Resolution 03/2012/hdtp: Guidelines For Implementing Some Of The Provisions In Part One "general Provisions" Of The Code Of Civil Procedure Was Amended And Supplemented By The Law Amending The Su ...

Original Language Title: Nghị quyết 03/2012/NQ-HĐTP: Hướng dẫn thi hành một số quy định trong phần thứ nhất “Những quy định chung” của Bộ luật tố tụng dân sự đã được sửa đổi, bổ sung theo Luật sửa đổi, bổ su...

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THE RESOLUTION.

The guide to conduct several regulations in the first section "General Regulations" of the Civil Procedal Code.

have been amended, added under the amended Law, which complements some of the provisions of the Civil Code. Well,

__________________________

THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES

Based on the Law of the People's Court.

To enforce the right and united First Section "Joint Regulations" of the Civil Procedenal Code have been amended, supplematuated. 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 leads the implementation of a number of common rules aimed at ensuring the correct implementation and unification of the First Section of the BLTTDS.

What? 2. On the mission, the powers to resolve civil affairs

1. Based on the People ' s Court Foundation and Chapter III The First Section of the BLTTDS, the mandate, the powers of the Civil Court, the Economic Court, the Provincial Court of the People's Court, the central city-central city in civil litigation is done as follows:

a) The civil court has a mandate, the powers to resolve disputes and the requirements for civil, marriage and family stipulated at the terms 25, 26, 27, and 28 of the BLTTDS;

b) The economic tribunal has a mandate, the powers to resolve disputes and the requirements of business, trade stipulated at Article 29 and Article 30 of BLTTDS; business disputes, trade that one or the parties do not have a business register, but are all available. profit purposes;

c) The Tribunal for the mandate, the power to resolve disputes and the requirements of regulation labor at Article 31 and Article 32 of the BLTTDS;

d) In the case of the base at the instruction at points a, b and c 1 This is difficult to determine whether the dispute or request is under the mandate, the jurisdiction of the Court, then the Chief Justice of the Provincial Court, the central city of the decision. determinate to a Court of Resolution addressing the common procedure. In case of civil service, the jurisdiction of the mission, the authority of the Court, is that the Court of charge continues to resolve the civil case in common procedure, but needs to score, sign and extract. in the verdict, decided to follow the instructions on Article 3 of this resolution.

2. Civil Court, the Economic Court, Supreme Court of the Court of the Supreme Court, retrial of the respective cases being directed at 1 This Article, the decision to have the legal effect of the Provincial People's Court being appealed.

What? 3. On how to score, sign and extract in the sentence, civil decision.

In addition to the number of records and years of the sentence of the sentence, the decision is to sign and quote in the verdict, the decision to resolve disputes and civil, marriage and family requirements, business, business, trade, labour, and labor as follows:

1. For the verdict, the decision to resolve the civil dispute

a) On the writing of the sign:

-For the preliminary sentence, sign the sign: DS-ST

Example: Number: 20 /2013/DS-ST

-For the trial of the appellate, the sign: DS-PT.

Example: Number: 10 /2013/DS-PT

-For the judge's decision, sign the sign: DS-GT

Example: Number: 05 /2013/DS-GT

-For a retrial decision, sign: DS-TT

Example: Number: 01 /2013/DS-TT

b) On the weak record:

-It is necessary to determine the dispute that the Court of Receptors Resolve is specified at the corresponding paragraph of Article 25 of the BLTTDS, to account for the critical part of the sentence, the decision.

For example, the dispute with which the Court of Rationing resolution is the dispute between individuals with the individual of the nationality of Vietnam prescribed at 1 Article 25 of the BLTTDS note: "V/v disputes personally with the individual of Vietnamese nationality".

-In the case at the corresponding clause of Article 25 of the BLTTDS rules the dispute group, the dispute is resolved.

For example: The dispute in which the Court of Receptor Resolution is a dispute over the agreed civil contract at paragraph 3 Article 25 of the BLTTDS, it is necessary to record the dispute over the contract; if the lease is valid, it says: " V/v disputes the contract. The civil service of the residence is "; if it is a passenger transport contract, it says," V/v disputes the civilian contract for passenger transport ".

2. For the decision to resolve civil affairs

a) On the writing of the sign:

-For the preliminary decision, the sign:

Example: Number: 01 /2013/QĐDS-ST

-For the appellate decision, sign:

Example: Number: 10 /2013/QĐDS-PT

-For the judge's decision, sign the sign:

Example: Number: 15 /2013/QDS-GT

-For a retrial decision, sign:

Example: Number: 10 /2013/QĐDS-TT.

b) On the weak record:

It is necessary to determine the specific requirements that the Court of Receptors Resolve is specified at the corresponding clause of Article 26 of the BLTTDS, to account for the critical portion of the decision.

For example, the Request for which the Court of Receptor Resolution is required to claim a person missing is stipulated in paragraph 3 Article 26 of the BLTTDS, stating: "V/v requires the claim of a missing person".

3. For the verdict, the decision to resolve the disputes and the requirements for marriage and family, business, trade, labour, the recording of the sign and the tipup was done similar to the signage and criticism of the verdict, the resolution of the solution. The disputes and civil requests, but instead sign the "DS" sign with the disputed symbol or the corresponding request: "KDM"; "KDTM"; "LE".

Example:

-For a criminal record of dealing with a business dispute, it says: Number: 09 /2013/KDTM-ST.

-For the preliminary decision to resolve the request for labor, write: Number: 10 /2013/QĐ-ST.

What? 4. On Regulation 9 Articles 25 and paragraph 6 Article 26 of BLTTDS

1. The case of the witness, the witness, who has the right and the interests involved, the state agency has jurisdiction under the rule of the law of disputed testimony to each other over the declaration of the unknown proof text that has the right to ask the Court. The declaration of the declaration of ineffector in accordance with the provisions of 9 Article 25 of the BLTTDS.

2. The case of the witness, the witness, who has the right and the relevant interests, the state agency has jurisdiction under the law of the justice law that states that the testimony is in violation of the law and together requires the Court to declare the document. The court of evidence is entitled to the Court to declare an inefficient document according to the regulation at 6 Article 26 of the BLTTDS.

What? 5. Regulation at paragraph 10 Articles 25 and paragraph 7 Article 26 of BLTTDS

1. For the forced property to enforce the court but there is a dispute over the right of possession, the person with the dispute (regulation at Article 75 of the Civil Service Enforcement Act) has the right to initiate a case of dispute involving the coercated property to enforce the execution. regulation at paragraph 10 Article 25 BLTTDS to ask the Court to determine the ownership, divide the common property.

For example 1: According to the Court sentence, A must pay B$ 500 million. Because A does not voluntarily enforce the law, the Court of Justice informs A of the coercentiation of land use as an A. C and D property that the right to use land is a common property of A, C, and D should the Court require the Court to determine the possession of C and D. in the Common Property bloc of A, C and D. In this case the Court of Grounds at the Rule of 1 Article 74 of the Civil Courts Law Enforcement Law and paragraph 10 Article 25 of the BLTTDS in order to resolve, address the common procedure.

For example 2: According to the Court sentence, A must pay B$ 500 million. Because A did not voluntarily enforce the sentence, the Court of the Court was forced to use the use of the land entitled A to enforce the execution. C argued that the right to use the land was its own property thanks to A standing by the name of the suit, which required the Court to define it as its property. In this case, the Court of Bases at Article 75 of the Law Enforcement Act, paragraph 10 Article 25 of the BLTTDS, is resolved by general procedure.

2. Request for identification of property rights, the right to use property; the division of general property for execution by law on the law of civil execution (paragraph 1 Article 74 of the Civil Service Law Enforcement Act) under the jurisdiction of the Court by statute 7 Article 26 of the BLTTDS, namely:

a) It is said that it is the property that is owned by the person who must have executed the execution of the execution of the execs for the execution of the execution.

b) There is a base that it is common property, where the part of the person who has to take the execution requires that the owner of the body be executed in the communal property to ensure the execution of the execution;

c) It is said that the right to the right to use the land of the executor of the execution, the right to determine the right to use the person's land to ensure the execution of the execution;

d) There is a base that the right to use the land is a common property, where the part of the person who has to be executed is required to determine the portion of the property of the person who must be executed in the general property to ensure the execution of the execution.

For example, according to the Tribunal's sentence, A must pay B 500 million, but it is not voluntary that the law enforcement agency informed A of the forced use of the land to be a property of A but A given that the right to use the land is a common property. A and C. Do A and C do not self-divide the portion of their assets in the common and unfiled property. In this case, if B asks to determine the portion of the property of the person to execute the case in the general property, the Court of the Base is at the stipulation at paragraph 1 Article 74 of the Law Enforcement Law and paragraph 7 Article 26 of the BLTTDS in order to resolve, addressing the common procedure.

What? 6 In regulation at Article 29 of the BLTTDS

1. Personally, the organization with business registration is personal, the organization has been registered by the authorities issuing a business registration certification business under the rule of law, namely:

a) Personal, household, cooperative organization (according to the Civil Code of 2005, the Commercial Law and other law-breaking texts of the business register);

b) Enterprise (under the Enterprise Law and law-law enforcement of the Enterprise Law);

c) Coopercooperative, cooperative association (under the Law of Co-operation and Statutes Statutes to enforce the Law of Co-operation);

d) Individuals, other organizations according to the rule of law on business registration.

2. The purpose of the profit of the individual, organization in business activity, trade is the desire of the individual, that organization gains profits without being able to distinguish or ungain profits from business activity, that trade.

3. Business activity, trade is an operation aimed at profitability, including sales of goods, services, investment, commercial promotion, and other activities aimed at 1 Article 3 Commercial Law. Business activity, commerce is not only direct to business registration, trade, but also includes other activities that serve promoting, improving the efficiency of business, commerce, and business.

For example, LLC A is issued a business registration certification in the garment sector. Company A is not limited to sewing products that are textiles to serve markets, but also includes buying materials for manufacturing, building factories, shopping for equipment, renting cars to bring workers to work, on vacation. Every year by the regime or buying a number of televitis to allow workers to entertain after work hours, ...

4. For regulatory disputes at paragraph 2 Article 29 of the BLTTDS, it is not necessarily personal, the organization must have a business register that requires only individual, organization to profit from business activity, trade; if only one side of the business is required. There ' s a profit, there ' s no profit, and there ' s a dispute over the civil rights dispute at 4 Article 25 of the BLTTDS.

5. In terms of corporate disputes with members of the company, between members of the company together in connection with the establishment, operation, dissolution, merger, merge, split, split, transform the organizational form of the regulation firm at paragraph 3, and the company. Article 29 of the BLTTDS needs to differentiate as follows:

a) The dispute between the company with its members is the dispute over the part of each member's contribution to the company (the usual portion of that capital is charged with money, but also by the item or by the value of public ownership). In terms of the stock price and the number of shares issued for each holding company; on the ownership of a portion of the company ' s assets corresponding to the part that contributed to the company; on the rights to be divided or about the obligation to suffer the corresponding portion of capital. company; on the requirement that the company change the debt or payment of the debt of the company, liquing the assets and liquing the contracts the company has signed when the solution is resolved. company; on other issues related to the establishment, operation, dissolution, merger, merge, division, separation, transformation of organizational form of the company.

b) The disputes between the members of the company together are disputes between members of the company on the value of the capital that contributes to the company between the members of the company; on the transfer of the capital that contributes to the company among members of the company. The company or the transfer of capital to the company of that company to others is not a member of the company; on the transfer of the stock, the stock is not written and the stock has its name; on the stock price, the number of shares issued and left. vote by the holding company or about property ownership corresponds to the number of corporate members ' shares; on the right to be divided or about the obligation. suffering from the hole, payment of the company 's debt; on the liquing of assets, the division of debt between the company' s members in the case of the dissolved company, on other issues between members of the company involved in the establishment, operation, dissolution, wax, and business. enter, merge, divide, split, transform the organizational form of the company.

c) When performing instructions at point a and point b paragraph 5 This, if between the company with members of the company or between the members of the company is disputed, but that dispute is not related to the establishment, operation, dissolution, etc. merged, merge, split, split, transform the organizational form of the company that only relates to other relations such as labor relations, civil relations (e.g., disputes on social insurance, on subsidies for workers, on labor contracts, on contracts, on the contract). Borrowing assets, etc.) the dispute is not a business dispute, trade stipulated at 3 Article 29 of the BLTTDS. According to specific cases, it is a civil dispute or labor dispute.

What? 7 Go back. regulation at 3 Article 33 of the BLTTDS

1. Contemporary abroad includes:

a), for example, foreigners who do not settle, do business, study, work in Vietnam to be present or not present in Vietnam at the time of the Civil Service.

b), it is the Vietnamese who settled, did business, study, work abroad, or not present in Vietnam at the time of the Civil War.

c) At the same time as foreigners residing abroad, doing business, learning, working in Vietnam but not in Vietnam at the time of the Civil Service.

d) Of course, the Vietnamese settled, doing business, learning, working in Vietnam, but not in Vietnam at the time of the Civil War.

The agency, the organization, does not distinguish it from the agency, the foreign organization or the agency, the Vietnam organization without its headquarters, the branch, the office of representatives in Vietnam at the time of the Civil Service.

2. To the request for the annulled marriage of law, the settlement of divorce, the rights disputes and obligations of the spouses, fathers, mothers and children, on the adoption of the father, mother, child, child raising and custody among Vietnamese citizens residing in the border area with citizens. of the neighboring country ' s residence in the border with Vietnam, then prescribed in paragraph 3 Article 102 of the Marriage and Family Law is under the jurisdiction of the District People's Court, the district, the town, the city of the province, the residence of the citizens. Vietnam.

3. Property abroad

The property abroad is the property defined by the provisions of the Civil Code of 2005 outside the borders of the territory of the Socialist Republic of Vietnam at the time of the Civil War.

4. Need to mandate the judiciary for the agency to represent the Socialist Republic of Vietnam abroad, to the Court, the competent authority of the foreign country.

It is necessary to mandate the judiciary for the representative body of the Socialist Republic of Vietnam abroad, for the Court, the competent authority of the foreign country to be the case in the process of addressing the civil affairs required to conduct one or some of the criminal activity. The people abroad that the Vietnamese Court could not be able to exercise, required the agency to represent the Socialist Republic of Vietnam abroad, or to recommend the Court, the competent authority of the foreign country to follow its provisions. the international wish that Vietnam is a member or in the principle of having it again.

5. No Change Court resolution changed

a) For civil affairs not belonging to one of the cases prescribed at paragraph 3 Article 33 of the BLTTDS; guided at the 1, 2, 3 and 4 Articles, and that is legally resolved by the District Court of the People's Court, if in the course of the solution. the new decision, such as having a foreign asset or property, or a need to mandate a judicial mandate to the representative body of the Socialist Republic of Vietnam abroad, for the Court, the Foreign Office of the Foreign Office, is prescribed at Article 412. of BLTTDS, the District Court of the District of the District has resolved to resolve the civil case.

b) For the civil case belonging to one of the cases prescribed at paragraph 3 Article 33 of the BLTTDS and instructed at paragraph 1, 2, 3 and 4 This and being legally resolved by the Provincial People ' s Court correctly, if in the settlement process. There is no contemporary change, the foreign asset and the need to mandate the judiciary for the representative body of the Socialist Republic of Vietnam abroad, for the Court, the Foreign Office of the Foreign Office, as prescribed at Article 412. BLTTDS, the Provincial People ' s Court has been reasonable to resolve the civil case.

What? 8. Regulation at Article 35 of BLTTDS

1. On the principle of general jurisdiction addressing the civil case of the Court under the territory determined by the stipulation at the point a 1 Article 35 of the BLTTDS.

2. The case of the same self-agreement by writing has the right to ask the Court of residence, the work of the plaintiffs, if the plaintiffs are individual or where the plaintiffs are based, if the plaintiffs are the organ, the organization addressed. That agreement was not contrary to regulation at Article 33 and Article 34 of the BLTTDS.

For example: In the case, the plaintiffs resided in the M district of the province of N and was given a B residence in the X district of the province of Y. According to the principle of District Court X District Y where the B-residence was suspended. If the parties agreed to the Court where the A-residence would have to ensure the jurisdiction of the Court. If the case is under the jurisdiction of the District Court, the agreement is accepted only when the agreement is resolved by the District Court of M. If the settlement agreement is resolved, the agreement is not accepted.

3. For the dispute over real estate at the point of paragraph 1 Article 35 of the BLTTDS, only the Court where there is a new estate has jurisdiction to resolve.

4. In the case of marriage and family, inheritance of the property, which has a dispute over the estate, the Court ' s jurisdiction is determined by regulation at point a, b paragraph 1 Article 35 of the BLTTDS.

5. The identification of the residence, work, where the specified headquarters at Article 35 of the BLTTDS is determined at the time of the filing filing, the application requires the Court to resolve the civil case.

What? 9. Regulation at Article 36 of BLTTDS

1. When considering the requirements of the plaintiffs ' selection of the Court of the Civil Service, then in addition to having to perform the correct regulation at Article 33 and Article 34 of the BLTTDS on the jurisdiction of the Courts level, it should be distinguished as follows:

a) For the case where Article 36 of the BLTTDS rules the requirements of the Court to resolve the civil case to be conditional, the Court only accepts the request when that condition occurs.

For example, a 1 Article 36 section of the BLTTDS rules: "If you do not know where the residence, work, the seat of the defendant, the plaintiffs may ask the Court where the defendant resides, work, have the final headquarters or where the defendant has a settlement." As such, only in the case of not knowing where to reside, to work, the headquarters of the defendant, the new plaintim may ask the Court where the defendant resides, work, with the final headquarters or where the defendant has a settlement.

b) For the case in which Article 36 of the BLTTDS stipulated that the Court option to resolve the civil case does not need any conditions, the Court accepted that request.

For example, a Article 36 of the BLTTDS rules states: "If the dispute over compensation damages the contract may require the Court to reside, work, or place the damage to the settlement". Thus, in this case the requirement for the selection of the Court to resolve the civil dispute does not require any conditions, so the plaintim may ask the Court where he resides, work, based or where the damage to the settlement and the damage. The court accepted that request.

2. In the case of the plaintiffs, the person who asked to select multiple Courts has jurisdiction to resolve the civil case (e.g., the Court where the defendant is being held, working, has its last headquarters or where the defendant has a property stipulated at the point a Article 36 of the BLTTDS), when the application is filed, the Court must explain to them that only one Court in the Courts is required by law to address the civil case in order for them to choose. Therefore, the person who is required to commit in the lawsuit or in the order is not to be sued or not required in other Courts.

In the event of the applicant, who asked to submit a lawsuit, the filing of a request at various Courts is regulated by the law, then the Court has the first reason under the jurisdiction to address civil affairs. The other Courts, if not rational, are based on the 1 Article 168 clause of the BLTTDS that returns the lawsuit, the order required; if it has been treated, the base at the point of clause 1 Article 168 and point 1 Article 192 of the BLTTDS are determined to suspend the case. the civil service, and the name of the civil service in the leder, and the repayment of the order, the request of the same document, and the proof that it was given to him.

If the criminal charges are filed, the Court of Conduct on 3 Articles 193 of the BLTTDS returns a fee for the applicant's fee.

What? 10. Regulation at paragraph 1 Article 37 of BLTTDS

When a civil trial was found not under his jurisdiction, which was under the jurisdiction of the other local People's Court on the same level or another, the Court granted the civil case the decision to move the civil case file. for the Court to be competent and to abolish the rationing. In the case of the incumbent payment of the fee, the Court of the Court of the Court moved the civil case not to return a fee to the incumbent that the legal advance had been filed when the Court had jurisdiction over civil affairs. The decision to move the civil case file was resolved by the judge to resolve the civil case and seal of the Court. This decision must be submitted immediately to the Institute of the same degree, the incumbent, the individual, the agency, the relevant organization. The court has jurisdiction after receiving a decision to move the civil case and the civil case file must enter the rationing and continue to resolve that incident in accordance with the general regulation.

What? 11. The Court ' s decision in some specific cases.

1. The case is disputed and has a lawsuit that requires the Court to resolve, if after the Court of Inquisition and in the time of the preparation of the preliminary trial of self-agreement together on solving the full case, then the Court must compile a written statement. Of that agreement and the decision to recognize the agreement of the stipulation at Article 187 of the BLTTDS.

2. The case of parties asking for the recognition of divorce, raising children, split the property when divorce; the request for recognition of a change in person to change the child directly after the divorce is prescribed at paragraph 2 and paragraph 3 Article 28 of BLTTDS, but after the Court. Rationing and in the process of addressing the civil rights of the parties with a change in agreement, it should be distinguished as follows:

a) If the parties change the agreement (part or the whole) by a new agreement, the Court continues to resolve the civil service according to the general procedure;

b) If one or the parties change the agreement (part or the whole), but no agreement has been agreed before and disputed, it is considered to be the required withdrawal. The court is based on Article 311, and a Section 192 of the BLTTDS is determined to address the civil settlement. In this case the Court needs to explain to the incumbent if they still have a request for the Court to resolve, it is required to start a civil case in accordance with the general procedure.

What? 12. On Regulation at Article 43 of BLTTDS

The "Secretary of the Court" stipulated at Article 43 of the BLTTDS as the person to conduct proceedings including those who were held by the "Secretary of the Court" and those who were promoted to the "Legal Specialist", "Judge" was conducted by the Chief Justice Tribunal. The proceedings of the civil case and the implementation of the duties, the powers stipulated at Article 43 of the BLTTDS.

What? 13. Regulation at Article 46 of BLTTDS

1. As prescribed at 1 Article 46 of the BLTTDS, the person who conducts proceedings must refuse to conduct proceedings or be changed, if they are the relatives of the incumbent (including the plaintiffs, the defendant, who has the rights, the related obligations) in the civil case.

2. The loved one is the one who has the following relationship:

a) The wife, and the husband, the father, the father, the father, the foster mother, the children of the children, the children of the same;

b) was the grandfather, grandmother, grandfather, grandmother, brother, sister, sister, brother of the same;

c) As a physician, and uncle, and brother, and brother, and aunt,

He is the grandson of the same, which is the grandfather, grandmother, grandfather, grandmother, uncle, uncle, brother, brother, aunt, and aunt.

3. There is a clear base to suggest that they may not be ineligible while on duty are in addition to the prescribed cases at paragraph 1, paragraph 2 Article 46 of BLTTDS, in other cases (as in a relationship of affection, intelligence, partnership, the economic relations, etc.) there is a clear base to be able to assert that as a judge, the People's Assembly, the Auditefactor, the Secretary of the Court is not as unitable as it is on duty. For example: The People 's Court is the brother of the plaintim; the judge is the son-in-law of the defendant; who has the right, the obligation to relate to the Chief of the Agency where the Judge' s wife works, ... which has a clear base proving to be in life between them. We have a relationship with each other, the economic relationship, the ...

It is also considered to be a clear base to suggest that they may not be unaudable while on duty if in the same trial of the civil trial of the People 's Examine, Judge, the People' s Assembly and the Court Secretary are relatives of each other or if Judge, Society. For the people, the prosecutor is assigned to a civil trial judge whose relatives are the judge, the People's Assembly, the prosecutor who has been involved in the trial, the jury of that case.

What? 14. On regulation at paragraph 2 and paragraph 3 Article 47 of the BLTTDS

1. According to regulation at paragraph 2 Article 47 of the BLTTDS, then the judge, the People ' s Court must refuse to conduct proceedings or be changed if they are in a trial council and are relatives of each other. However, when there are two people in the Society for their own treatment, only one must refuse or be changed. The decision to change who before the trial was made by the Chief Justice of the Court, at the trial of the jury. The identification of the judge, the People's Assembly, in the same Council, is the one that is compatible with each other in accordance with the guidelines at paragraph 2 Article 13 of this resolution.

2. According to regulation at paragraph 3 Article 47 of the BLTTDS, then the judge, the People's Assembly must refuse to conduct proceedings or be changed if they "have been involved in the trial of the appellate, the appellate, ... in that case". I've been involved in the trial, the appellate, ... in that case, was involved in solving the case and issued a preliminary sentence, a court of appeals, or a decision to recognize the agreement of the authorities, to decide the suspension of the case.

What? 15. Regulation at paragraph 2 Article 51 of BLTTDS

1. At the trial of the person who asked to change the proceedings must present the reason and the base of the request to change the proceedings.

The jury heard the person who was asked to change their opinions on the request to change the proceedings.

The request to change the person to conduct the proceedings and the presentation of the person with the request, of the person being asked for change must be fully written on the court ' s version. The jury deliberated at the conference room and was based on regulation at Articles 46, 47, 48, and 49 of the BLTTDS and guidelines at Article 13 and Article 14 of the resolution decided by a majority of changes or no changes to the proceedings.

In the case of a decision to change the proceedings, it was decided that the decision to postpone the trial and to suggest that the person who had the authority to send other people to replace the proceedings was changed over the three-day period, since the date of the decision. -And the deadline for the trial.

2. The decision to change or not change the person who conducts proceedings must be publicly announced at the trial. The decision to change the proceedings must be submitted immediately to those with the authority stipulated at 2 Article 51 of the BLTTDS.

What? 16. In regulation at paragraph 3 Article 57 of the BLTTDS

According to the regulation at 3 Article 57 of the BLTTDS, "At the same time the person from the eighteen-year-old is full of capacity for civil litigation, except for the loss of the power of civil conduct, who is limited to the competence of civil conduct or other regulated law". Thus, in addition to the exclusion of people who lose the ability of civil behavior, who are limited to civil conduct, if in the case of other regulated legislation, the less than eighteen years old can still be full of civil litigation or vice versa. Ten or eight years old, you can still be without a full force of civil service. Thus, to determine the correct capacity of a particular person's civil litigation, in addition to the regulation of the BLTTDS The Court must consider having a written legal document which rules other laws of civil litigation.

Example 1: In the absence of an eight-year-old, there is a full capacity for civil litigation. According to regulation at Article 9 of the Marriage and Family Law, women from the age of eighteen or older are married and in the direction of a No. 1 Resolution 1. 02 /2000/NQ-HTP 23-12-2000 The Supreme People 's Court of the Supreme Court of the Supreme People' s Guide to adopting certain provisions of the Marriage and Family Law, the female step to the age of eighteen that is married is not to violate the conditions of marriage; therefore, when asked the Court to explain it. It ' s about marriage and marriage, and they have the right to participate in civil litigation.

Example 2: In the case of men aged eighteen or older, there is no full capacity for civil proceedings. Under the regulation at Article 41 of the Marriage and Family Law, the father, mother may be decided by the Court to not give the care to care, care, educate, manage your own property or represent the law of the child; therefore, in the statute of limitations prohibited by the Court. I am not allowed to serve as a representative of the civil service as a representative of the law.

What? 17. On Regulation 2 Article 58 of BLTTDS

1. It was only required to record, copy the document, the evidence contained in the case file before the Court opened the trial of the case. When you have a request for a record, a copy of the document, the evidence, they have to do the court order. If they go directly to the Court presenting the claim to be documented, copy the document, the evidence, they must also be shown by text to the Court. If the person is not literate, then the Court of Appeal states their request. The margin must be read back to the person with the listener request, the sign or the confirmation point.

Single or text requires a specific record of the names of the document, the evidence that you need to write.

2. On the basis of the incumbent ' s offer, the Court facilitales them to be documented, the copy of the document, the evidence they have required. However, according to the regulation of the case of the case filing, on the responsibility of the cadres, the public of the agencies to conduct proceedings in the preservation of the case file, the Court required that the authorities exercise the right to write, copy the documents, the evidence in the case. Case file:

a) The court provides for the contemporary of the documents, the evidence to be documented, to be taken at their request, so that they perform their records, their cameras, or their other technical means. The evidence has to do with the case, not a state secret, a career secret, a business secret, a private secret. If there is no document at the request of the incumbent, it is necessary to specify the reason.

b) In the event of the absence of a camera or other technical vehicle to take a shot at and thanks to the Court of the Taking, it is subject to specific conditions, the court staff that can be taken care of. The cost of a general order. The possible capture may be done immediately or may be in a reasonable deadline due to the Court of Inquisition.

c) The recording, the snapshot must be made at the seat of the Court under the supervision of the Court staff and must comply with the laws of state secret protection, professional secrecy, business secrecy, private secrecy.

What? 18. On Regulation at Article 63 of BLTTDS

1. Depending on the specific case that the person who is being given to the protection of the right and the legitimate interests of the incumbent must be presented to the Court of documents, the following document:

a) For the Lawyer, it must be presented to the Court of Recommendation of the Office of the Attorney's Office where they are members or have a contract to make them participate in proceedings at the Court and the Bar.

b) For legal assistance, a participant in legal assistance must be presented to the Court of Recommendation by the Executive Order of the Executive Order to allow them to participate in the proceedings and the legal aid card or the legal aid partner card.

c) For others, it must be presented to the Court of Text whose contents show the will of the will of the protection of the right and the legal benefits to the incumbent; the text of the People's Committee, the ward, the town where they reside or of the agency, the organization where they do. the confirmation that they have no convictions, which is not being charged with criminal prosecution, is not in the case of being imposed on administrative treatment, not cadres, civil officials in the Courts, Inspects, Public Security; one of the types of paper itself (such as: It proves the people, passports, passports, etc.).

2. During the three-day period of work, since the date received full paperwork, the document, the judge was assigned to resolve the case to consider the settlement. If they have the full course of conditions, the paper grants the defender of the right and the legitimate interest of the incumbent to join the proceedings. If they do not have full of conditions then do not accept and inform the incumbent and the person who is refused to know if it is clear the reason of not accepting it.

3. In the process of solving the case, if the person defending the right and legitimate interests of the incumbent has one of the prescribed behaviors at Article 385 of the BLTTDS, then the judge is assigned to address the editorial case on the violation of the rights protection and rights. the legitimate interests of the incumbent. The text must have the signature of the editor of the editor, the violer, the witness. If the offender refuses to sign the document, the judge must record the rejection. In the case of the trial that the offender continues to participate in the proceedings as the defender of the right and the legitimate interests of the incumbent is not objectively for the settlement of the case, the Court does not accept that the offender continues to participate. proceedings as the defender of the right and the legitimate interests of the incumbent, and informed the incumbent and the person.

4. At the new incumbent hearing by the defender of the right and the legitimate interests of the incumbent, the Council for the trial shall be accepted, if the person is in charge of the defender of the right and the legitimate interests of the right to meet the conditions that are directed at 1. This and that acceptance did not interfere with the Council on trial.

The jury does not accept the offer of adjourning the trial for the protection of the authorities and the legitimate interests of the incumbent.

What? 19. On Regulation 2 Article 64 of BLTTDS

In terms of the regulation of the authorities and the legitimate interests of the incumbent to be documented, how to take the necessary documents contained in the case file to carry out the protection of the rights and the legitimate interests of the incumbent, implemented similarly to the guidelines on Article 17 of the This resolution.

What? 20. On Regulation 3, 8 and 9 Article 66 of BLTTDS

1. On paragraph 3 Article 66 of the BLTTDS

a) Related to state secrets is related to the problems (information, news, content, etc.) in the laws that violate the laws of the state authorities that are legally prescribed by law to have levels: "Absoluve", "Secret" or "Secret".

b) In relation to professional secrecy, business secrecy, private secrecy is related to professional secrecy, business secrecy, private secret secrets that are legally protected by the government.

c) There is a bad, detrimental effect on the person in the case as a person with a family of witnesses.

c1) The identification of the person ' s relatives is performed similarly to the instructions at paragraph 2 Article 13 of this resolution;

c2) The adverse effect for the incumbent is the case if the person testis to what he knows is adversely affecting happiness, honor, dignity, prestige, or other bad influence in life, work, production, business of the incumbent. And of the witnesses of the witnesses,

d) If a witness refuses to declare for reasons that are directed at points a, b and c paragraph 1 This, then the judge must explain to them if the refusal to declare no grounds, then they are liable under the rule of law.

2. On paragraph 8 Article 66 of the BLTTDS

a) The trial council can only make a decision to lead the person to testify to the trial when there is full of the following conditions:

A1) The witness was given a valid summons;

The man who testified didn't come to trial without a cause.

A3) The absence of witnesses at the trial caused an impediation for the trial;

The sentence of the testimony to the trial may be made before the Assembly's trial in the Chamber of Deputies for the resolution.

b) The decision to lead the witness must be delivered immediately to the police force of the Guard and the judicial assistance of the competent People ' s Public Security to carry out the regulation at the Fourth Notice. 15 /2003/TT-BCA (V19) on 10-9-2003, the Ministry of Public Security directed the judicial assistance of the Guard Police and the judicial assistance of the People's Public Security.

3. On paragraph 9 Article 66 of the BLTTDS

In the trial period and at the trial of the trial, the judge or the Board of Appeals required the witnesses to commit to the Court for the exercise of the right, their obligations, except for the witness who was not a teenager. The testimony of the witness must have the following content:

a) Commit has been clearly interpreted by the Court for the right, the duty of the witness;

b) Cam declared honest declaration before the Court;

c) Cam is fully accountable to the law of his testimony.

During the trial period, the testimony of the witness was written to the testimony of the testimony of the witness. At the trial, the testimony of the testimony was written to the court.

What? 21. On Regulation at Article 73 of BLTTDS

According to the regulation at paragraph 2 Article 73 of the BLTTDS, the agency, the organization of the prosecution to protect the legal rights and interests of the other, is also representative of the law in the protection of the people of the protected person. In this case the agency, the organization of the initiation of the proceedings is carried out through a representative under the law or representative under the authority of the agency, the organization.

What? 22. Regulation at Article 75 of BLTTDS

1. As defined at the point b 1 Article 75 of the BLTTDS who is being represented by law in civil proceedings for an incumbent, it is not to be represented by law to another incumbent in the same case that the right and benefits are valid. These are the things that are against each other. In this case, they are represented only by law to the authorities that they are represented by the law of that person in the case.

For example: Mr. B is a legal representative for the lost wife of civil conduct, being not legally represented by his biological brother as an unborn person in the same case, if the right and the legitimate interests of the child are not. The wife and the brother were opposing each other. In this case Mr. B can only be represented by the law of the wife in civil proceedings.

2. According to the regulation at paragraph 3 Article 75 of the BLTTDS, the cadre, the public in the Court, the Security, the Public Security is only represented in civil proceedings when it is in one of the following cases:

a) When they are representative of the law to their agency or the representative of their authority.

b) When they are represented by the law of the incumbent (not their agency) in the case.

What? 23. On the time of the regulatory launch at paragraph 3 Article 159 of the BLTTDS

1. For the civil dispute whose text of the rule of law has the stipulation of the time of the event, the application of the statute of events is specified in the text of that law.

For example 1: For the dispute over the insurance business contract, as stipulated at Article 30 of the Insurance Business Law, the onset of the insurance contract is three years, since the time of the dispute.

For example 2: For individual labor disputes, in accordance with the provisions at paragraph 2 Article 202 of the Labor Code, the onset of a personal labor dispute is 1 year from the date of the discovery of the behavior that each party disputes the right, interest. My law is violated.

For example 3: For the dispute over inheritance inheritance, confirming its birthright or rejecting the birthright of others, as stipulated at Article 645 of the Civil Code of 2005, the time of the onset is ten years, since the time of succession.

2. For the following civil disputes then do not apply the launch period:

a) The dispute over the ownership of the property is the dispute of who has the right to possess, to use, to take that property;

For example, the dispute has the right to own the residence; if a lawsuit is made, the Court of Inquisition; the acceptance or not the basis of the laws of the law.

b) The dispute over the claim of property led by others, possession of a dispute over property owned by the owner, the right to use its legal authority, but by others governing, possession of that property;

For example, the house is owned by A but is administered by the B; A document proves the house is owned by A and the claim to the house, the Court of Rationing; the acceptance or not the basis of the provisions of the law.

c) The dispute over land rights in accordance with the rule of land law is the dispute who has the right to use that land.

3. For civil disputes that arise from civil transactions (property loans contracts, asset leasing, asset leasing, property securities, outsourcing contracts, shipping contracts, land-based transfer contracts, land-based lease rights contracts, contracts, contracts, and contracts). The lease of the rights to the land, then the solution is as follows:

a) For the dispute that arise from the civil transaction, the prescribed effect in the text of the rule of law corresponds to that kind of transaction.

For example, the dispute over the lease is the deadline for the lease of the property to be determined by regulation at Article 427 of the Civil Code of 2005, the time of the launch period is 2 years.

b) For the dispute over property rights, in terms of property requirements, which reclaim the right to use the land administered by others, the possession through civil transactions does not apply the onset of the event.

For example 1: On 01-01-2008, A for B loans 500 million copper, a loan period of 1 year. On 1 January 2009, B did not pay for the money and interest. On March 3, 2011, A lawsuit demanded that B return the money and interest. For payment of interest payments, the Court did not resolve because of the end of the event. For a request for payment of the original currency, the Court of Reasoning is not applicable, the Court of Rationing is resolved in accordance with the general procedure.

For example 2: The case of a property lease which has a dispute over the lease of the property, the onset of the statute for the lease of the property is determined by regulation at Article 427 of the Civil Code of 2005. For the dispute over the return of the lease property due to the person being managed, the property is based at the point of a 3 Article 159 of the BLTTDS and the B point b 3 of this does not apply the time of the initiation.

Example 3: For the intellectual property rights dispute whose dispute over who has the right to possess that intellectual property does not apply the time of the event. If disputes over intellectual property rights, then apply the corresponding era to that intellectual property transaction.

4. For the civil dispute that the law of the rule of law has no rules on the timing of the event and is not in the prescribed case at point a 3 Article 159 of BLTTDS and guidelines at paragraph 2 and point b 3 This, then the onset of the case. The civil trial is two years, since the day of the individual, the agency, the organization that knows the right and the legitimate interests of his trespassing.

For example: Article 111 The Rail Law stipulated "The time of the prosecution for the request to resolve the dispute over the contract in railway business activities is carried out under the rule of law on civil litigation and law on commercial arbitration".

5. The timing of the start of the launch period is calculated from the date of the right and the legitimate interests of the individual, the agency, the organization, public interest, the interests of the State of the trespassing and are defined as follows:

a) For civil obligations to which parties have agreements or laws that stipulate the time of execution, if the expiration of the statute of the party is not done, then the expiration date of the obligation is the date of the intrusion;

b) For the civil service that the parties do not deal with or law does not stipulate the statute of time, but as defined by the law, the parties may perform the obligation or request to perform the obligation at any time but inform each other. If the deadline was expired, if the deadline was expired, the expiration date was announced as the date of the breach.

c) The case when the expiration of the civil service implementation, the parties with the agreement to extend the deadline for that obligation, then the identification of the right and the legitimate rights violated the base on the date of the termination of the agreement of the parties and implemented as direction. That's the point.

d) In the course of the contract that there is a breach of the obligation in the contract, the date of the violation of the obligation is the date of the intrusion, unless the parties have other agreements. If a single party is to contract only the single day of the contract is the day of the breach.

In case of collateral damage, health, and life, the day of the breach of property, health, and life, is the day of the breach.

e) In a law of law or in a civil transaction, if trespassing occurs at various times, the timing of the onset of the onset is calculated from the time of the final invasion.

g) In cases guided at points a, b, c, d, e and e paragraph 5 This if the parties have another agreement about the timing of the start of the event, then the timing of the start time is determined by the agreement of the parties.

6. According to regulation at Article 160 of the BLTTDS, the regulations of the Civil Code in 2005 are about the time applied in civil proceedings; therefore, the non-application of the event, time does not count at the time of the onset, restarts the beginning. This is done by the Civil Code of 2005.

What? 24. On the time of the regulation requirement at paragraph 4 159 of BLTTDS

1. For the civil settlement requirement that in the text of the rule of law there is regulation of the required time, the prescribed application of the text of the law is applicable.

For example 1: For a request for a decision to cancel arbitration, the required deadline is thirty days from the date of receiving the arbitration judgment stipulated at Article 69 of the Commercial Arbitration Law.

For example 2: For the non-recognition of the sentence, the civil decision of the Foreign Court is not required to be enforced in Vietnam, the required deadline is thirty days from the date of receiving the sentence, the civil decision of the Foreign Court without a request. It operates in Vietnam in the 360 at the BLTTDS.

2. For the civil settlement requirement that in the text of the rule of law does not stipulate the required time the Court requires the Court to resolve the civil service as a year, since the date of the required birth, except for the specified case at 4 Articles. 159 of the BLTTDS and guide at paragraph 3 This.

For example, for the claim to declare an inefficient document of law at 6 Articles 26 of the BLTTDS and Article 45 of the Law of Justice, the Court required the Court to declare an inefficient document a year from the date of the required birth.

3. For the request to address civil rights regarding the civil rights of the following individual, then do not apply the required time:

a) The request for a declaration of a person who loses the competence of civil conduct or is restricted to civil conduct; requires the cancellation of a decision on a person who loses the competence of civil conduct or is restricted to the capacity of civil conduct specified at Article 319 and Article 322 of the BLTTDS;

b) Request for the declaration of a missing person; cancellation of the decision to declare a specified missing person at Article 330 and Article 333 of the BLTTDS;

c) The request to declare a person is dead; the request of cancellation of the decision claims one is dead stipulated at Article 335 and Article 338 of the BLTTDS;

d) Request to restrict some of the rights of the father, mother to the unborn child prescribed at Article 41 of the Marriage and Family Law;

Other cases by law.

4. The timing of the time required

The timing of the required date is calculated from the date of the birth of the claim.

For example: Under the regulation at Article 45 of the Law of Justice, then the Public Prosecation, the witness, the witness, the witness, who has the right and the interests involved, the state agency has the authority to offer the Court to declare the title of inefficient evidence when possible. The base is supposed to be a violation of the law. In this case the timing of the required time is calculated from the date of the required birth. The date of the birth of the claim is that the date of the testimony is in violation of the law.

What? 25. Proceedings.

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

1. Preliminary Civil War (Form 01);

2. The certificate for the protection of the authorities and the legitimate interests of the incumbent (Form 02).

What? 26. Performance Performance

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

Number resolution 01 /2005/NQ-HTP October 31-2005 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 Justice in 2004 and guidelines on matters that have been directed at this resolution by the Court of Justice. The Supreme People issued prior to this day the resolution took effect on the effective date of 01-7-2013.

2. For civil affairs, marriage and family, economics, labor that the Court has taken, but has not yet tried trial, trial or jury trial, retrial, applying the guidelines at this resolution to resolve.

For the verdict, the Court's decision to take effect on the legislation prior to the 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.