Circular 03/2012/ttlt-Tandtc-Vksndtc: Guide The Implementation Of Some Provisions Of The Law On Administrative Proceedings About The Prosecutor Obeys The Law Of Administrative Procedure

Original Language Title: Thông tư liên tịch 03/2012/TTLT-VKSNDTC-TANDTC: Hướng dẫn thi hành một số quy định của Luật Tố tụng hành chính về kiểm sát việc tuân theo pháp luật trong tố tụng hành chính

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THE SUPREME COURT OF THE PEOPLE ' S SUPREME COURT
Number: 03 /2012/TTLT-VKSNDTC-TANDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 1, 2012

FEDERAL INFORMATION

The guide to the implementation of several provisions of the Administrative Proceedings of the Examination

following the law in administrative proceedings

________________________________

To enforce the right and unify the provisions of the Administrative Code of the Administrative Proceedings of the Compliance Examination of the law in administrative proceedings, good guarantee of coordination between the Institute of People's Inspectors and the People's Court, the Supreme People's Control Institute and the Supreme Court. The Supreme People's Court of the Supreme Court has led to the execution 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 Administrative Proceedings (later abbreviated as the TTHC Act) on the procedure to conduct a number of missions, the powers of the People's Control Institute, the People's Court in the operation to examine the compliance of the law. the law in administrative proceedings.

What? 2. Turn the administrative case file

1. The court transferred the case file to the Institute of the Examination Jointly to the Institute for examination of the trial, the session under the provisions of the TTHC Law, except the case of the Institute of Examination jointly with the Court with the Court of Appeal of the Court of Appeal, the jury, or the retrial. according to the appellate procedure, judge or retrial. The transfer of the case file is done as follows:

a) The Court of Appeals sent the case file along with the decision to submit the case to the Institute for the Examination immediately after the Court decided to take the case to trial. 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 statute under Article 124 of the TTHC law to open the prescribed trial at paragraph 3 Article 117 of the TTHC Laws.

b) The Court of Appeal sent a case file to the Institute for the Examination immediately after the Tribunal's ruling. 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 statute under Article 200 of the TTHC Act to open the prescribed trial at 3 Article 191 of the TTHC Laws.

c) The case of Chief Justice of the Supreme People 's Court or the Chief Justice of the People' s Court of Appeal under the procedure of director of the jury, retrial the Court has the jurisdiction of the jury, the retrial of the case file along with the decision to appeal to the Institute of Police. Right after the Chief Justice of the Court decided to appeal. In the 15-day period, since the date received the case file, the Institute of Examination has to return records to the Court with the jurisdiction of the judge, retrial in accordance with Article 216 and Article 238 Laws of TTHC to open the trial in accordance with Article 221 or Article 238. TTHC law.

d) The case of the Institute of Examination for the session of the overdue appeal review, the appeal, the appeal on the portion of the charge and the appellate session on the decision to suspend the suspension, decided to suspend the resolution of the appeals court case of appeal, The appeal, the Court of Appeals for the Court of Appeal, filed for an overdue appeal, documents, evidence to prove to the cause of the filing of the overdue appeal (if any) or case files for the Institute of the Inspection Jointly Issued after the Court received the overdue appeal and the accompanying document. or after the Court of Inquisition to resolve the appeal, the appeal. During the 5-day period of work, since the date of receiving the file, the document, the evidence, the Institute of Examination has to return the records, documents, evidence for the Court to open the session under regulation at Article 178 or Article 207 of the TTHC Laws.

2. The transfer of case records to the Institute of Examination to review the appeal under the appellate procedure is performed as follows:

After receiving the verdict, the Court of Appeals's decision has not yet to take effect on the law that the examination institute needs to study the case file to review the appeal under the appellate procedure, the National Court of Appeals requires the Court of Inquisition. transfer case files to the Institute of Control.

Shortly after receiving the request of the Institute of Examination, the Court transferred the case file to the Institute for the Requested Examination.

Following the expiration of the statute of limitations stipulated at Article 183 of the TTHC Law, the Institute of Examination has to return a case file to the Court for a preliminary trial.

3. When the Court, the Institute of Examination found it necessary to study the case file to report the person with the authority to appeal according to the jury procedure or retrial, the transfer of the case file 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 that case to the Provincial Court, the Provincial Police Department. The Supreme People's Court, the Supreme People's Institute, has a document asking the Court to file a case of transferring that case to the Supreme People's Court, the Supreme People's Control Institute.

During the 7-day period of work, since the date of receiving a text request transfer, the Court is administing the case file transfer records to the Court, the Institute for the Examination has a required text.

b) The case of the Institute of Appeals for the appeal of a jury or a retrial, the Institute for the examination of the examination documents the case with the decision to appeal to the Court with the jurisdiction of the judge or the prescribed retrial at paragraph 3 Article 216 or Article 238. The TTHC law to open the trial under regulation at Article 221 or Article 238 of the TTHC Law; simultaneously informed the Court of transferring records to the Institute of Examination.

4. The case of the Court, the Institute of Examination has required a request to transfer a case file to review the appeal according to the procedure or retrial procedure, the transfer of the lake 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 07 day period of work since the date received request, the file has not been transferred to the Institute for examination. 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 Institute for 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 unappealed records, the Institute for the Control of the Case for the Court transferred the original case.

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 to have transferred the records to himself; if the Court has asked not to continue requiring a transfer of the file, the Institute for the Control returns the case to the Court that had transferred the original case.

In the deadline to be guided at this b point where the Court has the request received the non-appeal case the Court transferred the case file to the Court that 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 person with the authority to appeal to the procedure of supervising the jury, the retrial has decided to postpone the execution of the sentence, the Court ' s decision to take effect. Law enforcement or law enforcement agency adjourn the execution of civil rights to the civil rights section of the verdict, the Tribunal's decision on the administrative case or case to serve the oversight operation of the agency, the organization, the authority, the Court, and the Institute. It's a coordinated review of the case file transfer to secure the review, solve it.

5. Before opening the trial, the session if the case file was transferred to the Institute of Examination for which it was 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. Now, the evidence for the Institute of Examination in this case has to make sure the time for the Institute to examine the research, take part in the trial, the session.

6. The transfer of a case file can be done in a postal or direct transfer method.

All documents present in the case file (including old documents and additional documents, if any) must be numbered and have a list of documents. Before transferring the case file from the Tribunal to the examination institute or vice versa, the filing agency must fully examine the document in that case file.

The case sends a postal record, the person receives the first file of the Institute of Examination or the Tribunal must check the seal; if the seal is no longer intact, the file must immediately immediately confirm the case status, which is confirmed by the employee. The postal service and the unit leadership report directly in charge, and inform the agency to file a resolution. The case of sealing is intact, but through the examination of the document found in the missing file compared to the list of documents, it must report the direct unit leader in charge to set the document immediately and inform the agency. to coordinate the settlement. The date of the filing is the date the database receives the record at its headquarters.

The case file case is transferred directly, the procedure for the procedure to be transferred by the Court to the Control Institute is carried out at the inspection facility; the procedure for the procedure to be transferred by the Institute of Transfers to the Court is made at the Court's Headquarters. The case recipient of the case file is subject to a document catalog manifest with the document that has been given the order number in the profile. The delivery must be compiled, specify the time, the location of the filing, the profile status, the signatures, and the names of the persons who conduct the records.

What? 3. Press Service Officer participant in the trial, session; notification of changing the Audit Inspection

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

a) For a 10-day period of work, since the date of receiving a prejudicial hearing of the Court of Inquisition in accordance with the stipulation of the case at Article 114 Law TTHC, the Institute of Examination Of The Examination of the Examination Examination. In the case of a complex case, the trial may have to last for several days and find it necessary that the Institute's Institute of Inspects can be assigned to the Alternate Examination. During the 5-day period of work since the day of the inspection of the Audan Service, the Institute of Inspects must submit to the Office of the Assigned Examination of the Examination Officer, the Reserve Officer (if any) participate in the trial. The Audit Office of the Audit Service must specify the name of the Examine and Defect Examination (if any) are assigned to the trial.

b) After the Institute of Examination and the Acute Examination of the Court for the transfer of case files, appeals and documents, evidence attached to the Court of Appeal in accordance with Article 180 of the TTHC Law, the Institute of Examination must notify the Institute of Control. The court was sent directly to the Court of Appeals for the Court of Appeal. For a 10-day period of work, since the date of receiving a file issued by the Court of Appeal, the Institute of Appeals must submit to the Office of the Assigned Examination of the Examination Officer, the Reserve Officer (if any) participate in the trial, the appellate session. The Audit Office of the Audit Service must specify the name of the Examine and Defect Examination (if any) are assigned to the trial, the Court of Appeal.

2. The notification of changing the substitution of the staff to the trial, the session is done as follows:

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

b) Before opening the trial, the session, if the Court received a request for the change of the examination, the Court transferred immediately to the Board of Appeals for the Board of Appeals for the examination, decided in accordance with Article 46 of the TTHC Laws. During the 7-day period of work, since the date of receiving a request for a change of the examination, the Institute of Inspects must inform the Court of whether to change or not to change the examination. If you want to change the test, the notification is done in the direction of a paragraph 2 of this. The non-change case, the Institute for Information Control, states that the reason is not changed.

At the time of the trial, the session was required to change the trial, the session, but as of the opening day of the trial, the session was followed by the Court, the rest of the time was not over 7 days at the time of the trial. Other police officers replaced the Court for the examination. 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 session of the Board of Appeals decides the decision to change the examination under the regulation at paragraph 2 Article 46 of the TTHC law, the Court immediately sends the decision to change the examination, and the decision to delay the trial, the session for the Academy of Control. We have jurisdiction under the provisions of Article 46 of the TTHC Laws.

During the 7-day period of work, since the date of the trial, the session, the Institute of Police Chief of the Board has the authority to decide on the other Alternate Examination and inform the Court. The announcement was made in accordance with the point of paragraph 2 This.

What? 4. Ask the Court to verify, collect evidence

1. During the resolution of the case, if the Institute of Examination requires verification, gathering more evidence to ensure the settlement of the case with the base and the right law, the Institute of Examination has a written request for the Court to verify, collect evidence in accordance with regulations. The Third Section, 78 TTHC. The court carried out verification measures, collecting evidence at the expense of 4 Article 78 TTHC.

2. Prior to the opening of the trial, the Institute for Examination Submitted requested the Court of verification, collecting evidence to the Court made the decision to take the case to trial. The text required to specify the evidence to verify, collect, the reason to verify, collect evidence. The court sent to the Institute for a copy of the copy of the document, the evidence that the Court collected before opening the trial. If at the trial, the new court received the document, the court published the document, the evidence stipulated at the point of a 1 Article 153 CTHC clause.

In case of verification, gathering evidence at the request of the Institute of Examination is not possible or the Court of Inquisition is not necessary, it is not until the end of the trial by the end of the trial in order to bring the case to trial. Paragraph 3 Article 117 of the laws of TTHC, the expiration of the appellate court under the decision to take the case to the trial stipulated in paragraph 3 Article 191 of the TTHC Act, the Court of the Censorship Of The Examination. The text stated that the reason could not be carried out, gathering evidence at the request of the Institute for the examination or the reason the Court was not required.

3. At the trial, the Examine asked the Court to verify, gather evidence to specify whether to verify, collect, the reason to verify, collect evidence. If the Board does not accept the requirements of the Audan, the test will continue to participate in the trial. The case of the trial council accepted the request for verification, collecting the evidence of the Audesan, except for the prescribed cases at points a, b, c, d and h paragraph 4 Article 78 The TTHC Laws that the authorities, individuals, agencies, organizations can provide. Granted evidence at trial and consideration, the appraisal is possible. Ask the Court to verify, collect the evidence of the Examine at the trial and the Assembly's acceptance of the trial or not accept the request of the Examine to be inscribed on the court's version.

4. The case has adjourn the trial, but the verification, gathering evidence at the request of the Examination Officer is not possible or the trial council should not be needed, the Board of the Board notified the Examine ' s Office before the Tribunal day. Continue the trial. The announcement stated that the reason could not be made to verify, collect evidence at the request of the examination of the examination or the reason that the trial review was not necessary.

What? 5. The Institute of Corrects proceeds to collect evidence

1. The Institute of Examination has the right to the right to the right, personally, agency, organization that provides records, documents, objects according to regulation at paragraph 3 Article 78 TTHC Law 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, Management, and Management, which provides for the application of records, documents, and evidence at a 2-Article 87 TTHC Code. 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 a full supply, it is time to submit to the requirements of the Institute for the examination.

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 to include the case file and is preserved in the Court as prescribed at 1 Article 88 TTHC Law. The procedure for certification is carried out in accordance with paragraph 5 of Article 2 of this federation.

What? 6. Request for revision, additional trial receipt, 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 Inspecting Officer are executed immediately and the inspection officer confirms the amended, supplemated content at the order of 4 Article 140 The TTHC Code.

Chapter II

THE PROCEDURE TO SEND THE PROCEEDINGS BETWEEN THE COURT AND THE INSPECTION INSTITUTE

What? 7. Send the document to return the lawsuit, the decision to resolve the complaint, petition for the return of the lawsuit

1. The submission of a document that returns a lawsuit to the Institute of Inspection at the same level as stipulated at paragraph 2 Article 109 of the TTHC Law must be done according to each case.

2. The case with a complaint of the incumbent or the petition of the examination institute on the return of the lawsuit is decided to resolve the complaint, the Chief Justice ' s petition has returned a regulatory order stipulated at 2 Article 110 TTHC Laws sent immediately. The Institute for Inspection Jointly Issued; Decision to resolve the complaint, the motion of the Chief Justice of the Superior Court on a direct basis stipulated at the 3 Article 110 of the TTHC Laws sent directly to the Institute for the examination of the same level, the Institute of Examination petits.

What? 8. To the decision to resolve the complaint, the petition for the transfer of the case file

The case with the complaint of the incumbent or the examination of the Chamber of Control over the decision to transfer the case file to the Court with the jurisdiction stipulated at a Article 32 of the TTHC Act decided to resolve the complaint, the Chief Justice of the Court decision made the decision. The case file transfer is immediately sent to the Institute for the same level.

What? 9. Send text informed of the decision not to decide to apply, change, cancel the temporary emergency measure.

The judge's announcement of the decision not to make the decision to apply, change, cancel the temporary emergency measure stipulated at paragraph 3, paragraph 4 Article 67 and Article 68 of the TTHC Laws submitted immediately to the Institute of the same level.

What? 10. Send text informed of the appeal, change, supplement, withdrawal of the appeal of the incumbent.

1. The Supreme Court of Appeal sent a notice to the Institute for the Examination of the Commission on the appeal of the authorities under the provisions of Article 180 of the TTHC Laws. The dispatch of a written statement of appeal to the Institute of the same degree must be carried out in accordance with each case. In the case of a case with multiple appeals, the Court may inform in a document about the appeal of the authorities in that case.

2. Before opening the trial that the incumbent changed, the addition, withdrawal of the appeal, the Court of Appeal sent immediately to inform the Institute for the examination of the same level, the addition, to withdraw the appeal of the incumbent on the stipulation at 3 Article 188 Laws of TTHC. In the case of a number of changes, additions, appeals, the Court can inform in a document of change, supplement, withdrawal of the authorities in that case.

What? 11. Send text message, decision on review of overdue appeal.

1. The Court of Appeals for the Court of Appeal sent a written statement to the Institute for Examination at the time of the opening session review of the specified overdue appeal at 2 Article 178 TTHC Laws. The session adjourn the session then announces the session to reopen the session after the delay.

2. The audit institute sent immediately to the Court of Appeals for the Circuit Court of Appeals to announce the dispatch of the Examine to participate in the session, the notification text changes the dispatch of the Audit (if any). The text message is made in accordance with paragraph 1, point a paragraph 2 Article 3 of this President.

3. The Court of Appeal sent to the Institute of Appeal of the same decision to accept an overdue appeal, the decision not to accept an overdue appeal of regulation at 2 Article 178 TTHC Law during the 5-day period of work, since the decision date.

What? 12. Send the decision to take the trial of the appellate, the decision to suspend, decide the court of appeals.

1. The decision to take the case of the appellate trial must be sent to the Institute for the same level as soon as the Court makes the decision.

2. The Court of Appeals for the Court of Appeal sent to the Institute of the Same Class and the Institute of Examination resolved the case at the preliminary hearing of the suspension, which decided to suspend the prescribed administrative trial in paragraph 1 Article 191 of the TTHC Law for a 30-day period, since The decision is made.

What? 13. Send the change text, complements the decision to appeal the director, retrial, text message about the time to open the jury trial, retrial.

1. The court has the jurisdiction of the judge, retrial immediately to the Institute for Examination of the same degree of change, the addition of the decision to appeal the jury's appeal, the retrial of the Chief Justice of the Court stipulated at 1 Article 217, Article 238 The TTHC Laws.

The document changes, complemers the decision to appeal the director, the retrial of the Institute of State for the Regulation of Regulation at 1 Article 217, Article 238 of the TTHC Laws submitted immediately to the Court with the jurisdiction of the jury, retrial.

2. The Court has the jurisdiction of the jury, resent the text informing the examination of the time of the examination of the jury, retrial; the case of adjourn, the time to reopen the hearing of the jury, retrial after the adjournation.

Chapter III

THE INSPECTION TEAM IS IN THE TRIAL, SESSION.

What? 14. The inspection of the Auditabas at the trial of the jury

1.After the participants gave the debate and the response was done, the prosecutor asked the examination for the examination of the following questions:

a) A statement of adhering to the law of proceedings in the course of the judgment of the judge, the Board of Judgation, since the trial of the case until before the time of the Assembly.

b) The opinion of the approval of the law by the participants of the administrative proceedings, since the death of the case until the time of the sentencing of the parliament, did not address the decision to resolve the case.

2 comments of the Examine to be presented in writing, have the signature of the Examine to participate in the trial and must be sent to the Tribunal for a period of 5 working days, since the end of the trial to save on the case file.

What? 15. The Institute of Control attends 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 inspection, the Board of Appeals is overdue to postpone the session.

2. At the session, the prosecutor issued comments on compliance with the Court of Appeal of the Court of Appeal since receiving the overdue appeal to 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? 16. Presentation, spokesman for the Examine at the trial, the appeals session

1. The case with only the appeal of the Examination Institute, the presentation, said the Examine ' s statement at the trial, the session was carried out 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; analysis to clarify the examination of the examination of the examination Institute for the sentence, the preliminary decision;

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

c) The view of the view of the Institute for the examination of the settlement of the verdict, the preliminary decision or section of the sentence, the preliminary decision to be appealed.

2. The case with only the appeal of the incumbent, the spokesman for the examination at the trial, the session was carried out 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 of the instructions on the instructions on this one.

c) The view of the view of the Institute for the examination of the verdict on the verdict, the preliminary decision or the conviction, the preliminary decision being appealed.

3. The case with the last appeal of the incumbent, has the appeal of the Examination Institute, and the police officer gave the following statement:

a) A statement of the appeal of the incumbent at the point of a paragraph 2 of this;

b) The Institute's appeal presentation is in the direction of this one Article.

c) A comment on the instructions for the instructions on this b point.

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 statement of 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 Tribunal for a period of 5 working days, since the end of the trial, the session to save on the case file.

What? 17. Presentation, spokesman for the Supervisor at the hearing of the jury, retrial

1. The case of the Institute of Petitions of the appeal of the appeal, the presentation of the Examine at the trial is done as follows:

a) The auditor presented the appeal content and the base of the appeal; there is the right to document the addition of records, documents, materials; analysis to clarify the examination of the examination of the examination Institute for the sentence, the decision has been in the law of law or others. New details can change the basic content of the verdict, the decision has been in the legal effect;

b) The examination of the examination of the Institute for the settlement of the case.

2. The case of the Chief Justice of the Court of Appeal then the presentation, the Examine ' s speech at the trial 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 Institute of Control in the direction of this Article 1 Article.

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 in order to save on the case file.

Chapter IV

CHECK OUT THE COMPLAINT, DENOUNCE.

What? 18. The requirements of the Institute for Examination for the Tribunal

1. The Institute of Examination requires the Court of the same degree and the District Court under the document to resolve the complaint, denouncing the stipulation at Chapter XVII Act TTHC 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 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 of the Court for the examination and answer to the hospital for 15 days, 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 Requested Examination Institute. In the case of complex cases, the Court must have a written statement of the Court for the examination and answer to the inspection hospital for 30 days, since the date of the request.

What? 19. Rights of the Institute for the Examination of the Court

1. The case with a base that determines the settlement of the complaint, the court ' s denouncing, the unlawable authority, the Institute of Appeals for the Petition Examination with the Court of the same rank and the Court granted under the restoration of a violation of the law.

2. The case of the Institute of Examination required pursuant to instructions on Article 18 of this Federal Communications or of the petition in accordance with Article 1 This Article which the Tribunal does not perform or does not fully require, the examination of the Examination Institute, the Institute of Police. have a right to petition with the Supreme Court.

3. In the 15-day period, since the date of receiving the petition in accordance with the instruction at paragraph 1 and paragraph 2 This, the Court must consider and respond in writing to the Institute of Chartered Petitions. In the case of complex cases, the Court has a written statement for the Institute of Examination and answers to the Institute for a 30-day period, since the date of the petition.

Chapter V.

EXECUTION CLAUSE

What? 20.

This federation has been in effect since 15 September 2012.

The previous guidelines of the Supreme People's Institute, the Supreme People's Court on matters that are guided in this federation are out of effect.

What? 21. On the amendment, supplematation of Information

In the course of execution, if there is an explanation for an explanation or an additional guidance, the agencies, organizations are involved in reporting with the Supreme People's Control 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)

Get Rid Of Me

"The humble".