THE RESOLUTION.

Instructions for the implementation of a number of regulations in the second section " The procedure of resolving the case at

The Court of Appeal " of the Civil Procedal Code was amended, supplemated by

The amended law, added some of the provisions of the Civil Procedal Code.

________________________

THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES

The Law of the People's Court.

To enforce the right and unify the regulations in the second section "The procedure to resolve the case at the Court of Appeal" of the Civil Procedal Code was amended, supplematuation. The amended law, which complements some of the provisions of the Civil Procedal Code on March 29, 2011 (later abbreviated as BLTTDS) ()

After the unification of the Institute for the Supreme People's Control and Minister of Justice,

DECISION:

What? 1. The adjustment range

This resolution guides the implementation of some of the provisions of the BLTTDS aimed at ensuring the correct implementation and the second section "The procedure to resolve the case at the Criminal Court" of the BLTTDS. .

What? 2. Rights of initiation of regulation at Article 161 of BLTTDS

When it comes to finding the need to launch a case in the Court with jurisdiction to request protection of its right and legal interests, then the individual, the agency, the organization must make the final order stipulated at 2 Article 164 of the BLTTDS and should be distinguished as follows:

1. For individuals with the full capacity of civil litigation, it is possible to either voluntarily or by others as a case of the case. At the name of the name, the address of the starter in the single must write them the name, address of that individual. At the same time, at the last part, that individual must sign or point.

2. For the individual who is from enough fifteen years of age to less than an eighteen-year-old who does not lose the capacity of civil conduct, is not restricted to the civil action force that has entered labor under labor contracts or civil transactions with his own property, it may be possible. It is or by other people to make a lawsuit against the case of the dispute concerning the labor contract or the civil transaction. At the name of the name, the address of the starter in the single must write them the name, address of that individual. At the same time, at the last part, that individual must sign or point.

3. For individuals who are not juvenile (unless the case is directed at this 2 Article 2), the loss of the ability of civil conduct, who is restricted to civil conduct, then their legal representative (represented by law) may or may not be able to do so. I'm sorry, thanks to someone else to get a lawsuit filed. At the name of the name, the address of the person in the application must write their name, the address of the legitimate representative of that individual. At the same time, at the last part, that legal representative must sign or point.

4. For individuals of the specified case at paragraph 1, 2 and 3 This is You can't read, you can't see, you can't. As a lawsuit, you can't sign a name or a point if you can ask someone to make a case to the case and have a witness. The witness must sign a confirmation of the lawsuit and the contents of the lawsuit filed in front of the person with the endorsement authority of the Social People's Committee. He has the authority to testify. of the Social People ' s Committee certification in front of the starter and the witness .

"The witness" in this case must be the full force of civil proceedings stipulated at Article 57 of the BLTTDS.

5. For the agency, the organization, then the legitimate representative of the agency, that organization may or may be asked by others to make a case for the case. In the name, the address of the starter must name the name, the address of the agency, the organization and the name, the office of the legitimate representative of the agency, that organization. At the same time, in the final part, the legitimate representative of the agency, the organization must sign the name and stamp of the agency, that organization.

The agency's legal representative case, the organization that carried out the case, was at the "Name, address of the organizer" after the name, the address of the agency, the organization, the name of the name, the office of the representative under the agency's law, I don't know. At the "The Starter" Section at the end of the lawsuit is required to write the name of the agency, the organization, the officer 's office according to the agency' s law, the organization; the representative under the agency ' s law, the signing organization, noted them, the name of the French representative. the law of the agency, the organization and the stamp of the agency, the organization.

In the case of the agency's legal representative, the organization for others to perform a case of the case, the name, address of the organizer, after the name, the address of the agency, the organization, the name of the name, the name of the name, the office of the agent. according to the authority of the agency, that organization, the authorized text (number, day, month, year) and the title of the representative under the authority of the agency, the proxy organization. At the "Starter" Section at the end of the lawsuit is required to write the name of the agency, the organization, the writing of the "proxy representative"; the representative under the commission of the signor, ensign them, the name of the representative under the authority and stamp of the agency, the organization.

In case of representative office, the branch of the legal entity that carried out the case of the case arise from the transaction issued by the representative office, the executive branch, then at the "Name, address of the organizer" after the name, the address of the agency, the organization, must write them the name, the office of the head of the representative office, the branch of the legal branch, the authorized text (number, date, month, year) and the title of the representative under the law of the authorized legislation. At the "Starter" Section at the end of the lawsuit needs to take the name of the legal, the office of the head of the representative office, the branch of the legal branch; the head of the representative office, the branch of the law clerk; writing them, the name of the head. Representative office, branch of the law. The stamp of the legal or the stamp of the representative office, the branch of the law.

6. When the test is eligible for the case, the identification of the plaintiffs in the case is done as follows:

a) For the case being directed at paragraph 1 and paragraph 2 This, the plaintiffs in the main case are the starter;

b) For the case to be directed at paragraph 3 This, the plaintiz is a juvenile, the loss of the ability of civil conduct, who is limited to the capacity of civil conduct. Because these people have no capacity to conduct civil proceedings, their legitimate representatives exercise the right, the prosecution's case in court;

c) For the agency, the organization is instructed at paragraph 5 This, then the agency, the prosecution organization is the plaintim in the case. The representative under the law or under the authority to participate in the proceedings, exercise the rights and obligations of the agency, the organization is the plaintim.

What? 3. Q a civil court case to protect the right and legal interests of others, public interest and the interests of the State specified at Article 162 of the BLTTDS, the United States.

1. Agency, the organization has the right to initiate a civil case to ask the Court to protect the public interest, the interests of the State specified at 3 Article 162 of the BLTTDS when there is full of the following conditions:

a) Agency, that organization has missions, powers in the implementation of state management functions, social management of a certain field;

b) Public interest, the interests of the State need to require the Court of Protection to be in the field due to the agency, that organization in charge.

For example 1: The Environment and Natural Resources Authority has the right to initiate a civil case to ask for the Court to compel the individual, the agency, the organization that pollers the environment to pay damages, rectify the incidents of public environmental pollution.

Example 2: Agency for Culture-Information is entitled to initiate a civil case in order to ask for the Court to compel the individual, the agency, the organization whose behavior violates the cultural heritage of the civilian property to compensate for the damages caused by the offence.

2. When the test is eligible for the organ's rationing, the organization begins under regulation at Article 162 of the BLTTDS, the identification of the plaintiffs in the case is done as follows:

a) For the case of the agency of the population-family and children, the Women ' s Union sued the case of marriage and the family the plaintiffs were:

A1) The person is given the body of the population-family and children, the League of Women who initiated the case to ask the Court to compel the non-voluntary person to carry out the obligation to carry out the obligation in accordance with the provisions at paragraph 3 Article 55 Marriage and Family Law;

The child is given the body of the population-family and children, the League of Women who started the case in order to ask the Court to determine the father, mother to the juvenated child, the teenager who lost the capacity of the civil rights to the 3 Articles 66 Marriage and Family Law. family;

A3) The father, mother was given the body of the population-family and children, the Women's Union who started the case in order to ask the Court to determine the child's child, the loss of the civil force of the civil law at 3 Articles 66 Marriage and Family Law.

b) For the case of the upper-level union of the criminal union the case of labor disputes to protect the legal rights and interests of the worker collective, the plaintiffs are the collective human rights and the legal benefits protected;

c) For the case of the agency, the organization that starts the case requires the Court to protect the public interest, the interests of the State, the primary plaintiffs are the agency, the organization that starts the case.

What? 4. Range of induction of regulation at Article 163 of BLTTDS

It is considered to be "a lot of relevant law relations" to resolve in the same case when belonging to one of the following cases:

a) The settlement of this law of law requires the resolution of another law of law;

For example, A lawsuit requires the Court to force B to return the right to land use. At the same time, A lawsuit requires the Court to force C to remove the work that C had built on that land.

b) The settlement of legal relations with the same person and the same type of dispute stipulated in a corresponding law at one of the terms 25, 27, 29, and 31 of the BLTTDS.

For example, A lawsuit requires that the Court to force B to repay the debt of 100 million. At the same time, the A required the Court to force B to return the car to which the B rented was due to the expiration of the lease.

What? 5. Form, single-event content specified in Article 164 of the BLTTDS.

In order to ensure the correct and unified case, the Tribunal requires the origination of a lawsuit by Form 01 issued by this resolution. The court must be publicly listed at the launch of the lawsuit and instructs the use of the application form.

What? 6. The document, evidence attached to the specified boot order at Article 165 of the BLTTDS

In principle, when the application is filed for the Court, the prosecution must submit to the document, evidence to prove they are the right to the prosecution and their requirements are based and legal. However, in the case for objective reasons, they were unable to submit to the full documentation, the evidence, and the evidence initially proved to be based. The documents, other evidence, the starter had to supplement or supplement the Court's request in the process of solving the case.

Example 1: When submitting a lawsuit to the Court requesting the divorce settlement (registration of legal marriage), raising the child, dividing the property, then on the principle of the starter must be submitted with full of documents, evidence of marital relations, children, the common property of his wife. the husband; if they have not been able to fully submit the documents, this evidence, together with the lawsuit, they must send a copy of the marriage certificate, the copy of the child's birth certificate (if there is a dispute over child custody).

For example, 2: When a lawsuit is filed for the Court to ask for a contract dispute, a lawsuit must be submitted with a disputed contract copy, bill payment bills, asset receipt, liquoralization, etc.; if they have not submitted enough documents, Hey, let's go with the lawsuit. They have to send a copy of the contract.

What? 7. Procedure of induction of regulation at Article 167 of BLTTDS

1. The court must have the application book to write the date of the recipient ' s application as the base that determines the date of the start.

2. The Tribunal performs the recipient ' s application procedure as follows:

a) The case of direct applicants filed in the Court by statute at the point of a 1 Article 166 of the BLTTDS, then the Court of the Day, the month, of which the condemned is filed in the application book. The date of the event was specified as the filing date.

b) The case of the application of the application to the Tribunal by the post office at the point b of 1 Article 166 of the BLTTDS, then the Court is dated, month, year of receive issued by the post office, and the date, month, year of the single day, month, year marked Post office, post office. The envelope with a post office must be attached to a lawsuit. The date of the event was determined to be the date of the post office. In the absence of the date, the month, the year according to the envelope on the envelope, the Court must note in the application register as "undefined date, month, year of post". In this case, the date of the event was determined to be the day the Court received the application issued by the post office.

c) The court must either write (or stamp out the recorded single) date, month, year of receiving a single in the upper left corner of the boot order.

d) The submission of evidence at the time of the submission or submission of a lawsuit is carried out in accordance with instructions at Article 4 Resolution No. 4 04 /2012/NQ-HTP 03-12-2012 of the Supreme People ' s Court of Judges guidelines The implementation of a number of regulations on the "Provisions and Evidence" of the Civil Procedal Code has been amended, supplemally under the amended Law, which complements some of the provisions of the Civil Code.

After receiving the lawsuit, the Court issued a petition to receive a lawsuit filed for the starter; if the Court received the order to send through the post office, the Court sent the papers to receive a lawsuit to inform the starter.

3. Shortly after receiving the lawsuit, the allocation of the user review review was done as follows:

a. To the District People's Court, the district, the town, the city of the province. (the following is called the District Court.) Oh, then the Chief Justice or Deputy Chief Justice is assigned to the Chief Justice for a Judge reviewing the lawsuit;

b. For the Provincial Court of the People of the Province, the central city of the central city (later known as the Provincial Court) Oh, then the Chief Justice or Deputy Chief Justice is appointed by the Chief Justice, the Chief Justice or Deputy Chief Justice of the Chief Justice of the Chief Justice for a Judge reviewing the lawsuit.

4. During the five-day period of work, since the date of receiving the lawsuit, the judge is assigned to consider the lawsuit must have one of the following decisions:

a) Progress procedure procedure, if the case is under its jurisdiction under the regulation at Article 171 of the BLTTDS and guidelines at Article 10 of this resolution;

b) The motion filed for the Court with authority and written notice to the originer know. The procedure procedure procedure is carried out by regulation at Article 37 of the BLTTDS and guidelines at Article 10 Number Resolution. 03 /2012/NQ-HTP 03-12-2012 of the Supreme People ' s Court of Appeals. guidelines for the implementation of several regulations at the First Section "General Regulations" of the Civil Procedenal Code have been amended, supplemated by The law of the law, and the provision of a number of the ordinances of the law,

c) Return a lawsuit for the starter, if belonging to one of the specified cases at Article 168 of the BLTTDS and instructions at Article 8. of this resolution and the written notice to the starter.

What? 8. Return the lawsuit, the consequences of returning the specified startup at Article 168 of the BLTTDS.

1. The starter does not have the right to sue as one of the specified hosts at Article 161 and Article 162 of BLTTDS and guidelines at Article 2 and Article 3. of this resolution.

The unqualified starter of civil litigation is the one who does not have the ability to exercise the right to the civil rights, the civil court or the mandate for the representative to participate in the prescribed civil proceedings at Article 57 of the BLTTDS.

2. There is not yet sufficient condition to be a valid or legally defined case for the conditions to be sued (including the form of formal form, content of the event), but at the same time a lack of one of those conditions is missing.

Example: As stipulated at Article 135 of the Law of Land, the land dispute must pass through the mediation procedure at the People's Committee, the ward, the town where the land is disputed. As a result, since 1 July 2004 (the day of the Law of the Land is enforced), the Court is considered, and the land dispute has been reconciled at the People's Committee, the town, and the town. The case for land disputes has not yet been reconciled at the People's Committee, the ward, the town, then the Court is on the stipulation at the order of 1 Article 168 of the BLTTDS to return the order and the incumbent to conduct the reconciliation procedure at the People's Committee. Township, ward, town where the land is disputed.

For example 2: In the lawsuit, the plaintim did not write the correct address of the defendant, although the Court asked for the addition but it was too long due to the Court of Inquisition that the plaintim remained unsupplemable.

For example 3: Company A and Company B sign the contract to purchase the sale of goods, which deals with the settlement of the contract dispute with the Referee. Upon the birth of the contract dispute, the Company A sued the Company B in the Court before requiring the arbitration to resolve the dispute. The court found that the arbitration agreement between the parties was legal under the provisions of the Commercial Arbitration Law the Court Based on the regulation at D 1 Article 168 of the BLTTDS to return the lawsuit and instruct them to conduct a dispute resolution at the Referee.

3. When determining the conditions of the civil case that the subject of the event is the right to use the land, the execution is as follows:

a) For the right to the right to use land, it must be reconciled at the People's Committee, the ward, the town where the disputed land is prescribed at Article 135 of the Law of Land.

b) For the dispute concerning the right to use the land as: the dispute over the transaction concerning the right to use the land, the dispute over inheritance rights to the land, dividing the common property of the spouse being the right to use the land, etc. then not to conduct reconciliation at the Committee. The townsfolk, the townsfolk, the town where the land is disputed but still must carry out the procedure of reconciliation as defined by the BLTTDS.

4. The case not under the jurisdiction of the Court of Justice is the case not part of one of the stipulated disputes at the terms 25, 27, 29, and 31 of the BLTTDS.

5. The repayment of the order must be written by the Court of the Press and the Institute for the Inspection Jointly; in which it is necessary to specify the reason for the return of a lawsuit filed under Article 168 of the BLTTDS. This message can be delivered directly or sent to the starter via the post office. The delivery or sending of this message must be tracked.

6. Clause 1 Article 168 of the BLTTDS has dropped the base for a lawsuit due to the end of the launch period, so the Court is not removed due to the end of the launch period in order to return the lawsuit.

In the previous case, the Court returned a lawsuit filed for the reasons the deadline was expired, and the Court granted the case, and it was required to file a fee if it was not exempt from the rule of law.

When the case has been filed, the court's decision requires or suspended for the reasons the deadline is over, then the BTTDS's 1-Article 168 Base Tribunal is to return the lawsuit and explain to them that they have the right to make a review of the case. according to the procedure of the jury, the verdict of the verdict, the verdict.

7. The applicant has the right to file a relaunch of the case when belonging to one of the specified cases at paragraph 3 Article 168 and points c, e, g paragraph 1 Article 192 of BLTTDS and regulated law texts.

" Other cases by law. " regulation at the d-point of 3 Article 168 of BLTTDS are cases in the unregulated BLTTDS but have been specified in other law-rule texts or after the BLTTDS has new enforcement effect prescribed in the law-rule texts. was enacted later or in the international treaties that the Socialist Republic of Vietnam was a member.

For example 1: The case of a Court of Reconciliation of the League shall be established as stipulated at Article 88 of the Law of Marriage and Family and has decided to recognize the agreement on the reconciliation of the union between the incumbent. At the time of the reunion, the reunions are at odds and have a divorce application asking the Court to resolve, then the Court of Law on Article 85 of the Marriage and Family Law for Rationing, addressing the common procedure.

For example, 2: The case of a court filed for divorce from the husband's divorce is pregnant or raising children under twelve months of age, the Court only passively asked the husband's divorce case in response to the stipulation stipulated at paragraph 2. Article 85 of the Marriage and Family Law.

What? 9. Request for revision, induction of a regulatory order at Article 169 of BLTTDS

1. When receiving a lawsuit or after receiving a lawsuit, the application of a lawsuit does not have sufficient content of the specified content at 2 Article 164 of the BLTTDS, it is subject to a revised request, the addition of a lawsuit required by the Court, which requires the initialuser to modify. sue for a deadline due to the Court of Inquisition, but no more than thirty days, since the day the condemned received the text of the Court requesting the amendment, the addition of the lawsuit. In the special case, the Court may extend further, but not more than fifteen days, since the date of the deadline is specified by the Tribunal.

2. The amendment request, the addition of a lawsuit must be made in writing, which must specify the problems that need to be modified, compleming the starter to know let them perform. This text can be delivered directly or sent to the starter via the post office. This delivery or delivery must be tracked.

3. The timing of the modification, the addition of unaccounted for the event, was not included. The date of the start is still determined to be the date of the lawsuit filed, if the starter filed directly at the Court or the date of the post office a post, if the lawsuit is sent via the post office.

4. After the amendment was amended, the addition of a lawsuit required by the Court, the Court continued the protocol of the case according to the general procedure stipulated at Article 171 of the BLTTDS. If the deadline is expired due to the Court of Inquisition that the unmodified, supplemated by the Court's request, then the Tribunal for 2 Article 169 of the BLTTDS returns the lawsuit and the document, the evidence attached to them.

5. The case in the lawsuit is not fully writable or on the correct name, address of the defendant; the name, address of the person with the rights, the relevant obligation, then the Court requires the start to record and the correct name, address of the defendant, You have the right, the obligation to do with it. If the starter does not, then the Tribunal for 2 Article 169 of the BLTTDS returns the lawsuit and the document, the evidence attached to them without being able to enter the case. The Court of Inquisition case was later decided to suspend the case with the reason "not to find the defendant's address" was not correct for the BLTTDS, as it was not one of the cases where the court decided to suspend the settlement. The rules of regulation at Section 189 of the BLTTDS. The court was not allowed to conduct an announcement by itself, as it was the duty of the incumbent.

6. For the case in a lawsuit that the starter has the specific record and the correct address of the defendant, of the person with the rights, the relevant obligation in accordance with the Article 164 BLTTDS, the guidate at Article 5 of this resolution and the Template. 1 issued with this resolution. But they don ' t have a stable residence, often changing the place of residence without notice of a new address for the lawsuit, for the Court, which aims to hide the address, evade obligations to the starter, which is considered the case of the lawsuit. We have rights, the obligation to involve an attempt to hide the address. The court has a case of resolving the case in accordance with the general procedure.

7. If the starter does not know or write not the correct address of the defendant, who has the right to gain, the obligation involved to write in the lawsuit, then they must perform the search for the defendant ' s address, who has the right, the related obligation.

What? 10. The case of regulation stipulated at Article 171 of the BLTTDS

1. In case the applicant does not file a fee for a fee in the fifteen days prescribed at paragraph 2 Article 171 of the BLTTDS because of the inpossibility event or the objective obstacle The time of the 2005 Civil Code was stipulated by the Civil Code 16161, when there was an unimpediable event or that the objective was not charged at the time of the filing of the fee.

2. The court must be appointed to the starter for a seven-day period, after the expiration of the fifteen-day period, since the date received the Court's paper on the filing of a fee, the applicant must submit to the Court of receipt for the filing of the fee. At the end of this deadline, the new starter filed for the Court of receipt for a charge of the fee. At the end of this deadline, the new starter filed for the receipt of the receipt for a fee, the following:

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

b) The case returned the lawsuit that the starter proved to be that they had submitted a charge of the correct deadline for the specified deadline, but because of the inpossibility event or the objective obstacle. And so they handed over the receipt of a fee to the Court for the wrong time, and the judge asked them to submit their charges, the documents, the evidence, and conduct the case according to the general procedure.

c) The case after the Tribunal returns the lawsuit, the new initialor pays for a charge to pay a fee and submit receipts to pay a fee for the Court, if not because of the adverse event or the objective obstacle. is considered filing a repetition, the judge asks them to submit the lawsuit, the documents, the evidence, and conduct the case according to the common procedure. .

3. End of the deadline to be directed at 2 This, the starter did not submit to the Court of receipt for a charge to pay the charges, the Court informed them of not being able to apply the case to the reason that they did not pay for a fee.

What? 11. The Judge resolution resolution of the prescribed case at Article 172 of the BLTTDS

1. The Chief Justice of the District Court can either self or mandate a Deputy Chief Justice to deliver a Judge addressing the case.

The Chief Justice of the Provincial Court may mandate a Deputy Chief Justice or a mandate for the Chief Justice or Deputy Chief of the Court of Justice to resolve the case.

2. When the Judge resolution addressing the case, it is necessary to continue to deliver the Judge who has made the case of the lawsuit filed and passively. This distribution is not decision-making.

3. For the complex case, the settlement may have to last, it is necessary to allocate more of the Reserve Judges to secure the constant trial.

What? 12. The right to request the prosecution of the prescribed defendant at Article 176 of the BLTTDS

1. Is considered to require a defendant ' s response to the plaintiz, for who has the rights, the relevant obligation to ask for independence if that request is independent, not with the requirement that the plaintip, who has the rights, the relevant obligation to ask for independence I'm asking the Court to settle.

For example, Yuan A has a lawsuit requiring the B to return a 2005 debt rent of five million. Defendant B required a bill A to pay for the damaged home repairs and the tax money used by the defendant for the plaintiffs was three million. In this case, the request of the B-defendant is considered to require a response to the single A.

2. Just consider the defendant 's opinion that is not required by the defendant' s response to the plaintiffs, for who has the rights, the relevant obligation to ask for independence if the defendant has requested the request of the plaintiffs, who has the rights, the relevant obligation to ask for independence (as the court order does not accept the plaintim ' s request, who has the rights, the relevant obligation to ask for independence Or accept only part of the order of the plaintiffs, who has the rights, the relevant obligation to ask for independence ).

For example, the plaintiffs C had a lawsuit requiring the Court to recognize ownership of a car and to be forced to return the D to the car. Defendant D has required the Court not to recognize this automobile owned by C which is either of its own or to recognize this car in common possession of C and D. This case, the request of the defendant D is not considered to require a response to the plaintiffs.

3. Request for a response to offset obligations with the plaintiz ' s request, who has the rights, the relevant obligation to ask for independence is the case with a single obligation to the plaintiffs, who has the rights, the relevant obligation to ask for independence And the plaintiffs. who has the rights, the relevant obligation to ask for independence is also an obligation to the defendant; therefore, the defendant requires the Tribunal to resolve to compensate for the obligation in which they must follow the request of the plaintim, who has the rights, the relevant obligation to ask for independence .

Example: See for example 1 Article 1 Hey. .

4. Requied the prosecution of the defendant to the exclusion of partial acceptance or the entire request of the plaintiz, who has the rights, the relevant obligation to ask for independence is the case with the defendant requesting a response to the plaintim, who has the rights, the relevant obligation to ask for independence and if that request is accepted, the exclusion of acceptance of partial or entire requirements of the plaintim, who has the rights, the relevant obligation to ask for independence No, because there's no base.

For example, A car has its own possession car sold to C, but tells the child (B is the child of A) is for C to lease every month of the million copper. Then A dead, B sued for C to pay the rent for a year to be sixty million. C has a request for a response to the Court to recognize the ownership of the car and to have a dispute. If the Court accepts a request for the Prosecation of C, it does not accept the entire requirement of B requiring C to pay the car rent.

5. There is a connection between the defendant ' s response and the request of the plaintiz, who has the rights, the relevant obligation to ask for independence is the case of these two demands that have a relationship with each other and if addressed in the same case, that makes solving the case more accurately and quickly.

For example, Sister M starts asking for the N to subsidim the adoption of the P a month and a month of hundreds of thousands of coins. Mr. N has a request for the prosecution asking the Court to determine that P is not your child.

What? 13. The procedure requires a response or an independent request stipulated at Article 178 of the BLTTDS

1. The procedure requires that the reaction or request of independence be made as the prosecution procedure of the prescribed plaintiffs at the terms 164, 165, 166, 167, 168, 169 and 170 of the BLTTDS and guidelines at the 5, 6, 7, 8, 8 and 9 of this resolution. .

2. In case the Court received the application of the defendant 's response to the defendant' s response or independence request, the obligation involved to resolve in the same case, then (the trial of the trial was determined from the date of the completion of the prosecution procedure, required). the independence bridge) the date of the case to calculate the deadline for the preparation of the case is defined as follows:

a) The case of being a defendant or a person with a right, the obligation to be involved is exempt or not filed for a fee, the case, the day that the case of the trial is the day the Court receives the application of the defendant's response to the defendant's response or the independence requirement of the person of the rights. The case with the documents, the evidence is attached.

b) The case of being a defendant or a person has a right, the obligation to involve paying for a fee, the day that the case is either a defendant or a person of interest, the obligation involved in the receipt for the receipt of the receipt for a fee.

For example: On 15 -3-2013, the Tribunal for the case of the case filed a lawsuit filed by the plaintiffs A. The court informed the trial of the case for defendant B. After receiving the announcement, on 31 March 2013, the B-defendant filed a complaint against the order A. The court proceeded to review the request for the response. On 15 April 2013, it was filed by the B-filed for the Court of the receipt for the charge of the charges. In this case, the case of the Court of Receptors was redefined as 15 -4-2013 (the court notes the case of the case in the case of the case in the case of the case). In the case of defendant B not to file a charge for a fee, the date of the trial of the case was redefined as 31-3-2013.

c) The case with multiple defendants requiring a response or having many people with the right to gain, the relevant obligation to an independent request, the date that the case of the case is determined as follows:

c1) Is the day the Court receives the application of a request for the prosecution or the application of the final independent request, if they are all in the case exempt or not paying for a fee, charges;

c2) As the date of the final submission to the Court of the receipt to submit a charge of the fee, if they are in the case to submit a fee for the fee.

What? 14. The statute of limitations stipulated at Article 179 of the BLTTDS

What? 179 of the BLTTDS rules on the statute of limitations; therefore, the specified deadline in this Article is calculated during the preparation of the trial. Depending on the specific case, the trial deadline is calculated as follows:

1. The case with the decision to take the case to trial.

a) If you do not have to renew the deadline for trial, then the deadline to be tried since the date of the Supreme Court ' s jurisdiction is:

-Four months for regulatory cases at Article 25 and Article 27 of BLTTDS;

-Two months for regulatory cases at Article 29 and Article 31 of the BLTTDS.

b) If you have to renew the deadline for trial, then the deadline to be tried since the date of the Supreme Court ' s jurisdiction is:

-Six months for regulatory cases at Article 25 and Article 27 of BLTTDS;

-Three months for regulatory cases at Article 29 and Article 31of BLTTDS.

c) In cases directed at point a and b point 1 This is that the trial is not open in a one-month term, since the date of the decision to take the case to trial for a legitimate reason, then the trial deadline for each case. The maximum addition is another month.

2. The case has a decision to suspend the civil case only.

In the case of a decision to suspend the civil case, the trial deadline is due to end on a provisional decision. The trial deadline is set to resume, since the day the court continued to resolve the case when the reason for the parole was no longer available.

3. On the extension of the preparation of the trial.

For those cases which are complex or due to the objective impediation at the point a and point b 179 of the BLTTDS that the most recent deadline (the trial of the remaining trial remaining no more than five days) the judge is assigned to address the case. that the complex case should not be able to make one of the decisions stipulated at paragraph 2 Article 179 of the BLTTDS, it is necessary to inform the Chief Justice of the Court to make a decision to renew the trial deadline. The extension of the trial deadline is not too long specified at the end of paragraph 1 Article 179 of the BLTTDS and instructions at the point b 1 Article. At the end of the deadline, the judge is assigned to resolve the case to make one of the decisions stipulated at Section 179 of the BLTTDS.

a) "Complicated Cases" are cases of multiple things, which are related to many areas; the case has multiple documents, there are conflicting evidence that each other needs more time to study the synthesis of documents that are in the case file or attend the case. The opinion of the specialized agencies or the need to monitor complex techniques; the cases where foreign people are overseas or the Vietnamese are residing, learning, working abroad, overseas assets that need to have time to delegate. Judicial falls for the military, foreign affairs of Vietnam ' s foreign affairs agency, for the Foreign Court, ... However, for the case to wait for the opinion of the specialized agencies, it is necessary to wait for the results of a complex technical review or need to wait for the results of the judicial mandate that ran out of trial preparation (including the extension time), then the Base Judge. At the end of the four, the BLTTDS's 4 Article 189 decision to suspend the civil case.

b) "objective obstacles" are the obstacles caused by objective circumstances such as: natural disasters, disasters, combat needs, combat service, etc. that make it impossible for the Court to resolve the case in the statute of limitations.

For example, the District Court of the District of X, the province of H in the mountainous region, has decided to take the case to trial, which set the date of the opening of the trial. However, two days after the opening of the trial, the flash flood occurred. The headquarters of the X District Court were damaged. As a result of the remediation of the flash flood, repairs to the headquarters, the X District People's Court was unable to conduct the trial in the statute of limitations.

c) "The main reason" stipulated at paragraph 3 Article 179 of the BLTTDS is understood as objectively, unforeseen, such as: A change, the redistribution of the person who conducts the proceedings is named in the decision to take the case to trial. who has the authority to have the authority who has not yet won the alternative; the case with complex properties has been tried multiple times at various courts, so there is no more Judge enough to conduct that case, but you have to move the case to the Court on trial or wait. The judge from the other court came, ... It should be obstruct the Court for the statute of limitations.

What? 15. Civil cases are not regulated at Section 181 of the BLTTDS.

1. "Property of the State" is understood to be a property in the form of state ownership stipulated at Article 200 of the Civil Code in 2005 and is governed under the provisions of section 1 Chapter XIII of the Civil Code in 2005.

"The claim to claim damages to the property of the State" is the case where the state property is damaged by law enforcement, due to the disabled contract, caused by a violation of civil service, ... caused and the person to be assigned to the owner to that state property. Request for compensation.

When the implementation of the procedure at 1 Article 181 of the BLTTDS needs to be distinguished:

a) The state ' s property case is assigned to the agency, the organization, the armed unit that manages, uses or invested in state-owned state-owned enterprises that exercise ownership through a competent authority, then when there is a request for compensation damages to the state government. This kind of property, the Court is not dissolved so that the parties deal with each other about solving the case.

b) The state of state property is invested in the state-owned enterprise, which contributes to the venture capital of other owners under the regulation of the Corporate Law, the Investment Law that the business is entitled to occupy by the self-government. Yes, using or predetermined assets and being accountable to the State for that property in manufacturing, business, when it comes to asking for damages to that property, the Court of Reconciliation to the parties to deal with each other. about solving the case according to the common procedure.

2. The Tribunal shall not reconcile the civil case from the illegal trade of law (the transaction violates the laws of the law) or the moral of the society, if the mediation aims to allow the parties to continue to carry out those transactions. In the case of the only dispute over the outcome of the inefficient transaction due to the legal or ethical left of the society, the Tribunal must continue to reconcile the agreements with each other on solving the consequences of the inefficient transaction. Yeah.

What? 16. Civil cases that do not conduct mediation are regulated at 1 Article 182 of BLTTDS.

In the case of the defendant's case, which was valid for the second time by the Court to remain absent, the Court of Editing of the Reconciliation of the Reconciliation was due to the absence of the application, and decided to take the case to trial in accordance with the general procedure. In the case of the trial, the Court was required to postpone the trial for mediation, the Court did not accept it, but it was necessary to facilitate the settlement of the settlement.

What? 17. Component of the settlement session at Article 184 of BLTTDS

1. The Tribunal must convene all those involved in addressing the case stipulated at 3 Articles 64 and Article 184 of the BLTTDS attend the reconciliation session.

2. If the reconciliation of the case is relevant to all the members of the case that are absent, the judge has to postpone the reconciliation session to reopen the other mediation that is present in all of the terms. The judge adjourn the reconciliation session according to the number of 06b issued issued by this resolution.

3. If in the case there are many legal relations that this law of law relates to this person, the other law is related to the other, and the settlement of that law is only relevant to the present, not related to the laws. In the absence of the matter, the judge made reconciliation of matters concerning the present.

The above case, where the partners have a deal to deal with each other about solving the case, the deal is only valid for those present, and the judge is determined to recognize if it does not affect the right, the obligation of the absence. your face. In the absence of their agreement, the deal is absent, and the deal is valid only if the agreement is absent from the resolution.

In case before the reconciliation of the absence of a written opinion, but after the end of the reconciliation, the reconciliation of the others was different from the text of the text to the will of the absence of the will, the Court must take its opinion. by the text of the absence of the reconciliation session on the agreement of the current at the reconciliation session. The procedure and the statute of limitations in the form of the person are made in accordance with the provisions of the law of civil proceedings. The consensus is that the outcome of the reconciliation is that the date of the absence of the accepted text of the absence of the agreement is determined to be the date of the agreed agreement on the matter to resolve in the case.

What? 18. Content Resolution of the resolution at Article 185 of the BLTTDS.

1. The court considers the specific requirements of the incumbent in the case to resolve to conduct mediation that once required a reasonable order.

For example: In divorce cases, there is a dispute over child-raising, sharing the property the Court needs to reconcile before, if the reunion is not successful, then go ahead and reconcile the child and then mediate the division of the property.

2. When conducting mediation, in addition to adhering to the principle of regulation at Article 184 of the BLTTDS, depending on the common Judge law relations to the authorities that know the regulations of the law are involved in addressing the case so that the parties relate to it. The right to the right, the right to make an agreement with each other about solving the case; the analysis of the consequences of reconciliation to the means of knowing (as the relationship between the authorities, the suffering of the charges, ...). And the judge shall not speak before any of those who are sent, who is in place, or if the officers do not make a deal, how shall they be judged of the judgment of the court?

What? 19. Reconciliation sequence in Article 185a of BLTTDS

The judge was assigned to resolve the case conducting the mediation in accordance with the following sequence:

1. Judges presiding over the session of the reconciliation session: "Today, the day, the year, the year, the People's Court ... conduct a reconciliation of the case ... I declare the opening of the reconciliation".

2. The judge presiding over the reconciliation session introduced them, the names of those who conduct proceedings, the examiner, the translator, the individual, the agency, the other organization participating in the reconciliation session (if any).

3. The secretary of the court reports to the judge presiding over the reconciliation of the presence, absence of those who enter the reconciliation session according to the summons, the court papers and the reasons absent. The judge presiding over the resolution returned to the presence and examination of the identity of the participants in the reconciliation paper, the court papers (regulations at the 3, 4 and 5 Articles 184 of the BLTTDS).

4. The judge presiding over the reconciliation session must be fully universal, the obligations of the incumbent and of the other litigable participants stipulated at the corresponding law of the BLTTDS.

For example: For the plaintiffs must fully explain the rights, their obligations stipulate at Article 58 and Article 59 of the BLTTDS, ... For the translator, the judge presiding over the mediation required them to be committed to rounding up the task; for the person who testified as a minor, asked them to commit to an honest declaration.

7. The judge presiding over the reconciliation resolution stipulated at Article 185 of the BLTTDS and guidelines at Article 18 of this resolution.

8. The mediation session must be written in accordance with regulation at Article 186 of the BLTTDS and guidelines at Article 20 of this resolution, before the end of the peace session presiding over the resolution of the review session (the dissolution of the reconciliation form or not ...) on solved the case at the reconciliation session.

What? 20. The resolution of the reconciliation stipulated at Article 186 of the BLTTDS

1. The Secretariat of the Tribunal lists the reconciliation of sufficient content at paragraph 1 Article 186, which has the full signature or point of the specified persons at 2 Article 186 of the BLTTDS and according to Form 07 issued by this resolution.

2. When the terms of the agreement are met on the matter that must be resolved in the case, then the judge or the Secretary of the Tribunal for the dissolution of the Peace of the City. The resolution of the reconciliation document must be specified in accordance with the order of the class 08a issued with this resolution.

The judge presiding over the dissolution of the name and seal of the Court to the border. The participants of the reconciliation session must sign or point to the dissolution of the city. The reconciliation of the league must be sent to the participants of the reconciliation.

For the absence of the reconciliation of the prescribed case at the 3:184 of the BLTTDS, the Court must submit to the reconciliation of the final settlement.

3. In the margin of reconciliation required to write: "In the seven-day period, since the date of the mediation of the reconciliation, if there is any change in the opinion of the agreement, it must be written to the Court." In the event of a direct visit to the Tribunal for the change of agreement, the judge must compile a memorandum of opinion that changes their agreement. The text must have the current signature or point of view and save the case file. The change of opinion on this agreement must be notified by the Court to other authorities regarding that agreement.

What? 21. Ra decided to recognize the agreement of the stipulation at Article 187 of BLTTDS.

1. At the end of the seven-day period, since the date of the reconciliation of the reconciliation of the city without any person changing the opinion of that agreement, the principle of general judge presiding over the resolution recognizes the agreement of the agreement. If the judge doesn't make a decision, then the Chief Justice of the Court shall be determined by the judgment of the judges.

2. The judge points to the decision to recognize the agreement of the incumbent, if the terms of the agreement are together on the resolution of the entire case (the law of law, the requirements of the authorities in the case) and for the charge. In the event that the deal is agreed to deal with each other about solving the entire case, but without the agreement of responsibility for the responsibility of the charges or fees, the Court does not recognize the agreement of the people that proceed with the session. The court is on trial.

3. In the event that all of these are only agreed to be together about solving a part of the case, and the other part is not agreed, the Court has written the problems that the authorities agreed to and the uncompromising issues into the resolution of the reconciliation. According to the regulation at 1 Article 186 of the BLTTDS and proceed with the decision to take the case to trial, unless the case is based on a temporary suspension or suspension of the case.

What? 22. The temporary suspension of the civil case stipulated at Article 189 of the BLTTDS

1. The judge decided that the temporary decision to suspend the civil case without any dependency or without the requirement of the incumbent when belonging to one of the prescribed cases at Article 189 of the BLTTDS.

2. "The case of agency, the organization that has merged, divided, separated without the agency, the body's successor organization and the proceedings of the agency, that organization" is the agency's decision, the organization has jurisdiction over the merger, division, separation of organs, organization, and organization. " It is, but the agency, the new organization that has not been established or has been established but is not fully qualified to operate under the rule of law on the type of organ, that organization.

"The case of the agency, the organization that has dissolved without organ, organization inherits the authority and obligations of the agency, that organization" is the undetermined case of the body, organization, individual successor authority, the prescribed obligation at points a and b. " Paragraph 2, paragraph 3 Article 62 of the BLTTDS.

3. "The legal representative of the incumbent" stipulated at paragraph 3 Article 189 of the BLTTDS includes the representation of the law and delegate under the authority. The legal representative of the incumbent was determined by the regulation of the Civil Code in 2005, Article 73 of the BLTTDS and guidance at Article 21 number Resolution. 03 /2012/NQ-HTP 03-12-2012 of the Supreme People ' s Court of Appeals. guidelines for the implementation of a number of regulations in the First Section "General Regulations" of the Civil Procedenal Code have been amended, supplemated by The amended law, which complements some of the provisions of the Civil Code.

4. "The need to wait for another case to resolve the relevant case or the fact that the law stipulated is to be taken by the agency, the other organization addressing the new settlement" stipulated at paragraph 4 Article 189 of the BLTTDS is the case in which the results resolve the civil case. The criminal, the criminal, or the outcome of the organ's resolution, the authority to determine the jurisdiction of the Court, determine the right to the case, determine the legal status, identify the subject of the proceedings, determine the law of the law. The dispute or the other grounds for the Court to solve this case is a comprehensive, precise, and legally correct way.

"The other case is relevant" to the case the Court is addressing is the civil case, the criminal case, the administrative case.

The "rule of law" must be a direct influence on the resolution of the case, and if the other party is not settled, the Court's settlement is a violation of the law.

Example 1: In the case of a dispute over the contract to purchase the property between the plaintiffs A and the defendant B. After the case of the case, the X District Court of the People's Court received a notice of the Court of the People's Court Y. It ' s a one-of-one dispute over property rights to that property. In this case, the X District Court of the People's District needs to make a decision to suspend the dispute over the contract to purchase the property between A and B to await the outcome of the dispute over the property rights of the District Court. solved by the District Court of the People 's District Y, the X District People' s Court will continue to resolve the dispute over the contract to purchase the property under the common procedure.

For example 2: The People's Court of the District X is addressing the dispute between the plaintiffs A and the B-defendant from the bond of the law between A and B, and it is received by the X District People's Control Institute for the transaction between A and B with signs of violation of the law. The Criminal Court, the Criminal Court, is a criminal justice, and requires the X District Court to move the case to investigate the violation of criminal law. In this case, the X District Court of People's Court requires a temporary suspension of the case to await the results of the investigation by the authorities regarding the violation of the law. If the regulatory authority concluded that the civil rights transaction between A and B has not yet reached the level of criminal liability, then the X District Court continues to resolve the case of a dispute between A and B of that law.

5. "Need to wait for the results to implement the judicial mandate or wait for the agency, the organization provides documentation, evidence at the request of the new Court to address the case that the settlement deadline expired" stipulated at paragraph 5 Article 189 of the BLTTDS is the case. decision to suspend the case when the judicial commission procedure must be taken, or without the results of the judicial mandate or not receiving the documents, evidence from the agency, the organization that the standard of trial (including the expired case) was over or not. However, there was a decision to take the case to trial, or at the trial, to whether to take a judicial mandate or need to ask the agency, the organization offered. The document, the evidence that was resolved, the Court decided to make a decision on the suspension of the case.

Example: According to the regulation at paragraph 4 Article 93 of the BLTTDS, the Court must conduct a mandate to collect evidence from abroad in case of necessity. The case has expired at the time of the trial (including the extended case) which has yet to have the result of the mandate to collect the evidence, the Court must make a decision to suspend the case to await the outcome of the judicial mandate of the competent authorities. It's foreign. After the judicial mandate of the competent authority of the foreign country or after the expiration of the judicial mandate deadline under the rule of law, the Tribunal continues to resolve the case in accordance with the general procedure.

6. "Other cases where the law stipulated" stipulated at paragraph 6 Article 189 of the BLTTDS are cases as the base for the Court decision making the decision to suspend the civil case in which this BLTTDS is not specified but has been prescribed in the documents. The rule of law is different or after the BLTTDS's implementation of the new law is specified in the laws of the law enacted later or in the international treaties that the Socialist Republic of Vietnam is a member.

What? 23. The consequences of the temporary suspension of the civil case stipulated at 3 Article 190 of BLTTDS.

1. When a temporary decision to address the alleged civil case, the appeal under the appellate procedure and the appeal, the appeal is valid, then the Court of Appeals must submit the case file, appeal, appeal to the Court of Appeal of Appeal in accordance with the law. Article 255 of the BLTTDS.

2. In the event of the expiration of the appeal deadline, the new appeal has a complaint, the petition to the temporary decision to address the civil case, then it should be distinguished as follows:

a) The case of the Court of Inquisition that found the decision to suspend the civil case was not correct, and that the case was suspended for the cause of the suspension.

b) The case of the Court of Inquisition finds the decision to suspend the civil case is correct and remain upheld, the complaint, the petition to the suspended decision to address the civil case must be considered in accordance with the judge's procedure.

What? 24. The suspension of the civil case resolution stipulated at point c and point k 1 Article 192 of BLTTDS

1. When the starter withdrew the lawsuit, the Court needs to consider in the case that requires the prosecution of the defendant or the independent claim of the right person, the related obligation or not to decide as follows:

a) In the absence of a request for independence and the request for independence, the Court accepted the prosecution of the prosecution to withdraw and base at the point of 1 Article 192 of the BLTTDS. The decision to suspend the civil case.

b) In the event of a request for the prosecution of the defendant and the independent request of the person with the rights, the obligation to be relevant, the case is as follows:

b1) The case of the prosecution of the initiating withdrawal, the defendant still upheld the request for the prosecution, who has the rights, the relevant obligation to remain the same independent request, then the Court decided to suspend the civil case for the request of the person. The startup has withdrawn;

b2) The case of the bootlegman to withdraw the lawsuit, which is unilentied by the entire request for the prosecution, but the person with the rights, the relevant obligation still upheld his independence request, then the Court decided to suspend the civil case for the request of the person. start and ask for the defendant ' s response to the withdrawal;

b3) The case of the bootlegation of the prosecution, who has the right, the obligation to relate the full request to independence, but the defendant retains his own response request, then the Court decides to suspend the civil case for the request of the person. the event and the independent request of the right person, the related obligations have been withdrawn.

c) After the decision of the decision to suspend the case against the request of the incumbent has drawn instructions at the point b 1 This, the Tribunal continues to resolve the case according to the general procedure on the request of the defendant ' s response or independence request. the rights, the related obligations and the base to each specific case to redefine the proceedings of the pursuits in accordance with regulation at Article 219 of the BLTTDS and the guidelines at Article 33 of this resolution.

d) In the event that the starter withdrew the entire request request, the full bill required the counter-prosecution, who had the right, the obligation to remove the full request for independence, the Court decided to suspend the entire case.

2. "Other cases where the law stipulated" stipulated at the point of k 1 Article 192 of the BLTTDS are cases as the base for the Court to decide the decision to suspend the civil case that in this BLTTDS has not specified but has been specified in the documents. The rule of law is different or after the BLTTDS's implementation of the new law is specified in the legal code of law enacted later or in the international treaties that the Socialist Republic of Vietnam is a member.

What? 25. The consequences of suspension of the civil case stipulate at 1 Article 193 of the BLTTDS.

In the case of the decision to suspend the civil case, it should be distinguished as follows:

1. The case of the decision to suspend the civil case stipulated at points a, b, d, e, h, i and k paragraph 1 Article 192 of the BLTTDS, then the incumbent has no right to start asking the Court to resettle that civil case, if the following case is not available. I mean, the other case about the plaintiffs, the defendant and the law of the dispute.

In case the Court decided to suspend the settlement of the case by regulation at the point and point 1 Article 192 of the BLTTDS, then before the decision was made, the Court had to explain clearly to the authorities about the consequences of the suspension of the case. You will not have the right to repress that case.

The agency case, the organization (in the absence of plaintiffs), the prescribed plaintim at the d point and the 1-Article 192 clause of the BLTTDS only withdrew the document, not requiring the Court to continue to resolve the case when certain conditions are under agreement. In terms of negotiation, the Court needs to specify that condition in a decision to suspend the case to be a base for the retrial of the incumbent.

Therefore, the case of the suspension of the case by regulation at d and point 1 Article 192 of the BLTTDS, in the decision to suspend the Court case, must specify the legal consequences of the suspension of the suspension of the case. has the right to repress that case, if the prosecution of the case after nothing else was filed against the plaintiffs, the defendant and the legally disputed law. .

2. The case decided to suspend the civil case specified at c, e and g 1 Article 192 of the BLTTDS, or the case of the specified case at paragraph 3 Article 168 of the BLTTDS, then the authorities have the right to start asking the Court to resolve the case. The civil case follows the general procedure, if the prescribed trial by statute 159 of the BLTTDS remains, although the prosecution of the case after nothing else was filed against the plaintiffs, the defendant and the law of the dispute.

3. The case of a decision to suspend the case stipulated at g 1 Article 192 of the BLTTDS and paragraph 2 Article 77 of the bankruptcy law, if then the Court decides to suspend the procedure of reinstatuation of business activity sent back to case files for the Court with jurisdiction, Then the Court went on to solve the case according to the general procedure.

What? 26. The decision to take the case to trial stipulated at Article 195 of the BLTTDS

1. The decision to take the case to the trial must have enough regulatory content at 1 Article 195 of the BLTTDS and according to Form 12 issued with this Resolution. The decision to bring the trial to trial must be issued as slog seven days before the opening date. .

2. To not delay the trial and ensure the correct regulation of the BLTTDS, in the case of the assigned People ' s Assembly to be assigned to the trial not to continue in the trial after a decision to take the case to trial, then at the same time the jury assignment. The official people, they need to be assigned to the Board of Defects and write them the name of the Council of Defects in the decision to bring the case to trial.

3. The decision to take the case to trial must be sent to the authorities, the Institute of Examination, as soon as the Court makes a decision, does not distinguish the case from which the Institute of the same officer attends the trial.

In the case of the federal examination, the Court sent a civil case file along with the decision to take the case to trial in accordance with the Census. 04 /2012/TTLT-VKSNDTC-TANDTC September 8, 2012 of the Supreme People's Court, the Supreme People's Court is directed by the Supreme People's Court to enforce certain provisions of the Civil Procedal Code for the examination of the law in civil proceedings.

What? 27. Of course, the representative, the defender of the right, and the legitimate interests of the incumbent. regulation at Article 199 of the BLTTDS

The case of the defendant with a request for a second-term valid and without a representative participant in the trial was not due to the unimpediable event, the Court suspended the resolution of the defendant's request for the prosecution, except for the case. No, no, no, no, no. The defendant has a claim to have the right to be refiled against that response request, if the onset of the event remains.

What? 28. It is in the case of the incumbent, the defender of the right and the legitimate interests of the court. specified at Article 202 of the BLTTDS .

1. The Tribunal for the first valid, the incumbent, the defender of the incumbent, the defender of the right and the legitimate interests of the incumbent absent without the application of the Court for the absence of the trial at 1 Article 199 of the BLTTDS, whether or not it is. There's a good reason, court adjourn.

The courts only conduct a trial. Of course, the defender of the right and the legitimate interests of the incumbent, if the Tribunal convenes the first valid, in one of the following cases:

a) There is one or a number of contemporary; the representative of one or some contemporary; the defender of the right and the legitimate interests of one or some who have the application of the Court for the absence and the other, the representative of the other, the other. Defending the right and the legitimate interests of the remaining officers are still present under the court's summons.

b) All the incumbent and the representative of the incumbent, the defender of the right and the legitimate interests of the incumbent in the case are subject to a court of absence. In this case, the Board of Judges is based on documents that are in the case to address the rule of law.

2. The Tribunal for a second, contemporary, or representative, the defender of the right and the legitimate interests of the incumbent must be present at the trial, if absent because of the unimpediable event that is processed by regulation at 2 Article 199 of the BLTTDS.

3. The incumbent case, the defender of the right and the legitimate interest of the incumbent has received the decision to take the prescribed trial at paragraph 2 Section 195 of the BLTTDS, which has been signed by the Court for the validity of the prescribed trial by law at the terms. Article 150 to Article 156 of the BLTTDS and the incumbent, the defender of the authorities and the legitimate interests of the incumbent are prepared to take part in the trial of the case, but due to the adverse events that occurred to them before the time the court opened trial or right in time. They ' re on their way to the courthouse to take part in the trial (due to disaster, disaster, accident, illness to go to the emergency hospital, the dead body, ...) So they could not be present at the court hearing of the Court, and the Court also adjourn the trial.

The case was not received by the Court, who defended the authorities and the legitimate interests of the incumbent, and should remain on trial for their absence, if after the verdict, the Court's decision had legal effect, and that there were complaints and complaints. The proof that they were absent from the trial was due to an unimpediable event, that the complaint should be considered in a retrial procedure.

What? 29. The deadline adjourn and decides to postpone the prescribed trial at Article 208 of the BLTTDS

1. The deadline for the trial of a trial is no more than thirty days, since the day of the jury's decision to postpone the trial.

If the trial of a case is postponed several times, the deadline for each session is not too limited to allow for thirty days, since the day of the jury's decision to postpone the trial. The session delay does not count on the statute of limitations prescribed at Article 179 of the BLTTDS and is directed at Article 14 of this resolution. However, in order to protect the legal rights and interests of the incumbent, to ensure the reopening of the trial in accordance with the right stipulation, then after the trial, the Court must plan to reopen the trial in the earliest period without necessarily going to 30. It's the day to reopen the trial.

2. The decision to postpone the trial must have the primary content stipulated at the 2 Article 208 of the BLTTDS and the following Form 14 issued by this resolution.

3. The case has set the date of the reopening of the trial, then in the decision to postpone the trial must take time, the venue to reopen the trial. If the date of the trial is not yet set, then in the decision to write the time, the opening of the court will be notified by the Court later.

The presiding judge on behalf of the Court of Public Affairs announced a decision to postpone the trial for those who were present at the trial and to give them the decision. For the absenters and the Institute for the same level, the Court sent a decision to postpone the trial. This decision was taken as a new summons for the incumbent, if the decision had taken time, the venue reopened.

In the event of a change in time, the venue to reopen the trial in a decision to postpone the trial, the Court must inform the Institute for the inspection of the same level and the participants of the proceedings of the time, the venue to reopen the trial.

4. The trial council is not adjourn for reasons at the trial that it is required to adjourn the trial for the defender of the right and the legitimate interests of the incumbent or to mandate other persons to participate in the proceedings.

5. If at the trial, at the time of the trial, the new evidence of the document, the new evidence that requires additional appraisal to the document, the evidence, or reappraisal (including the newly discovered property required to be priced, appraisal), and the review of the additional appraisal, reappraisal (valuation, price appraisal) is necessary for solving the case, then the Board decides to determine the additional appraisal, reappraisal (valuation, price appraisal) and base on paragraph 4 Article 230 of the BLTTDS decision to postpone the trial.

If the deadline is set to expire without the results of the trial, the valuation results, the price appraisal, then the Judge on the basis of 4 Article 189 of the BLTTDS makes the decision to suspend the civil case.

What? 30. The trial of the trial stipulated at Article 211 of the BLTTDS

1. The trial of the trial must be fully documented at 1 Article 211 of the BLTTDS. According to the protocol at 1 Article 211 of the BLTTDS, the court version must record every course in the trial from the start of the trial until the end of the trial. In the script, the trial is not part of the verdict of the verdict.

2. After the conclusion of the trial before the presiding warrant is checked and signed into the court's editorial, the Secretariat of the Court must reexamine the court's version of the trial to correct the exact points of the trial. The presiding judge must reexamine the protocol and join the Secretary of the Court to sign it. After presiding over the trial and signing the court's statement, if the correct points are found in the revision of the trial, the Secretary of the Court must not be corrected by himself, but must report to the presiding judge. The amendment. When one of the specified persons at paragraph 4 Article 211 of the BLTTDS is required to see the revision of the trial, the presiding judge shall allow them to see the revision of the trial. If they are required to write amendments, add to the revision of the trial, then the Secretary of the Court must write the amendments, compleming their requirements. Not to be deleted, directly repaired to the already written problems that record the modifications, added to the transcript of the trial. A person who is prescribed at 4 Article 211 of the BLTTDS is required to write modifications, add to the revision of the trial, then record a way to conduct proceedings or participate in the proceedings and their name. Next to those issues that are written in the revised version of the trial are required to modify, add, and modifications, to add specific additions. If there's a lot of people asking, one by one. Then you have the request to sign the confirmation.

Example 1: (the case with a person requesting to write modified, additional)

The amendments, supplemable at the request of the plaintiffs Nguyen Van A:

1. On the issue being written at the line (lines) from the top down (or from the bottom up) page ... of the session editor requesting the change record, the addition is as follows:

...

2. ...

Example 2: (the case with the two or more people has been required to write modifications, additions).

Modifications, additions:

1. At the request of Officer Chen Wen B:

a. ...

b. ...

2. At the request of the Lê Thi M:

a. ...

b. ..

What? 31. Opening of the prescribed trial at Article 213 of BLTTDS

1. The chair of the trial opening the trial and reading the decision to take the case to trial.

At the opening of the trial, the presiding judge asked people in the courtroom to stand up. The presiding judge of the trial is as follows: "Today, the day, the month, the year, the People's Court ... opens a public hearing (not publicly) on trial for the dispute ... on behalf of the jury, I declare the opening of the trial," and read the decision to take the case. Trial.

2. After hearing the Office of the Court report is absent at the trial, the Assembly must enter the deliberation chamber to discuss the delay in accordance with regulation at paragraph 2 Section 210 of the BLTTDS.

3. The President of the Court is examining the identity of his identity at the trial as follows:

a) The host is asked to address them, the name, date of the year of birth; the residence (where the residence is permanent; the residence); the profession (if the person is individual); the name, address of the headquarters (if it is the agency, the organization). To the legitimate representatives of the incumbent, they shall ask them for their testimony: they, their names, their age, their occupation, and their offices, and their families; and their families.

b) In the case of documents that are present in the case file as well as the testimony of the accounts of the individual identity, it is necessary to verify the exact identity of their identity.

4. For the dissembling of rights, the obligations of the partners and those of the other litigates, presiding over the session must be fully full of rights, their obligations stipulated at the corresponding law of the BLTTDS.

For example: For the plaintiffs must fully explain the rights, their obligations stipulate at Article 58 and Article 59 of the BLTTDS, ...

For the translator, the examiner, presiding over the court, asked them to be committed to rounding up the task; for the witness who was a minor, asked them to commit to an honest declaration.

5. For the case of the jury's decision to postpone the trial, when it reopens the trial, the presiding judge does not reread the decision to take the case to trial.

If the jury decides to postpone the trial, which in the time of the preparation of the trial, there is a change, the redistribution of the person who runs the case in the name of the decision to bring the case to trial, then the Court informs those who stipulate at 2 Article 195. of BLTTDS.

What? 32. Review of the change, supplement, withdraw the regulation requirement at paragraph 1 Article 218 of BLTTDS

The change, the requirement of the incumbent at the trial was only accepted by the Council of the Board if the change, adding that their request did not exceed the scope of the request for the prosecution, required the prosecution or the initial independent request to be shown in the lawsuit. of the plaintiz, the lone prosecution of the defendant, the independent request for the independence of the person with the rights, the obligation to be involved.

The change, the requirement of the incumbent, must be written to the court editor. In the case of the Council on the acceptance of the request for change, the addition of the incumbent, it must be written in the sentence.

When the Court took part in the prior request and at the trial, the Court credited the identification and decision in the verdict, deciding on the request of the request.

What? 33. Change of rules of regulation at Article 219 of BLTTDS

In the case of a court session, it is the case that the solution is as follows:

1. If the plaintip withdraw all the request for the start, but the defendant retains his request for the prosecution as prescribed at 1 Article 219 of the BLTTDS, then the Board of the Trial:

a) Ra's decision to suspend the trial for the entire request of the plaintiffs has been withdrawn by regulation at paragraph 2 Article 218 of the BLTTDS;

b) The change of the proceedings of the current. The defendant retains his request to become a plaintiz; the plaintim has withdrawn his entire request to become a defendant.

2. If the plaintip withdrew all of the request for the launch, the entire bill was withdrawn from the order, but the person with the rights, the relevant obligation to maintain its independent request by regulation at 2 Article 219 of the BLTTDS, then the Board of the Trial:

a) Ra's decision to suspend the trial for the entire request of the plaintim, of the defendant, has been withdrawn by order at 2 Article 218 of the BLTTDS.

b) Public publication at the trial of changing the status of proceedings according to the relationship between the women involved in the request for independence of the right, the related obligation.

3. The change of the proceedings of the incumbent must be written to the revision of the trial and must be written in the sentence.

What? 34. recognized the agreement of the stipulation at paragraph 1 Article 220 of the BLTTDS

1. Before switching to the question section, the Board of Arbitration needs to explain to the authorities that stipulate the regulation at Article 220 of the BLTTDS, asking whether they have a deal to deal with each other; if any, ask whether they are fully voluntary or not, Whether it ' s illegal or not, and considering whether it ' s illegal, social ethics or not, and for them to know the consequences of the Court decision to recognize that agreement, it ' s not an appeal, the Institute of Censorship is not supported by the procedure. The decision of the Court to recognize the agreement of the incumbent on the resolution of the case is valid.

2. The agreement of the incumbent must be written to the court of the trial. According to the regulation at Article 210 of the BLTTDS, the Board of Assembly deliberated and decided to recognize the agreement of the settlement at the courtroom.

What? 35. Regulation of Article 236 of BLTTDS

1. The jury members have to address all the problems of the case by voting in a majority of each one; namely, the following main issues: based on the documents, the evidence was examined at trial, through asking and asking questions. debate at the trial, through the review of the opinions of the litigants, the prosecutor (if any) was grounded enough to accept the whole, part of the plaintiffs ' requirements, demanding the prosecution of the defendant, the claim for independence of the right, the obligation. relevant or not accepting the whole, part of the requirements of the incumbent or not, if sufficient grounds are sufficient to accept then follow the point, paragraph, which rules of the statute of the statute of the respective laws and the criminal charges.

2. In the case of a jury trial of only one judge and two of the people's judges, when a speech (or when voting) the people ' s judges speak (or vote) in advance, the presiding judge shall speak (or vote) later. In the case of the Trial of the Trial of the two Judges and three People's Judges, the Council of People's Judges (or the vote) first, to the judge, is not the presiding judge and the presiding judge presiding over the court. Yeah.

3. Members of the Trial Council have a minority opinion, which is entitled (not the obligation) to present its opinions in private writing and that text is included in the case file.

4. In the border of the resolution, the full review of the opinions discussed each issue one issue and the decision by the majority of the Council on trial on each issue. Members of the jury must sign the parliamentary statement in the parliamentary chamber before sentencing.

5. In case the case has a lot of complicated conditions, the sentencing requires long-term, the trial council can decide on the time of the sentencing but not more than five days of work, since the end of the debate at the trial. The jury must announce the date of the sentence for the known authorities. If there is a change of judgment on the day of the verdict, then the Council of the judges must inform the authorities of that change.

What? 36. The preliminary sentence stipulated at Article 238 of BLTTDS

The preliminary sentence must be written in accordance with the regulation at Article 238 of the BLTTDS, the presentation must follow Form 01 issued with the Digital Resolution. 03 /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 Supreme Court of the Supreme Court of the Supreme Court, supplematuated by the amended Law, supplematuation of certain provisions of the Code of Litigation. A civilian.

Along with the resolution, the original sentence must be approved by members of the Assembly and signed by the court office and filed into the case file. On the basis of the original sentence, the presiding judge on behalf of the Board of Appeals for the Trial of the Government of the Courts and the Tribunal for the execution of or sending a sentence is prescribed at Article 241 of the BLTTDS.

What? 37. Regulation of regulation at Article 239 of BLTTDS

When the sentencing, everyone in the courtroom must stand up. If someone doesn't get up, then the Secretary of the Court must remind them, if the person reports on the grounds that the health should not be able to get up, the presiding judge allows him to sit in the seat and then sentence it. Presiding over the trial or another member of the jury read the verdict; if the sentence is long, it is possible to vary reading the sentence.

In the case of the sentence being too long, the presiding judge may only ask people in the courtroom to stand up when reading the opening and the decision part of the sentence.

After reading the verdict, depending on the particular case, the presiding judge or another member of the Board of the jury further explains the implementation of the sentence and the right to appeal.

For the non-Vietnamese-speaking people, after the verdict was done, the translator would have to translate it to them to hear the entire sentence to the language they knew (including the part of the sentence that was related to them and the conviction that was related to other authorities in the case. ).

What? 38. Repair, supplemation of the prescribed sentence at Article 240 of the BLTTDS

1. Only the correction, the addition of the sentence in the following cases:

a) A clear description of the spelling of the spelling: the error written by the non-correct words, the sign, the letters, the letters, the common language, the foreign language version to the Vietnamese, the uncredited name of the middle name, the name of the incumbent, the ...

b) The data is caused by mistake or miscalculation (including charges) such as: plus, subtract, multiply, paramount, etc. that must correct.

2. The court must submit a written notice of the correction, compleming the sentence for those stipulated at 1 Article 240 of the BLTTDS. The announcement of the repairs, the addition of the presentation by Form 15, is accompanied by this resolution.

What? 39. Proceedings.

It is accompanied by this resolution of the following document patterns:

1. Lawsuit Filed (Form 01);

2. Press release certificate (Form No. 02);

3. Announces return application (Form No. 03);

4. Announces filing for a fee transfer fee (Form No. 04);

5. Notice of the Trial Rationing (Form No. 05);

6. Notice of reconciliation (Form 06a);

-Notification delay message (Form 06b);

7.

8. Composition of reconciliation (Form 08a);

-The Chronicle records the voluntary divorce and reconciliation (Model 08b);

9. The decision to recognize the agreement of the incumbent (Form 09a);

-The decision to recognize the divorce and the agreement of the contemporary (Form 09b);

10. The temporary decision to suspend the civil case (Form 10a);

-A temporary decision to address the civil case (Form 10b);

11. The decision to suspend the civil case resolution (Form 11a);

-The decision to suspend the civil case (Form 11b);

12. The decision to take the case to trial (Form 12);

13.

14. Decision to postpone the trial (Form 14);

15. Notice of correction, revision of the sentence (Form No. 15).

What? 40. Performance Performance

1. This resolution was passed by the Supreme People ' s Court of Judges on 03-12-2012 and has been in effect since 1 July 2013.

Number resolution 02 /2006/NQ-HTP December 12-2006, the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court regulation in the Second Section "Case resolution procedure at the Court of Impeachment" of the Civil Procedal Code. and guide to the issues that have been directed at this resolution of the Supreme People ' s Court. It was enacted before the day of the resolution to take effect on 1 July 2013.

2. For civil affairs, marriage and family, economics, labor that the Court has adopted but has not yet tried trial, trial or jury trial, retrial applies to this resolution.

For the verdict, the Court's decision had the effect of law before the decision date to take effect, it did not apply the guidelines to the resolution to appeal to the procedure of supervising or retrial, except for the case of another protest base.