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Resolution 60/2011/qh12: Regarding The Enforcement Of The Law On Amendments And Supplements To Some Articles Of The Code Of Civil Procedure

Original Language Title: Nghị quyết 60/2011/QH12: Về việc thi hành Luật sửa đổi, bổ sung một số điều của Bộ luật Tố tụng Dân sự

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10, PARLIAMENT: 1.

Law on amendments and supplements to some articles of the code of civil procedure no. 65/2011/QH12 Congress, the Socialist Republic of Vietnam XII, session 9 through January 29, 2011, in effect from January 1, 2012.

Article 2.

1. From the date of the law on amendments and supplements to some articles of the code of civil procedure was announced to the day this law is in effect: a) the time limit for appeal under the procedure of Cassation against judgements, decisions, marriage and family, business, commercial, labour law has been in force before the date of the revised Law , the addition of some articles of the code of civil procedure was announced to apply under the provisions of article 288 of the code of civil procedure no. 24/2004/QH11 (hereafter referred to as the code of civil procedure);

b) the time limit for consideration of proposals under procedure of Cassation, the time limit for appeal under the procedure of Cassation against judgements, decisions, marriage and family, business, commercial, labour law takes effect from the date of the law on amendments and supplements to some articles of The luất civil procedure was announced to be applied according to the provisions of article 284 and 288 of The code of civil procedure was amended, supplementing a number of articles under Act No. 65/2011/QH12;

c) procedure for cassation, retrial verdict, decision, marriage and family, business, commercial, labour stated at point a and point b of this paragraph be made according to the provisions of the code of civil procedure in 2004.

2. From the date of the law on amendments and supplements to some articles of the code of civil procedure in effect: a) for civil cases, marriage and family, business, commercial, labour was the Court accepting the amendment the day before, the addition of a number of articles of the code of civil procedure in force but since this new effect Law resolved the first instance shall apply the provisions of the code of civil procedure was amended some additional articles by Act No. 65/2011/QH12 to solve;

b) for civil cases, marriage and family, business, commercial, labour has been Court of first instance before the law on amendments and supplements to some articles of the code of civil procedure in effect, but since this new effect Law appeals shall apply the provisions of the code of civil procedure has been modified plugins some articles by Act No. 65/2011/QH12 to solve;

c) for those judgments, decisions, marriage and family, business, commercial, labour law has been in force that were protest of Cassation, retrial before the law on amendments and supplements to some articles of the code of civil procedure in force but since this law is in effect a new trial of Cassation , a retrial shall apply the provisions of the code of civil procedure was amended some additional articles by Act No. 65/2011/QH12 to solve;

d) for those judgments, decisions, marriage and family, business, commercial, labour has legal effect have motion of Cassation, a retrial in the period from the date of the revised Law, the addition of some articles of the code of civil procedure was announced before this law is in effect that has not had the appeal of authorized person , then the appeal made under the code of civil procedure was amended some additional articles by Act No. 65/2011/QH12;

DD) for those judgments, decisions, marriage and family, business, commercial, labour law has been in force before the date of the law on amendments and supplements to some articles of the code of civil procedure in effect that since this law is in effect a new protest of Cassation , retrial, except in cases specified in point d of paragraph 2 of this Article shall be based, to conduct the protest under procedure of Cassation, retrial pursuant to the law the Prosecutor unleashed civil 2004; the trial of Cassation, a retrial was conducted according to the provisions of the code of civil procedure was amended, supplementing a number of articles under Act No. 65/2011/QH12.

Article 3.

1. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the function, duty, his powers themselves or coordinate the Organization reviewing the relevant text to promptly modify, supplement or enact new for law amendments , the addition of some articles of the code of civil procedure, to ensure the validity of this law from January 1, 2012; in coordination with the authorities continued to study the terms of the code of civil proceedings there are obstacles, shortcomings in the practical resolution of the civil case without condition the additional amendments to prepare options for modifying and supplementing the Basic, comprehensive civil procedure laws.

2. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, the mission is responsible for implementing and guiding the implementation of this resolution.

This resolution was the National Assembly of the Socialist Republic of Vietnam XII, session 9 through January 29, 2011.