Circular 04/2012/ttlt-Tandtc-Vksndtc: Guide The Implementation Of Some Provisions Of The Code Of Civil Procedure Regarding The Prosecutor Obeys The Law Of Civil Procedure

Original Language Title: Thông tư liên tịch 04/2012/TTLT-VKSNDTC-TANDTC: Hướng dẫn thi hành một số quy định của Bộ luật Tố tụng dân sự về kiểm sát việc tuân theo pháp luật trong tố tụng dân sự

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CIRCULAR guiding the implementation of some provisions of the code of civil procedure regarding the Prosecutor obeys the law of civil procedure in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform enforcement of the provisions of the code of civil procedure no. 24/2004/QH11 on 15 June 2004 (amended additional, according to the law amending and supplementing some articles of the code of civil procedure no. 65/2011/QH12 on March 29, 2010) about the Prosecutor comply with law in civil proceedings, ensuring good relationship between people's Procuratorate and people's Court, the Supreme People's Procuratorate and the Supreme People's court system for guiding the implementation some of the points as follows: chapter I GENERAL MATTERS article 1. Scope this circular guiding the implementation of some provisions of the code of civil procedure no. 24/2004/QH11 on June 15, 2004, amended and supplemented by the law on amendments and supplements to some articles of the code of civil procedure no. 65/2011/QH12 on March 29th, 2011 (hereinafter abbreviated as CPC) about the procedure for conducting a number of responsibilities service, the powers of the people's Procuratorate, people's Court in the Prosecutor's activities comply with the law in civil proceedings.
Article 2. Move the profile service civil 1. The Court of record in civil cases transferred to the Procuratorate at the same level Procuratorate to join the trial, under the provisions of the CPC session, except for the Procuratorate at the same level with the competent court of appeal, cassation or retrial has protest under procedure of appeal , cassation or retrial. The civil case records transfer are as follows: a) the Procurator case involved the trial of first instance according to the provisions in clause 2 article 21 CPC and guidance in article 7 of this circular, the Court of first instance delivered the decision bringing the case to trial to the Procuratorate at the same level as soon as the Court decision put the case to review treat.
Within 5 working days from the date of the decision to bring the case to trial, the Court of first instance to file civil case to the Procuratorate at the same level. Within 15 days from the receipt of the case file, the Procurator must return the record to the Court as specified in paragraph 2 to article 195 CPC to open trial according to the provisions in paragraph 3 to article 179 CPC.
b) within 5 working days from the date of the decision to bring the case to trial, the Court of appeal to move civil case file along with the decision to take the case to trial to the Procuratorate at the same level. Within 15 days from the receipt of the case file, the Procurator must return the record to the Court under the provisions of clause 2 Article 262 CPC to open trial as stipulated in paragraph 2 to article 258 CPC.
c) courts send civil records along with the decision to open the session of first instance, appeal to resolve the civil procurator at the same level as soon as the Court decision opens the session. Within 7 days from the date of the record, the Procurator must return the record to the Court to open the session in accordance with paragraph 1 Article 313 and 318 CPC.
d) the Court of appeal sent the case file, together with the decision to open the session of appeal against the decision to temporarily suspend the decision settling civil cases of the Court of first instance to the Procuratorate at the same level as soon as the Court decision opens the session. Within 15 days from the receipt of the case file, the Procurator must return the record to the Court to open the session.
DD) case of Procuratorate participated in sessions that appeal expired, then after receiving the appeal expired documents, and evidence to justify the reason for filing an appeal (if any), the Court of appeal sent the appeal and the documents, and evidence for the Procuratorate at the same level to participate in research meetings. Within 5 working days from the date of receiving the appeal and the documents, evidence, the Prosecutor must return the appeal and the documents, and evidence for the Court to open the session as specified in paragraph 2 to article 247 CPC.
e) where the Chief Justice of the Supreme People's Court or the Chief Justice of the provincial people's Court protest under procedure of Cassation, a retrial, the Court shall have jurisdiction of Cassation, retrial send civil case along with appeals decision for the Procuratorate at the same level as soon as the Chief Justice of the Court of Appeals decision. Within 15 days from the date of the record, the Procurator must return the record to the competent courts of Cassation, a retrial in accordance with paragraph 2 or article 290 Article 310 CPC to open trial according to the provisions of article 310 or CPC 293.
2. Transfer of civil case records for the Prosecutor to consider appeals by appellate procedure is performed as follows: after receiving the verdict, the decision of the Court of first instance is not yet in force legislation which Procuratorate at the same level (in case the Procuracy do not participate in the trial at first instance civil cases) or the superior Procuratorate directly review see the need to study the records of civil case to consider appeal appeal, the Procurator has the text require the Court of first instance civil service records transferred to the Procuratorate.
Immediately after receiving the request of the Prosecutor, the Court of first instance civil service records transferred to the procuratorate has written request.
The latest is immediately after the expiry of the appeal of appeal specified in article 252 and item 2 Article 317 CPC, the Procurator must pay civil case records for court adjudication or settlement of first instance.
3. The Court, Procurator deems necessary to research the civil case records to report who had the right to protest under procedure of Cassation or retrial, then transferring the civil case records are as follows: a) the provincial court, the provincial procuratorate have written asking District Court issued the verdict the decision in effect the law transferred civil case records that the provincial court, the provincial procuratorate. The Supreme People's Court, the Supreme People's Procuratorate has written request Court records management ánđang file civil cases that the Supreme People's Court, the Supreme People's Procuratorate.
Within 7 working days from the date of receiving the written request to transfer records, transfer of court records in civil cases to the Court, the Procurator has the required text.
b) Procurator case appeal cassation appeal or retrial, the Procuratorate immediately transfer the records along with the decision to appeal to the competent courts of Cassation or retrial under the provisions in article 290 310 or CPC to open trial according to the provisions of article 310 or CPC 293; at the same time inform the Court moved a profile for the Procuratorate said.
4. in case the Court, Procurator had requested the transfer of records of civil case to consider appeal under the procedure of Cassation or retrial shall transfer the record is made as follows: a) the same case received the written request of the Court and the Procuratorate, or the case has received the written request of the Procurator period before but 07 working days from the date of receiving the request, the records have not been transferred to the Procuracy but received the request of the Court, the Court shall transfer the records management profile for the Court and request notification in writing to the Institution the Prosecutor has demanded to know.
b) where the Court or Procuratorate is the body receiving it within a period of 3 months (for the complex case or objective obstacles, the time limit of not more than 6 months) from the date of receiving the case file, if the Court, Procurator does not appeal the move profile are as follows : b. 1) where the Court is receiving ahead but within the time limit is instructed in point b of this clause that the Court did not protest, if the Procurator continued to require the transfer of records, the Court transferred the records to the Procurator had requested and notify the Court has transformed the record for yourself to know; If the Procuratorate had asked not to continue to request the transfer of records, the Court returned to the Court to transfer the original profile.
Within the instructions in point b of this clause that the procuratorate has asked received no protest records, the Procuratorate moved civil case records for the Court has moved to the original profile.
b. 2) where the Prosecutor is the organ of the Institute receive the previous profile but within the instructions in point b of this clause that Procuracy doesn't appeal, if the Court continues to require the transfer of records, the Procuracy transfer record for the Court had requested and informed ngaycho the Court has transformed the record for yourself to know; If the Court had asked not to continue to request the transfer of records, the Procuratorate returned to the Court to transfer the original profile.
Within the instructions in point b of this clause that required court received no appeal records, the Court transferred the civil case records for the Court has moved to the original profile.
c) where the time limit for appeal under the procedure of Cassation, retrial left no more than 6 months or case authority appeal Cassation, retrial had written request to postpone enforcement of the judgment, the decision of the Court or to serve the Agency's surveillance activities , the Organization, authority, Court and procuratorate collaborated in transforming the civil service records to ensure the review, resolve.
5. Before opening the trial, session, if the civil case records were transferred to the Procuratorate for which there is evidence by the litigants, individuals, agencies and organizations to provide to the Court or by the Court of additional collection, the Court transferred to the Procuratorate of copies of that evidence. The transfer of copies of evidence for prosecution in this case should ensure time to Institute prosecution of research, trial participants, the session.
6. Transforming the civil service records can be done in a manner transferred by mail or direct transfer.

All materials contained in the civil case records (including old material and new material added, if available) đềuphải are numbered and have a list of documents. Before moving the civil case records from the courts to the Procurator or vice versa, must examine fully documented in the civil case records.
The case sent postal route profile, then the person who directly receive the first profile of the Procurator or the Court must check the seal; If the seal is not intact, they must establish a right to confirm the status of records, confirmed by the post and staff report unit leaders directly in charge, at the same time notify the agency sent resumes to coordinating resolution. The case seal intact, but through the check discovered documentation in the record is missing from a list of the documents of the phảibáo for the unit leaders directly responsible to set the minutes immediately and notify the Agency of the transfer records to coordinate resolution. Receipt on receipt of Agency is receiving the postal agency records moved to its campus.
The case of the civil case records are transferred directly, then the procedure of delivery of court records transferred to the Procuratorate is done at Headquarters Procurator; the procedure of delivery of records issued by the Prosecutor moved for the Court to be made at the headquarters of the Court. Profile recipients to collate a list of documents with the document have been numbered in the profile. The delivery must be founded thereon, stating the time, place and delivery profile, the profile status, signed them and the names of the people who conduct the delivery profile.
Article 3. Notice the Prosecutor participated in the trial, the session; notice to change the assigned Prosecutor 1. The Prosecutor informed participants of the trial, the session was as follows: where the Procurator must attend the trial session, to resolve civil cases, within 10 working days from the date of receipt of the Court of first instance or the Court of appeal announced the civil case as defined in article 174 , Article 257 311 and CPC, the Procurator must send the written assignment Court Prosecutor, Prosecutor membership (if any) to join the trial, session. The text assigned to Prosecutor stating the name of the Prosecutor and the Prosecutor membership (if any) was assigned Director of the trial, the session.
2. The notice change the assigned Prosecutor participated in the trial, the session was as follows: a) after notification to the Court know the assigned Prosecutor, Prosecutor membership (if any) to join the trial, session, if changing the assigned Prosecutor that the Procuratorate, sent to the Court written notice about assigning another Prosecutor. In the message text full name of replacement.
b) before opening the trial, session, if the courts get the petition to change the Prosecutor, the Court shifted right to that claim for Minister Prosecutor has the authority to review the decision in accordance with paragraph 1 Article 51 CPC. Within 7 working days from the date of receiving the petition to change the Prosecutor, the Prosecutor must Institute announced in writing to the Court said the change or not to change. If changed, the Procuracy informed them of the alternative name. Hợpkhông field changes, the procurator notice in writing, stating the reasons for not changing.
Case the Procuracy received the petition to change the Prosecutor before trial, but the session until the opening of the trial, according to session fixation of the courts, the rest not too 07 working days that Procuracy hasn't yet assigned another Prosecutor to be replaced , the Procurator informed the Court. The change and inform about the change of Prosecutor is done according to the instructions in point a of paragraph 2 of this Article.
c) If at the trial, the trial decision changed the Prosecutor according to the provisions in paragraph 2 to article 51, the Court immediately send the CPC decided to change along with the prosecutor decided to postpone the trial for the Minister the Prosecutor has the authority under the provisions of clause 2 Article 51 CPC.
Within 7 working days from the date of the trial postponed, Minister prosecutor competent public prosecutor phảiphân replacement bảncho written notice and the Court know. The announcement was made as instructed in point a of paragraph 2 of this Article.
d) in session addressed the session, civil appeal too hạndo a collective of three judges or in the session of appeal against the decision to temporarily suspend the decision to suspend the civil case of the Court of first instance were to appeal, protest, then changing the Prosecutor be made according to the instructions in point 2 of this ckhoản.
DD) Tạiphiên meeting to resolve civil matters because a judge settle, if requesting a change of Prosecutor and deems the request is grounded, then the judges decision to postpone the session and moved immediately to request the Prosecutor to change the Minister competent prosecutor review the decision prescribed in clause 2 Article 51 CPC. The change of Prosecutor and the Prosecutor change notice in this case was done according to the instructions in point b of paragraph 2 of this Article.
Article 4. Procurator conducted collecting evidence 1. Procurator has the right to require litigants, individuals, agencies and organizations to provide the records, documents and physical evidence as prescribed in paragraph 4 to article 85 CPC in the following cases: a) the Procurator to collect records, documents and physical evidence to ensure the implementation of the right to protest under procedure of appeal , the Cassation Court, retrial;
b) after the protest under procedure of Cassation, appeal, retrial, the Prosecutor has the right to collect the records, documents and physical evidence to defend the appeal of the Prosecutor in trial, appellate session, Cassation, retrial.
2. the Procurator requested individuals, agencies, organizations are managing retention, gives his records, documents and physical evidence as defined in clause 2 94 CPC Thing. The request must be in writing, stating the records, documents and physical evidence should provide.
Individuals, agencies, organizations are required to have the responsibility to provide adequate, timely evidence at the request of the procurator within 15 days from the date of the request. The case does not provide adequate, timely evidence at the request of the Procurator must then send the text to the Procuracy stated reasons.
3. Evidence by litigants, individuals, agencies and organizations provide Procuracy at the request of the Procurator to be moved for the Court to take on the civil case records and preserved in court under the provisions of paragraph 1 to article 95 CPC. Delivery procedure and evidence are made according to the instructions in paragraph 5 article 2 to this circular.
Article 5. The revised requirements, additional minutes of court sessions, after the end of the trial, the session, the Prosecutor has the right to inspect the minutes of the trial, the session. If necessary, the Prosecutor has the right to write the amendment, added to the minutes. The request of the Prosecutor be made right and Prosecutor signed the revised content, additional prescribed in paragraph 4 to article 211 CPC.
Article 6. The responsibility of the Procuracy of the court case to prosecute in the criminal courts. in case 1, prosecute criminal cases when the cứtheo rules địnhtại paragraph 1 Article 385 and paragraph 3 Article 387 CPC, within 10 days from the date of the decision to prosecute, the Court must be based on the provisions of the criminal code and the code of criminal proceedings to transfer the decision to prosecute the case and document evidence to prove the offence for the Procurator has the competence to solve criminal cases. Case of need documents for procurator that the original document is stored in the civil case records, the Court shall send copies of that document (stamped confirmation of the Court) to the Procuracy.
2. the Procurator must consider the prosecution, the prosecution accused within criminal proceedings by the law regulations; If the Prosecutor decides not to Institute prosecution, the prosecution accused the procurator notice in writing, stating the reason of the failure to prosecute, indicted accused to the Court was the decision to prosecute the case known as prescribed in clause 2 Article 388 CPC.
Chapter II PROCURATORATE ATTEND the TRIAL SESSION, article 7. Procuracy join trial prescribed in clause 2 article 21 CPC, procuratorate participated in trial for civil cases: 1. Civil cases because the court proceeding to collect evidence as specified in paragraph 2 to article 85 and article 86 , 87, 88, 89, 90, 92, 93 and 94 CPC.
In the process of settling civil cases, since accepting the till trial at first instance, if the civil case in one of the cases mentioned in paragraph 1 of this article, the Court must be notified in writing to the Procurator to Institute prosecution involved trial.
2. Civil cases have dispute object is a public property, public benefits: a) the property is property in the form of State ownership in the State organs, the people's armed units, business units, political organization, social-political organizations, social-political organizations of career , social organization, social-professional organization, is formed from the source due to the State budget or are derived from the State budget.
For example: civil cases of disputes on the property of a State agency that property There are stores from funding due to State budget level. In this case, the Procurator must join the trial.
b) public interest is the physical or spiritual interests relating to social or community: for example, the civil case by the litigants to sue business requirement to compensate the damage caused by pollution of the environment. In this case, the Procurator must join the trial.
3. Civil cases have the object of dispute was the right to use the land or housing, including:

a) dispute over who has the right to use the land or who is who has the ownership of housing;
For example, A and B together disputes about land use rights for a land with an area of 500 m2, by B are administered, use. A petitioner asks the Court resolved to force B to return land plots for a. In this case, the object of the dispute is land use rights, the Procurator has the responsibility to participate in trial.
b) contract disputes are the subject of the contract is the right to use the land or housing (for example, disputes on transfer of land use right or house purchase contracts; disputes over land use lease or the lease contract dispute in; gifts for the right to use the land or housing to contract; the contract disputes to contribute the capital value of land use or contract which is equal to the value of houses ...). For contractual disputes related to land use or land-use rights, but housing or housing that is not the object of the contract, not in the case of Procuratorate to join the trial.
For example: A bank loan B amount is 500 million, at the same time the Bank mortgage for a House and land use value 1 billion. To the repayment term, A failed payment obligations, the Bank conducted the handling of mortgage assets to recover the debt but do not handle because this land is in an urban planning, are not allowed to convert, transfer. The Bank has claims out of the courts ask the Court to force A resolution to make the repayment obligation. In civil cases, the object of dispute was the amount of money A bank loans rather than land use and housing A refers to the mortgage, thus, not in the case of Procuratorate to join the trial.
c) disputes about land use inheritance or inherit housing;
d) disputing reclaim land use or reclaim the housing loan, for use thanks.
e) disputes in other civil transactions transaction object is land use, housing. 4. Civil cases have a party litigant is a minor, the downside of mental, physical or in one of the following cases: a) the downside of mental have papers, documents the competent health authorities confirmed.
b) Who has a physical disadvantage in one of the cases: two eyes are blind, dumb, deaf, certified by the health authorities from the district level upwards.
Article 8. Speaking of the Prosecutor at the trial, the trial of first instance 1. At the first instance civil cases, after the participants in the proceedings and debate speech for response, the Prosecutor stated opinion of the Procurator of the following: a) statements of opinion on the compliance with the law in the proceedings of the trial judge, in the process of resolving , since the case until trial time of deliberation;
In case the Prosecutor requests the trial to remedy the breach of the proceedings, the Board of review must consider, decide and can accept or not accept; the case is not accepted, it must clearly state the reason. The decision on whether to accept or not to accept the request of the Prosecutor be trial discussed and passed in the court room and must be recorded in the minutes of the trial.
b) statements of opinion regarding the observance of the law by the participants in the proceedings, since the case until trial time of deliberation, not speaking about the views of the case.
2. In the first instance addressed the session, after the participants in the proceedings present, explain, Prosecutor stated opinion of the Procurator of the resolves civil as defined in point g clause 1 Article 314 CPC.
3. the opinions of the Prosecutor must be in writing, signed by the Prosecutor at the trial participants, the session and must be sent to the Court within 5 working days from the date of the trial, ending the session to save the profile.
Article 9. Procuracy join appeal session expired 1. Prosecutor was assigned with the mission to join the session, consider the appeal expired. The case of the absence of the Prosecutor, then the appeal expired must postpone the session.
2. At the meeting, the Prosecutor stated opinions about the subject of law in the proceedings of the Court of appeal, since getting an appeal expired before the time of the appeal expired the decision; speaking of views about whether to accept or not accept the appeal expired, the analysis clarified the views of the Prosecutor.
Article 10. Presentation, speaking of the Prosecutor in trial, appellate session 1. Only appeal cases of litigants, the statements of the Prosecutor at the trial, the session was as follows: a) the Procurator stated opinions on computer and base of the appeal;
b) Prosecutor stated opinion of the Procuracy about obeying the law of the person conducting the proceedings and the participants in the proceedings in the course of the case in the appellate stage;
c) Prosecutor stated the views of the Procurator of the resolves to the verdict, the decision of first instance or the decision of the first instance verdict was appealed.
2. where only the Procurator's protest, the presentation, the Prosecutor at the trial, the session was as follows: a) the Prosecutor presented the content of protest and grounds of the appeal; have the right to present additional documents, documents, physical evidence (if any) as the basis for the protest; analysis to clarify the point protest of Procurator for the verdict, the decision of first instance;
b) Prosecutor stated opinion of the Procurator of the content of the instructions at point b paragraph 1 of this article;
c) Prosecutor stated the views of the Procurator of the resolves to the verdict, the decision of first instance or the decision of the first instance verdict was appealed.
3. The case is an appeal of the litigants, the appeal of the Minister the Prosecutor, the Prosecutor stated comments according to the following sequence: a) speaking about the appeal of the litigants as instructed in point a paragraph 1 of this article;
b) presented an appeal of the Minister the Prosecutor according to the instructions in point a of paragraph 2 of this Article;
c) statements of opinion of the Procurator of the content of the instructions at point b paragraph 1 of this article;
d) stated the views of the Procurator of the resolves to the verdict, the decision of first instance or the decision of the first instance verdict was appealed, the appeal.
4. the opinions of the Prosecutor must be in writing, signed by the Prosecutor at the trial participants, the session and must be sent to the Court within 5 working days from the date of the trial, ending the session to save the profile.
Article 11. Presentation, speaking of the Prosecutor at the trial session, Cassation, retrial 1. Case Prosecutor Minister protest, the presentation, the Prosecutor at the trial, the session was as follows: a) the Prosecutor presented the content of protest and grounds of the appeal; have the right to present additional documents, documents, physical evidence; speaking of views of protest and analysis to clarify the point protest of Procurator for judgment, the decision has force of law or the new details could make fundamental changes the content of the judgment, the decision has force of law;
b) stated the views of the Prosecutor regarding the resolution of the civil case.
2. where the Chief Justice of the Court of appeal, then the presentation speech of the Prosecutor at the trial, the session was as follows: a) the Procurator stated opinions on computer based and of protest, stating the reason for placement, or disagree with the views of the Chief Justice of the Court of appeal;
b) stated the views of the Prosecutor regarding the resolution of the civil case.
3. the opinions of the Prosecutor must be in writing, signed by the Prosecutor and trial participants should be sent to the Court within 5 working days from the date of the trial, ending the session to save the profile.
Chapter III the PROSECUTOR HANDLING the COMPLAINTS, accusations the thing 12. The right to request the Prosecutor to Institute the Court 1. Procuracy demanded the Court of the same level and lower level courts out writing complaints, accusations as prescribed in Chapter XXXIII CPC when in one of the following cases: a) the Procurator receives complaints, accusations about the courts, who have the authority to resolve complaints text not accusations, complaints, accusations in the prescribed time limit;
b) Procurator base determines the courts, who have the authority to resolve complaints, accusations of not writing out complaint resolution, to report within the time limit prescribed.
Within 7 working days from the date of receiving the request to institute prosecution according to the instructions at point a and point b of paragraph 1 of this article, the Court is required to consider, resolve and notified in writing to the Procuracy demanded to know. The complex case, need more time, the Court must have a written notice the reason for the Procuratorate to know and respond to the procurator within 15 days from the date of the request.
2. the Procurator requested the Court of the same level to check the resolution of complaints, denunciations of the Court and the court below when in one of the following cases: a) the Procurator received the request of the competent authority;
b) Procurator receives complaints, accusations about the courts, who have the authority to resolve complaints, accusations violate the law while solving;
c) Procurator base determines the courts, who have the authority to resolve complaints, accusations that signs violate the law while solving.

Within 15 days from the receipt of the request by the Prosecutor under the guidance at points a, b, and c of paragraph 2 of this article, the Court is required to consider, resolve and notified in writing to the Procuracy demanded to know. The complex cases require more time, the Court must have a written notice the reason for the Procuratorate to know and respond to the procurator within 30 days from the date of the request.
Article 13. The right to petition of the Prosecutor for the Court 1. The case of determining the resolution of complaints, denunciations of the Tribunal, the competent person is not correct, the Procuratorate Law petition with the Court of the same level and the subordinate courts to remedy the violation of the law.
2. where the Procuracy has the request under the provisions of article 12 of this circular or have recommendations to remedy the violation of the law as specified in paragraph 1 of this article that the courts do not make or made incomplete requirements, recommendations of the Procuracy, the Procurator has the right to petition with the superior court.
3. Within 15 days from the date of the petition of the Procurator as instructed in paragraph 1 and paragraph 2 of this article, the Court must consider and reply in writing to the Procurator was known. The complex cases require more time, the Court must have a written notice the reason for the Procuratorate to know and respond to the procurator within 30 days from the date of the petition.
Chapter IV article 14 ENFORCEMENT TERMS. Effective enforcement of this circular effect since September 15, 2012, replacing circular No. 03/2004/TTLT-TANDTC-VKSNDTC on 01 September 2005 of the Supreme People's Procuratorate and the Supreme People's Court "Guide to the implementation of some provisions of the code of civil procedure regarding the Prosecutor comply with law in the proceedings and the participation of the people's Procuratorate in the civil case ".
Article 15. About transition rules apply to instructions of circular to those incidents were accepting the resolution before the day this circular effect as follows: 1. With respect to the service, civil court accepting the settlement and judgment the decision of the Court has legal effect before the date of this circular effect, do not apply the guidance in this circular for protest under procedure of Cassation, unless the judgment, the decision of the Court was an appeal by the other bases.
2. for the civil case in the case of Procuratorate attend trial prescribed in clause 2 article 21 CPC and guidance in article 7 of this circular which has been accepting the Court before the date of this circular effect and the courts have yet to file civil cases that the Prosecutor for the Institute research , participating in the trial, but since the day this circular effect new enforcement has decided to take the case to the trial at first instance, the Court transferred the case file to the Procurator to attend the trial of first instance in accordance with article 7 of this circular.
3. for the civil case was the trial of first instance before the day this circular have the effect that the Procuratorate did not participate in the trial at first instance, but since the day this circular effect new enforcement has decided to bring the case to the appellate , then the Court moved the case file for the Prosecutor to join the appellate trial.
4. With respect to civil cases of first instance trial or appeal before the day this circular effect, but since the day this circular effect the enforcement of that judgment, the decision has force of law being the competent court of Cassation or retrial declared Cancel to trial again according to the procedure of first instance or appeal the Procuratorate, participated in the trial was conducted under the guidance of this circular.
Article 16. About modifying, supplementing circular In the implementation process, if there are problems that need to be explained or additional instructions, then bodies, related institutions to report to the Supreme People's Procuratorate, the Supreme People's Court to have the explanation, additional instructions promptly.

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