Circular 01/2014/ttlt-Tandtc-Vksndtc-Btp: A Guide To The Implementation Of Article 32A Of The Code Of Civil Procedure Was Amended And Supplemented By The Law On Amendments And Supplements To Some Articles Of The Code Element.

Original Language Title: Thông tư liên tịch 01/2014/TTLT-TANDTC-VKSNDTC-BTP: Hướng dẫn thi hành Điều 32a của Bộ luật Tố tụng dân sự đã được sửa đổi, bổ sung theo Luật Sửa đổi, bổ sung một số điều của Bộ luật Tố ...

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CIRCULAR guiding the implementation of Article 32a of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform application of the provisions of Article 32a of the code of civil procedure was amended additional, according to the law amending and supplementing some articles of the code of civil procedure is the Congress of the Socialist Republic of Vietnam XII, session 9 through January 29, 2011, the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate Minister of Justice unification guidelines as follows: article 1. Scope this circular guiding the implementation of the provisions of Article 32a of the code of civil procedure was amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure is the Congress of the Socialist Republic of Vietnam XII session 9 through January 29, 2011 (hereinafter abbreviated as CPC) about the jurisdiction of the Court in reviewing individual decision clearly contrary to the law of Agency, organization, the Agency's authority, the organization that violated the rights, legitimate interests of litigants in civil cases in which the Court has a duty to solve.
Article 2. Determine the particular decision clearly contrary to law 1. Individual decision clearly contrary to law may be the Court consider cancellation when resolving civil if there is enough of the following conditions: a) individual decisions is the administrative decision is prescribed in paragraph 1 Article 28 of law of administrative procedure and instructions at point a and b of paragraph 1 article 1 resolution No. 2/2011/hdtp on July 29, 2011 The Council of judges of the Supreme People's Court to guide the implementation of some provisions of the law on administrative proceedings.
b) individual decisions to be issued incorrect jurisdiction, procedure, law content infringe the rights, legitimate interests of litigants in civil cases in which the Court is to have the task to solve.
2. The Court consider cancellation of individual decisions clearly unlawful when litigants have requested in writing or presenting the request in court during the Court resolved the case.
Article 3. Form of request to cancel individual decision clearly contrary to law of litigants requires individual decision left the law clearly follow the following form: 1. The request is expressed in the petition civil case, the petition to settle civil or independent claim. Civil petition, petition to settle civil or independent claim to require individual decision according to the provisions of article 105 of the administrative proceedings Law.
2. where the litigants presented the request in court, then the Court has the responsibility to set the minutes. The minutes must be signed by the judge and litigant.
3. where the litigants asked at the trial shall be recorded in the minutes of the trial.
Article 4. Resolve the request to cancel the decision clearly unlawful fishing of litigants at trial at the trial at first instance demanded new litigants decide individual clearly unlawful, the Court consider the request to cancel the decision clearly unlawful fishing of litigants have no basis , does not accept the request of the litigants. Case basis, then the Court pursuant to article 1, paragraph 199 CPC to delay the trial and give the Agency, organization, authority of the agency or organization has issued the decision clearly unlawful fish that join the proceedings and addressed as a rule civil procedure law.
Article 5. Time limits the Court not apply time limits prescribed in the law on administrative proceedings when considering request to cancel individual decision clearly contrary to law.
Article 6. Advance of court fees, court fees litigants are not filed with the court fee and advance without charge for individual decision requirements clearly unlawful.
Article 7. Determining the jurisdiction of the Court to cancel the decision clearly unlawful fishing 1. The determination of the jurisdiction of the Court when litigants have asked the Court to cancel the decision clearly fish is unlawful is made according to the provisions of article 29 and article 30 of the law on administrative proceedings and instructions at article 4 of resolution No. 02/2011/hdtp on July 29, 2011 Council of judges of the Supreme People's Court passed a number of regulations of the law on administrative proceedings.
2. the following cases when the Court-level people were accepting civil litigants the additional new requirements clearly fish decision is unlawful because the Agency, organization, the Agency's authority, the organization specified in article 30 of the law on administrative proceedings and issued under the authority of the provincial people's Court , the level people's Court decision to move the records to the provincial people's Court solved according to the jurisdiction rules of the CPC.
3. in case when the provincial people's Court has a civil case but in the process of settlement, see individual decision clearly contrary to law or decide individual jurisdiction-level people's Court under the provisions of article 29 of the administrative proceedings Act, the provincial people's Court continued to resolve the incident.
4. in case when the provincial people's Court has a civil case but in the process of settling litigants to withdraw the request to cancel the decision clearly unlawful fishing or the fish decision clearly contrary to law amendments, cancellation of the decision, the provincial people's Court continued to resolve the incident.
Article 8. Identify the authority in the case of litigants have demanded a clear individual decision left the law in civil cases, and there is a complaint or petition the administrative case in the process of resolving the civil, if litigants have demanded individual decision clearly contrary to law , then the Court must ask litigants to clarify on the outside of this request, the litigants have a complaint under the law to complain or sue the administrative case under the provisions of the law on administrative proceedings or not.
Cases of litigants have a complaint under the law to complain or sue the administrative case against that particular decision, then the Court Guide litigants as follows: 1. in case of individual decisions concerning a person which that person may request the cancellation of the decision clearly unlawful fishing in the civil case that the Court is addressing at the same time there is a complaint to the person who has the authority to resolve the complaint or petition the administrative lawsuits in courts of competent jurisdiction with respect to that particular decision, then the Court asked litigants to do text selection form addressed to individual decision to affirm the complaint to the person who has the authority to resolve the complaint , or administrative lawsuits in courts of competent jurisdiction, or request to cancel that particular decision in the civil case. If litigants do not do text selection, then the Court must set the minutes about the litigants do not choose the form of settlement.
Within five working days from the date of receiving the written request of the Court, if the litigants have no text selection form addressed to individual decisions or text selection continue to appeal to the person who has the authority to resolve the complaint or administrative lawsuits in courts of competent jurisdiction , that the resolution to this particular decision has a direct influence on the resolution of the civil case in which the Court is considering the deal, then the Court pursuant to the provisions in paragraph 4 to article 189 CPC to decide to temporarily suspend the civil, wait for the results to resolve the complaint or the outcome of the case against administrative decisions particular it. The Court must send immediately decided to temporarily suspend this for litigants, who has the authority to resolve the complaint or the Court is addressing the administrative case against that particular decision and the people's Procuratorate at the same level.
If litigants request option to cancel individual decisions in civil cases, the Court asked litigants who do withdraw the complaint or withdraw petition the administrative case and proceed to the civil authority, at the same time, the Court is addressing the civil case must notify the person who has the authority to resolve the complaint or Court projects for resolving the Administration for that particular decision said.
2. where individual decisions are relevant to many people that only a civil case the petitioner, at the same time there is a complaint to the person who has the authority to resolve the complaint or sue the Government case in court have jurisdiction with respect to that particular decision, others rest not litigated civil case and also not to complain to the competent right to complaint resolution or administrative lawsuits in courts of competent jurisdiction, then the jurisdiction is defined as cases are instructions in paragraph 1 of this article.
3. in case of individual decisions related to the many people that have the petitioner for civil cases, someone has a complaint to who has the authority to resolve the complaint, have the petitioner administrative lawsuits in courts of competent jurisdiction, the Court set the minutes and requires the written agreement of litigants choose form addressed to individual decisions to affirm the will continue to appeal to the person who has the authority to resolve the complaint, or the administrative lawsuits in courts of competent jurisdiction, or suggested resolution in the civil case.
Within five working days from the date of receiving the written request of the Court, if the litigants do not deal or no deal is about choosing the form of settlement for the individual decision or the litigants to appeal option agreement authority to resolve the complaint or sue in administrative cases against individual decisions that the Tribunal, pursuant to paragraph 4 to article 189 CPC to decide to temporarily suspend the civil, wait for the results of complaint resolution, the outcome of the case at the Administrative Court of competent jurisdiction. The Court must send immediately decided to temporarily suspend this for the litigants, who has the authority to resolve the complaint or the Court is addressing the administrative case against that particular decision and the people's Procuratorate at the same level.

If the litigants resolve option agreement for individual decisions in civil cases, the Court asked litigants who do withdraw a complaint, petition the administrative lawsuits and resolve the incident by the authority, at the same time, the Court is addressing the civil case must notify the competent person is addressing complaints and Court projects for resolving the Administration for that particular decision said.
4. The choice of the form of the resolution with regard to the decision of the particular litigants must be made in writing.
If direct litigants to court presented the selection form addressed to individual decision, the judge or court clerk established the minutes signed by the judge or the clerk of court and litigants.
If litigants send text selection form for solving individual decision by post, the litigant must sign this document and have the endorsement of the competent authority under the provisions of the law.
Article 9. The right and obligation to participate in the proceedings of the Organization, agency, the Agency's authority, the Organization issued individual 1. Immediately after receiving the request to review the decision to cancel the individual clearly unlawful, the Court must send a notice to the Agency, organization, the Agency's authority, the Organization issued individual know about that particular decision was required. Within a period of fifteen days from the date of the notice of the Court, agency or organization, the Agency's authority, the Organization issued the decision that individual must submit to the Court the text of his comments with respect to the request to cancel that particular decision and documents , and evidence (if any).
Agencies, organizations, the Agency's authority, the Organization issued individual has the right and obligation to participate in the proceedings at the request of the Court as a person of interest, related obligations under the provisions of the CPC.
2. The Agency, organization, the Agency's authority, the organization is obliged to provide documents, documents related to individual decision left the law clearly requires the relevant cancellation in civil cases are resolved at the request of the Court.
Article 10. Effect 1. This circular is effective from March 3, 2014.
2. for the civil case was the Court accepting the previous day this circular effect, but since the day this circular effect new resolve according to the procedure of first instance, appeal, Cassation, retrial shall apply this circular to solve.
Article 11. The interpretation, additional instructions circular In the implementation process, if there are problems that need to be explained or additional instructions, the people's Court, people's Procuratorate, local agencies, organizations, personal reflections with the Supreme People's Court, the Supreme People's Procuratorate , The Department of Justice to explain, additional instructions promptly.