FEDERAL INFORMATION

Guidelines for certain regulations on the procedure of managing the judge,

retrial and special procedure review of the decision of the Board of Judges

the Supreme People ' s Court of the Civil Procedal Code has been amended,

additional under the amended Law, which adds some of the provisions of the Civil Procedal Code.

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To enforce the right and united provisions of the amended Code of Civil Procedism, supplematuation by the Amendment Act, the addition of a number of provisions of the Civil Procedism Code have been locked by the Socialist Republic of Vietnam XII, the ninth session through the day. March 29, 2011 (later abbreviated as BLTTDS) on the procedure of supervising director, retrial and special procedure review of the decision of the Supreme People 's Court of Appeals; the Supreme People' s Court and the Supreme People 's Board of Appeals for the Supreme People' s Guide. The following:

Chapter I

SOME REGULATIONS ON THE PROCEDURE OF MANAGING DIRECTOR

What? 1. The recommendation to review the verdict, the Court 's decision has been in effect law by the procedure of the procedure of the judge prescribed at Article 284a BLTTDS, the paper' s notification text, the examination institute or individual, the agency, the other organization for the person with the right to protest regulation. at paragraph 2 Article 284 BLTTDS

1. The proposal to review the verdict, the Court ' s decision to have the legal effect under the procedure of the director of the jurisdiction at Article 284a BLTTDS (the following call for a proposal) must be made by Form 01 issued by this Article. At the suggestion of the individual, you must sign a name or point and have confirmation of the Committee of the People's Committee, the ward, the town where the person resides or is required to submit themselves to the map of their own identity; the offer is the agency, the organization, the dealer. The body of the agency, the organization must sign the name and stamp it.

2. The Court ' s notification text, the Institute of Examination or the individual, the agency, the other organization for the person with the right to appeal the regulation at paragraph 2 Article 284 BLTTDS (the following calls for the notification text) must have the following main content:

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

b) The name of the Court, the Institute of Examination has the authority to review, address the message text;

c) The name, address of the Court, the Institute of Examination or the individual, the agency, the other organization found the breach;

d) The name of the sentence, the decision of the Court to have the legal effect that the Court, the Institute of Examination or the individual, the agency, the other organization found to be in violation of the law;

The Court ' s announcement, the Institute of Examination, the individual, the agency, the other organization of the violation of the law in the sentence, the decision of the Court;

e) The name of the document, which proves the verdict, the Court ' s decision to violate the law.

The person who informed the breach was that the individual must sign the name or point and must have the confirmation of the People ' s Committee, the ward, the town where the person resides or accompanied by the display of their own identity; the notice of the breach is the agency, the organization. So, the legal representative of the agency, the organization must sign the name and stamp the end of the text.

What? 2. Send a proposal and document, certificate attached

1. At the request of the request and the document, the evidence is accompanied by the Court, the Institute for the Authority under the prescribed jurisdiction at Article 285 BLTTDS by the following methods:

a) Nbc directly at the Tribunal, the Institute of Examination;

b) To the Court, the Institute for the examination through the postal road.

2. The proposed application and documentation case, the accompanying evidence of the individual, the agency, the other organization moving in, is processed under the guidelines at Article 4 of this Article 4.

What? 3. Take the offer and document, certificate attached

1. Shortly after receiving the offer and the document, the evidence was accompanied; the Court, the Institute of Examination, came into the recommended register. The court, the Institute for Examination Or Stamp for a clear date, month, year of receiving the offer into the upper left corner of the offer. In the case of repairs, the recipient of the petition must sign the confirmation and stamp of the Court, the Institute for the examination of the repair content.

2. The proposed case has sufficient content under Form 01 issued with this same and accompanying the sentence, the Court ' s decision has been in effect the law, the document, the evidence to prove to his demands as being based on the basis of the law. position at 2 Articles 284a BLTTDS, which is done as follows:

a) The case of the consent of the application directly to the Court, the Institute for Examination Of Consideration, the proposed settlement, the Court, the Institute for the Examination of the day, month, year of receiving the offer. The day of the appeal offer is the day of the Court, the Institute of Examination has the authority to accept the offer;

b) The proposed application case is sent to the Court, the Institute of Examination Has Jurisdiction to review, addressing the proposed application via postal road, the Court, the Institute of Inspection of the day, month, year of receiving a proposal issued by the postal worker and the date of the following. The post office. The envelope with a post office must be attached to the offer. The date of the protest is the day after the post office. The date, the year, the year after the post office, the following is the following:

b.1) The case of the Court date, the Institute for Examination Has Jurisdiction to review, addressing the proposed application issued by the postal worker that the specified deadline at 1 Article 284 BLTTDS remains, the date of the appeal is the day of the Court, the Institute of Police. received the application by the postal worker;

b.2) The case of the Court date, the Institute for Examination Has Jurisdiction to review, addressing the proposed application filed by postal worker that the specified deadline at 1 Article 284 BLTTDS has expired, then the Court, the Institute of Inspection Requests the post office and contemporary the provision of the date of the provision of the offer at the post office.

When the date of the request was given at the post office, the appeal day was the date of the request to the post at the post office.

The case does not specify the date of the offer of the offer at the post office, the date of the appeal offer is the date of the record in the proposal.

3. The proposed case does not have enough content by Form 01 issued with this or not accompanied by the sentence, the Court ' s decision has been in effect of law and document, evidence to prove to his demands is the basis of the law. Well, according to the provisions of the two Articles 284a BLTTDS, the Court, the Institute for the Examination, is as follows:

a) Notice for the subject of a request for revision, the addition of the petition, the addition of the verdict, the Court's decision to have the law of law, the document, the document, the evidence attached to the deadline for no more than thirty days, since the date received notice. This message must be made in written license No. 03 issued with this Relevant Information, which must specify the problems that need to be modified, complementary to the recommended person to perform. This text can be delivered directly or sent to the current offer via the postal route. The communication directly or sent through the postal route must be signed into the monitor and save at the agency that has received the offer;

b) The case of the amendment, complemated by the requirements of the Court, the Institute of Examination, the date of the recommended appeal is the day of the Court, the Institute for the examination received the first offer of the incumbent or the date of the post office submitted by the instructions at 2 Articles. Hey, this is two of these two terms.

c) The case expires at the point of a paragraph 3 This, which is not amended, adds a proposal or not to provide a sentence, the Court's decision has been in effect, the law, the document, the evidence, and the evidence of the Court, The Institute for Examination Has Jurisdiction, then the Court, the Office of the Examination of the Office for the incumbent on the return of the petition, documents, the evidence, and not to obtain the application, except for the objective of the objective;

d) The right-to-base case states that the Court, the Institute for Inspection Returns the non-correct proposal by the BLTTDS regulations and guidelines, is that there is a right to complain about the return of the offer. The complaint and settlement of the complaint was made as prescribed at Chapter XXXIII of the BLTTDS.

What? 4. Handout the proposed single case and document, the evidence accompanied by the individual, agency, other organization moved to:

1. In the statute of limitations at paragraph 1 Article 284 BLTTDS, the Court, the Institute of Examination Received the recommended and document application, the accompanying evidence of the incumbent, the agency, the other organization moved in to have sufficient conditions under the guidelines of this Article is the same implementation of the application, document, certificate, and instructions on this Article 3 of this link and the information to the individual, agency, organization, and contemporary knowledge.

2. The proposed case, the document, the accompanying evidence of the individual, the agency, the other organization to move in without sufficient conditions under the guidance of this Relevant Information, then the Court, the Institute of Public Security, returns the petition and the document, It is accompanied by the fact that the person and the instructor are in the right direction at the expense of one Article 1 of this link; and for the individual, the agency, the organization has passed the proposal.

What? 5. Handout the proposed application case and document, the evidence accompanying by the incumbent submitted or sent to the Court, the Institute of Examination has no consideration, the application.

1. The case of the charge of filing a petition and document, evidence attached to the Court, the Institute of Examination without the authority to review, the application, the Court, the Institute of Examination explained to the person who applied to the authority under the prescribed jurisdiction. Article 285 BLTTDS. If the incumbent still offers to be filed in the Court, the Institute of Examination has no jurisdiction, the Court, the Court, the Security Council, to confirm the date of the application to the motion, and the application to the Court, the Institute of Examination has the authority to review it. It's all right. The day of the appeal offer is the day of the Court, the Institute for the examination of the proposal.

2. The case of the consent of the offer and the document, the evidence accompanying, according to the postal route to the Court, the Institute of Examination has no jurisdiction to review, the Court, the Court, the inspection examination must confirm the invoice date on the offer and the application. move to the Court, the Institute of Examination Has Jurisdiction to review, address the application and inform the incumbent. The date of the protest is the day after the post office.

3. The Court, the Institute of Examination must have a tracking book on receiving the recommended application at paragraph 1 and paragraph 2 This.

What? 6. The certificate level receives the offer; review, application the offer, and return the proposed application.

In the seven-day period of work, since the day of the Court, the Institute of Examination has the authority to receive the recommended application, the Court, the Institute of Examination must review and process as follows:

1. The case of the Court, the Institute of Examination received a petition in the statute of limitations at paragraph 1 Article 284 BLTTDS and has sufficient conditions under the guidelines at 1 Article 1 of this, then the Court, the Institute of Examination must enter a single and grant application. The certificate of receiving a motion is recommended by the procedure of the judge (later called a Certificate of Consent Certificate) for the person under the Form 05 issued by this joint.

2. The case of the Court, the Institute of Examination received the recommended application at the expiration of the specified deadline at 1 Article 284 BLTTDS, then the Court, the Office of the Public Information Control Institute for returning the offer to the incumbent and stating the reason for the proposed return to the I do. The text message about the return of the offer can be delivered directly or sent to the incumbent via the postal route. This delivery or deposit must be written to the tracker.

What? 7. Level Certificate of receiving the offer in the event of the person sending multiple offers on the same sentence, the Court ' s decision has taken effect.

1. The case in a one-year term, since the day of the verdict, the decision to have the law effect, that of sending multiple proposals on the same sentence, the Court ' s decision has taken legal effect, then the Court, the Institute of Police only grant a single certificate of identification. I'll tell you what.

2. The incumbent case has been issued a Certificate of Certificate in accordance with the guidelines at 1 Article 6 of this, and after the expiration of the three-year period, since the date of the verdict, the decision to take effect on the law that the person continues to offer, the Court of Justice. In the case, the Institute of Corrects issued a Certificate of Certificate of Consent for the fact that they continue to have a petition.

What? 8. The proposed study and case file

1. After the application of the offer, the person with an appeal authority is responsible for the assignment of the person to conduct the proposed application, the case file.

2. The study of the case file, review of document collection, evidence must be clarified whether or not there is a base to appeal to the procedure for the director of regulatory authority at Article 283 BLTTDS.

What? 9. Deliver and collect evidence

1. May be able to submit a certificate directly attached to the offer at the Court, the Institute of Examination or sent through the postal route. The certification of evidence is done under Article 84 BLTTDS and guidance at Article 14 of the number 04 /2012/NQ-HTP March 12, 2012, of the Supreme People's 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 Civil Procedal Code has been amended, supplemally under the amended Law, which complements some of the provisions of the Civil Code.

2. The person with the right to appeal has the right to claim, personally, the agency, the organization that provides the addition of the document, the evidence under regulation at Article 85 BLTTDS.

3. The collection of documents, evidence made by the rule of civil law.

What? 10. Transfer of case file, notice of review results, resolution of a proposal between the Court and the Institute of Control

1. The transfer of the case file to review the appeal under the procedure director procedure is made in accordance with the guidelines on Article 2 of the Digital Federal Information 04 /2012/TTLT-VKSNDTC-TANDTC on January 8-2012 of the Supreme People's Medical Research Institute, the Supreme People's Court instructs certain provisions of the BLTTDS in terms of examination of the law in civil proceedings.

2. The case of the Court or the Institute of Examination has a written notice of non-appeal, then sent to the incumbent or the individual, the agency, the other organization stipulated at paragraph 2 Article 284 BLTTDS and sent a copy to the Institute of Examination or the Court of the same level.

What? 11. Form, text content announcement of non-appeal, decision to appeal the director of the judge.

1. Text of notification of non-appeal of the Court, the Institute of Examination is made in Form No. 06 and Form 07 issued with this Conventional Collusion.

2. The content of the decision to appeal for the appeal of the judge is executed by regulation at Article 287 BLTTDS and is made in accordance with the Form 08 issued by this Article.

What? 12. Processing for the recommended application in the event of a written notice of non-appeal of the Court, the Institute for Competent Examination.

1. The case with a written notice of non-appeal that the incumbent continues to suggest a review of the sentence, the decision to have the effect of the Court, is to state the issue that it is still argued that there was a violation of the law in the sentence, the decision was made. The court's legal force and the documentation, evidence to prove his claim is based. The review proposal must have the primary content under Form 01 issued with this Recommendation Notification.

2. The review, addressing the proposed application in the event of a written notification of the non-appeal of the Court, the Institute of Justices has the authority to be carried out in accordance with the corresponding guidelines at the terms of this Federal Information.

What? 13. Text processing specified in paragraph 2 Article 284 BLTTDS

1. The notice case does not have sufficient content in accordance with this Article 2 of Article 1 of this system, then the Court, the Institute for the examination of the notification for the individual, the agency, the organization requesting the amendment, added the notification text in no more than thirty years. the day, from the date of the announcement. This message is made of written license 04 issued by this article.

2. The text of the text message has sufficient content in accordance with Article 2 of this and the individual, the agency, the revised organization, the addition of the text message at the request of the Court, the Institute of Control in accordance with Article 1 Article. This is, then, the processing of the text message is done in accordance with the corresponding guidelines at Articles 4, 5, 6, 8, 9, 10, 11, and Article 12.

3. The individual case, the agency, the non-modified organization, the addition of the text message at the request of the Court, the Institute for the Guidance Inspection at 1 Article, then the Court, the Institute of Examination has not reviewed, addressed the message text.

Chapter II

SOME REGULATIONS ON RETRIAL PROCEDURE

What? 14. The recommendation to review the verdict, the Court 's decision to have a legal effect under a retrial procedure stipulated at 1 Article 306 BLTTDS; the court' s announcement text, the Institute of Examination for the right to appeal the regulation at 2 Article 306 BLTTDS.

1. The proposal to review the verdict, the Court ' s decision to take effect on a retrial procedure stipulated at a Article 306 BLTTDS (the following call for a retrial petition) must be made in accordance with the Form 02 issued by this Article. The offer is that the individual must sign or point and have confirmation of the People's Committee, the ward, the town where the person resides or must submit to their own identity, and the offer is the agency, the organization, the representative. The agency's legal, the organization has to sign and stamp.

2. The Court ' s notification text, the Institute of Examination, or the individual, the agency, the other organization for the person with the right to appeal the regulation at paragraph 2 Article 306 BLTTDS must have the following main content:

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

b) The name of the Court, the Institute of Examination has the authority to review, address the message text;

c) Name, address of the Court, the Institute of Examination or the individual, the agency, the other organization uncovered new details;

d) The name of the sentence, the decision of the Court to have the legal effect that the Court, the Institute of Examination or the individual, the agency, the other organization found to have new conditions;

The notice of the Court, the Institute of Examination or the individual, the agency, the other organization of the newly discovered situation;

e) The name of the document, the proof that the newly discovered circumstances can alter the basic basis of the verdict, the decision that the Court, is not aware of when the Court is out of the sentence, that decision.

The person who informed the discovery of the new situation was that the individual must sign the name or point and must have the confirmation of the People ' s Committee, the ward, the town where the person resides or accompanied by the display of their own identity; the announcement of the new condition is the body. The organization, the agency's legal representative, has to sign the name and stamp the end of the text.

What? 15. Send, take on and handle the retrial application

The sending, receiving and processing of a retrial proposal is carried out in accordance with the corresponding guidance at the Articles 2, 3, 4, 5, 8 and Article 9 of this.

Chapter III

SOME REGULATIONS ON SPECIAL PROCEDURE REVIEW THE DECISION.

THE SUPREME COURT JUDGE ' S DECISION IS SUPREME.

What? 16. 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. Article 310a BLTTDS, the Supreme People's Court 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 meeting. The petition, recommended in accordance with Article 19 of this Article 19. In the fifteen-day period, since the date of the death of the case, the Supreme People's Institute of People's Homicide Examination has to return a case to the Supreme People's Court.

What? 17. The deadline to open the session and announce the opening session review session, recommended by regulation at paragraph 3 Article 310a BLTTDS

1. In the thirty-day period, since the date of receiving the petition of the Judiciary Committee of the National Assembly, the petition of the Institute of Ministers of the Supreme People 's examination of the Supreme People or of the Supreme People' s Court has the recommended text, the Court Justice Council. The Supreme People must open the session to review the recommendations of the Judiciary Committee of the National Assembly, the recommendations of the Supreme People's Head of State to examine the Supreme People's Chief Justice of the Supreme People's Court in accordance with the order of 3 Articles 310a BLTTDS.

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 review the petition, recommended by regulation at paragraph 3 Article 310a BLTTDS and guidance at 1 Article.

What? 18. The session attends the session of the Supreme People ' s Court of Appeals for consideration of the petition, recommended by regulation at paragraph 3 Article 310a BLTTDS.

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 the 4 Articles 310a BLTTDS.

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 Judicial Committee of the National Assembly.

What? 19. The sequence conducts the session of the Supreme People ' s Court of Appeals to review the petition, offering regulations at paragraph 3 Article 310a BLTTDS.

1. The Chief Justice of the Supreme People ' s Court of the Supreme Court of the Supreme Court of the Supreme Court presents the summary of the case and the process of settlement.

2. Representative of the Judicial Committee of the National Assembly, the Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People 's Examination, Recommended review of the decision by the Supreme Court of the People' s Court to present the following issues:

a) The petition of the petition, the offer; the base of the petition, the offer;

b) The analysis of old evidence and additional new evidence (if any) to clarify the violation of the serious law in the decision of the Supreme Court of the People ' s Court of Supreme Court or have significant new critical conditions that could alter the basic determinate of the decision. of the Supreme Court Justice Council.

3. The case of reviewing the petition of the Judicial Committee of the National Assembly or considering the recommendation of the Chief Justice of the Supreme People, the Supreme People 's Institute for the Supreme People' s Examination Of opinions on the basis and legalization of the petition, the offer; specify the view. point and reason unanimously or not to agree with the petition, that offer.

The statement of the Institute of Ministers of the Supreme People 's examination must be shown in writing, which has the signature of the Supreme People' s Institute for the Supreme People 's examination and must be submitted to the Supreme People' s Court for five 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 Appeals decided on opening the session to meet. 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 individual, the regulatory body at Article 20 of this federation, 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? 20. Notice the session results review of the petition, offer to review the decision of the Supreme People ' s Court Justice Council.

During the five-day period of work, since the end of the session review of the petition, the offer to reconsider the decision of the Supreme People 's Court of Appeals; the Supreme People' s Court of Appeals sent to the Institute of the Supreme People ' s Examination Institute. High, the Judicial Committee of the National Assembly announced that the Supreme Court of the People's Court unanimously or not unanimous to the petition, recommended to reconsider the decision of the Supreme Court of the People's Court.

What? 21. Case Research Foundation

1. The case with the request of the Standing Committee of the National Assembly or the decision of the Supreme Court of the People 's Court in accordance with guidelines at paragraph 5 Article 19 of this Article, then Chief Justice of the Supreme People' s Court held the study of the case file. And verify, collect 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? 22. Open the session to review the decision of the Supreme People ' s Court Judge.

1. In the four-month period, since the date of receiving the request of the Standing Committee of the National Assembly stipulated at 2 Articles 310a of BLTTDS or since the date of the decision of the Supreme People ' s Court of Judges under the guidelines at paragraph 5 Article 19 The Supreme Court Justice Council must open the session 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 fifteen-day period, since the date of the death of the case, the Supreme People's Institute of People's Homicide Examination has to return a case to the Supreme People's Court.

What? 23. The Supreme People 's Institute for the Supreme People' s Control attends the decision to review the decision of the Supreme Court Justice Council.

1. The Supreme People 's Institute for the Supreme People' s Institute must attend the session review of the decision of the Supreme People ' s Court of Appeals stipulated at paragraph 2 Article 310b BLTTDS and the opinion of whether or not there is a serious violation of the law. Or the new critical condition can fundamentally alter the decision content of the Supreme Court Justice Council and the point of solving the case.

2. The statement from the Institute of Ministers of the Supreme People 's examination must be shown in writing, which has the signature of the Supreme People' s Institute for the Supreme People 's examination and must be submitted to the Supreme People' s Court during the five-day period of work, since the end date Session.

What? 24. Notice the outcome of the session of the Supreme People 's Court review review review of the decision of the Supreme Court of the People' s Court

In the thirty-day period, since the day of the Supreme Court of the People's Court one of the decisions stipulated in paragraph 3 of the 310b BLTTDS, the Supreme People ' s Court sent a decision to the Committee on the National Assembly, the Judicial Committee of the National Assembly, The Supreme People's Court, the Court of the People, settled the case and the officers.

Chapter IV

EXECUTION CLAUSE

What? 25.

1. This joint venture has been in effect since December 2, 2013.

2. For the cases of the offer of appeal under the procedure of supervising the judge, retrial from the date of the amended Law, which complements some of the provisions of the Civil Procedal Code to take effect on this President ' s Day in effect enforced by the Court, the Institute of Supervisers said. And it ' s not resolved, but it ' s not addressed, and it ' s not addressed with the document, the evidence that proves the verdict, the decision of the Court to have a violation of the law, or the newly discovered situation that can alter the basis of the sentence, the court decision; The court, the Institute for Inspection Of Notification for the request of supplematuation, evidence in accordance with this Applicable Information and applicable Information Let's settle down.

What? 26. The interpretation, the direction of supplematuation

In the course of execution, if there is an explanation for an explanation or additional guidance, the People 's Court, the People' s Homicide Institute, the agencies, organizations, individuals reflect on the Supreme People 's Court, the Supreme People' s Homicide Institute for an explanation, Additional instructions in time.