case has a simple, document, full-proof, clear evidence, warranties of the right to resolve the case and the Court not to collect documents, evidence;

b) All of them have the address of the residence, and the headquarters are clear;

c) There is no residency abroad, except for the current overseas agreement with the incumbent in Vietnam to recommend the Court to resolve in a shortened procedure.

2. In the process of solving the case under the shortened procedure, the Court decided to move the case to the usual procedure if belonging to one of the following cases:

a) To develop new situations that the authorities do not agree with and need to verify, collect more documentation, evidence, or need to proceed with the law;

b) It is necessary to value the asset if the authorities do not agree on the price;

c) Need to apply temporary emergency measures;

d) To give birth to the right, the obligation to be related;

The birth requirement is independent;

e) Pronounced Residing Abroad, which requires the implementation of a judicial mandate, except for the specified case at the point of one Article.

3. The case of transferring the case to a normal procedure is the deadline for the trial of the case to be recharged since the date of the decision to transfer the case to the usual procedure.

What? 247. The decision to take the case to the resolution follows the procedure.

1. In the 30-day period since the prescribed trial of the case at Article 125 of this Law, the judge is assigned to resolve the case to make the decision to take the case to resolve in a shortened procedure and open the trial in the 10-day period since. The decision is made.

2. The decision to take the case to resolve in a shortened procedure must have the following main content:

The day, the month, the year was determined;

b) The name of the Court made a decision;

c) The case was brought to resolve in the shortened procedure;

d) Name, address; fax number, email (if available) ) of the starter, who is sued, who has the rights, the duty involved;

They, the Judge, the Court clerk, the Auditabre; they, the Judge, the Reserve Officer (if any);

e) The day, the month, the year, the opening venue;

g) for a public trial or for a secret trial;

) They, the names of those who are summoned to the trial.

3. The decision to take the case to resolve in a shortened procedure must be sent to the incumbent and the Institute for the same level as the case file immediately after the decision. During the 3-day period of work since the date received the case file, the Institute of Police Research and returned the case file to the Court.

What? 248. The complaint, petition and resolution of the complaint, the petition for the decision to take the case to resolve under the withdrawal procedure

1. In a 3-day period of work since the date of the decision being decided to take the case to resolve in accordance with the withdrawal procedure of the Court, there is a right to complain, the Institute of the same authority has the right to petition with the Chief Justice of the Court.

2. In the 3-day period of work since the date of the receiving complaint, the petition for the decision to take the case to resolve under the withdrawal procedure, the Chief Justice of the Court must issue one of the following decisions:

a) Hold the decision to take the case to resolve in a reduced procedure;

b) Cancel the decision to take the case to resolve in a shortened procedure and move the case to the usual procedure.

3. The decision to resolve the complaint, the motion of the Chief Justice of the Court is the final decision and must be sent immediately to the incumbent, the Institute for the same level.

What? 249. The trial follows the procedure.

1. The trial of the execution of the administrative case in accordance with the procedure is withdrawn by a Judge.

2. The judge conducts the opening trial in accordance with regulations at
Article 169 of the Law.

3. After the opening of the trial, the judge conducts dialogue, unless the case does not conduct a prescribed dialogue at Article 135 of this Law. The case of unity was agreed upon by solving the case, and the judge set up a dialogue and decided to recognize the outcome of the dialogue as prescribed at Article 140 of the Law. The case is not consistent with each other in terms of solving the case, the judge conducts trial.

The presentation, debate, response, point of view of the settlement of the case is carried out by regulation at Section 3 Chapter XI of the Law.

4. The case at the trial for which the new condition develops at paragraph 2 Article 246 of the Law makes the case no longer eligible to apply for a withdrawal procedure, the decision to transfer the case to the settlement according to conventional procedure and procedure. The statute of limitations is calculated as prescribed in paragraph 3 Article 246 of the Law.

What? 250. The validity of the verdict, the decision to follow procedure

1. The verdict, the preliminary decision of the Court by the Withdrawal procedure, may be appealed, and appeals to the Court of Appeal to resolve the procedure in accordance with the appellate procedure.

2. The verdict, the decision in the procedure of a withdrawal procedure may be appealed under the procedure of the judge, retrial by the rule of law.

Item 2

ADDRESSING THE ADMINISTRATIVE CASE IN ACCORDANCE WITH THE WITHDRAWAL PROCEDURE IN THE APPELLATE COURT

What? 251. The appeal deadline, the appeal to the verdict, decided to follow the withdrawal procedure.

1. The appeal deadline for the verdict, the decision by the Court of Appeals for the procedure to recalculate is 7 days from the day of sentencing. When the trial was not present at the trial, the deadline for appeal from the date of the sentence, the decision was made to them or was listed.

2. The appeal deadline for the verdict, the decision by the Court of Appeals under the shortened procedure of the Institute for the Examination of the same level is 7 days, of the Direct Level Control Institute 10 days from the date of the verdict, the decision.

What? 252. The deadline for the trial of the appellate.

1. In the 30-day period since the day of the trial of the case, depending on the case, the Court of Appeal judges one of the following decisions:

a) A temporary trial for the trial of the trial;

b) The suspension of the trial of the case;

c) Give the case to the appellate trial.

2. The decision to take the case of the appellate trial must have a stipulated content at paragraph 2 Article 247 of this Law.

3. The decision to bring the case to the appellate trial must be sent to those involved with the appeal, the appeal and the Institute of Police and the same level as the case file. During the 5-day period of work since the date received the case file, the Institute of Police Research and returned the case file to the Court.

The case of the Court decided to move the case to a regular procedure under the usual procedure in paragraph 2 Article 246 of the Law, the statute of limitations is calculated as stipulated in paragraph 3 Article 246 of the Law.

4. The case with a decision to suspend trial for the trial of the case, the statute of limitations of the trial, shall be recharged since the date of the annulled decision, the decision to suspend the Court's case with the law of law.

What? 253. The appellate procedure on the verdict, the decision by the Circuit Court to address the procedure of withdrawal appealed, the appeal.

1. The trial of the act of execution under the procedure of withdrawal by a judge. In the 15-day period since the day of the decision to take the case to trial, the judge must open the court of appeals.

2. The trial is in the presence of the incumbent, the Audit Institute for the same level. In the absence of an observer, the Board of Appeals is still on trial, except for the case of the Institute of Appeals for the appeal of the appeal.

In the absence of a valid reason without legitimate reasons or for a trial absence, the judge carried out the trial.

3. The judge presents a summary of the content of the sentence, the preliminary decision being appealed, the appeal, the contents of the appeal, the appeal and the document, the evidence accompanying (if any).

4. The defender of the rights and the legitimate interests of the present, in addition to the addition of opinions on the content of the appeal, the protest, the argument, the response, the proposal of his views on the settlement of the case.

5. After the conclusion of the debate and the response, the Auditor stated the examination of the examination institute for the compliance of the law in the process of addressing the administrative case at the appellate stage.

6. When reviewing the verdict, the decision by the Court of Appeals for the appeal of appeal, the appeal, the Judge has the following rights:

a) Keep the sentence, the decision of the Court of Inquisition;

b) Edit the sentence, the decision of the Court of Inquisition;

c) Cancel the sentence, the decision of the Court of appellate and the transfer of case files to the Court of Appeal to resettle the case under a reduced procedure or under normal procedure if there is no longer sufficient procedure for withdrawal procedure;

d) Cancel the preliminary sentence and suspension of the case settlement;

Suspend the trial and maintain the preliminary sentence.

7. The verdict, the appellate decision has been in the legal effect since the day of the verdict, the decision.

Chapter XV

CHIEF JUSTICE

What? 254. The nature of the judge.

The jury was reconsidering the verdict, the Court's decision was to take effect on the law, but was appealed to the jurisdiction at Article 255 of the Law.

What? 255. Base, condition to protest by the procedure of director of judges

1. The verdict, the Court ' s decision to have the legal effect of law being appealed to the director of the jury when there is one of the following bases:

a) The conclusion in the sentence, the decision not to match the objective details of the case that caused the damage to the right, the legitimate interests of the incumbent;

b) There is a serious breach of proceedings that cause the incumbent not to exercise the right, its proceedings, leading to the right, their legitimate interests are not protected under the provisions of the law;

c) There is a mistake in the application of legislation that leads to the condemnation of the sentence, the decision not to be correct for the damage to the right, the legitimate interests of the incumbent, the public interest, the interests of the State, the right, the legitimate interests of the third.

2. Who has the authority to appeal the regulation at Article 260 of this Law against the verdict, the Court ' s decision has taken effect on law when there is one of the prescribed bases at this 1 Article and the provision of the recommended person by regulation at Article 257 and Article 258 of this Law, except for the case of aggression to public interest, the interests of the State, the right, the legitimate interests of the third person is not required to have a proposal.

What? 256. Finding the verdict, the decision has taken the legal effect of retrial by the judge ' s procedure.

1. In the 01-year period since the day of the verdict, the Court ' s decision to take effect, if found there is one of the prescribed bases at 1 Article 255 of this Law, there is the right to offer written consent with those with the authority to appeal. regulation at Article 260 of this Law to review the appeal according to the procedure of director of the judge.

2. The case of the Court, the Institute of Examination or agency, the organization, the other individual found to have one of the prescribed bases at 1 Article 255 of this Law must inform persons with the authority to appeal the regulation at Article 260 of the Law. Hey.

3. Chief Justice of the High Court of petitions with the Chief Justice of the Supreme People 's Court or Chief Justice of the Supreme People' s Court, Chief Justice of the Supreme People 's Court petit Chief Justice of the Supreme People' s Court review the appeal according to the procedure director, decision. of the Court has taken effect on the law if there is one of the specified bases at 1 Article 255 of this Law.

What? 257. The petition considers the verdict, the Court 's decision to have the law effect according to the judge' s procedure.

1. The proposed application must have the following main content:

a) The day, the month, the year of the offering;

b) Name, address of the proposition;

c) The name of the verdict, the Court 's decision to have the legal effect recommended to consider according to the judge' s procedure;

d) The reason and the proposed base, the request of the offering;

The suggestion is that the individual must sign or point out; the offer is the agency, the organization's legal representative, the organization must sign the name and stamp the final part. In the event of the organization, the use of the seal is carried out by the rules of the business law.

2. The offer must submit an application with the sentence, the Court ' s decision has been in effect law; the document, the evidence (if any) to prove his demands is based.

3. The petition and document, the evidence is sent to the person with the authority to appeal under the procedure of the jurisdiction of the jurisdiction at Article 260 of this Law.

What? 258. The procedure received and reviewed the offer, the announcement, the petition to review the verdict, the Court ' s decision had the legal effect under the procedure director procedure.

1. The Court, the Chartered Institute of Examination of the request to be filed directly in the Court, the Institute for the examination or sent through the postal service and must write to the application register, the certificate level received the application for the incumbent. The date of the filing is calculated from the date of the filing of the application in the Court, the Institute of Examination or the date of the sign of the postal service organization where sent.

The case received notice, the petition of the agency, the organization, the individual stipulated at paragraph 2 and paragraph 3 of Article 256 of the Law, the Court, the Institute of Examination, must enter into a reasonable book.

2. The Court, the Single Receptor Examination Institute offers when there is sufficient content and document accompanying the regulation at Article 257 of this Law. The court, the Institute of Examination may require that the addition of single and document content in the case is incomplete. In the absence of an additional requirement, the Court, the text for the inspection of the message, returns the petition to the authorities and notes it in the application book.

3. The person with the authority to protest under the procedure of the director of the public judge is responsible for conducting a single study, notification, petition, case file, and reports of persons with the authority to appeal the review, the decision. The non-appeal case is written in writing for the incumbent, the agency, the organization, the individual with the announcement text, the petition.

The Supreme Court of the Supreme Court of the Supreme Court of the Supreme People's Court, the Supreme People's Institute of Human Examination of the Supreme People's Examination Institute of the Supreme People's Medical Research Institute, notified, informed, petit, case records, and the Chief Justice of the Court. the supreme people, the Supreme People's Institute for the Supreme People's Control, decide to appeal. In the absence of an appeal, the Chief Justice of the Supreme People's Court, the Institute of Ministers of the Supreme People's Office of the Supreme People, or the Commissioner for the Supreme Court of the People's Court, and the Supreme People's Court, the Supreme People's Office of the Supreme People's Office of the Supreme Court, The official, the organization, the text message, the petition.

What? 259. Supplemally, verified the document, evidence in the procedure director procedure

1. At the right to provide a document, evidence for the Court, the Institute of Appeals has the authority to review the procedure of the judge, if the documents, the evidence, have not been granted by the Court of Appeal, the Court of Appeal required that it be delivered or requested by the Court of Appeal. It was delivered, but it was not delivered because there was a good reason or the documents, the evidence that it was impossible to know in the process of solving the case.

2. In the process of addressing the application of the judge, the Court, the Institute of Examination has the right to ask the person with the addition of the document, evidence or self-examination, verify the document, the evidence required.

What? 260. You have the authority to appeal to the procedure of the judge.

1. Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People 's Scrutiny Of Appeals under the procedure of director of the jury, decided to have the legal effect of the High School People' s Court; the sentences, the decision to have legal effect. of the other Court when the trial is needed, except for the decision of the Supreme People ' s Court of Judges.

2. Chief Justice of the Supreme People 's Court, the Institute of High-Level People' s Supervision Institute has the authority to appeal in accordance with the procedure of director of the sentence, the decision has taken effect on the law of the Provincial Court, the District Court is subordinate to the jurisdiction over the territory.

What? 261. Postpone, the suspension of the sentence, decided to have the legal effect.

1. The person with the authority to appeal the verdict, the decision to have the Court ' s legal effect has a right to postpone the execution of the sentence, decided to consider the appeal under the director of the jury. The delay is no more than 3 months.

For the decision on the civil rights section of the verdict, the Court's administrative decision, the authority of the Court of Appeal, has the right to ask for a civil court to postpone the execution by law on the law enforcement of the civil court.

2. The person who appealed to the procedure of the director of the jury, decided to have the legal effect of having the right to decide on the execution of the execution, that decision until the decision was made to oversee the jury.

What? 262. The decision to appeal to the director of the judge

The decision to appeal the director of the judge must have the following main content:

1. Number, date, month, year of the protest decision;

2. The position of the decision-making decision;

3. Number, date, month, year of the sentence, the decision has been in effect of the proposed legislation;

4. The decision part of the verdict, the decision to have the law effect appealed;

5. Remarks, the analysis of the violations, the mistake of the verdict, the decision to have the law of law being appealed;

6. The law base to decide the appeal;

7. The decision to protest in part or the entire sentence, the decision has been in effect of the law;

8. The name of the Court has the jurisdiction of the director of that case;

9. The offer of the protesters.

What? 263. The deadline for appeal according to the judge ' s procedure

1. The person with the authority to appeal under the procedure of director of the appeal is entitled to appeal in the 03-year period since the day of the verdict, the Court ' s decision to take effect.

2. The deadline for the civil resolution in the sentence, the administrative decision of the Court is made in accordance with the rule of law on civil proceedings.

What? 264. Send a decision to appeal to the judge.

1. The decision to protest the director of the judge must be sent immediately to the Court which has published the verdict, the decision to have the proposed legal effect, the incumbent, the competent civil court execs, and others with the rights, the obligation concerning the content. No, no

2. The High Court of Justice of the Supreme People 's Court or the Chief Justice of the Supreme People' s Court, the decision to appeal the same case file must be sent immediately to the Institute for the same level. In the 15-day period since the date of receiving the case of the case of the investigation of the research and transfer of case files to the Court with the jurisdiction of the judge.

3. The case of the Supreme People 's Examination Institute or the Supreme People' s Institute for Emergency Inspection, the decision to appeal must be sent immediately to the Court with the jurisdiction of the judge.

4. The Supreme Court of the Supreme Court of the Supreme Court of Appeals, the decision has taken effect on the law of the other Court as stipulated at a Article 260 of the Law, which has the right to hand over the High Court of the People to the Supreme Court in accordance with the procedure of the judge.

What? 265. Change, supplement, withdrawal

1. The person who has appealed to the director of the jurisdiction has the right to change, to add the decision to appeal, if not the statute of limitations stipulated at Article 263 of this Law.

2. Before opening the trial or at the trial, the protesters had the right to withdraw the protest. The withdrawal of the appeal before the opening of the trial must be established in writing and to be submitted as specified in Article 264 of this Law. The withdrawal of the appeal at the trial must be written to the hearing of the trial and the Board of Judges to decide the decision to suspend the jury.

What? 266. Judge Judge.

1. The committee of the Supreme Court of the People's High Court of Justice, decided to have the legal effect of the Provincial Court, the District Court within the scope of the jurisdiction under the proposed territory is as follows:

a) Committee of the High Court of the People's Court for the jury of the jury of 3 judges to the verdict, the decision of the Provincial Court, the District Court of the District Court, the law of the district to be valid under the jurisdiction of the judge;

b) The entire committee of the High Court of the People's Court judges judges on the verdict, the decision of the Court to take effect on the law of law stipulated at the point of one Article, but whether it is complex or sentence, the decision was made by the Court Justice Committee. The senior people judge the jury by the jury of the three judges, including the Three Judges, but failed to achieve unity when voting through the decision to resolve the case.

2. The Supreme Court of the People 's Court of Appeals for the Supreme Court of Justice, the decision to have the legal effect of the high-level People' s Court are appealed as follows:

a) The Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court shall be sentenced to 5 Judges to the verdict, the decision of the Supreme People's Court to be appealed by the procedure of the judge;

b) The entire Supreme Court of the Supreme Court of the Supreme Court judge judges on the verdict, the decision to take effect on the law stipulated at this a point but with complex nature or conviction, the decision was made by the Supreme Court Justice Council. Judge on the trial of the jury of 5 judges, but failed to achieve unity when it was decided on the decision to resolve the case.

3. Complex cases stipulated at point b 1 and point b paragraph 2 This is the cases belonging to one of the following cases:

a) The regulation of the law on the issue of resolution to resolve in the case is not clear, yet not instructed to apply united;

b) The assessment of the evidence, applying the law has many different opinions;

c) The settlement of the case concerning public interest, the interests of the State, the protection of human rights, citizenship is particularly concerned by society.

4. Chief Justice of the Supreme People ' s Court review, decides the organization of the jury trial in the prescribed cases at 1 Article. The Chief Justice of the Supreme People's Court review, decided to hold the jury trial in the cases stipulated in paragraph 2 of this.

5. The case of the sentences, the decision to have the legal effect on the same administrative case with the authority of the High Court of the High Court and the Supreme People's Court, the Supreme People's Court has the authority to oversee the case.

What? 267. The participants of the jury trial.

1. The hearing of the jury must have the participation of the Institute of the same level.

2. When the trial is needed, the Tribunal for the incumbent, the legal representative, the defender of the right and the legitimate interest of the incumbent, the other litigwoman is involved in the appeal of the jury's trial. In case they were absent at the trial, the jury's trial was carried out.

What? 268. The extension of the jury trial

In the 60-day period since the date received an appeal accompanied by the case file, the Court has the jurisdiction of the judge to open the trial.

What? 269. Prepare the jury trial.

The Chief Justice of the Court assigned a Judge as a presentation on the case at the trial. The summary presentation of the case and the sentences, the decisions of the courts, the contents of the appeal. The presentation must be submitted to members of the jury's review of the slog as of 7 days prior to the opening of the trial of the jury.

What? 270. Chief Judge of the jury

1. After presiding over the trial, a member of the Board of Appeals for the jury expressed summary of the case, the trial of the case, the decision of the verdict, the Court ' s decision to have the legal effect appealed, the bases, the identification of the court. of the appeal and the motion of the protesters. In the case of the emergency inspection, the Chamber of Deputies presented the appeal for the appeal of the appeal.

2. At the same time, the legal representative, the defender of the right and the legitimate interests of the incumbent, the other litigants are summoned by the Court to the hearing of the jury that presents opinions on the matters that the Council judges the jury. In case they were absent but with an opinion presentation, the Board of Appeals for the Board of Judges announced their opinions.

3. Representative of the Institute of Police to comment on the decision to appeal and the settlement of the case.

Shortly after the end of the trial, the Examine must submit a statement of opinion to the Court in order to save the case file.

4. Members of the Board of Appeals for the jury of judges express opinions and discussions. The jury's review of the jury, which was to vote on the resolution and the publication of the decision to resolve the case at the trial. The resolution must be carried out in accordance with the principles of regulation at Article 191 of this Law.

5. Committee of the Supreme Court of the People's Court of Justice as prescribed at the point a 1 Article 266 of the Law, the Council's decision must be approved by all members of the Assembly.

The trial case stipulated at the point b 1 Article 266 of this Law the trial of the plenum of the High Court Justice Committee must have at least two-thirds of the total participation; the decision of the Committee of Judges must be too half. The total number of voting members.

6. The Supreme Court of Appeals for the Supreme Court of the Supreme Court is determined by a paragraph of 2 Article 266 of the Law, the decision of the Board must be approved by all members of the Assembly.

The trial case stipulated at the point b 2 Article 266 of the Law, the trial of the plenum of the Supreme Court Justice Council must have at least two-thirds of the total number of participants; the decision of the Council of Judges must be too. Half the total number of voting members.

What? 271. The scope of the jury.

1. The jury ' s jury review considers the decision part of the verdict, deciding whether or not the law to be impedied or involved in consideration of the appeal of the appeal.

2. The jury review committee has the right to review the decision part of the verdict, the decision to have the law effect unimpedied or not relevant to the appeal content, if the decision section violated the public interest, the benefit of the White House. the water, the right, the legitimate interests of the third person is not the same person in the case.

What? 272. Jurisdiction of the Board of Judges

1. Do not accept the appeal and hold the sentence, the decision has taken effect on the law.

2. Cancel the verdict, the decision to have the legal effect of the law being appealed and upheld the sentence, the correct decision by the lower court court has been cancelled or repaired.

3. Abort the verdict, the decision was to have the legal effect of being appealed for a preliminary trial or appellate.

4. Cancel the verdict, the Court ' s decision to resolve the case and suspend the settlement of the case.

5. Edit part or all of the sentence, the Court ' s decision has taken effect on the law.

What? 273. Canceling the verdict, the decision to have the legal effect of being appealed and upheld the sentence, the correct decision by the lower court was cancelled or repaired.

The jury jury decided to cancel the verdict, decided to have the legal effect of being appealed and upheld, the court's decision under the trial of the law, but was condemned, decided to have the legal effect of being appealed. abort, partial or complete modification.

In the case of the sentence, the decision of the Court was partially or fully executed, and the Board of Appeals for the Board of Judges had to address the outcome of the execution.

What? 274. Cancelking the verdict, the decision was to have the legal effect of being appealed for a retrial or retrial of the appellate.

The jury panel judges decided to cancel the verdict, which decided to have the legal effect of being appealed for a retrial or retrial in the following cases:

1. The collection of evidence and proof that has not yet performed adequately or is not correct at Chapter VI of this Law;

2. The conclusion in the verdict, the decision not to match the objective details of the case or have a serious mistake in the application of the law;

3. The composition of the trial of the preliminary trial or appellate of the Law is not correct by the law or have other serious violations of the proceedings.

What? 275. Revoking the verdict, the Court ' s decision resolved the case and suspended the settlement of the case.

The jury panel judges decided to cancel the verdict, the Court ' s decision to settle the case and suspend the settlement of the case, if during the trial of the preliminary trial, the appellate trial had one of the prescribed cases at 1 Article 143 of the Law. Hey. The court granted the judge to file a case file for the Court for a preliminary trial to return a lawsuit against the same document, evidence attached to the starter, if required.

In the case of the sentence, the decision of the Court was partially or fully executed, and the Board of Appeals for the Board of Judges had to address the outcome of the execution.

What? 276. Partially correct or all of the sentence, the Court ' s decision has legal effect.

1. The jury review committee decides to amend part or the entire sentence, the Court ' s decision has taken effect on the law when there is enough of the following conditions:

a) The document, the evidence in the case file was full, clearly; there was enough base to clarify the facts in the case;

b) The revision of the sentence, the decision to be appealed does not affect the rights, the obligations of the agency, the organization, the other individual.

2. The case of the sentence, the decision of the Court to enforce a partial or whole, the Board of Judges shall address the consequences of the execution of the execution.

What? 277. Director of the jury

1. The jury's review of the jury decides the Director of the National Socialist Republic of Vietnam.

2. The director of the judge must have the following content:

a) The day, month, year, and the opening of the trial;

b) They, the names of members of the Board of Judges. The case of the jury's trial is the Committee of the Supreme Court of the People's Court, or the Supreme Court of the People's Court, which records them, the name, the office of the presiding officer and the number of members of the trial.

c) They, the name of the Secretary of the Court,

) The name of the case, which the council gave to the director of the judge,

The name, the address of the matter in the case;

e) Summary of the case, the decision part of the verdict, the decision to have the legal effect of being appealed;

g) the decision to appeal, the reason for the appeal;

h) The approval of the Board of Judges in which the jury must be analyzed to accept or not accept the appeal; the argument of the Board of Appeals for the Court of Justice to issue and be resolved in the case (if any);

i) The point, the sum, the terms of the Law of Litigation, which the Board of the Board of judges judges, shall be made to decide;

) The decision of the Board of Judges.

3. The decision of the Board of Judges of the Supreme Court of the Supreme Court of Justice needs to be argued to clarify the rule of law that has different ways of understanding; analysis, interpretation of problems, legal events and pointing out the cause, the path. handle, the rule of law needs to apply (if any).

What? 278. The validity of decision-director decision

The decision to be the director of the jury has been effective since the day of the jury's review of the decision.

What? 279. Send a decision to the director.

During the 5-day period of work since the decision's decision, the Board of Appeals for the Board of Judges must submit the decision to the director of the judges, the organization, the following individual:

1.

2. The court out of the sentence, the decision to have the legal effect of being appealed, was canceled, repaired;

3. The Institute of the Same Level and the Institute for the examination have the authority to examine the execution of the execs;

4. Civil execs with jurisdiction;

5. The person on the direct basis of the defendant.

6. The decision to be the director of the jury is questioned by the Court of Appeals on the Court of Appeal of the Court (if any), except for the decision of the Court to contain the specified information at paragraph 2 Article 96 of this Law.

Chapter Sixteenth

RETRIAL PROCEDURE

What? 280. The nature of retrial

Retrial was retrial, the decision was made legally effective, but it was appealed because there were newly discovered circumstances that could alter the basis of the sentence, the court, which was not known when the Court came out, decided it was decided. Yeah.

What? 281. The base to appeal to a retrial procedure.

The verdict, the Court ' s decision to have the legal effect of law being appealed in accordance with the retrial procedure when there is one of the following bases:

1. newly discovered the critical condition of the case in which the Court, which was unknowable in the process of solving the case;

2. There is a basis that proves the judge 's conclusions, the translator' s translation is not true or have a fake impersonation;

3. Judge, People ' s Jury, Examine intentionally misconfigures the case file or intentionally conclude the law;

4. The verdict, the decision of the Court or the decision of the state agency to which the Court of Base goes in to address the case has been cancelled.

What? 282. Inform and verify the newly discovered new circumstances.

1. Contemporary or agency, the organization, the other person when the discovery of new details of the case is entitled to a written authority with the authority to appeal the regulation at Article 283 of the Law to review the appeal in accordance with the procedure of retrial.

2. The case of the discovery of new details of the case, the Institute of Examination, the Court must inform the person with the authority to appeal the regulation at Article 283 of this Law.

3. The case of the new situation of the case, the Chief Justice of the Provincial Court of petitions with the Chief Justice of the Supreme People 's Court or with the Chief Justice of the Supreme People' s Court, Chief Justice of the High Court of Petition with Chief Justice of the Supreme People ' s Court for review. -No, no, no, no, no.

What? 283. You have the authority to appeal to the procedure.

1. Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People 's Jurisdiction Examination of Appeals under the procedure of retrial proceedings, decided to have the legal effect of the High School People' s Court; the verdict, decided to have the Court ' s legal effect. Otherwise, the decision of the Supreme Court of the People's Court of Supreme Court.

2. Chief Justice of the Supreme People 's Court, the Institute of High-Level People' s Institute for the High Court of Appeals under the procedure of retrial procedure, the decision has taken effect on the law of the Provincial Court, the District Court within the scope of jurisdiction over the territory.

3. The person who appealed the verdict, decided to have the legal effect that had the power to decide on the execution of the execution, decided it until a retrial decision.

What? 284. Recurve appeal deadline

The procedure for the procedure of a recurrenal procedure is 1 year from the date of the authority of the appeal known to be grounded in accordance with the procedure of reappraisal in Article 281 of this Law.

What? 285. The jurisdiction of the Retrial Council.

1. Do not accept the appeal and hold the sentence, the decision has taken effect on the law.

2. Cancel the verdict, the decision has taken effect on the law to review the procedure in accordance with the procedure prescribed by the Law.

3. Abort the verdict, the Court ' s decision on trial and suspension of the case resolved the case.

What? 286. Apply the rules of the procedure director procedure

Other regulations on jurisdiction, retrial procedures are implemented as regulations on the procedure of managing judges under the rule of law.

Chapter Seventeenth

THE SPECIAL PROCEDURE REVIEWED THE DECISION OF THE COUNCIL OF THE SUPREME PEOPLE ' S COURT JUDGES.

What? 287. The request, the petition, recommended to reconsider the decision of the Supreme People ' s Court Justice Council.

1. The decision of the Supreme Court of the People ' s Court of High Court when there is a determined base that has a serious legal breach or the discovery of new critical condition that could alter the basic content of the decision that the Supreme Court Justice Council, It is not known if the decision is made to be considered if one of the following cases:

a) At the request of the Standing Committee of the National Assembly;

b) By the petition of the Judiciary Committee of the National Assembly;

c) At the initiative of the Institute of Ministers of the Supreme People's Examination;

d) At the request of the Chief Justice of the Supreme People ' s Court.

2. The case with the request of the Standing Committee of the National Assembly, the Chief Justice of the Supreme People 's Court is responsible for reporting the Supreme People' s Court of Appeals to review the decision of the Supreme Court Justice Council.

3. The case with the petition of the Judiciary Committee of the National Assembly, the petition of the Supreme People 's Institute for the Supreme People' s Court or recommended by the Supreme People ' s Court to detect violations, new critical circumstances the Chief Justice of the Supreme Court can be found. the responsibility for reporting the Supreme Court of the Supreme Court to review the petition, the offer.

The case unanimously with the petition of the Judiciary Committee of the National Assembly, the petition of the Supreme People 's Institute for the Supreme People' s examination or the recommended of the Supreme People 's Court, the Supreme People' s Court of Appeals decided to hand the Court Chief Justice. The Supreme People ' s Office of the Supreme Court, reported the Supreme Court of the People's Court, decided. The High Court of the Supreme Court of the Supreme Court was not unanimous to the petition, suggesting that it should be written in writing and stating the reasons.

4. Session of the Supreme Court of the People ' s Court of Appeals review the petition, recommended stipulation at paragraph 3 This must be attended by the Institute of Ministers of the Supreme People.

What? 288. Send text, case file, notice regarding the procedure to review the decision of the Supreme Court of the People ' s Court of the Supreme Court.

After receiving the request of the Standing Committee of the National Assembly, the petition of the Judiciary Committee of the National Assembly or after the Chief Justice of the Supreme People 's Court has the written offer to reconsider the decision by the Supreme People' s Court of Justice in accordance with the regulations. A Article 287 of this law, the Supreme Court of the People, sent to the Supreme People's Office of the Supreme People's copy of the request, the petition, or the offer, accompanied by a case file to the Supreme People's Service to examine and prepare a speech at the session. review of the petition, recommended by regulation at Article 291 of this Law. In the 15-day period since the date of the receiving of the case file, the Supreme People 's Institute of Human Examination has to return a case file to the Supreme People' s Court.

What? 289. The session opening session and the opening announcement session review, the offer.

1. In the 30-day period since the date of receiving the petition of the Judicial Committee of the National Assembly, the petition of the Institute of Ministers of the Supreme People 's examination of the Supreme People' s or since the Supreme Court of the Supreme Court has the recommended text, the People ' s Court Judge. The Supreme Court of the Supreme Court, recommended by the Chief Justice of the Supreme Court, recommended by the Chief Justice of the Supreme Court, or recommended by the Chief Justice of the Supreme Court in accordance with Article 287 of the Law.

2. The Supreme People 's Court announced in writing to the Supreme People' s Institute for the Supreme People ' s examination of the session to open the session to review the petition, offering provisions at paragraph 3 Article 287 of the Law.

What? 290. The component attends the session of the Supreme People ' s Court of Judges to review the petition, the offer.

1. The Supreme People 's Institute for the Supreme People' s Institute attends the session of the Supreme People 's Court of Appeals to review the petition of the Judiciary Committee of the National Assembly, the petition of the Supreme People' s Institute for the Supreme People ' s examination or the motion of the Chief Justice of the Court. The Supreme People of the United States are under the provisions of Article 4 of Article 287 of this Law.

2. Representative of the Judicial Committee of the National Assembly is invited to attend the session of the Supreme People ' s Court of Judges to review the petition of the Judiciary Committee of the National Assembly.

What? 291. The sequence conducts the session of the Supreme People ' s Court of Appeals to review the petition, the offer.

1. The Chief Justice of the Supreme People 's Court of the Supreme Court himself or assigned a member of the Supreme People' s Court to present the summary of the case and the process of solving the case.

2. Representative of the Judiciary Committee of the National Assembly, the Supreme People 's Office of the Supreme People' s Court of Appeals, the Supreme Court of the People 's Court, recommended to reconsider the decision of the Supreme Court of the People' s Court to present the following issues:

a) Content, the base of the petition, the offer;

b) The analysis of the details of the case, the former evidence and the additional new evidence (if any) to clarify the serious violation of the law in the decision of the Supreme Court of the People ' s Court of Supreme Court or have a new critical condition that could change the case. The basic basis for the Supreme Court of the Supreme Court.

3. The case of reviewing the petition of the Judicial Committee of the National Assembly or consideration of the motion of the Chief Justice of the Supreme People of the Supreme Court, the Supreme People's Institute of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's Office of the Supreme People's

The statement of the Institute of Ministers of the Supreme People 's Examination Institute must be shown in writing, signed by the Supreme People' s Institute for the Supreme People 's Control and must be sent to the Supreme People' s Court for a period of 5 working days since the end of the session. meeting.

4. The Supreme Court of the People's Court of Appeals for the Supreme Court of the Supreme Court deliberated and expressed in a majority of unanimous or ununanimous vote with the petition, offering a review of the decision of the Supreme Court of the People's Court.

5. The unanimous case of the petition of the Judiciary Committee of the National Assembly, the petition of the Supreme People 's Institute for the Supreme People' s Court, or the Supreme People 's Court' s proposal, the Supreme People ' s Court of Appeal decided to open the session to ... Reviewing the decision of the Supreme Court of the People's Court of Judges, at the same time assigned to the Chief Justice of the Supreme People's Court of the Supreme Court of the Court of Justice of the Supreme Court of the People's Court reviewed, decided at the review session. of the Supreme Court Justice Council.

6. The case is not unanimous, recommended that the Supreme Court Justice Council must inform the body, the individual stipulated at Article 292 of the Law, and specify the reason.

7. Every action at the session review of the petition, the offer and the decisions passed at the session must be written to the session editor and file filing review of the petition, the offer.

What? 292. Announcing the results of the session review review, the offer to review the decision of the Supreme People ' s Court Justice Council.

During the 5-day period of work since the end of the session review session, the proposal to review the decision of the Supreme People 's Court of Appeals, the Supreme People' s Court of Appeals sent to the Institute of Supreme People ' s Examination Institute, said. The Judicial Committee of the National Assembly announced that the Assembly of the Supreme Court of the People's Court unanimously or not unanimously to the petition, recomming to reconsider the decision of the Supreme Court of the People's Court.

What? 293. Case research organization.

1. The case with the request of the Standing Committee of the National Assembly or of the decision of the Supreme Court of the People 's Court under the stipulation at paragraph 5 Article 291 of this Law then Chief Justice of the Supreme People' s Court organizes the study of case records, verification, Collecting documents, evidence in the case of necessity.

2. The study of the case record, verification, document collection, evidence to clarify whether or not there is a serious or serious law violation may alter the basic basis of the decision of the Supreme Court of the Supreme Court.

What? 294. Open the session to review the decision of the Supreme People ' s Court Judge.

1. In the 4-month period from the date of receiving the request of the Standing Committee of the National Assembly under the regulation at paragraph 2 Article 287 of the Law, or since the date of the decision of the Supreme Court Justice of the Supreme Court under the regulation at paragraph 5 Article 291 of the Law. This, the Supreme Court Justice Council, must open the session with the participation of the plenum of the Supreme People ' s Court to review the decision of the Supreme Court Justice Council.

2. The Supreme People 's Court sent to the Supreme People' s Examination Of the Supreme People ' s Office for the opening of the session to review the decision of the Supreme Court Justice Council to accompany the case file. In the 15-day period since the date of the receiving of the case file, the Supreme People 's Institute of Human Examination has to return a case file to the Supreme People' s Court.

What? 295. The Supreme People 's Institute for the Supreme People' s Institute attended the session reviewing the decision of the Supreme People ' s Court Judge.

1. The Supreme People 's Institute for the Supreme People' s Institute must attend the session review of the decision of the Supreme Court of the People ' s Court by regulation at paragraph 4 Article 287 of this Law and the opinion of whether or not there is a violation of the law. Serious or critical condition changes the decision content of the Supreme Court Justice Council, and the decision to resolve the case.

2. The statement by the Institute of Ministers of the Supreme People 's Examination Institute must be shown in writing, signed by the Supreme Court of the Supreme People' s Institute and must be sent to the Supreme People ' s Court for a period of 5 working days since the end of the session. meeting.

What? 296. The authority reviewed the decision of the Supreme People ' s Court Justice Council.

1. After hearing the Chief Justice of the Supreme People 's Court report, hearing the opinions of the Supreme People' s Office of the Supreme People, of the agency, the organization, the relevant individual invited to attend (if any), the Supreme Court Justice Council decides to cancel the decision. The Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Court of Justice of the Supreme Court of the Supreme Court of the Supreme Court of the Court of Justice. The lower level has a serious legal breach or the new critical condition that changes the basic content of the sentence, the decision, and depending on the case. decision to be as follows:

a) I demand to sue, if that request does not have a legal basis;

b) Accept of a portion or all of the request for the initiation, partial destruction or whole law of the law; force the state authority or the competent person in the state authority to carry out the mandate, the service under the rule of law;

c) Accept of a portion or entire request of the initiation, the declaration of administrative action is the law of the law; forcing the state authority or the competent person in the state authority to end the law of illegal acts;

d) Accept of the request of the launch, the declaration of a disciplinary decision forced to cease the law of law; and to force the head of the body, the organization to carry out the duties, the work under the rule of law;

) Accepting part or all of the request for the prosecution, partial destruction or the entire decision to resolve the complaint of the decision to handle the legal legal competition; forcing the agency, who has the authority to decide to resolve the complaint of the decision. try to handle the competitive case resolving the case in accordance with the Law of Competition;

e) Identilocate compensation for the prescribed cases at points b, c, d and clause 1 Article, which forces the agency, the organization of damages, the restoration of the right, the legitimate interests of the organization, the individual, public interest, the interests of the State, the right, the legitimate interests of the third person are violated due to administrative decisions, administrative actions, the decision of the discipline to be forced, the decision to deal with the illegal competition of law; determining the responsibility for the damages of the Court of the People. The supreme court with a decision to violate a serious law is cancelled due to an unintended or intentional error and inflict damage to the person or determine the responsibility of the jury. value of the property according to the rule of law;

g) The petition to the state authority has jurisdiction, the head of the state agency has the authority to consider the responsibility of the state agency, who has the authority of the state authority in the case of intentionally violating the law, causing serious consequences for the agency. Officials, organizations, individuals.

2. The decision of the Supreme Court Justice Council must be at least three-quarters of the total membership of the Supreme People ' s Court of Judges voting for approval.

What? 297. Announcing the results of the session of the Supreme People 's Court of the People' s Court reviewed the decision of the Supreme People ' s Court justices.

In the 30-day period since the day of the Supreme Court of the People's Court, the decision stipulated at 1 Article 296 of the Law, the Supreme People's Court sent a decision to the Standing Committee of the National Assembly, the Judicial Committee of the National Assembly, the National Assembly. The Supreme People, the Court settled the case and the officers.

Chapter XVIII

THE PROCEDURE OF SOLVING THE ADMINISTRATIVE CASE HAS A FOREIGN ELEMENT

What? 298. Apply Principles

1. This chapter rules the procedure of solving the administrative case with foreign elements. The case in this Chapter has no regulation to be applied to the relevant other regulations of this Law to resolve.

2. The administrative case with a foreign element is the administrative case belonging to one of the following cases:

a) There is a contemporary, agency, foreign organization, branch, representative office of the agency, foreign organization, international organization, representative agency of the international organization in Vietnam;

b) It is the citizens of Vietnam who reside abroad;

c) The establishment, change, or termination of such administrative laws occur abroad;

d) to be related to overseas property.

What? 299. Rights, the proceedings of the agency, the organization, the foreign individual, the branch, the representative office of the agency, the foreign organization, the international organization, the international organization ' s representative body in Vietnam.

1. Foreign, agency, foreign organization, branch, representative office of the agency, foreign organization, international organization, the international organization ' s representative body in Vietnam has the right to sue for the Vietnam Court to ask for a review of the decision to do so. It ' s administrative, administrative behavior, when it comes to decision-making, that behavior is the law and the breach to the right and its legitimate interests.

2. When joining the executive, agency, organization, foreign individual, branch, representative office of the agency, foreign organization, international organization, the international organization ' s representative body in Vietnam has the right, litigation obligations such as citizens, agencies, agencies, and more. Vietnam.

3. The State of Vietnam may apply the principle of having a return to limit the respective administrative proceedings of foreigners, agencies, foreign organizations, branches, representative offices of the agency, the foreign organization, the representative body of the country ' s national organization. In Vietnam, the Court of Vietnam has restricted executive powers to Vietnamese citizens, agencies, Vietnamese institutions, branches, representative offices of the agency, Vietnamese institutions abroad.

What? 300. The law of law enforcement and the ability to act on the administrative laws of foreigners.

1. The administrative competence of the administrative law and the competence of the administrative proceedings of the foreigners is defined as follows:

a) Under the laws of the country that foreigners have nationality. The case of foreigners is a non-nationality, according to the law of the country where the person resides. If the non-nationality resident in Vietnam is in Vietnamese law;

b) Under the laws of the country where foreigners have citizenship and reside in one of the countries where they have citizenship if they have many foreign nationals.

The case of foreigners with many nationalities and countries residing in the country without the nationality of the country is in accordance with the laws of the country where foreigners have the longest nationality;

c) Under the law of Vietnam if foreigners have multiple nationalities and one of those nationalities is either the nationality of Vietnam or foreigners with a permanent or temporary card in Vietnam.

2. Foreign persons may be recognized as being able to conduct administrative proceedings at the Vietnam Court, if the provisions of foreign law then they do not have the capacity to conduct administrative proceedings, but as prescribed by the Vietnamese law they may be able to do so. It's the power to act on administrative proceedings.

What? 301. The law enforcement of the agency, foreign organization, branch, representative office of the agency, foreign organization, international organization, the international organization's representative body in Vietnam.

1. The body of law enforcement of the agency, the foreign organization defined by law of the country where the agency, the organization was established.

The administrative law of the branch, the representative office of the agency, the foreign organization in Vietnam is determined by the Vietnamese law.

2. The international law enforcement of the international organization, the representative body of the international organization identified on the basis of an international convention, is the base for the establishment of that organization, the functioning of the international organization or the international treaty that the Socialist Republic of the United States. It ' s Vietnamese and it ' s the international organization that ' s the same member.

The International Organization for the Organization of International Organization declares the renal rights of preferentitability, immunity, and the administrative law of the international law that is determined by the provisions of the Vietnamese law.

What? 302. Defending the legal rights and interests of the incumbent are foreign, agency, foreign organization, branch, representative office of the agency, foreign organization, international organization, the representative body of the international organization in Vietnam.

In addition to foreign, agency, foreign organization, branch, representative office of the agency, foreign organization, international organization, the international organization ' s representative body in Vietnam to the proceedings at the Vietnam Court has the right to protect the defense attorney. the legal rights and benefits to the rule of the law of Vietnam.

What? 303. The method of extortion, the court ' s notification of proceedings for the incumbent abroad.

1. The Court performs the extortion, which announces the proceedings of the Court in accordance with one of the following methods:

a) In accordance with the method prescribed at the international convention that the Socialist Republic of Vietnam is a member;

b) According to diplomacy in the country where that country and the Socialist Republic of Vietnam are not yet a member of the international treaty;

c) According to the postal service route to the address of the incumbent residing abroad with the legal condition that it agrees with this method of extortion;

d) According to the postal service route to the representative body of the Socialist Republic of Vietnam abroad for the incumbent is Vietnamese citizens abroad;

For the agency, foreign organization with representative offices, branches in Vietnam, the extortion can be made through the representative office, their branch in Vietnam by the rules of the Law;

e) According to the postal service line for the representative under the law or representation of the authority in Vietnam of the incumbent abroad.

2. The methods of blackmail stipulate at point a and point b 1 This is done in accordance with the law of judicial equipalization.

3. The case of the prescribed methods of blackmail at paragraph 1 does not result in the Court making public listing at the headquarters of the body of the Socialist Republic of Vietnam abroad, the Court is addressing the incident or the case. at the last residence of the incumbent in Vietnam for a period of 30 days and the announcement on the Court of Electronic Information Portal (if any), the Electronic Information Portal of the body of Vietnam ' s representative of the Socialist Republic of Vietnam abroad; the necessary case, The court is able to inform the foreign language of the Chinese Radio or Television Station three times over the next three days.

What? 304. Announcement of the rationing, session opening day, trial

1. The court must submit a case of inquiry into the case, which specifies the time, the opening venue of the session examining the delivery, access, public testimony and dialogue (called the session session), reopen the session, open the trial and reopen the trial in the information text. You know, I mean, you know, you know, you know, you know

2. The deadline to open the session, the trial is defined as follows:

a) The session must be opened as early as 04 months and the slog of 6 months from the date of the release of the case to the notice of the case. The date of the opening session (if any) is set to date the opening session of 30 days.

b) The trial must be opened as early as 06 months and the slog of eight months from the date of the notice of the notice of the case. The date of the opening of the trial (if any) is set to date the slog opening of a 30-day delay, except for the stipulation of Article 305 of the Law.

What? 305. Handling the outcome of the Court ' s proceedings for the incumbent abroad.

When receiving the results of the extortion results and the results of collecting evidence abroad, depending on the particular case the Court dealt with as follows:

1. Not to open the session when it has received an escort in one of the prescribed methods at the order of 1 Article 303 of this Law and the authorities have provided full testimony, documents, evidence, and case of undialogue. is stipulated at Article 135 of this Law.

2. Hoeat the session if the notice of the extortion has been completed but the day of the session that the Court still does not receive the testimony, documents, evidence of the incumbent and they do not offer to be absent at the session. If the date of the opening session that is in foreign affairs is still absent, the Court determined this is the case not to conduct dialogue.

3. The court adjourn the trial in the following cases:

a) Contemporary abroad with a petition to adjourn the first trial;

b) Contemporary country is absent at the first trial, unless they have a trial for absence.

4. The court did not receive a written notice of the extortion results as well as testimony, documents, evidence of the incumbent abroad and on the day of the unpresent foreign court hearing, without the application of a court case in absconiation, the Court deferred. trial.

Shortly after the trial was postponed, the Court had the text to recommend the Ministry of Justice or representative body of the Socialist Republic of Vietnam abroad informed of the execution of the Court ' s proceedings for the incumbent abroad in the case. The court carried out the passage of these bodies in one of the methods of regulation at points a, b, and d 1 Article 303 of the Law.

In the 30-day period since the date received the text of the Court, the representative body of the Socialist Republic of Vietnam abroad must inform the Court of the outcome of carrying out the proceedings for the incumbent abroad.

In the 10-day period since the day the Justice Department received the text of the Court, the Ministry of Justice must have a written statement of the competent authority abroad responding to the results of the implementation of the judicial mandate.

During the 5-day period of work since the date of receiving the text of the authorities abroad sent back, the Justice Department must respond to the Court.

At the end of the three-month period from the date of the Court's transfer to the authorities in foreign jurisdiction without receiving an answer, the Ministry of Justice must inform the Court to do the case.

5. The Tribunal for the trial is absent from abroad in the following cases:

a) The court has received the end of an escort in accordance with one of the methods of blackmail in accordance with Article 303 of this Law, which has provided full testimony, documents, and evidence, and is subject to the Court's absenters;

b) The court did not receive the notice of the authority under the prescribed authority at paragraph 4 This Article on the results of the execution of the incumbent abroad;

c) The court has taken the prescribed measures at paragraph 3 Article 303 of this Law.

What? 306. Recognition of the paperwork, documents issued by the agency with foreign authority, granting or confirmed or personally residing abroad sent to the Court of Vietnam through postal service in the United States.

1. The Vietnam Court recognizes the papers, documents issued by the agency, the organization with foreign authority, granting or confirmed in the following cases:

a) The papers, documents, and translations of the Vietnamese language have the testimony, the certificate has been legitimized;

b) The document, that document is exempt from the statutory legalization under the regulation of the Vietnamese law or the international wish that the Socialist Republic of Vietnam is a member.

2. The Court of Vietnam recognizes the documents, documents taken by the individual residing abroad in the following cases:

a) Papers, documents established in foreign languages have been translated into Vietnamese with a certificate of evidence, legal evidence in accordance with the provisions of Vietnamese law;

b) The document, the document established abroad is proven, corroborated by the regulation of foreign law and has been legally legalised;

c) A document document issued by Vietnamese citizens in foreign countries in Vietnamese with the signature of the founder of the document, which is attested in accordance with the provisions of the law of Vietnam.

What? 307. The deadline for the appeal of the sentence, the Court ' s decision to execute the administrative case has foreign elements.

1. The presence of the Court in the United States has the right to appeal the verdict, the decision of the Court in the statute of limitations at Article 206 of the Law.

2. Residing abroad not present at the trial, the statute of limitations, the decision of the Court, is 30 days from the date of the sentence, the decision to be made valid or since the date of the sentence, the decision is legally listed under the rule of law. the law.

3. The case of a court case in abscont in accordance with the stipulation at the point b 5 Article 305 of the Law, the appeal deadline is 12 months from the date of the sentencing.

What? 308. Blackmail, the announcement of the proceedings and the handling of the extortion results, the Court of Appeal of the Court of Appeals for the incumbent abroad.

The Court of Appeals for the Court of Appeal performed the extortion, the message of the proceedings, and the handling of the resulting extortion, the message of the proceedings to the foreign authorities in accordance with the provisions of the Laws 303, 304, 304, and 305 of the Law.

Chapter I'm

THE PROCEDURE OF THE EXECUTION, THE COURT ' S DECISION ON THE ADMINISTRATIVE CASE

What? 309. The sentences, the Court ' s decision on the administrative case were enforced.

1. The verdict, the decision or the part of the sentence, the decision of the Court of Inquisition not to be appealed, the appeals under the appellate procedure have been valid for law.

2. The verdict, the decision of the Court of Appeal.

3. Decision the jury or retrial of the Court.

4. Decision according to the special procedure of the Supreme Court Justice Council stipulated at Article 296 of this Law.

5. The decision to apply the temporary emergency measure of the Court despite the complaint, the petition.

What? 310. Explaining the verdict, the Court ' s decision.

1. The execution of the court, who must contest the execution, who has the rights, the obligation in relation to the enforcement of the sentence, the Court decision and the civil law enforcement body has the right to request by writing with the Court to the verdict, the decision stipulated at the court. Paragraph 1, 2, 3 and 4 Article 309 of this Law explains the unknown points in the verdict, the decision to enforce.

2. The judge is presiding over the trial, the session is responsible for explaining the verdict, the Court ' s decision. In case they are no longer the judge of the Court, the Chief Justice of the Court is responsible for explaining the verdict, the Court ' s decision.

3. The interpretation of the verdict, the decision of the Court to be based on the verdict, the decision, the transcript of the trial, the session and the resolution of the resolution.

4. In the 15-day period since the date of receiving the requested text, the Court must have the document to explain and submit to the agency, the organization, the individual, which has been granted, submitted the verdict, decided in accordance with the provisions of this Law.

What? 311. Execution of the Court, the Court's decision.

1. The enforcement of the sentence, the Court ' s decision on the administrative case stipulated at Article 309 of this Law is carried out as follows:

a) The case of the verdict, the Court ' s decision to not accept the request to initiate administrative decision-making, decide the discipline to be forced, the decision to resolve the complaint of the decision to handle the competition, the voter list, the parties of the court. has to continue to enforce the administrative decision, decide the discipline of the law to stop, decide to resolve the complaint of the decision to handle the competition, the voter list under the rule of law;

b) The case of the verdict, the decision of the Court to cancel the whole or part of the administrative decision, decided to resolve the complaint of the decision to handle the competition, the decision or the decision part to be canceled is no longer valid. The authorities on the basis of the rights and obligations were identified in the verdict, the Court ' s decision to enforce;

c) The case of the verdict, the Court ' s decision to cancel the disciplinary decision to stop the decision, decided the discipline was forced to stop being unproductive. The head of the agency, the organization that decided the discipline was forced to stop the execution of the verdict, the decision of the Court;

d) The case of the sentence, the decision of the Court to declare the execution of administrative law, the law enforcement must suspend the execution of that administrative action since the day received the verdict, the Court's decision.

In the case, the Court's decision to declare the conduct of a non-mission, the law is illegal, and the law enforcement must carry out the duties of the law, following the statute of law since the date received the verdict, the Court's decision.

e) Case of sentence, the Court ' s decision to force the body to establish a list of modified voters, to add a voter list, the person to execute the execution must make it to the amendment, the addition when receiving the verdict, the decision of the Court;

g) The case of the Court decision making the decision to apply a temporary emergency measure then the person who is applied to the temporary emergency measure must be enforced as soon as the decision is received;

) Decision on the part of the property in the verdict, the decision of the Court to be enforced in accordance with the rule of law enforcement.

2. The voluntary period of execution of the execution is as follows:

a) A person has to enforce the execution of the sentence, the decision stipulated at the point of e, and the point of this one Article from the date of the verdict, the decision of the Court;

b) The execs must enforce the sentence, the decision of the Court stipulated at the points a, b, c, d, and the Article 1 Article within the 30-day period since the date received the verdict, the Court's decision.

The Court must be executed, the Court's decision to announce the results of the execution of the law in this paragraph by writing to the Court for the trial of the jury and the civil court exam, and the Court for the trial of that case.

3. Overtime Regulation at paragraph 2 That the person who must enforce the execution does not enforce, the person who is executed has the right to send a bill to the Court for the trial of a decision to enforce the trial, the Court's decision stipulated at 1 Article 312. of this law.

What? 312. The request, the decision to enforce the sentence, the Court ' s decision.

1. During the 01-year period since the expiration of the statute of limitations at point b 2 Article 311 of this Law, which the execs not voluntarily enforce, the execs are entitled to submit an application with a copy of the verdict, the Court's decision, the document. Otherwise, it is relevant that the Court tried to judge the decision to enforce the sentence, the Court's decision.

The case of a person who asked for the execution of the action proved to be due to an objectivation or an unimpediable event that could not be required to enforce the execution of time, or the time the objective or the unimpediable event was not required at the time of the request. A sentence.

2. During the 5-day period of work since the date of the recipient's request to be executed, the Court tried the preliminary sentence to make a decision to enforce the execution of the administrative law. The decision to enforce the execution must be sent to the person who must be executed, who is executed, the chief executive officer on the person's direct examination of the execs and the Institute for the same level. The chief executive officer on the direct party of the person must contest the responsibility of the examination, the foreman and the handling of the responsibility of the person to execute the law by law. The decision to enforce the court must also be sent to the body of civil court where the Court tried the trial to monitor the execution of the administrative court under the decision of the Court.

3. The government rules specifically on the deadline, the sequence, the execution of administrative action and accountability for the non-executor of the sentence, the Court's decision.

What? 313. State Administration of Administrative Action

1. The United Government governs the state for administrative execution of administrative action within the country; in coordination with the Supreme People 's Court, the Supreme People' s Examination Institute in the state management work on administrative execution; the annual periodic report. The National Assembly for Administrative Action.

2. The Ministry of Justice is responsible to the Government to implement state management of administrative executions and there are tasks, the following powers:

a) Board or agency with the authority to enact a law promulgation of the law of administrative execution;

b) Secure the border, facilities, facilities for state management work on administrative execution;

c) Instructions, directed, fostering a business on administrative execution management; disseminism, education of law on administrative execution;

d) Check, inspector, resolve the complaint, denounce administrative execution management;

The government report on administrative action;

e) Build and organize statistical planning, tracking, general execution of administrative action.

What? 314. Execute the breach in administrative action.

1. The agency, the organization, the individual who has to enforce the execution intentionally does not accept the verdict, the decision of the Court, the decision to enforce the court's court of law, by case of disciplinary action, to punish the administrative breach, or to be prosecuted for criminal responsibility. The law.

2. The person who takes advantage of the office, the right to intentionally obstruct the execution of execution, depending on the case of the law, sanctipate the administrative breach, or the prosecution of criminal responsibility under the rules of the law; if the damage is done, it must be compensated. of the law.

What? 315. Examining the execution of the sentence, the Court's decision.

The Institute of Control examines compliance with the law of the incumbent, the agency, the organization, the individual involved in the execution of the sentence, the Court ' s decision to secure the enforcement of the sentence, the timely decision, the full, the law.

The Institute of Examination has the right to petition with the agency, the organization, the individual who is obliged to enforce administrative and agency executions, the agency's direct-level organization, the organization must accept the sentence, the Court's decision to have the organizational measure of correcalization. The Court, the decision of the Court.

Chapter XX

HANDLING OF THE ACTS OBSTRUCT ADMINISTRATIVE PROCEEDINGS

What? 316. Execute the trial of the internal breach

1. The person with an internal violation of the court of law stipulated at Article 153 of this Law is subject to the nature, the extent of the breach that may be subject to the trial of the trial by the court, which is determined to punish the administrative violation under the rule of law.

2. The chairman of the trial has a decision to force the offender to rule in paragraph 1 of this thing leaving the courtroom. The public office is tasked with protecting the trial or the person tasked with protecting the execution of the court's decision on the court's decision to leave the courtroom or to hold the act of disorderly conduct at the trial.

3. The case of a criminal breach of the court to the point must be traced to criminal responsibility the Court has the right to prosecute the criminal case under the rule of criminal proceedings.

4. Regulation at this is also applicable to the person whose behavior violates at the session of the Court.

What? 317. Handling the prestigious offense of the Court, honor, dignity, the health of those who conduct proceedings or others who carry out the task at the request of the Court of Justice.

The person who has the conduct of insulting the Court, honor, dignity of those who conduct proceedings or others who carry out the task at the request of the Court is subject to the nature, the level of violation that is subject to administrative violation or being prosecuted. The criminal justice of the law.

What? 318. Behavioral processing of verification activity, collecting Court evidence.

The person who has one of the following acts is subject to the nature, the level of violation that may be subject to disciplinary action, sanctipation or execution of criminal responsibility under the rule of law:

1. Make false, destructive evidence that causes obstacles to solve the case of the Court;

2. Decor to declare, declare a lie or provide false documentation when testis;

3. The refusal to conclude the examiner or refusing to provide the document without the correct reason, the conclusion of the false judge is true;

4. Deception, intimidation, coercated, purchasing, using force to prevent the person from testidoing or forcing others to testify falsely;

5. Deception, intimidation, coercism, redemption, use of force to prevent the examiner from carrying out the mission or forcing the examiner to make false conclusions with objective truth;

6. Deception, intimidation, coercuse, purchasing, using force to prevent the translator from carrying out the mission or forcing an unhonest, unobjectively non-objective translation interpreter;

7. impede the conduct of consideration, appraisal, decision-making, decision-making decisions, or verification, gathering other evidence in accordance with the provisions of this Law;

8. Try to translate the truth;

9. Do not send participants to the Board at the request of the Court without a valid reason; not participate in the task of the Board of Valuation without the correct reason.

What? 319. The baggage handling is not present according to the Court ' s summons.

1. The witness, the translator, the examiner was legally convened by the Court but deliberately did not go to the Court or not present at the trial, the session without a legitimate reason and if their absence caused an obstacle to the collection, verification of the court. The evidence, or the resolution of the case, is sentenced to the administrative violation by law.

2. The case of regulation at this 1 Article, the Court has the right to decision to lead the person to testify to the trial, the session, unless the case of the witness is a juvenile. The decision to lead the witnesses to the judgment of time, place of decision, and name, name, and name, name, day, month, year, year, year of birth, the residence of the witnesses; and the time of the witness shall be present.

3. The Security Agency is tasked with enforcement of the decision of the Court to lead the witness. The execs decided to lead the witness to read, explain the decision to give the defendant a solution to the host, and to make a statement about the interpretation.

What? 320. Handling interference in solving the case.

The person with his influence has an act of action in any form to the judge, a member of the jury to make the resolution of the unobjectiable case, not the right law, according to the nature, the level of violation that was disciplined. the law, sanctiation of administrative violations, or being subject to criminal responsibility by law.

What? 321. The Court ' s responsibility, the Institute of Examination in the case of the Criminal Court case

1. The case of a Criminal Court case in accordance with Article 316 of the Law, which in the 15-day period since the date of the decision to prosecute, the Court must be transferred to the Court of Appeals for the decision to determine the case and document prosecution, the evidence to It's an act of crime.

2. The Institute of Examination is responsible for consideration, processing under the provisions of the Criminal Procedal Code.

What? 322. Handling obstruction of delivery, receiving, granting, extorsing or announcing the proceedings of the Tribunal.

The person who has one of the following acts according to the nature, the degree of violation that is subject to disciplinary treatment, sanctipation of the administrative breach or the prosecution of criminal responsibility in accordance with the rule of law:

1. Do not perform the granting of, deliver, or inform the proceedings of the Court at the request of the Court without the correct reason;

2. Destroy the proceedings of the Court on which he is assigned to grant, blackmail or inform at the request of the Court;

3. The result of the execution of the execution, the report of the proceedings of the Court in which he was delivered;

4. Prevent the level, deliver, receive, blackmail or inform the proceedings of the Court.

What? 323. Handling the conduct of obstruction of agency, organization, individual participating in proceedings at the request of the Tribunal.

People with threats, assault, or use of subordination impede the representative of the agency, the organization, the individual to the trial, the trial, the convening of the Court, the degree of violation, the extent of the breach, the extent of the breach, the extent of the breach. The criminal justice of the law.

What? 324. Handling false news coverage in an attempt to impede the Court of Justice's case.

The person with the conduct of false information aimed at obstruct the Court to resolve the case is subject to the nature, the level of violation that is subject to administrative violation or the prosecution of criminal responsibility under the rule of law.

What? 325. Handling the behavior of the agency, the organization, the individual does not enforce the Court ' s decision on the provision of the document, evidence for the Court

1. Agency, organization, individuals who do not enforce the Court ' s decision on the provision of the document, the evidence that the agency, the organization, that the individual is managing, is subject to the punishment of administrative violations by the rule of law.

2. Personally, the head of the agency, the organization stipulated at 1 Article depending on the extent of the breach that may be subject to disciplinary action or is subject to criminal responsibility under the rule of law.

What? 326. Form of punishment, jurisdiction, sequence, procedure, penalty.

The form of punishment, jurisdiction, sequence, procedure of punishment for administrative violation of administrative proceedings is carried out under the provisions of the Law of Administrative Disposal Laws and other provisions of the relevant law.

Chapter XXI

COMPLAINT, DENOUNCE IN ADMINISTRATIVE PROCEEDINGS

What? 327. Decision, behavior in administrative proceedings can be lodged with complaints.

1. Agency, organization, individuals have the right to commit a decision, behavior in the administrative proceedings of the agency, who conducts administrative proceedings when there is grounds that the decision, that behavior is illegal, infracts its legal rights and interests.

2. For the sentence, the preliminary decision, the appellate, the judge, the jury, the retrial of the Court if there is an appeal, the appeal and other proceedings issued by the advance of the executive order if there is a complaint, the petition does not address the prescribed procedure. of this chapter which is resolved by the regulation of the respective chapters of this Law.

What? 328. The right, the complaint of the complaint.

1. The complaint has the following rights:

a) to themselves or through the legal representation of the complaint;

b) In any phase of the case settlement process;

c) Withdraw complaints in any phase of the settlement process.
complaint;

d) To receive an answer to the rationing to resolve the complaint; the decision to resolve the complaint;

) Restored, the legitimate interests have been violated, compensated by the law.

2. The complaint has the following obligations:

a) complain about the right person who has the authority to resolve;

b) The honest presentation of the matter, providing information, documents to the person addressing the complaint; being accountable to the law on the content of presentation and the provision of information, that document;

c) Not to abuse the right of complaint to impede the Court proceedings;

d) Accept of the decision, the conduct of the person conducting the proceedings which he is complusing during the complaint;

The decision to resolve the complaint has a legal effect.

What? 329. Rights, the service of the accused.

1. The defendant has the following rights:

a) Know the basis of the complaint of the complaint; give evidence of the legitimacy of the decision, the conduct of the complaint;

b) It is decided to resolve the complaint of decision, behavior in its proceedings.

2. The defendant has the following obligations:

a) The interpretation of the decision, the conduct in the administrative proceedings of the complaint; provide information, relevant documents when the agency, organization, individual has the authority to request;

b) The decision to resolve the complaint has a legal effect;

c) The compensation of the damages, reparation or remediation of the consequences due to the decision, behavior in the proceedings of his own law is caused by the rule of law.

What? 330. Case of complaint

The time of the complaint is 10 days from the day the complaint receives or knows the decision, the act of proceedings that the person claims is in violation of the law.

The case with an impossibility or objective impede event that the complaint does not exercise is entitled to the right of a complaint under the specified deadline at this time that there is an inpossibility event or that objective is not calculated at the time. A complaint.

What? 331. Form of complaint

The complaint must be made with a single. In the complaint must specify the date, month, year; they, the name, address of the complaint; the content, the reason the complaint, the complaint of the complaint, has the signature or the point of the complaint.

What? 332. The authority to resolve the complaint to the decision, the conduct of the proceedings.

1. The decision of the decision, the conduct of the proceedings, is the judge, the Deputy Chief Justice, the Judge, the Secretary of the Court, the Court of Appeals, the Chief Justice of the Court is addressing the administrative case with the authority to resolve.

For the decision-making complaint, the proceedings of the Chief Justice of the Court, the Chief Justice of the Court on a direct grant have jurisdiction to resolve.

2. The decision of the decision, the conduct of the person who conducts the proceedings is Detective, Deputy Director of the Institute for Examination, Inspects, and the Director of the Institute for the Examination.

For the decision-making complaint, the Proceedings of the Institute of Examination of the Institute of Examination, the Institute for the Institute of Subordinate Examination has jurisdiction over the resolution.

3. A complaint decides to resolve the first complaint of the Chief Justice of the Court, the Institute of Corrects of Regulatory Regulation at paragraph 1 and paragraph 2 This is due to the Chief Justice of the Court on a direct level, the Institute of Subordinate Examination of the Institute on Direct Control.

What? 333. Complaint resolution deadline

The initial complaint was 15 days from the day of the Court, the Institute of Examination received a complaint. Where it is necessary, for the case to be complex, the deadline for the resolution of the complaint may be extended but not more than 15 days from the expiration date of the complaint.

What? 334. The content decided to resolve the first complaint.

1. The person who settled the complaint first had to make a decision to resolve the complaint in writing. The decision to resolve the complaint must have the following content:

The day, the month, the year was determined;

b) The name, the address of the complaint, and the complaint;

c) The contents of the complaint;

d) The results of the validation of the complaint;

The legal base for resolving the complaint;

e) The decision to resolve the complaint.

2. The decision to resolve the initial complaint must be sent to the complaint, the agency, the organization, the individual involved; the case is the decision of the Chief Justice Court to be sent to the Institute of the same degree.

What? 335. The procedure to resolve the second complaint

1. In the 5-day period of work since the day of the complaint received the decision to resolve the initial complaint, if it does not agree with that decision or the prescribed deadline at Article 333 of this Law that the complaint is not resolved then the complaint is You have the right to appeal to the person with the authority to resolve the second complaint.

2. The complaint must include a copy of the decision to resolve the initial complaint and the accompanying documents.

3. The decision to resolve the second complaint must have the following content:

a) Content specified at points a, b, c, d and clause 1 Article 334 of this Law;

b) The results of the resolution of the first complaint was resolved;

c) The conclusion of each particular issue in the complaint content of the complaint and the settlement of the settlement of the second complaint.

4. The decision to resolve the second complaint must be sent to the complaint, the agency, the organization, the individual involved; the case is the decision of the Chief Justice Court to be sent to the Institute of the same degree.

5. The decision to resolve the second complaint comes into effect.

What? 336. Addressing the complaint of the activity of monitoring in administrative proceedings

The settlement of the complaint about the statutory activity in administrative proceedings is carried out in accordance with the provisions of the law on the judicial and other regulation of the relevant law.

What? 337. You have the right to denounce.

Individuals have the right to denounce with the agency, the organization, the individual who has jurisdiction over the violation of the law of the competent person to conduct damages or threats causing damage to the public interest, the interests of the State, the rights and the legitimate interests of the government. Organs, organizations, individuals.

What? 338. The right, the duty of the whistled.

1. The whistled has the following rights:

a) Submit or directly denouncing with the agency, organization, individual competent;

b) Request to keep their secret, name, address, pen name;

c) The request to be notified of the report results;

d) Ask for the agency, organization, individual who has the authority to protect when threatened, put down, revenge.

2. The whistled has the following obligations:

a) The honest presentation of the report content;

b) You know their name, your name, your address.

c) accountable to the law of false denouncing the truth.

What? 339. The right, the duty of the accused.

1. The defendant of the following rights:

a) to be notified of the report content;

b) Give evidence to prove that the report content is not correct.
The truth.

c) To be restored to the right, the legitimate interests are violated; be restored to honor, compensated for damages due to the untrue denouncing;

d) The agency, the organization, the individual with the authority to dispose of the whistled whistled truth.

2. The defendant has the following obligations:

a) The solution of the alleged behavior; to provide information, related materials when the agency, organization, individual has the authority to request;

b) Accused the handling decision of the agency, organization, individual competent;

c) The compensation of the damages, restitution or remediation of the consequences due to the prosecution of his law is caused by law.

What? 340. Jurisdiction and deadline for settlement resolution

1. The prosecution of the violation of the law of the person with the authority to conduct proceedings under the authority of the authorities, the head of the agency has a responsibility to resolve.

The case of the accused is Chief Justice, Deputy Chief of the Court, the Deputy Director, the Deputy Chief of the examination, and the Chief Justice of the Court on a direct level, the Director of the Institute for Subordinate Examination is responsible for addressing.

The decision-resolution deadline is 60 days from the date of receiving the charge; for the complex case the deadline for the solution is likely to be longer, but not more than 90 days.

2. The prosecution of the violation of the law with signs of criminal trespass is resolved under the provisions of the Criminal Procedal Code.

What? 341. Procedure for denouncing the report.

The procedure for the resolution is carried out in accordance with the law on the charge.

What? 342. The responsibility of the authority to resolve the complaint, denounce

1. Agency, organization, individual competent within the scope of the mission, its powers are responsible for receiving and solving in time, in the right of law; handling the violation of the offender; applying the necessary measure to prevent possible damage; make sure the decision to resolve is strictly enforced and accountable to the law of its decision.

2. The person with the authority to resolve the complaint, denouncing without addressing, the lack of responsibility in the settlement, the illegal solution of the law is arbitrary, the level of violation that is subject to disciplinary treatment or being prosecuted for criminal responsibility; if causing damage. You must pay the rules of the law.

What? 343. Examining the compliance of the law in addressing the complaint, denouncing in administrative proceedings.

The Institute of Control examines compliance with the law in addressing the complaint, denouncing in administrative proceedings under the rule of law. The probation institute has the right to request, petition for the Court on the same level, the lower court, the agency, the organization, and the individual responsible for ensuring the settlement of the complaint, the defendant with the base, the law.

The Institute for the Supreme People's Office of the Supreme Court is chaired by the Chief Justice of the Supreme People's Court to detail this.

Chapter XXII

CHARGES, FEES AND OTHER LITIGATION EXPENSES

Item 1

COST, FEE.

What? 344. Fee, fee, fee, fee.

1. Pre-parole charges include a preliminary sentencing fee and a perjury fee.

2. The sentence charges include a preliminary sentence and a court of appeals.

3. The fee includes a charge of the degree of a copy of the sentence, the decision, other paper of the Court and the other fee that the law has stipulated.

What? 345. Disposal of charges, fees, fees, fees

1. The entire charge, the fees for the collection to be fully filed, promptly entered the state budget at the state treasury.

2. The legal advance charge is submitted to the competent law enforcement agency to submit to the open-hold account open at the state treasury and is drawn to the execution of the court under the Court ' s decision.

3. The person who paid the penalty for a fee was shortly after the verdict, the Court ' s decision to take effect, the amount of the proceeds obtained must be filed into the state budget.

In the case of a partial or full amount of money filed under the verdict, the Court's decision on the court of law has revoked the fees for the procedure to return the payment of money to them.

4. The case of the execution of the administrative case is suspended only the charges of a charge were filed when the case was resumed.

What? 346. Recording mode, payment of fees, charges, fees, fees

The collection of fees and fees, the payment of the fee, the collection of fees is made by law.

What? 347. Case file filing obligation

The accuser and the person with the rights, the relevant obligation to be independent in the administrative case must file a preliminary sentence of charges, an appeal under the appellate procedure must file a sentence of appeals court charges, unless the case is exempt or not. You have to pay for a fee.

What? 348. The obligation to file a trial fee

1. At the expense of a preliminary charge if their requirements are not accepted by the Court, unless the case is exempt from the charge of charge or not subject to a preliminary fee.

2. Before opening the trial, the Court conducted a dialogue if the parties confronted the dialogue about solving the case, they only had 50% of the prescribed trial fees at one Article.

3. In the case of being exempt from a preliminary charge, the other person still has to file a preliminary fee under the provisions of one and two of these.

4. The case of a suspended sentence is resolved only then the obligation to file a preliminary charge is decided when the case is further resolved by regulation at this Article.

What? 349. The obligation to receive a perjury fee.

1. The appeal must file an appeal for the appeal, if the Court of Appeal upheld the sentence, the preliminary decision being appealed, unless the case is exempt or not subject to the appeal penalty.

2. The case of the Court of Appeals for the Court of Appeal, the trial of the appeal of the appeal, is that the appeal is not required to file a trial of appeal; the Court of Appeal must redefine the obligation to file a prescribed charge in accordance with Article 348 of this Law.

3. The case of the Court of Appeals for the Court of Appeals, the trial of the alleged trial of the appeal for a retrial, is that the appeal is not required to file a trial of appeal; the obligation to file a charge is redefined when the case is resolved.

What? 350. Charge Filing Obligation

The obligation to submit the fee is defined according to each specific type of work and due to the regulation law.

What? 351. Specific regulation on charges, fees

Based on the provisions of the Law and Fees And Laws, the Standing Committee of the National Assembly provides specific rules on the fees, the Court fees; the fees for fees, the court fees for each case; the cases are exempt, decreased or not filed for fees and specific problems. other, in relation to the cost, the fees of the Court.

Item 2

OTHER LITIGATION EXPENSES

What? 352. The cost-payer costs the judiciary, the cost of judicial mandate abroad.

1. The advance to the cost of judicial mandate abroad is the amount the Court is taking to pay for the judicial mandate of the government when it comes to collecting, providing evidence, extortion, records, documents, the symptoms of witnesses, the examiner and the requirements. sphere of judicial assistance is associated with the settlement of the administrative case.

2. The cost of judicial trust is the amount required and reasonable to pay for the implementation of the judicial mandate by the provisions of the Vietnamese law and of the country being asked to mandate the judiciary.

What? 353. The obligation to pay for the cost of a judicial mandate is to go abroad.

The person who sued, who appealed to the appellate or other authorities in the case must pay a cost-benefit to the foreign capital trust charges when their demands are made to develop the judicial mandate abroad.

What? 354. The obligation to bear the cost of judicial mandate abroad

Where there is no other agreement or law without any other regulation, the obligation to bear the cost of the judiciary abroad is determined as follows:

1. At the expense of the judicial delegation costs abroad if the request to resolve their case is not accepted by the Court;

2. The case of suspension of the suspension of the case stipulated at the point of paragraph 1 Article 143, paragraph 1 Article 234 of this Law, the accuser is subject to the expense of the judicial mandate abroad.

The suspension of the suspension of the appellate court stipulated at the point a 2 Article 225, point 1 Article 229 of this Law, the Court of Appeals for the Appeal of the Court of Appeal is subject to the expense of the judicial mandate abroad;

3. For other cases of addressing the other case under the rule of law, the requirement is to be subject to the expense of the judicial mandate abroad.

What? 355. Handling the cost of a judicial trustee costs foreign capital abroad

1. The case of the person who paid the advance to the judicial trust costs is not subject to the cost of judicial mandate, the person who is subject to the cost of judicial mandate under the decision of the Court to reimbursate the person who paid the advance of the cost of the judicial mandate.

2. The case of the person who paid the cost of a judicial mandate must bear the cost of the judicial mandate, if the amount of advance paid is not sufficient for the actual judicial mandate costs, they would have to submit additional money; if the advance amount paid more than the cost. Actual judicial trust fees, they are repaid for the remainder of the Court's decision.

What? 356. The review costs review, location appraisal and review costs, appraisal at the site.

1. The consideration of the review costs, the appraisal in place is the amount of money that the Court is considering to conduct the review, the appraisal in place.

2. Cost of consideration, appraisal in place is the amount required and reasonable to pay for the review work, appraisal at the base at the rule of law.

What? 357. The obligation to file a review of the review costs, appraisal at site

1. The person who asks the Court review, the appraisal at the place must file a review of the review costs, the appraisal at the request of the Court.

2. The case for the Court of judgment is needed and decided to review, the appraisal in place, the accuser, according to the appellate procedure, must pay for a review of the review costs, where the appraisal is located.

What? 358. Obligation to bear consideration, appraisal at

Where there is no other agreement or law without any other regulation, the obligation to bear the cost of consideration, the appraisal at the specified site is as follows:

1. At the expense of consideration, the appraisal in place if their request is not accepted by the Court;

2. The case of the suspension of the suspension of the case stipulated at the point of paragraph 1 Article 143, paragraph 1 Article 234 of the Law, is subject to consideration, appraisal in place.

The case of the suspension of the appellate was given at the point of a paragraph 2 Article 225, point 1 Article 229 of this Law, the appeal of the appeal procedure must be subject to consideration, appraisal in place;

3. For suspenseers only addressing the case differently under the rules of this Law the person asks for consideration, the appraisal must be subject to the review costs, the appraisal in place.

What? 359. Disposal of review expense advance, appraisal in place

1. The case of the person who paid a review of the review costs, the appraisal at the place not subject to the review costs, the judge at the time the person is subject to the review, the judge at the discretion of the Court ' s decision must be reimbursable for the person who paid the advance. The cost of consideration, the appraisal.

2. The case of the person who paid a review of the review costs, the appraisal at the expense of consideration, appraisal in place, if the amount of advance paid is not sufficient for the cost of consideration, the appraisal at the actual place, they must submit additional money; if the number The advance money paid more than the cost of consideration, the appraisal in the actual place, they were returned to the money that was left behind by the Court decision.

What? 360. The cost-cost advance, the cost of the judging

1. The cost-per-cost advance is the amount of money that the examiner is taking to conduct the decision by the decision of the Court or upon the requirements of the incumbent.

2. The regulatory cost is the amount required and the reasonable amount must be paid for the regulation and by the examiner as the basis of the law.

What? 361. The obligation to submit the specified expense advance

Where there is no other agreement or law that does not have another regulation, the obligation to submit the specified costs of the specified costs is as follows:

1. The person who asked the Court of the Court of Appeal must submit the required cost-payer.

At the same time, the Court of Appeal requires that the Court of Appeal be appointed to the same object, and that every one of them shall pay half the amount of the value of the judges.

2. The case for the Court of judgment is needed and the decision to be determined by the examiner, who the appeal according to the appellate procedure must pay for the cost of the appraisal costs;

3. At the same time, the appeal has asked the Court of Appeal to be determined without being accepted and that it is required for the organization, the individual to take the decision, and the provision of the provision of the provision of the prescribed cost is carried out under the provisions of the Law of Judicial Regulation.

What? 362. The obligation at the expense of the

Where there is no other agreement or law without any other regulation, the obligation to bear the specified cost is as follows:

1. The person who asks the Court of Appeal is subject to the cost of the judge, if the decision results demonstrate that the person's request is unsubstantiated. The case of the results of the examiner ' s request for their request was only partially based, that they had to submit their oversight costs on their part of the claim that had been proven to be unfounded;

2. The person who does not accept the request for another incumbent ' s request for another person in the case must submit the required cost, if the results of the examiner prove that the request of the request for a referendum is based. The case of the certification of the proof requires a partial base of only partial grounds that the person who does not accept the request for the request for the required cost of the required requirement corresponds to the required part of the request, which has been proven to have a base;

3. The case of a suspension of the case is specified at the point of c 1 Article 143, paragraph 1 Article 234 of the Law, the accuser is subject to the cost of the judge.

The family case only settled the trial of the appellate at the point of paragraph 2 Article 225, point 1 Article 229 of this Law, the appeal of the appeal procedure must be subject to regulatory costs;

4. The case of the person itself requires the prescribed designation in paragraph 3 Article 361 of the Law, if the procedure for which the person's request is to have the base, the loser is subject to the cost of the judge. The case of the examiner ' s certificate of certification requires that their designation be only partially based, that they must submit the required cost to their requirements that have been proven to be unfounded;

5. For other cases of addressing the other case under the rule of this Law, the person who asks the examiner to bear the required costs.

What? 363. The specified cost-expense disposal has filed

1 The case of a person who paid the cost-per-cost advance is not subject to the cost of the judge, the person who is subject to the cost of the judge under the decision of the Court must reimbursate the person who paid the required payment.

2. The case of the person who paid the cost of the examiner costs the required cost, if the amount of advance paid is not sufficient for the actual cost of the actual designation, they must submit additional money; if the advance amount has paid more than the actual cost of the judge. They ' re repaid the money that ' s left of the Court ' s decision.

What? 364. Asset valuation expense advance, asset valuation costs

1. The cost-payer costs asset valuation is the amount that the Board of Valuation is to proceed with the valuation under the decision of the Court.

2. The cost of asset valuation is the amount required, reasonable to pay for the valuation of the property and due to the Council valuation based on the regulation of the law.

What? 365. Valuation expense advance obligation property

Where there is no other agreement or law without any other regulation, the obligation to bear the cost of valuation is determined as follows:

1. The person who requires the valuation of the property must pay the value of the asset valuation costs;

2. The case of the ununionable is of price and the same requirements for the Court to settle the property, each party is required to submit a half of the total settlement of the asset valuation fee. In the case of many things, the people who are at the same must pay for the payment of the valuation of the property to the extent that the Court decides;

3. The specified case at paragraph 3 Article 91 of this Law is the starter, who the appeal must submit to the cost of the asset valuation costs.

What? 366. Obligation to be subject to asset valuation costs, property pricing

Where there is no other agreement or other non-regulation law, the obligation to bear the cost of the property, the valuation of the asset price is defined as follows:

1. At the expense of the asset valuation costs if their requirements are not accepted by the Court;

2. The case of the Court of court decision-making determines the valuation at point 3 Article 91 of this Law:

a) at the expense of the valuation of the property specified at this one Article if the valuation valuation determines the valuation of the property of the Court is based;

b) The court paid the cost of the asset valuation if the determined valuation of the decision to determine the property price of the Court was not based.

3. The case of the suspension of the case is determined by the stipulation at the point of paragraph 1 Article 143, paragraph 1 Article 234 of this Law and the Board of Valuation have already conducted a valuation that the accuser is subject to the cost of the asset valuation.

The case of the suspension was resolved by regulation at the point of a paragraph 2 Article 225, point c 1 Article 229 of this Law and the Board of Valuation conducted the valuation that the appeal to the appellate procedure should be subject to the cost of asset valuation;

4. The suspension cases address other cases according to the rules of this Law and the Board of Valuation has conducted a valuation that the valuation person is subject to the cost of the asset valuation.

5. The obligation to bear the cost of the property price appraisal is made as the obligation to the expense of the specified property valuation at 1, 3 and 4 Articles.

What? 367. Valuation Expense property

1. The case of the person who paid the value of a property valuation is not subject to the asset valuation costs, the person who is subject to the cost of valuation by the decision of the Court to reimbursate the person who paid the value of the asset valuation costs.

2. The case of the person who paid the cost of the asset valuation should be subject to asset valuation costs, if the amount of advance paid is not sufficient for the actual valuation costs it would have to submit additional money; if the advance amount paid more than the cost. The actual price, they ' re repaid the leftover money.

What? 368. The expense of the witness

1. The reasonable and practical cost for the person to testify due to the suffering.

2. The person offering the Court to convene a witness to bear the charge of the person who testis if the testimony is consistent with the truth but not true at the request of the offer. The case of testimony is consistent with the fact and true to the request of the person to submit a witness to the witness, the cost of which is due to the request of independence.

What? 369. Expenses for translator, lawyer

1. The cost to the translator is the amount payable to the translator during the settlement of the administrative case under the agreement of the incumbent with the translator or by the rule of law.

2. The cost to the lawyer is the amount of money paid to the lawyer by the agreement of the incumbent with the lawyer within the organization ' s provisions of the practice of law enforcement and by the rule of law.

3. Cost the translator, the lawyer due to the person who is required to bear, except for the circumstances of other agreements.

4. The case of the Court requires the translator, which costs the translator due to the Court paid.

What? 370. Specific regulation of other litigation costs.

Based on the provisions of this Law, the Standing Committee of the National Assembly provides specific regulation on the costs of judicial mandate abroad, the cost of consideration, the appraisal, the cost of the appraisal, the valuation of the property; the cost of the witnesses, the translator; the cost of litigation. Other rules rules and exemption, reducing the cost of litigation in the process of solving the case.

Chapter XXIII

EXECUTION CLAUSE

What? 371. Performance Performance

1. This law is valid for enforcement from July 1, 2016, except the following regulations of this Law are related to the regulation of the National Civil Code. 91 /2015/QH13 Effective January 01, 2017:

a) The regulation concerning the person with difficulty in perception, as a subject of behavior;

b) The regulation concerning the law is the representative, the guardian;

c) Regulation related to household, cooperative organization, non-legal organization.

2. The Law of Executions 64 /2010/QH12 The effect of this law came into effect.

What? 372. Detailed rules

The Committee of the National Assembly, the Government, the Supreme People's Court, the Supreme People's Composition in the scope of the mission, its powers stipulate the details of the provisions, the order assigned to the ./.

________________________________________________________________

This law was passed by the National Assembly. o The 13th-century Vietnamese society, the third session. 10 Through Date 25 Month 11 2015. /.


President of Congress.

(signed)

Nguyen Gung Xiong