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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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THE SUPREME COURT OF THE PEOPLE ' S SUPREME COURT
Number: 04 /2012/TTLT-VKSNDTC-TANDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 1, 2012

FEDERAL INFORMATION

The guidelines enforce certain provisions of the Civil Procedal Code on the examination.

Follow the law in civil proceedings.

________________________

To enforce the right and unify the regulations of the digital civil litigation code. 24 /2004/QH11 June 15, 2004 (which has been amended, supplemated by the Amendment Law, complements some of the number of civil litigation code). 65 /2011/QH12 March 29, 2011) in order to observe the compliance of the law in civil proceedings, good guarantee of coordination between the People's Police and the People's Court, the Supreme People's Examination Institute, and the Supreme People's Court, which leads the implementation of some of the following:

Chapter I

GENERAL PROBLEMS

What? 1. The adjustment range

This joint venture guide the implementation of several provisions of the number of civil litigation laws. 24 /2004/QH11 June 15, 2004 Oh, has been amended, added under the amended Law, compleming some of the provisions of the number of civil litigation. 65 /2011/QH12 March 29, 2011 (later abbreviated as BLTTDS) about the procedure for a number of missions, the powers of the People's Control Institute, the People's Court in the operation to examine the law in civil litigation.

What? 2. Civil Service Transfer

A civil case file transfer case for the Institute of the Examination Jointly to the Institute for examination of the trial, session under the provisions of the BLTTDS, except the case of the Institute of Examination of the same level with the Court with the Court of Appeals for the Court of Appeal, the judge, or the jury, appealed. In accordance with the procedure of appellate, jury or retrial. The transfer of the civil case file is done as follows:

a) The case of the Institute for Examination in accordance with the prescribed trial at paragraph 2 Article 21 BLTTDS and instructed at Article 7 of this Judicial Review, the Court of Appeals sent the decision to submit the case to the inspection at the same level immediately after the Tribunal. The decision to take the case to trial.

During the 5-day period of work, since the day of the decision to take the case to trial, the Court of Appeal must transfer a civil case file to the Institute of the same level. In the 15-day period, since the date received the case file, the Institute of Examination has to return the case to the Tribunal by stipulation at 2 Article 195 BLTTDS in order to open the prescribed trial at 3 Article 179 BLTTDS.

b) During the 5-day period of work, since the day of the decision to take the case to trial, the Court of Appeal must transfer a civil case file along with the decision to take the trial to the Institute for the same level. In the 15-day period, since the date received the case file, the Institute of Examination has to return the case to the Tribunal by stipulation at 2 Article 262 BLTTDS in order to open the prescribed trial at paragraph 2 Article 258 BLTTDS.

c) The court sent civil service records along with the decision to open the preliminary session, the appeal of civil settlement to the Institute of Examination jointly after the Court decided to open the session. In the 7-day period, since the date received the file, the Institute of Police must return the records to the Tribunal for the opening session at 1 Article 313 and Article 318 BLTTDS.

d) The Court of Appeals for the Court of Appeal sent the case file along with the decision to open the appellate session on temporary decisions only, deciding the suspension of the civil trial of the Court of Appeals. to the Institute for the Examination, as soon as the Court decided to open the session. In the 15-day period, since the date received the case file, the Institute of Police must return the case to the Court to open the session.

Oh, The case of the Institute for Inspection Participation in the overdue appeal session is after receiving the overdue appeal and documentation, evidence to prove to the reason the filing of the overdue appeal (if any), the Court of Appeal sent a overdue appeal and the appeal. documents, evidence attached to the Institute of the Same Level to study the session. During the 5-day period of work, since the date of receiving the overdue appeal and the documents, the evidence accompanying, the Institute of Respondents must return the overdue appeal and the documents, the evidence attached to the Court to open the session by regulation at paragraph 2. 247 BLTTDS.

e) The case of Chief Justice of the Supreme People ' s Court or the Chief Justice of the National Court of Appeal under the procedure of director of judges, retrial, then the Court has the jurisdiction of the jury, retrial of civil affairs records along with the decision to appeal to the Institute of Control. Same level after the Chief Justice of the Court decided to appeal. In the 15-day period, since the date of receiving the file, the Institute of Examination has to return the case to the Court with the jurisdiction of the judge, retrial in accordance with provisions at paragraph 2 Article 290 or Article 310 BLTTDS to open the trial under regulation at Article 293 or Article 310 BLTTDS.

2. The transfer of civil affairs records to the Institute for inspection to review the appeal under the appellate procedure is performed as follows:

After receiving the verdict, the Constitutional Court ' s decision has not yet to take effect on the law that the Institute of Examination on the same level (in the case of a test institute not to participate in the civil court trial) or the Institute for Subordinate Examination to examine the need to study A civil service file to review the appeal of appeals, the Institute for Examination Requires The Court to transfer a civil case file to the Institute of Police.

Shortly after receiving the request of the Institute of Examination, the Tribunal A jury. A civil service record for the Institute of Censorship has a required text.

Following the expiration of the statute of limitations stipulated at Article 252 and the 2 Articles 317 BLTTDS, the Institute for the Examination must pay a civil case for the Tribunal for trial or trial.

3. When the Court, the Institute of Examination found it necessary to study civil affairs records to report persons with the authority to appeal to the procedure of director or retrial, the transfer of the civil case was done as follows:

a) The Provincial Court, the Provincial Examination Institute has a written order asking the District Court to have issued a sentence, decided to take effect on the law of transferring the civil case to the Provincial Court, the Provincial Police Department. The Supreme People 's Court, the Supreme People' s Examination Institute has a written request for the Court to manage the case of transferring the civil case to the Supreme People 's Court, the Supreme People' s Homicide Institute. .

In the course of 7 days work, Since the date of receiving the text request to transfer the case, the Court transferred the Civil Service to the Court, the Institute for the Examination has a required text.

b) The case of the examination of the jury appeals or retrial appeal, then The hospital. transfer immediately to the case file along with the decision to appeal to the Court with a jurisdiction or retrial under regulation at Article 290 or Article 310 BLTTDS to open the trial under regulation at Article 293 or Article 310 BLTTDS; simultaneously inform the Court. I'm going to have to go to the hospital.

4. The case of the Court, the Institute of Examination has required a request to transfer a civil case file to review the appeal according to the procedure or retrial procedure, the transfer of the case is done as follows:

a) The case jointly received the required text of the Court and the Court of Examination or the case received the requested text of the previous examination, but in the 7 working days, since the date of the request, the file has not been transferred to the Institute of Control. Receiving the request of the Court, the Court is administing the filing of the case to the Court with a request and written notice to the required examination.

b) The case of the Court or the examination institution is the previous case of receiving the case in a 3-month period (for the complex case or the objective impede the deadline for no more than 6 months) since the date of the case file, if the Court, the Institute of Examination is not appealed. The transfer of the file is done as follows:

b.1) The case of the Court case is the previous record-taking body but in the deadline to be guided at this b point the Court does not appeal, if the Institute of Examination continues to require a transfer request, the Court to transfer records to the Institute of Examination has requested and information. The Court had already transferred the records to the Court, and if the inspection was requested not to continue requesting the transfer of the file, the Court returned the case to the Court that had transferred the original case.

In the deadline to be guided at this b point where the Institute of Requests has received the unappealed dosages, the Institute for the Control of Civil Service for the Court has shifted its initial profile.

b.2) The case of the Institute of Examination is a pre-filing agency but in the deadline is instructed at this b point where the Institute does not appeal, if the Court continues to require a transfer request, the Institute for Transferring Records to the Court has requested. and inform the Court of the Court to transfer the records to himself; if the Court has asked not to continue demanding the transfer. The Court of the Court returned the case to the court that had the original file.

In the deadline to be guided at this b point where the Court has the request to have received non-appeal records, the Court transferred the civil case to the Court that had transferred the original case.

c) The case of an appeal deadline under the procedure of the director of the judge, the remaining retrial for no more than 6 months or the case of a competent authority to appeal the jury, the retrial has a written request for postpones the sentence, the Court ' s decision or to serve active duty. The oversight of the agency, the organization, the authority, the Court and the Chamber of Supervisers coordinated in the transfer of civil affairs records to ensure the review, settlement.

5.Before opening the trial, the session, if civil affairs records were transferred to the Institute of Examination for which evidence, personally, the agency, the organization provided to the Court or by the Additional Procurement Court, the Court transferred to the Institute for Examination Of The Evidence. Yeah. The transfer of the evidence to the Institute of Examination in this case must secure the time for the Institute to inspect the research, participate in the trial, the session.

6. The transfer of civil employment records can be made in a postal transfer way. Yes. Or move directly.

All documents present in the civil case file (including old documents and additional documents, if any) have to be numbered in order and have a catalogue of documents. Prior to the transfer of civil service records from the Tribunal to the Institute for examination or vice versa, there must be a full examination of the document in that civil matter file.

Postal filing case Oh, then the person directly receives the first file of the Institute of Examination or the Tribunal must check the seal; if the seal is no longer intact, then immediately correct the status of the case, have the confirmation of the postal worker and report the direct unit leadership. It ' s in charge, and it ' s informed that the agency sends the files to coordinate the settlement. The sealing case is intact, but through the examination of the document found in the missing file compared to the list of documents, the report must be issued to the direct unit leader in charge of the immediate receipt and notification of the file transfer agency. To coordinate the settlement. The date of the filing is the date of the filing of the record reception. From the postal service. at my headquarters.

The case of a civil service case is directly transferred, the procedure for the procedure to be transferred by the Court to the examination house is carried out at the checkpoint. The recipient of a document manifest to the document manifest with the document has been given the order of the order in the file. The delivery must be The record, the location of the records, the records, the signatures, the signatures, and the names of the people who conduct the records.

What? 3. Press the inspection of the trial, the session; the announcement of changing the inspection of the Police Officer

1. The announcement of the inspection of the inspection participant in the trial, the session is done as follows:

The law school has to be part of the trial, the civil war resolution session, in the 10-day period of work, since the date of receiving the text of the Court of Appeals or the Court of Appeal announced the employment of civil affairs under regulation at Article 174, Article 257 and Article 311 BLTTDS, the Institute of Control must submit to the National Court of Commons. Prosecutor, the Reserve Officer (if any) participate in the trial, session session. The Audit Office of the Audit Service must specify the name of the Audit Officer and the Reserve Officer (if any) are assigned to the session, the session.

2. Work announced that changes to the audit of the AuditeService to participate in the trial, the session is done as follows:

a) After the announcement to the Tribunal for the Examination Of The Examination, the Defect Examination (if any) participate in the trial, the session, if it changes the dispatch of that Officer, then the Institute for the Examination Submitted to the Office of the Office for the Examination Of The Examination. I mean, the alternative. In the text message the full name is the name of the alternate examination.

b) Prior to the opening of the trial, the session, if the Court received the application of the request for the change of the examination, then the Court passed that requirement to the academy's authority to be reviewed, decided in accordance with Article 51 of BLTTDS. During the 7-day period of work, since the date of receiving a request for the change of the examination, the Institute of Inspects must inform the Court of the Inquisition or not to change the examination. If you change the test, the check-in's name is replaced by the name of the test. The school is not changed to the audits, and the Institute of Censorship is written, stating that the reason is not changed.

The check-out case received a request for a change of the examination before opening the trial, the session, but as of the opening day of the trial, the session was followed by the Court, the remaining time no more than seven 7 days of work that the Academy had not assigned. It was replaced by another member of the police, and the Institute of Police notified the court. The change and announcement of the change in the Auditoriam is made in accordance with the point of paragraph 2 This.

c) If at the trial, the Board of the jury decides to change the Census as prescribed at 2 Article 51 BLTTDS, then the Court immediately sends the decision to change the examination. specified at 2 Article 51 BLTTDS.

During the 7-day period of work, since the trial of the trial, the Institute of Public Health Control has had the authority to have other Checks Replaced and inform. by text for the Court knows that the announcement is made in accordance with the point of paragraph 2 of this.

d) At the civil war session, Overdue appeal session a The body consists of three judges to resolve or at the appellate session on the decision to suspend the suspension, the decision to suspend the civil case of the appeals court, the appeal, and the change of the examination. point c This is two things.

Oh, Why? the civil settlement session due to a resolution judge, if required to change the examination of the Board of Vienna and see that the request is based, the judge decides to postpone the session and move it. Now. request changes to the Board of Inspects for the Institute of Auditentioners with the authority to review the decision by regulation at paragraph 2 Article 51 BLTTDS. The change in the examination and the notification changes in this case are carried out in accordance with the instructions at the point b 2 This.

What? 4. Check out the evidence to collect evidence

1. The Institute of Examination has the right to the right to the right, personal, agency, organization that provides records, documents, regulations prescribed at paragraph 4 Article 85 BLTTDS in the following circumstances:

a) Institute for examination of the collection of records, documents, materials to ensure the implementation of the appeal authority according to the appellate procedure, the judge, retrial;

b) After having appealed to the appellate procedure, the director of the jury, retrial, the Institute of Examination has the right to collect records, documents, evidence to protect the inspection of the inspection at the trial, the appeals session, the jury, retrial.

2. The Institute for Personal Requirements, Agency, Organization, Organization of Management, Archives, Archives, Materials, Materials, and Materials, are prescribed at 2 Article 94 BLTTDS. The request must be written in writing, stating the records, documents, materials that need to provide.

The individual, the agency, the organization is required to have a full responsibility, in time of evidence at the request of the examination institute for a 15-day period, since the date of receiving the request. In the absence of adequate supply, the evidence required by the Institute for the examination must be submitted to the Institute for the examination of the reason.

3. Certificate from the incumbent, individual, agency, the organization that provides the examination Institute at the request of the Examination Institute is transferred to the Court for the entry into the civil case case and the preservation of the Court as prescribed at 1 Article 95 BLTTDS. The procedure for certification is carried out in accordance with Article 5 Article 2 of this Article 2.

What? 5. Request for modification, additional trial editor, session session

After the trial ends, the session, the Auditomen has the right to check the trial, the session. If necessary, the administrator has the right to ask for modifications, additions to the editor. The requirements of the Audit Service are executed immediately and the examination of the signor is assigned to the revised content, supplemated by the provisions at paragraph 4 Article 211 BLTTDS.

What? 6. The responsibility of the Institute of Examination in the case of the Criminal Court case

1 In the case of a Criminal Court case when there are rules in order at 1 Article 385 and the 3 Articles 387 BLTTDS, then for a 10-day period, since the date of the decision to prosecute, the Court must be based on the regulation of the Criminal Code and the Code Code. In order to make a decision to make a decision on the prosecution of the case and the document, evidence of criminal misconduct to the Institute for the Authority To Solve The Criminal Case. The case should be transferred to the Institute of Examination that the document itself must save in the civil case file, then the Court sends out that document (which contains the confirmation of the Court) to the Institute of Examination.

The 2-Institute for inspection must consider the prosecution, prosecution of the defendant during the statute of limitations stipulated by the Code of Criminal Procedre; if the examination institution does not decide the prosecution, the prosecution is involved, the Institute for the examination of the document is written, stating the reasons of the prosecution, the prosecution. The case was determined by the Court to prosecute the case in accordance with the Article 388 BLTTDS.

Chapter II

THE INSPECTION TEAM IS IN THE TRIAL, SESSION.

What? 7. The inspection institute for the preliminary trial

In accordance with the provisions of the 2 Articles 21 BLTTDS, the Institute of Examination is involved in the trial for the following civil cases:

1. The civil case conducted by the Court collected evidence under regulation at paragraph 2 Article 85 and the Articles 86, 87, 88, 89, 90, 92, 93 and 94 BLTTDS.

In the process of addressing the civil case, since the treatment was taken until the trial of the trial, if a civil case was found in one of the cases mentioned at 1 Article, the Court must inform the Institute of Examination to the Institute for the examination of the trial. It's a jury.

2. The civil case has a disputed subject of public property, public interest:

a) The public property is a property in the form of state ownership in state agencies, the human armed unit, the public career unit, political organization, political-social organization, social political organization-profession, social organization, social organization, social organization, social organization. -the profession, formed from the source of the state budget or derived from the state budget.

Example: The civil case disputes the property of the a state agency that the property is procrastated from the source of capital by the state budget. In this case, the Institute of Police must participate in the preliminary trial.

b) Public benefits are the material or mental benefits associated with society or the community community:

Example: : The civilian case due to the fact that the business required a business to pay damages caused by environmental pollution. In this case, the Institute of Police must participate in the preliminary trial.

3. The civil case with a disputed object is the right to use land or housing, including:

a) The dispute over who has the right to use the land or who has the right to own the housing;

For example, A and B dispute over land rights to an area of 500 m2 currently administered, used. A lawsuit requires the Court to settle in order to force B to return that land to A. In this case, the contested object is the right to use the land, the Institute of Examination is responsible for the trial of the preliminary trial.

b) The dispute over the contract has the object of the contract being the right to use the land or housing (e.g., dispute over the transfer of land use rights or contract purchase contracts; disputes over lease use of land or lease contracts; painting) to the right to the right to the right to use the land or to the housing contract; the dispute over the contract contributes to the value of the land or the contract that is used by the housing value ...). For a contract dispute with regard to the right to use land or housing but the right to use the land or housing is not subject to the contract, it is not part of the case of the examination.

For example: A bank loan for a bank B of the money is 500 million, and the mortgage gives the bank a house and the right to use a land worth of 1 billion dollars. By the time of the debt, A does not perform payment obligations, the bank proceeds to process the collateral to recover the debt but does not handle it because the land is in the planning area, not being allowed to switch, transfer. The bank has already sued the Court asking the Court to address the A must carry out the obligation to repay the debt. In this civil case, the object of contention is a bank loan rather than the use of land and housing A used for the mortgage, therefore, not under the case of the probation institution to take part in the trial.

c) The dispute over the inheritance of the right to use the land or inheritance of the housing;

d) The dispute reclaim the right to use the land or reclaim the housing on loan, for use thanks.

e) The dispute in other civil transactions has subject to trading as the right to use the land, housing.

4. The civil case has a contemporary party, who has a physical or mental downside, belonging to one of the following cases:

a) A person with a defect in the mental health of a document, the document is confirmed by the medical authorities.

b) The person with physical disadvantages in one of the cases: two-eyed blind, mute, of the confirmed deafness of medical authorities from the county level onwards.

What? 8. Check out the examination of the examination at the trial, the preliminary session

1. At the trial of the civil trial judge, after the participants expressed debate and the response, the examination of the examination of the opinion of the Institute for the Examination of the following contents:

a) A statement of adhering to the law proceedings of the judge, the trial council in the process of solving the case, since the trial of the case until before the time of the Assembly.

In the case of the Examine that requires the Council to remedy violations of the proceedings, the Board must consider, decide, and may accept or not accept; the case is not acceptable, it is clear. The decision to accept or not accept the request of the Examination Board is discussed and passed in the courtroom and must be inscribed on the court's editorial.

b) The comment on the Yes. The law of civil litigation participants, since serving the case until the time of the sentencing Council, did not address the decision to resolve the case.

2. At the preliminary hearing of the civil settlement, after the participants presented the presentation, explained, the examination of the examination staff of the examination institute on the settlement of the civil settlement at the point of 1 Article 314 BLTTDS.

3. The spokesman for the Examine Service must be expressed in writing, with the signature of the Examine to participate in the trial, the session and must be submitted to the Court for a period of 5 working days, since the end of the trial, the session to save on the civil case file. The truth

What? 9. The Institute of Examination is involved in the overdue appeal session

1. The assigned test officer has a duty to participate in the overdue appeal review session. In the absence of an absentinship, the Board of Appeals is overdue for a delay.

2. At the session, the prosecutor issued comments on the compliance of the Court of Appeal of the Court of Appeal, since receiving the overdue appeal bill until before the time of the Court of Appeal the appeal was too restrictive; the statement of the opinion of the approval. Receiving or not accepting the overdue appeal, the analysis clarified the views of the Institute of Examination.

What? 10. Presentation, spokesman for the Examine at the trial, the appeals session

1. The case with only the appeal of the incumbent, the statement of the examination by the examination at the trial, the session is done as follows:

a) The examination of the opinion statement on the basis of the base and legal of the appeal;

b) Check out the opinion statement by the Institute for the examination of the law of those who conduct proceedings and those who participate in proceedings during the resolution of the case in the appellate stage;

c) Check out the observer's point of view of the settlement of the solution to the verdict, the decision of the trial or the sentence section, the preliminary decision being appealed.

2. The case with only the appeal of the Examination Institute, the presentation, the Examine ' s speech at the trial, the session is done as follows:

a) Check out the appeals content presentation and the base of the appeal; there is the right to document the addition of records, documents, materials (if any) as a basis for the appeal; analysis to clarify the inspection view of the examination institute for the verdict, decision making. The preliminary trial;

b) Check out the opinion of the Institute for the examination of the manual contents at the site of one Article;

c) Check out the observer's point of view of the settlement of the solution to the verdict, the preliminary decision or the sentence section, the preliminary decision to be appealed.

3. The case with the appeal of the incumbent, has just the appeal of Director of the Institute for the Examination, the police officer gave the following statement:

a) Ph It is a matter of all the appeal of the court, which is in the direction of this one thing.

b) Chief. The hospital is under the guidance of a two-point clause.

c) The opinion of the Institute for the examination of the manual contents at the point b 1 Article;

d) A view of the examination of the examination for the settlement of the verdict, the decision of the preliminary or the verdict, the preliminary decision being appealed, the appeal.

4. The spokesman for the Examine Service must be expressed in writing, with the signature of the Examine to participate in the trial, the session and must be submitted to the Court for a period of 5 working days, since the end of the trial, the session to save on the civil case file. The truth

What? 11. Presentation, spokesman for the Examine at the trial, jury session, retrial.

1. The case of the Institute of Aid for the appeal of the appeal, the presentation, the Examine ' s speech at the trial, the session is done as follows:

a) The observer presents the appeal content and the base of the appeal; there is the right to document the addition of records, documents, materials; the statement of the protest and the analysis to clarify the inspection view of the examination Institute for the verdict, the decision. has been in effect of law or new conditions that may alter the basic content of the sentence, the decision has been in effect of the law;

b) The view of the examination of the Institute for the examination of the settlement of the civil war.

2. The case of the Chief Justice of the Court of Appeal, the presentation, the Examine ' s speech at the trial, the session is done as follows:

a) The examination of the opinion statement on the basis of the grounds and the legalization of the appeal, stating the unanimous reason or not unanimous with the appeal view of the Chief Justice of the Court;

b) The view of the examination of the Institute for the examination of the settlement of the civil war.

3. The statement of the Examine Service must be expressed in writing, with the signature of the Examine to participate in the trial and must be sent to the Court for a period of 5 working days, since the end of the trial, the session to save on the civil service records.

Chapter III

CHECK OUT THE COMPLAINT, DENOUNCE.

What? 12. Rights of the Institute for Examination of the Court

1. The Institute of Examination requires the Court of the same level and the District Court under the document to resolve the complaint, denouncing the stipulation at Chapter XXXIII BLTTDS when belonging to one of the following cases:

a) The inspection institute received a complaint, denouncing the Court, who had the authority to resolve the complaint, denouncing the unwritten identification of the complaint, denouncing it in the statute of limitations;

b) The Institute of Examination has a base defining the Court, who has the authority to resolve the complaint, denouncing the untext of the settlement of the complaint, denouncing it in the statute of limitations.

During the 7-day period of work, since the date of receiving the required examination of the Institute's guidelines at the point a and point b 1 This Article, the Tribunal is required to review, resolve, and text messages to the Institute for the Requested Examination. In the case of complex cases, it takes time, and the Court must have a written statement for the Institute to know and respond to the 15-day inspection, since the date of the request.

2. The Institute of Examination requires the Tribunal for the same level to examine the settlement of the complaint, the prosecution of the Court of Granting of its own and the lower court when one of the following cases:

a) the inspection institute received the required authority of the authority;

b) The inspection institute received a complaint, denouncing the Court, who had the authority to resolve the complaint, denouncing the violation of the law while addressing;

c) The Institute of Examination has a base defining the Court, who has the authority to resolve the complaint, denouncing signs of violation of the law while addressing.

For a 15-day period, since the date of receiving the required examination by the Institute for guidance at points a, b, and c 2 This, the Court is required to review, resolve, and text messages to the Institute for the Requested Examination. In the case of complex cases, the Court must have a written statement issued by the Institute for the examination and answer to the inspection hospital for 30 days, since the date of the request.

What? 13. Rights of the Institute ' s petitions for the Court

1. The case with a base that determines the resolution of the complaint, the court ' s denouncing, the competent person is not legally correct, the Institute of Inquisition with the Court of the same level and the Court granted under the restoration of the law.

2. The case of the Institute of Examination Required by Regulation at Article 12 of this Affiliated Private or Petition Petition in accordance with the prescribed law at paragraph 1 This the Tribunal does not implement or perform incomplete requirements, the institute ' s petition said. Check it out, the Institute has a right to petition with the superior court.

3. In the 15-day period, since the date of the examination of the examination by the Institute in accordance with the instructions at 1 and paragraph 2 This, the Court must review and respond in written text to the Institute of Chartered Petitions. In the case of complex cases, the Court must have a written statement issued to the Institute for the examination and answer to the inspection hospital for 30 days, since the date of the petition.

Chapter IV

EXECUTION CLAUSE

What? 14. Effect of execution

This joint venture has been in effect since September 15, 2012, replacing the No. 1-digit Federal Information. 03 /2005/TTLT-VKSNDTC-TANDTC September 1, 2005 of the Supreme People 's Examination Institute and the Supreme People' s Court "Guide to the implementation of several provisions of the Civil Code of Civil Proceditation on the examination of the law in civil proceedings and the participation of the People ' s Control Institute." in solving civil affairs ".

What? 15. On the transition rule

Applying this link's guidance to civil matters has been made, addressing that prior to this date, the applicable effective date has been established as follows:

1. For civil cases that have been resolved by the Court and the verdict, the Court 's decision has been to have the law effect before this President' s Day (s) to take effect, it does not apply the guidelines at this link to protest in accordance with the law. The proceedings of the jury, except for the case, the court's decision was appealed to other bases.

2. For civil cases belonging to the cases of the Examination Hospital participating in the prescribed trial at paragraph 2 Article 21 BLTTDS and instructed at Article 7 of this Relevant Information that has been taken into effect by the Tribunal before the April The trial and the courts have not yet moved the civil case file to the Research Examination Institute, but since this date has been taken by the law to take the case to trial, the Court transferred the case to the Institute for the examination. to join the prescribed trial in accordance with Article 7 of this Article 7.

3. For civil cases that have been tried before the April date of this federation has the effect of execution that the Institute of Police does not participate in the trial, but since this date of this federation has the effect of a new enforcement decision to take the case to trial. On trial, the Court transferred the case to the Institute of Appeals for the Court of Appeal.

4. For the civil case that was tried on a trial or an appellate before the April date of this joint venture came into effect, but since this date of this federation has the effect of enforcement the sentence, the decision to have the law of law granted by the Court granted jurisdiction. Either a judge or a retrial for a trial or an appellate procedure, the examination of the trial is carried out in accordance with the guidelines of this federation.

What? 16. On the amendment, supplematation of Information

In the course of execution, if there is an explanation or additional guidance, the agency, the organization is associated with a report with the Supreme People's Examination Institute, the Supreme People's Court for explanation, timely supplemation.

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

KT. The Supreme Court of the People.
Deputy Chief Justice.

(signed)

(signed)

"The humble".

Get Rid Of Me