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Resolution 4/2012/hdtp: Guide The Implementation Of A Number Of Regulations "demonstrate And Evidence" Of The Code Of Civil Procedure Was Amended By The Law Amending The Law On Civil Proceedings

Original Language Title: Nghị quyết 04/2012/NQ-HĐTP: Hướng dẫn thi hành một số quy định “Chứng minh và chứng cứ” của Bộ luật tố tụng dân sự đã được sửa đổi theo Luật sửa đổi Bộ luật tố tụng dân sự

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THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES
Numbers: 04 /2012/NQ-HTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 3, 2012

THE RESOLUTION.

Instructions to enforce certain regulations on "proof and evidence".

of the Civil Procedal Code was amended, supplemated by amendment law,

add some of the provisions of the Civil Procedal Code

________________________

THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES

Based on the Law of the People's Court.

To enforce the right and unify the regulations on "Proof and Evidence" of the Civil Procedal Code has been modified, supplemated by The amended law, added some of the provisions of the Civil Procedal Code on March 29, 2011 (later abbreviated BLTTDS);

After the unanimous opinion of the Supreme People 's Institute for the Supreme People' s Control and the Minister of Justice Oh,

DECISION:

What? 1. The adjustment range

This resolution guides the implementation of some of the BLTTDS ' s regulations on "Proof and Evidence" aimed at ensuring the correct implementation and consistency of the regulations of BLTTDS during the settlement of civil affairs at the Tribunal. .

What? 2. Provide evidence

1. According to the regulation at paragraph 1 Article 6 of the BLTTDS, in general principle, provide evidence and prove to its requirement that there is a base and legal basis that is both the right, the duty of the incumbent, the agency, the agency, the organization, the request to protect the legal rights and interests of others. However, according to regulation at Article 79 of the BLTTDS, when there is a request for the Court to protect the right, its legal interests or to oppose the request of others to themselves or to protect public interest, the interests of the State or protect the right and the legitimate interests of it. In other people, the person, the individual, the agency, the organization of the event, the obligation to be obliged to give evidence to the proof that its claim is based and legal.

2. The provision of evidence and proof to your request is that the base and legal is guided at the paragraph 1 Article. can be done in the course of the Court solving the civil case.

3. In solving the civil case, the Court must explain to the incumbent, if there is an obligation to give evidence to prove that there is no evidence or no evidence, then the Court will proceed to resolve the civil war. The general procedure. The court is based on the document, the evidence has been collected in the civil case file, and if the civil case is tried, the court case, the session, then the Court is based on the document, the evidence is checked, reviewed at trial, session, session, the result of questioning at the trial, the session, reviewed the full opinion of the participant, the prosecutor to decide. As a consequence of the unproven or incomplete proof.

4. During the settlement of the civil case, if there is evidence that the transaction is not yet sufficient to resolve, the Court is required by the Court to submit additional evidence in accordance with Article 85 of the BLTTDS. When a request for the delivery of the evidence is required, the Court needs to specify the evidence that it needs to be delivered.

For example, 1: In divorce case, the Tribunal must address the claim of juvenile children. If the person has not yet submitted to the birth certificate tribunal (or the birth certificate copy) of the juvenile, then the judge asks for the addition of birth certificate (or copy of birth certificate) to do the basis for the delivery of the child to the mother or father. Watch, nurture, take care of, educate and decide on the level of foster care.

For example, 2: In the case of a dispute over a freight contract that is filed under the order of a contract, but the new plaintim submitted to the Court of Contract, the judge asked the plaintiffs to submit that contract, in order to obtain it. The basis of dispute resolution.

5. During the settlement of the civil case, the Tribunal needs to explain to the incumbent on Article 7 of the BLTTDS on the responsibility of providing the evidence of the individual, the agency, the competent organization. When you know that the evidence is personal, the agency, the organization, the administration, the base of regulation at this, there is the right to ask for the individual, the agency, the organization that provides evidence. If you personally, the agency, the organization that does not provide evidence for the incumbent, then it must be written in writing that it is clear that the reason for not providing evidence to the authorities to prove it to the courts is that they collect evidence, but there is no outcome. And ask the Court to collect evidence.

What? 3. Identitiate the prescribed evidence at Article 83 of the BLTTDS

1. According to the regulation at Article 81 of the BLTTDS, one of the conditions of the evidence is to be justified and personally, the agency, the other organization handed over to the Tribunal or by the Tribunal obtained by the order, the procedure specified by the BLTTDS; therefore, the delivery of evidence. And the gathering of evidence must be done in accordance with the regulation of the BLTTDS and guidelines on this resolution.

2. To be considered as evidence specified at Article 81 of the BLTTDS, the identification of the evidence from each of the specific types of evidence is as follows:

a) The documents that read the content must be the main version or copy of the evidence, the legal certificate or the agency, the organization has the authority to provide, confirm. The main version may be the original or the original used as the basis of the copies.

b) The documents that are heard, the view must be published accompanying the publication confirmation text of that document or the text of the incident concerning the recording, the recording. These documents may be tape recordings, recordings, tape recordings, record disc, film, photo, etc. If you do not publish the above documents, then the document is heard, but the delivery is not considered evidence.

Example 1: In a traffic accident, the person who is harmed or the legal representative of the person who is harmed by a bank provider about the scene of the traffic accident. In this case, along with the delivery of that tape, the person who is harmed or the legal representative of the injured must be presented to the Court of Confirmation of the person who provided him with the origin of the tape.

For example 2: Mr. A gave Mr. B a five-million contract with a 12-month term. The property loan was not written, but he recorded the entire agreement on the loan of the property, the delivery of the money and the timing of the debt payment between Mr. A and Mr. B as evidence of Mr B. ' s estate loan, the debt limit, Mr. B didn't pay Mr. A. Mr. A to sue Mr. B out of the courthouse. In this case, along with the recording of the tape recorder, Mr. A must submit a presentation of the document regarding the recording.

c) The material must be of origin in relation to the civil case; if not the original or not related to the case, it is not evidence in that civil case.

d) The testimony of the incumbent, the testimony of the witness if written in writing, recording tape, record disc, recording tape, record disc, and published by the correct procedure at paragraph 2 Article 83 of the BLTTDS and manual at paragraph 2 This or declare A word at the trial.

The conclusion is, if the procedure is conducted in accordance with the correct procedure of the Law of Judicial Regulation, the laws of the law of the law are relevant. and guide to Article 10 of this resolution.

e) The margin of the results of the appraisal results, if the appraisal is conducted in accordance with the procedure specified at Article 89 of the BLTTDS and guidelines at Article 9 of this resolution.

g) Gather, if the community is allowed to admit it.

The community is the collective of the people who live together, having the same points, sticking to a block in the social life at the place of the rehearsal.

The practice is habitable in social life, in manufacturing and everyday life, being recognized by the community in which it acknowledges and follows as a general convention of the community.

A commercial practice is a habit of being widely acknowledged in commercial activity on a region, domain or a commercial sector, which has a clear content recognized by the parties to determine the rights and obligations of the parties in commercial activities;

The international trade volume is the custom, way of repeating, repeated many times in international trade and is recognized by international organizations;

Just accept the unlawnable, social justice. For the problems that are subject to the institution, but there is a written law of the rule of law, the Court must apply the provisions of the law to rule that law to resolve without the application of the exercise.

For example, in a number of ethnic minorities there is a number when the mother dies, only girls have the right, and the sons do not have the right to enjoy the legacy of the deceased mother. In the inheritance dispute over by the mother, if the daughter of the daughter invoked that practice to reject the inheritance of the heirs as her son, this practice is not accepted. Since this is a backward and family-based club, the family needs to be removed by regulation at appendix B "The custom category, the backward practice of marriage and the families of the oppressed peoples, or the need for an elimination movement" issued by Decree. 32 /2002/NĐ-CP 27-3-2002 The government rules the adoption of the Marriage and Family Law on ethnic minorities.

h) The asset valuation results, the asset price appraisal if the valuation of assets is conducted in accordance with the procedure specified at Article 92 of the BLTTDS.

3. It is handed over to the Court of evidence in the language of the minority, with foreign language being accompanied by a translation into Vietnamese, which is legally attested. In the event of the absence of evidence to speak Vietnamese or translated into Vietnamese, the translation is not yet proven, legally, the Court does not recognize the evidence. The court explained that it was known that they had to conduct the outbreak of the testimony in Vietnamese and testify as evidence of the law of the evidence, the evidence.

What? 4. Deliver the evidence

1. According to regulation at Article 166 and Article 312 of the BLTTDS, the case of the case or the person asking the Court to address the civil service of the petition, the petition and document, the evidence accompanying to the Court has the authority to address civil affairs by means of the law. filed directly at the Court or sent to the Tribunal through the post office. The delivery of the evidence in each specific case is done as follows:

a) In the event of a starter, the person who asked to deliver the order directly, the petition and the evidence attached to the Tribunal, the department of the specialized department, the case of the Court was appointed by the Chief Justice Tribunal, which is in charge of the application. The evidence is attached. The Court staff must record the receipt and evidence attached to the application register, and must proceed with the receipt of the identification of the certification by regulation at paragraph 2 Article 84 of the BLTTDS.

b) In the event of a starter, a request to submit a lawsuit, a request with a certificate of evidence via a post office, the court officer must write to the application book, a certificate to be filed under the name of the evidence filed with a lawsuit or write in a lawsuit. to record the evidence of the evidence; if there is evidence that is missing or incomplete than the catalog, inform them of them to give them an additional delivery.

2. After the Tribunal for civil affairs, if the person was handed over to the Court, the judge was given a civil trial by the Chief Justice Tribunal, or the Secretariat of the Court, or the officer's staff assigned by the Chief Justice to carry out the evidence. I mean, it's all about handing over instructions on this one thing.

3. In the event of the trial of the trial, the session, the Secretary of the Court performed the evidence. If the evidence is to be delivered before the trial, the session, then the Secretary of the Court is set to compile the evidence for the identification of the evidence in accordance with Article 84 of the BLTTDS. If the delivery of the evidence during the trial or during the session process, the session is written, and the session is written.

4. The report on the identification of evidence must be given by the authority of the Court by the rule of the law of civil litigation or by the guidelines in this Resolution signed, confirmed and stamped out of the Court.

What? 5. Collation of Regulation at paragraph 2 Article 85 of the BLTTDS

The court can only proceed one or several regulatory measures at points a, b, c, d, e, e, and g paragraph 2 Article 85 of the BLTTDS to collect the document, evidence in the prescribed BLTTDS cases. The process of collecting the document, the evidence must comply with regulation at the specific law of the BLTTDS on that measure and the guidelines of this resolution.

For example 1: The judge can only take the testimony of the incumbent when there is no affidavit, or the content of the affidavit is incomplete, clearly, or that the person cannot be self-written in Article 86 of the BLTTDS and the instructions on Article 6 of this resolution.

For example, 2: Judges conduct a confrontation between the partners, between the witnesses, the witnesses, or among those who testify against each other if there is a requirement or when there is a contradiction in the testimony of the partners, the witnesses. set at Article 88 of the BLTTDS and guide at Article 8 of this Resolution.

What? 6. Take the testimony of the stipulation at Article 86 of the BLTTDS

1. When there is no affidavit or the contents of the declaration incomplete, the judge requires that it be either an affidavit or an affidavit and sign of his name. In the absence of self-writing, the judge himself or the Secretary of the Court recorded the testimony of the incumbent on the border. The official statement of the account must be made correct in paragraph 2 Article 86 of the BLTTDS.

2. The taking of the testimony of the incumbent must be conducted by the judge. The secretary of court can only help the judge write the testimony of the incumbent on the border. In case of work or objective impediation, the judge may be assigned to the Secretary of the Court for testimony if it is agreed. The record editor must have the Judge's confirmation. Work Take the testimony of the truth. at the courthouse. Only in those cases where it is impossible to get to the Tribunal for objective reasons, it is worth (being in prison, in the execution of a prison sentence, sickness, illness, etc.), which can take the testimony of the incumbent outside of the court.

Taking the testimony of the incumbent outside the Court office must ensure the correct regulation of the law, stipulate to the cadres, the civil court of the People's Court and the objective guarantee (e.g., the testimony of the incumbent being held in the camp. It is a detention facility in the custody of the detention facility; taking the testimony of the injured but not treatment at the medical facility must be taken where they are treated, and if necessary, the witness is required.

3. For the stipulation at paragraph 4 and paragraph 5 Article 57 of the BLTTDS, the protection of the rights and the legitimate interests of these persons in the Court are made by their legal representative. In the case of their testimony, there must be their legal representative, and their legal representative must sign the name or point of confirmation on the declaration record.

What? 7. Take the testimony of the prescribed witness at Article 87 of the BLTTDS

1. When there is a written request for the testimony of the witnesses, the Court shall proceed with the testimony of the witness. When the test is needed, the judge may proceed with the testimony of the witness. It is considered "necessary" if the testimony of the testimony of the person testisures to the settlement of the civil matter is comprehensive, accurate, of course, the law.

2. The judge conducts the testimony of the witness at the court office or outside the court office and is carried out as taking the testimony of the stipulation at paragraph 2 Article 86 of the BLTTDS and guidance at Article 6. of this resolution. .

What? 8. Subject to Regulation at Article 88 of BLTTDS

1. When there is a request or when there is a contradiction in the testimony of the partners, the witnesses, the judge conduct the confrontation between the partners with each other, between the incumbent with the witness or between those who testify to each other in order. reasonable (depending on the specific case that confronts each problem one or to each person present on matters of substance in order).

2. Judge himself or the Secretary of the Court to record the object. The border must have the signatures of the participants, the judge conducts the subject, the Secretariat of the Court, which records the subject and seal of the Court.

What? 9. Review, appraisal at regulation at Article 89 of BLTTDS

1. When there is a request or when considering the review, the appraisal in place is necessary for solving the right case, then The judge decided to proceed with the review.

2. The decision to review, the appraisal in place must have the following main content:

And the day, in the month, the year was determined, and the name of the court made a decision;

b) The subject and the problems need to be considered, to be set in place;

c) The time, the location of the review, the appraisal in place.

3. The decision to review, the appraisal in place must be sent to the People 's Committee or the agency, which organizes where the subject needs to review, the appraisal accompanying the text of the People' s Committee or agency, the organization representing the consideration, appraisal at The place On the day, the decision is now in the decision to review, if there is no representative of the People's Committee or the agency, the judge must contact them to be present. In the absence of representative of the People ' s Committee or agency, the organization, the Judge adjourn the review, the appraisal in place.

4. The decision to review, the appraisal in place must be delivered or sent to the incumbent so they know and witness the review, the appraisal in place. However, if there is an absence, the review, where the appraisal is still under the general procedure.

5. Judge himself or the Secretary of the Court write the review, appraisal in place. The protocol must be correct in paragraph 2 Article 89 of the BLTTDS.

6. If anyone obstructs the Court to conduct a review, the judge asks the representative of the People's Committee or the agency, the organization to intervene, assist in time to make the review, the judge is in place. In the case of necessity, the judge asked the police force to protect and support the judiciary of the Civil Security with jurisdiction to take interventions, support, according to the regulation at the State ' s Digital News. 15 /2003/TT-BCA (V19 ) October 10-2003, the Ministry of Public Security Command operates the judicial assistance of the Guard Police and the judicial assistance of the People's Public Security.

7. The case has fully implemented the measures being directed at 6 This Article which is still not possible, then the judge sets the editorial on the obstruction of review, which is set in place to save on the case file. The consensus regarding the consideration of the review, where the appraisal is, at the same time, must be sent to the authorities with the authority to review, legally handling the conduct of the action against the incumbent.

What? 10. The regulatory examiner stipulated at Article 90 of the BLTTDS

1. The agreement of choice or the request for the Court of the Court of Appeals must be expressed in writing (may be made in a separate text, which may be written in the affidavit, may be written in the statement editor, the object).

2. The judge must be based on Article 90 of the BLTTDS, the Judicial Statutory Law and the relevant legislation that is relevant to enact the decision-making decision. The decision to the referendum must have the following main content:

And the day, in the month, the year was determined, and the name of the court made a decision;

b) Name, address of the organization if the Tribunal of the referendum is to hold the judiciary or them, the name, the address of the examiner is to be designated as the judge if the Tribunal shall be appointed;

c) The origin and characteristics of the monitoring object;

d) The name of the relevant documents or the accompanying comparison template;

There are problems to be made.

e) Specific requirements need to have a monitoring conclusion;

g) The deadline for the conclusion of the argument.

3. The decision of the referendum must be sent to the incumbent, the judicial examiner, the examiner.

What? 11. The trust collects regulations at Article 93 of the BLTTDS

1. During the settlement of the civil war, if the student claims to collect evidence, the Court is in question, addressing the civil affairs of the commission to collect evidence and send to the Court, the authorities have the authority to collect evidence. The content base requires the implementation of the mandate, the Court, the competent authority to be commissioned into consideration, decided to make a mandate request.

2. The trust records collect the evidence to have the following text:

a) The decision to trust the collection of evidence must have the specified content at 2 Article 93 of the BLTTDS and by the Form No. 05 issued with this resolution;

b) The copy of the documents, the evidence associated with the mandate to collect the certificate (if any). Copies of the documents, the evidence must have the confirmation signature of the judge and seal the Court.

3. The mandate to trust the collection of evidence and implementation of the collection of evidence is done as follows:

During the three-day period of work, since the date of receiving the trust record, the Court, the authorized authority to collect evidence must be taken into account of the mandate to collect evidence and conduct a measure of evidence. of BLTTDS and guidelines at this resolution.

In the process of carrying out the collection of evidence that the content required to collect evidence is unknown, the Court, the authorized authority to collect evidence that sent a document to the Court to collect the evidence to collect or clarify the content. During the five-day period of work, since the day received by the Court's request, the competent authority is mandated to collect evidence, the Court of Mandate collecting evidence must submit additional text, which clarified the request for the commission to collect the evidence.

The case of the commission for the commission to collect the evidence was not answered and found that the required content was not clarified or whether the mandate would not be done, the Court, the competent authority to collect the evidence to collect the evidence. The commission records collect evidence for the Court of Mandate and states that the reason not to do that mandate is done.

4. During the three-day period of work, since the date of the commission of the mandate to collect the evidence, or the expiration of the statute of limitations at 3 Article 93 BLTTDS, the Court, the agency that carried out the mandate to collect evidence sent the results of the mandate to the Trust Court collected. Evidence.

5. The case of the collection of evidence gathering evidence must proceed outside the Vietnam territory, then the Court carried out the mandate under the provisions of the Judicial Assistance Act, the Digital Federal Information. 15 /2011/TTLT-BTP-BNG-TANDTC 15 -9-2011 of the Ministry of Justice, the Ministry of Foreign Affairs, the Supreme People ' s Court which is instructed to apply a number of provisions on judicial equities in the civil sector of the Judicial Mutual Assistance Law and relevant law regulations.

What? 12. Personal requirements, agencies, organizations provide regulatory evidence at Article 94 of the BLTTDS.

1. Only in the event of the fact that the necessary measures to collect evidence (used all manner and ability to allow individuals, agencies, organizations to be managed, save evidence to give themselves evidence that is still not personally personalized). The agency, the agency, has the right to order the Court to collect evidence.

2. The Court request that the Court proceeds to collect the evidence that it is administered by the individual, the agency, the governing body, which holds the following key content:

A day, month, month, year,

b) The name of the Court to the request of the gathering of evidence;

c) The name, the address of the person who requires the Court to collect the evidence;

d) The specific problem to prove;

A particular evidence to be collected;

e) The reason why he did not collect the evidence itself;

g) They, the name, address of the individual; the name, address of the agency, the organization is managing, saving the evidence to collect that.

3 . When it was decided that the Court to proceed to collect evidence of the incumbent was based, the judge decided to ask for evidence. The decision to ask for a certificate of evidence must have the following main content:

And the day, in the month, the year was determined, and the name of the court made a decision;

b) Name, address of the request to provide evidence;

c) The reason of the personal requirement, the agency, the organization provides evidence;

d) The name, address of the individual, the agency, the organization is obliged to provide evidence;

The specific evidence needs to be provided to the Tribunal;

e) The deadline for the provision of evidence. The case does not provide evidence at the request of the Court, which must have a written notice to the Court to know and specify the reason;

g) The legal consequences of not providing adequate, timely evidence at the request of the Court are prescribed at 2 Article 94 of the BLTTDS.

4. The Court clerk or court officer assigned by the Chief Justice can directly ask the individual, the agency, the organization that is in charge, to provide for the evidence. The person directly requires the Court's recommendation and decides to ask for evidence. If the individual, the agency, the management organization, the certificate holder is required, the person directly requires the provision of a certificate to be published by the Judge's Certificate or Public Card or another type of identification.

In the case of the individual, the agency, the organization that is managing, keeping evidence of the evidence of the immediate delivery of the evidence, then set the report on the identification of evidence under regulation at paragraph 2 Article 84 of the BLTTDS, except the closing of the Court will be done. After. If the agency, the organization to deliver the evidence with a sign, then recommend the agency's jurisdiction, the organization to sign the name and stamp the confirmation. If the individual, the agency, the organization is managing, keeping evidence of refusing to deliver the evidence, then set the document on it and specify the reason for that rejection.

In the case of the individual, the agency, the organization that is managing, the evidence that has not yet performed the evidence of the filing of evidence, then set the document on it, and requires that they provide adequate supply, timely evidence of the Court's request for the duration of the sentence. decision (for a fifteen-day period, since the date of the decision).

In the case of individuals, the agency, the organization that is managing, keeping the evidence not provided or providing incomplete, timely evidence of the Court is subject to a degree of violations that may be processed under the rule of law (Article 385 BLTTDS rules). The decision to process a person with an act of obstruct action, collecting evidence of the person who conducts proceedings; Article 389 BLTTDS rules on personal treatment, the agency, the organization that does not enforce the Court's decision on providing evidence to the public. Court, ...).

5. In the event that the Court does not directly require the individual, the agency, the organization that manages to provide the evidence, the Court only needs to submit a decision requesting to provide evidence to the individual, the agency, the organization that he has required to provide evidence.

6. The case of the Institute of Examination Collecting Evidence by the incumbent, the individual, the agency, the organization that provides evidence (providing records, documents, materials) is only accepted by the Court if the collection of evidence is done in accordance with the rules of the law. The BLTTDS and the guidelines of the Supreme People ' s Control Institute secured the implementation of the appeal authority under the procedure of appellate, director and retrial.

What? 13. Deliver and collect evidence in the period of civil affairs.

1. In the event of the time that the appeal is accompanied by an additional evidence appeal to the Court of Inquisition in accordance with paragraph 2 and paragraph 3 Articles 244 and the corresponding appellate of the decision to resolve the civil service of the BLTTDS, the Court granted. The judge is responsible for the application of the appeal and the evidence. Additional certification is carried out in accordance with paragraph 1 and paragraph 4 Article 4 of this resolution. The receipt of additional evidence and evidence must be issued with a civil case file for the Court of Appeal under provisions at Article 255 and the corresponding appellate conditions determine the civil rights of the BLTTDS.

2. In the case of an appeal filed with an additional evidence appeal to the Court of Appeal, the Court of Appeal performed the certification in the direction of the appeal. It ' s a four-and four-thing-four. of this resolution. The Court of Appeals granted the appeal, the receipt of additional evidence and additional evidence to the Court of Appeal to conduct the necessary procedures. The court granted a civil case record of additional evidence to the Court of Appeal of Appeal in accordance with Article 255 and the appellate conditions of the decision to resolve the civil rights of the BLTTDS.

3. After serving a civil service record according to the procedure of the procedure, if there is a time to deliver evidence to the Court of Appeal, the certification of evidence is made in accordance with paragraph 2. And paragraph 4 Article 4 of this resolution.

If there is a trial in court, the session of appeal, the certification of the evidence is carried out in accordance with Article 4 of Article 4 of this resolution.

4. In the case of the Court of Appeal the conduct of evidence, the gathering of evidence is done in accordance with the guidelines at Article 5 of this resolution.

What? 14. Deliver the evidence during the period reviewing the sentence, the decision has taken legal effect according to the director of the jury, retrial.

1. After the verdict, the Court ' s decision to enforce the law, if it is required to ask for the authority to review the verdict, decide that, according to the procedure, the jury, retrial, and submit the evidence, the evidence is done as follows:

a) The case under the appeal jurisdiction of the Chief Justice of the Provincial People's Court, then the Director of the Office of the Director of the Provincial People's Court is responsible for carrying out the evidence.

The editor is on the receipt of the evidence and the Chief of the Director's Office confirmed, signed, stamped on the Court.

b) The case under the appeal jurisdiction of the Chief Justice of the Supreme Court of the People's Court, if the filing of an additional evidence at the Supreme Court of the People's Court, then the Public Defense officer sets up the evidence for the identification and the Chief of the Public Affairs, signing, The name, which is marked by the Court; if the testimony is to be given to the Judge of the Civil Court, the Court of Economics, the Court is assigned to the next public, then the Chief Inspector of the Court of Justice and Chief Justice or Deputy Chief of the Court is in charge. Chief justice confirmed, signed, stamped the Court.

2. After the verdict, the Court 's decision to take legal effect, the delivery of evidence at the People' s Control Institute was carried out under the general regulation of the law proceedings and guidelines of the Supreme People ' s Control Institute, but must be stamped on the examination. Oh,

What? 15. The proceedings are related to proof and evidence.

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

1. The receipt of the certificate (Form 01);

2. Decision review, location appraisal (Form 02);

3. Decision on the designation (Form No. 03);

4. Decision requesting to provide evidence (Form No. 04);

5. Decided to trust the collection of evidence (Form 05);

6.

What? 16. 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 04 /2005/NQ-HTP The Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court of the Supreme Court. Prior to this resolution, it took effect on the day of January 1, 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 to take effect on the legislation prior to this decision was to take effect without applying the guidelines to the resolution to appeal to the procedure of supervising or retrial, except for the case of another protest base.

Chief Justice.

(signed)

Zhang Xiaoping