Circular 02/2013/ttlt-Tandtc-Vksndtc: Guidelines For Implementing Some Of The Provisions On The Procedure Of Cassation, Retrial And Special Procedures To Review The Decision Of The Judicial Council To Court ...

Original Language Title: Thông tư liên tịch 02/2013/TTLT-TANDTC-VKSNDTC: Hướng dẫn thi hành một số quy định về thủ tục giám đốc thẩm, tái thẩm và thủ tục đặc biệt xem xét lại quyết định của Hội đồng Thẩm phán Tòa ...

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THE PEOPLE ' S COURT OF THE SUPREME COURT EXAMINED THE SUPREME PEOPLE.
Number: 02 /2013/TTLT-TANDTC-VKSNDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 15, 2014

FEDERAL INFORMATION

Guidelines for certain regulations on the procedure of managing directors,

retrial and special procedure review of the Council ' s decision.

Judge of the Supreme People ' s Court of the Administrative Proceedings

__________________

To enforce the right and unify the provisions of the Administrative Proceedings (later abbreviated as the TTHC Act) on the procedure of supervising director, retrial and special procedure review of the decision of the Supreme People 's Court of Justice, the Supreme People' s Court and the Supreme Court. The Supreme People's National Institute for the Supreme People's Guide to the Guidance of a number of points is as follows:

Chapter I

SOME REGULATIONS ON THE PROCEDURE OF MANAGING DIRECTOR

What? 1. The application considers the verdict, the Court ' s decision to take effect on the procedure by the procedure of the procedure of the jury stipulated at one Article 211 of the TTHC Laws; the court's notification text, the Institute of Examination or the individual, the agency, the other organization for the right to appeal. specified in paragraph 2 Article 211 of the TTHC Law.

1. A petition to review the verdict, the Court ' s decision to take effect on the procedure by the procedure of the procedure of the judge stipulated at a Article 211 of the TTHC Code (which was later called the order) must be made by Form 01 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 211 TTHC (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. The legal representative of the agency, the organization must sign the name and stamp the end of the text.

What? 2. Submit a request and document, certificate attached

1. At the request of the request and the document, the evidence is accompanied by the Court, the Institute for Competent Examination in accordance with Article 212 of the TTHC in accordance with the following methods:

a) Nbb directly at the courthouse, 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 handled in accordance with the guidelines on Article 4 of this Article 4.

What? 3. Accept orders and documents, evidence 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 application must sign the confirmation and stamp of the Court or the Institute for the examination.

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. as follows:

a) The case of the consent of the application directly to the Court, the Institute for Examination Of Consideration, the proposed resolution, the Court, the Institute of Examination, on the day, month, year of receiving the motion. The day of the appeal offer is the day of the Court, the Institute of Appeals has the authority to receive the offer.

b) The proposed application case is sent to the Court, the Institute of Examination Has Jurisdiction to review, addressing the petition through the postal line, the Court, the examination of the checkbook on the day, month, year of receive issued by the postal worker and the date of the postal mark. The sending. 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 case does not specify dates, months, years according to the post office stamp that the execution is as follows:

b.1) The case of the Court date, the Institute for Examination Has Jurisdiction to review, addressing the proposed application issued by postal worker that the specified deadline at 1 Article 211 of TTHC Law remains the day the appeal recommended 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 of Examination has the authority to review, addressing the proposed application filed by postal personnel transferred to the specified deadline at 1 Article 211 of TTHC Law. Providing the date of the request to the post at the post office.

When the date of the request was given at the post office, the date of the appeal 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 recommended appeal is the date of 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. So the Court, the Institute for a review, is as follows:

a) Notice for the incumbent on the request of the amendment, the addition of the petition, the addition of the verdict, the Court's decision to have the legal effect, the document, the evidence attached to the deadline for no more than 30 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. Communicating directly or sent through the postal route must be signed into the tracking and stored book 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 appeal is the day of the Court, the Institute of Examination received the first motion of the first person, or the date of the post office submitted at paragraph 2. And that's paragraph 2 Article 5 of this link.

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 Court of Appeal has jurisdiction in which the Court, the Institute for Examination Of the Office for the incumbent on the return of the motion, documents, evidence, and no application has been asked, except for the objective of the objective.

d) The right-to-base case states that the Court, the Institute for Inspection Returns the uncorrect proposal under the provisions of the TTHC Law and guidelines on this Citizenship Code, have the right to complain about the return of the offer. The complaint and settlement of the complaint was made as stipulated in Chapter XVII of the TTHC Law.

What? 4. Handling the proposed application case and the document, the evidence accompanied by the individual, agency, other organization moved to

1. In the statute of limitations under Article 211 of the TTHC Code, the Court, the Institute of Examination received the recommended application, document, the accompanying evidence of the incumbent, the agency, the other organization moving 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 application of the offer and the document, the accompanying evidence of the individual, the agency, the other organization to move in without sufficient conditions under the guidelines of this relevant information, the Court, the Security Council announces the proposal, documents, It is accompanied by the contemporary and the current execution of the right instructions on the one Article 1 of this link; at the same time, the announcement to the individual, the agency, the organization has passed the offer.

What? 5. Handling the proposed application case and the 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 Court, the Court, the Institute of Examination explained that the person applied to the competent authorities in accordance with the rules. 212 Laws. If the incumbent still offers to be filed in the Court, the Institute of Examination Has No Jurisdiction, the Court, the Court of Examination, confirmed the date of the application to the petition and the application to the Court, the Institute of Examination has the authority to review it. I mean, alone, inform the incumbent. 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, the Court, the Court, the Security Council receives the order to confirm the invoice date on the offer. move to the Court, the Institute of Examination Has Jurisdiction to review, address the application and inform the incumbent. The date of the appeal 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 confirms the offer, review, application receptor, and return the proposed application.

In the 7-day period of work, since the day of the Court, the Institute of Examination has the authority to receive a petition, 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 under Article 211 of the TTHC Code and had all the conditions under the guidelines at 1 Article 1 of this, the Court, the Institute of Examination, and the application of the application. The certificate of receiving a petition is recommended by the procedure of the judge (later called a Certificate of Consent Certificate) for the person in Form 05 issued by this same term.

2. The case of the Court, the Institute of Examination received the recommended application at the expiration of the statute of limitations under Article 211 of the TTHC Code, the Court, the Institute for Examination Of the Public Information Act by returning the petition to the incumbent and stating the reason for the return of the motion. For you. 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 signed into the tracking book.

What? 7. Issuing a certificate of receiving the offer in the event of the person submitting multiple proposals on the same sentence, the Court ' s decision has taken effect.

In the course of the 01-year period, since the day of the verdict, the decision to take effect on the law, for which to send many proposals on the same sentence, the Court's decision has been in effect, the Court, the 101st-only examination. For you.

What? 8. Recommend research and case files

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 record, review, document collection, evidence must be clarified whether or not there is a base to appeal under the procedure of the jurisdiction of regulation at Article 210 of the TTHC Laws.

What? 9. Engage 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 Court is responsible for the certification of evidence, which is responsible for the certification of the evidence.

2. The person with the authority to appeal has the right to claim, personally, the agency, the organization of the document, the evidence stipulated at Article 78 of the TTHC Law.

3. The gathering of the document, the evidence is done according to the regulation of the administrative proceedings law.

What? 10. Transfer the case file, inform the results of the review, resolve the proposed application 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 03 /2012/TTLT-VKSNDTC-TANDTC October 8, 2012 of the Supreme People's Court, the Supreme People's Court is instructed to enforce certain provisions of the TTHC Act for examination of the law in administrative proceedings.

2. The case of the Court or the Institute of Examination has a written notice of non-appeal sent to the incumbent or the individual, the agency, the other organization stipulated at paragraph 2 Article 211 of the TTHC Law and sent a copy to the Institute for Control or Court on the same level.

What? 11. The form, text content announcement of the non-appeal and the decision to appeal 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 in accordance with Article 214 of the TTHC Law and the Form 08 issued by this Article.

What? 12. The treatment for the offer in case has had a written notice of non-appeal by the Court, the Institute for Competent Inspection.

1. The case with a written notice of non-appeal, which continues to suggest a review of the verdict, decided to have the effect of the Court 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. Document processing specified in paragraph 2 Article 211 TTHC Code

1. The notice case does not have sufficient content in accordance with this Article 2 Article 1 of this system, the Court, the Institute for Inspection Of Notification for the individual, the agency, the organization requesting the amendment, the addition of the notification text for no more than 30 days, since the date received notice. The notification requires a revision, supplematuation of the notification text must be made of written license by Form No. 04 issued with this Relevant Information.

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 process 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 notification text at the request of the Court, the Institute for the Guidance Inspection at paragraph 1 This is the Court, the Institute of Police has not yet considered, addressing the notification text.

Chapter II

SOME REGULATIONS ON RETRIAL PROCEDURE

What? 14. The application considers the verdict, the Court 's decision to have a legal effect under the procedure of retrial procedure at 1 Article 234 TTHC Law; the Court' s notification text, the Institute of Examination or the individual, the agency, the other organization for the right to protest. I'm going to pay you two things.

1. The proposal to review the verdict, the Court ' s decision to have the legal effect under the retrial procedure (the following call for a retrial procedure) stipulated at 1 Article 234 The TTHC Law must be made in accordance with the Form 02 issued by this Commission. 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 234 TTHC 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 verdict, the Court ' s decision to have the legal effect that the Court, the Institute of Examination Detection has 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. Sending, receiving and handling the retrial application

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

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. A Article 239 of the TTHC Code, 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 15-day period, since the date of the death of the case, the Supreme People's National Police Service has to return a case file to the Supreme People's Court.

What? 17. The session opening session and the announcement of opening session review session, recommended by regulation at 3 Article 239 TTHC Laws.

1. In the 30-day period, since the day 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 of the Supreme Court of the Supreme Court by decree of three 239 TTHC Laws.

2. The Supreme People ' s Court informed by text of the opening session of the session to review the petition, which recommended the stipulation at 3 Articles 239 TTHC for the Academy of the Supreme People's Control.

What? 18. The component attended the session of the Supreme People ' s Court of Appeals for consideration of the petition, recommended by regulation at 3 Articles 239 TTHC Laws.

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 at the expense of four Articles-239 TTHC.

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, which offers to follow regulation at 3 Articles 239 TTHC.

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 Supreme People 's Office of the Supreme People' s Court, the Supreme Court of the Court of the Supreme People 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) The petition of the petition, the base of the petition;

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 Institute must be shown in writing, signed by the Supreme People' s Institute for the Supreme People 's examination and must be sent to the Supreme People' s Court for a period of 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. Announcing the results of the session review review, the offer to review the decision of the Supreme People ' s Court Justice Council.

In the 5-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 People ' s National Security Council. 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 organization.

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 to the Supreme Court in accordance with Article 5 Article 19 of this Article, the Chief Justice of the Supreme People' s Court held the study of the case file, Verification, document collection, evidence in 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. For a period of 4 months, since the date of receiving the request of the Standing Committee of the National Assembly stipulated at paragraph 2 Article 239 of the TTHC Law or since the date of the decision of the Supreme Court of the People's Court by the guidelines of 5 Articles 19 The Supreme Court of the Supreme Court of Justice shall open the session to review the decision of the Supreme Court of the Supreme Court.

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 death of the case, the Supreme People's National Police Service has to return a case file to the Supreme People's Court.

What? 23. 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 People ' s Court of Appeals stipulated at 3 Articles 239 TTHC Law and give a view on whether or not to violate the serious law. The new or new circumstances can alter the basic decision content of the Supreme Court Justice Council and the opinion of solving the case.

2. The statement from the Institute of Ministers of the Supreme People 's Control 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 a period of 5 working days, since the end date Session.

What? 24. 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 one of the decisions stipulated in paragraph 3 Article 240 of the TTHC Code, the Supreme People ' s Court sent a decision to the Permanent Committee of the National Assembly, the Judicial Committee of the National Assembly, the Institute of Justice. The Supreme People's Court, the People's Court, settled the case and the officers.

Chapter IV

EXECUTION CLAUSE

What? 25. Performance Performance

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

2. For cases of recommended appeals by the director of the jury, retrial from the date of the Administrative Litigation Act valid to this date of the President is valid for which the Court, the Institute of Supervisor has been rational, but unresolved. There ' s no documentation, evidence, proof of the sentence, the decision of the Court to have a violation of the law, or the newly discovered situation that could alter the basis of the sentence, the Court, the Court, the Court, the Court, and the Court. The request for the addition of the document, the evidence in the direction of this President of the Union, and the application of this relevant information to resolve.

What? 26. Interpretation, Guide to the Supplements of the Information

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

KT. The Supreme Court of the People.
Deputy Chief Justice.

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

(signed)

(signed)

Nguyen Son

"The humble".