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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CIRCULAR guiding the implementation of some provisions of the law on administrative proceedings about the Prosecutor comply with law in administrative litigation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform enforcement of the provisions of the law on administrative proceedings about the Prosecutor comply with law in administrative 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 of a number of points as follows: chapter I GENERAL MATTERS article 1. Scope this circular guiding the implementation of some provisions of the law on administrative proceedings (hereinafter abbreviated as AP Law) about the procedure conducted a number of tasks and powers of the people's Procuratorate, people's Court in the Prosecutor's activities comply with the law in the administrative proceedings.
Article 2. Administrative case file transfer 1. The Court transferred the case file to the Procuratorate at the same level to Procuratorate attend the trial session, according to the provisions of the law, except AP Procurator at the same level with the competent Court appellate, cassation or retrial has protest under procedure of appeal , cassation or retrial. The transmission of the case file are as follows: a) the Court of first instance sent the case file, together with the decision to take the case to trial to the Procuratorate at the same level as soon as the Court decision to take the case to trial. Within 15 days from the receipt of the case file, the Procurator must return the record to the Court under the provisions of article 124 of law AP to open trial according to the provisions in paragraph 3 Article 117 of law AP.
b) Court of appeal sent the case file to the Procuratorate at the same level as soon as the court case. Within 15 days from the receipt of the case file, the Procurator must return the record to the Court under the provisions of article 200 AP Law to open the trial as stipulated in paragraph 3 to article 191 AP Law.
c) 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, retrial the Court shall have jurisdiction of Cassation, retrial sent the case file, together with the decision to appeal to the Procuratorate at the same level as soon as the Chief Justice of the Court of Appeals decision. Within 15 days from the receipt of the case file, the Procurator must return the record to the competent courts of Cassation, a retrial in accordance with paragraph 2 and 216 AP Law 238 to open trial as defined in article 221 238 or AP Law.
d) case of Procuratorate participated in sessions that appeal expired, appeal, appeal to the court fee and the appellate session to decide the suspension, decided to suspend the administrative case of the Court of first instance was appealed, the appeal the Court of appeal sent the appeal expired , documentary evidence to prove the reason for filing an appeal (if any) or the record of the case to the Procuratorate at the same level after the Court received an appeal expired and attached document or after accepting the courts to resolve the appeal or protest. Within 5 working days from the date of receiving the documents, records and evidence, the Prosecutor must return the records, documents, and evidence for the Court to open the session according to the provisions of article 178 or AP Law 207.
2. The transmission of the case file to the Procurator for review the protest under procedure of appeal are as follows: after receiving the verdict, the decision of the Court of first instance is not yet in force legislation that Procuracy considers the need to study the case to consider appeal by appellate procedure, the Procurator has the required text The Court of first instance to transfer the case file to the Procurator.
Immediately after receiving the request of the Prosecutor, the Court transferred the case file to the Procurator has the required text.
The latest is immediately after the expiry of the appeal of appeal specified in article 183 AP Law, procuratorate must return the case file to the Court was hearing appeals.
3. The Court, Procurator deems it necessary to study the case file to the competent person to report the protest under procedure of Cassation or retrial shall transfer the case file are as follows: a) the Court of the province, the provincial procuratorate have written request-level courts have issued judgments the decision in effect the law moved that case file to the Court of the province, the provincial procuratorate. The Supreme People's Court, the Supreme People's Procuratorate have written asking the courts are records management moved the case file for the Supreme People's Court, the Supreme People's Procuratorate.
Within 7 working days from the date of receiving the written request to transfer, the court records are records management moved the case file to the Court, the Procurator has the required text.
b) case of Procurator protest of Cassation or protest of a retrial, the Procuratorate immediately transfer the case file, together with the decision to appeal to the competent courts of Cassation or retrial under the provisions of paragraph 3 to article 216 or Article 238 AP Law to open the trial as defined in article 221 or AP Law 238; at the same time inform the Court moved a profile for the Procuratorate said. 
4. the Court, Procurator of the same requested move case to consider appeal under the procedure of Cassation or retrial shall transfer the Lake sơđược perform the following: 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 before but within 7 working days from the date of receiving the request, the records have not been transferred to the Procuratorate which receives requests 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 records appeal Procuratorate moved the case file to 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 notify 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 record does not appeal the Court transferred the case file to 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 12 months or the case has the right to protest under procedure of Cassation, the retrial was the decision to postpone the enforcement of the judgment, the decision of the Court in effect the law or have requested civil enforcement agency to postpone the execution for the civilian part of the judgment the decision of the Court about the case or administrative case to serve the Agency's monitoring activities, the Organization, authority, the Court and the Procuratorate of coordination in migration the case file to ensure the review, resolve.
5. Before opening a court session, if the case file has been transferred to the Procuratorate for which there is evidence by the individual, agency or organization that provides for court or by the Court then the Court additional collection 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. Transfer of case file can be done in a manner transferred by mail or direct transfer.
All materials contained in the case file (including old material and new material added, if any) are to be numbered and contains a list of documents. Before moving the case file from the courts to the Procurator or on the contrary, the Agency transferred the records to check fully documented in the case file.
The case sent the postal way profile the people 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 must then report 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 records at his headquarters.
The case the case file be 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. The person receiving the case file 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. The Prosecutor informed the trial participants, the session; notice to change the assigned Prosecutor 1. The Prosecutor informed participants of the trial, the session was as follows: a) within a period of 10 working days from the date of receiving the written notice of the Court of first instance on the case under the provisions of article 114 AP, Law Minister prosecutor assigned Prosecutor joined the trial. Case complexity, the trial could have lasted several days and deems it necessary, the Minister can prosecutor assigned Prosecutor membership. Within 5 working days from the date of assignment, procurator must send the written assignment Court Prosecutor, Prosecutor membership (if any) to join the trial. The text assigned to Prosecutor stating the name of the Prosecutor and the Prosecutor membership (if any) was assigned Director of the trial.
b) after the Procuratorate at the same level of the notice of the Court of first instance regarding the transferred case file, the appeal and the documents, and evidence for the Court of appeal according to paragraph 1 Article 180 AP Law, procuratorate shall inform the Procurator directly the superior courts have moved for the Court of appeal. Within 10 working days from the date of receiving the records by Court of appeal moved to, the Procurator must send the written assignment Court Prosecutor, Prosecutor membership (if any) to join the trial, appellate 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 appellate session.
2. change the notification côngKiểm observer 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 then Procurator sent the Court written notice about assigning another Prosecutor replaced world. 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 moved right to that claim for Minister Prosecutor has the authority to review the decision under the provisions of paragraph 1 to article 46 of law AP. Within 7 working days from the date of receiving the petition to change the Prosecutor, the Prosecutor shall inform the Court of the change or not to change. The case, the Prosecutor changed the notification made according to the instructions in point a of paragraph 2 of this Article. The case does not change the Prosecutor then 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 Court, the remaining time not exceeding 7 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 session a decision change the Prosecutor according to the provisions in clause 2 Article 46 of law the Court immediately send the AP decided to change along with the prosecutor decided to postpone the trial, the session for the Minister the Prosecutor has the authority under the provisions of clause 2 Article 46 of law AP.
Within 7 working days from the date of the trial, adjourned the session, Minister Prosecutor had jurisdiction to decide the other Prosecutor's assignment and notify the Court know. The announcement was made as instructed in point a of paragraph 2 of this Article.
Article 4. Ask the Court to verify, collect evidence 1. In the course of the case, if the Procurator deems necessary to verify, collect more evidence to ensure the resolution of the case and the legal base, the Procurator has the text requires the Court to verify, collect evidence as defined in paragraph 3 Article 78 of law AP. The Court made the verification measures, collect evidence prescribed in paragraph 4 to article 78 of law AP.
2. Before opening the trial, Prosecutor submitted documents requesting the Court to verify, collect evidence to the Court to have the decision to take the case to trial. Written request must specify the evidence needed to verify, collect, reason need to verify, collect evidence. The Court sent to Procurator of copies of documents, which the court evidence collected prior to the opening of the trial. If at the trial, the Court received the document, evidence which the Court announced, documents evidence prescribed in point c paragraph 1 Article 153 AP Law.
The case of the collection of evidence at the request of the Procurator is not possible or the Court deems it unnecessary then slowly to the expiry day open trial following a decision bringing the case to trial đượcquy in clause 3 Article 117 of law AP expiry, Court of appeal following a decision bringing the case to trial are specified in paragraph 3 to article 191 AP Law, the Court notified in writing to the Procuratorate said. Written notice stating the reasons cannot perform the verification, collecting evidence at the request of the Prosecutor or the reason the Court deems unnecessary.
3. At trial, the prosecutor asked the Court to verify, collect evidence to clearly evidence needed to verify, collect, reason need to verify, collect evidence. If the trial does not accept the request of the Prosecutor, the Prosecutor continues to participate in the trial. Case of trial to accept the verification requirements, collect evidence of the Prosecutor to postpone the trial, except for the cases stipulated in points a, b, c, d and h paragraph 4 Article 78 of law AP that litigants, individuals, agencies, organizations can provide evidence at the trial and the consideration , evaluation can be conducted. Ask the Court to verify, collect evidence of the Prosecutor at the trial and the trial to accept or not to accept the request of the Prosecutor must be recorded in the minutes of the trial.
4. The case has postponed the trial, but the collection of evidence at the request of the Prosecutor is not able to accomplish or trial deems not necessary the trial Prosecutor informs in writing before the Court continued hearing the case. Notice stating the reason unable to perform the verification, collecting evidence at the request of the Prosecutor or trial reasons deems unnecessary.
Article 5. 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 stipulated in paragraph 3 Article 78 AP Law 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 stipulated in paragraph 2 Article 87 AP Law. 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 submit to the Procuracy of text stating the reason.
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 case file and is preserved at the Court under the provisions of paragraph 1 to article 88 AP Law. Delivery procedure and evidence are made according to the instructions in paragraph 5 article 2 of this circular.
Article 6. 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 140 of law AP.
Chapter II PROCEDURES for SUBMITTING DOCUMENTS in PROCEEDINGS BETWEEN COURT and PROCURATORATE article 7. Send the text returned the petition, complaint resolution decision, recommendations about returning the petition 1. Sending text return the petition to the Procuratorate at the same level as specified in paragraph 2 to article 109 AP Law must be made according to each case.
2. where there are complaints of litigants or recommendations of the Procuracy about the return of the petition, the complaint resolution decision, recommendations of the Chief Justice the Court returned the petition specified in paragraph 2 to article 110 AP Law be sent immediately to the Procuratorate at the same level; Decision on complaint resolution, the recommendations of Chief Justice of the superior court directly prescribed in paragraph 3 Article 110 AP Law be sent immediately to the Procuratorate at the same level, the Procuracy has proposed.
Article 8. Sending complaints decisions, recommendations regarding the transfer of the records of the case where there are complaints of litigants or propose to institute prosecution against the decision to transfer the case file to the competent court specified in clause 1 Article 32 of law AP then decided to resolve the complaint recommendations of the Chief Justice of the Court had decided to transfer the case file be sent immediately to the Procuratorate at the same level.
Article 9. Send a text message about the decision not to apply, change, cancellation of provisional measures

Text of the notification of the judge about the decision not to apply, change, cancel the provisional measures provided for in paragraph 3, paragraph 4 and article 67 Article 68 of law AP is sent immediately to the Procuratorate at the same level.
Article 10. Send a written notice of appeal, change, addition, withdrawal of the appeal 1. The first instance court to send a text message right to the Procuratorate at the same level of appeal of litigants under the provisions of paragraph 1 the law 180 AP Articles. Sending written notice of the appeal to the Procuratorate at the same level must be made according to each case. In one case the case has many litigants to appeal, then the Court may announce in a text about the appeal of the litigants in the case.
2. Before opening the trial which is equivalent to the change, addition, withdrawal of the appeal, the Court of appeal sent the right message text to the Procuratorate at the same level of changing, supplementing, withdrawal of the appeal in accordance with paragraph 3 to article 188 AP Law. In one case the case has many litigants change, addition, withdrawal of the appeal, the Court may in a text message about changing, supplementing, withdrawal of the appeal of the litigants in the case.
Article 11. Send a text message, a decision on the review of the appeal expired 1. The Court of Appeal sends written notice to the Procuratorate at the same level in time to open the session to consider the appeal expired the provisions in paragraph 2 to article 178 of law AP. Case postponed the session shall announce the time to reopen after the session adjourned.
2. Procurator sent right to the Court of appeal written notice the assigned Prosecutor participated in the session, the message text to change the assigned Prosecutor (if available). Text message follow the instructions in paragraph 1, point a of paragraph 2 of article 3 of this circular.
3. The Court of appeal sent to the Procuratorate at the same level the decision to accept the appeal expired, decided not to accept the appeal expired the provisions in paragraph 2 to article 178 of law AP within 5 working days from the date of the decision.
Article 12. Send decided to take the case to appeal, decided to temporarily suspend the decision to suspend the trial of appeal 1. The decision to take the case to appeal must be submitted to the Procuratorate at the same level as soon as the Court decision.
2. The Court of appeal sent to the Procuratorate at the same level and the Procurator have resolved the case at the first instance the decision to temporarily suspend the decision to suspend the appellate administrative case prescribed in clause 1 Article 191 AP Law within a period of 30 days from the date of the decision.
Article 13. Send the text changes, supplements the decision of cassation appeal, retrial, text notification of time Court Cassation, retrial 1. Competent court of Cassation, retrial sent right to the Procuratorate at the same level of text changes, additional cassation appeals decision, Chief Justice's Court retrial stipulated in clause 1, article 217 Article 238 AP Law.
Change text, additional cassation appeal decision, the retrial of the Minister the Prosecutor specified in clause 1, article 217 Article 238 AP Law be sent immediately to the competent court of Cassation, a retrial.
2. the competent court of Cassation, retrial sent written notice to the Procuracy of time Court of Cassation, the retrial; case postponed trial shall announce the time to reopen the trial of Cassation, retrial after adjournment.
Chapter III PROCURATORATE ATTEND the TRIAL SESSION, article 14. Speaking of the Prosecutor at the trial after the participants in the proceedings and debate speech for response, the Prosecutor stated opinion of the Procurator on the following issues: a) statements of opinion on the compliance with the law in the proceedings in the course of the case of judge , The Board of review, since the case until trial time of deliberation;
b) statements of opinion regarding the observance of the law of the administrative proceedings participants, since the case until trial time of deliberation, not speaking about the views of the case.
2. 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 end of the trial to save in the case file.
Article 15. 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, the Board of 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 receiving 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 16. Presentation, speaking of the Prosecutor in trial, appellate session 1. Case 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; 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 obey 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) 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 the only appeal 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 opinions about the content of the instructions at point b paragraph 1 of this article;
c) 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 protest of the Prosecutor, the Prosecutor stated comments according to the following sequence: a) speaking about the appeal of the litigants as instructed in point a of paragraph 2 of this Article;
b) presented the protest of the Prosecutor according to the instructions at point a paragraph 1 of this article;
c) statements of opinion on 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 to join the trial, vàphải session is sent to the Court within 5 working days from the date of the end of the trial, the session to save in the case file.
Article 17. Presentation, speaking of the Prosecutor at the Court of Cassation, retrial 1. The case Minister Prosecutor appeal the presentation speech of the Prosecutor at the trial is performed 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; 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) important remarks điểmcủa Procuracy about resolving the case. 
2. where the Chief Justice of the Court of appeal the present, speaking of the Prosecutor at the trial is performed 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 Procuracy as instructed in point b of paragraph 1 of this article.
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 end of the trial to save in the case file.
Chapter IV the PROSECUTOR HANDLING the COMPLAINTS, accusations the thing 18. The right to request of the Procurator to the courts 1. Procuracy demanded the Court of the same level and lower level courts out writing complaints, accusations as prescribed in Chapter XVII AP Law 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, it should have more time then the courts must have the written notice the reasons 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 case, it should have more time then the courts must have the written notice the reasons for the Procuratorate to know and respond to the procurator within 30 days from the date of the request.
Article 19. The right to petition of the Procurator to the courts 1. The case of determining the resolution of complaints, denunciations of the Tribunal, the competent person is incorrect, 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 Procurator requested instructions in article 18 of this circular or have recommendations according to the instructions 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 receiving the recommendations according to the instructions in paragraph 1 and paragraph 2 of this article, the Court must consider and reply in writing to the Procurator was known. The complex case, it should have more time then the Court written notice the reason for the Procuratorate to know and respond to the procurator within 30 days from the date of the petition.
Chapter V PROVISIONS Enacted 20. Effective enforcement of this circular effect since September 15, 2012.
The instructions of the Supreme People's Procuratorate, the Supreme People's Court on the issues was guided in this circular effect.
Article 21. About modifying, supplementing circular In the implementation process, if there are problems that need to be explained or additional instructions, the bodies, the relevant organizations to report to the Supreme People's Procuratorate, the Supreme People's Court to have the explanation, additional instructions promptly.