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Ordinance 49L/ctn: Procedure For Resolving Administrative Cases

Original Language Title: Pháp lệnh 49L/CTN: Thủ tục giải quyết các vụ án hành chính

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ORDER the PRESIDENT of the SOCIALIST REPUBLIC of VIETNAM, pursuant to article 103 and article 106 of the Constitution of the Socialist Republic of Vietnam in 1992;
Pursuant to article 78 of the law on the Organization of Congress: TODAY ANNOUNCED: Ordinance on procedures for settling administrative cases have been commissions of the National Assembly of the Socialist Republic of Vietnam tags IX, passed on 21 May 1996.
ORDINANCE on PROCEDURES for SETTLING ADMINISTRATIVE CASES To ensure the resolution of the case proper, timely administrative law aims to protect the rights and legitimate interests of individuals, agencies and organizations, contribute to improving effective governance;
Pursuant to article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the resolutions of the National Assembly session IX, 8 on the formulation of laws to the National Assembly term IX;
This Ordinance regulates the procedure of resolving administrative cases.
Chapter 1: GENERAL PROVISIONS article 1 the individual, State bodies, institutions under the procedure prescribed by law have the right to sue the administrative case to ask the Court to protect the rights, legitimate interests.
Article 2 before the petitioner to request the Court to protect the rights and legitimate interests, individuals, organizations, State agencies are complaint with State authorities, who have administrative decisions or administrative acts that they are unlawful; in the case do not agree with the decision to settle the complaint, then they have the right to appeal to the upper level directly by State authorities, who have administrative decisions or administrative acts which under the provisions of the law are competent to resolve complaints or claims case in administrative courts have jurisdiction.
Article 3 the petitioner administrative case can simultaneously request compensation for damage; in this case the provisions of civil law, civil procedure law also applied to settle damages claims.
In the process of resolving administrative tribunals created conditions for the parties may agree with each other about the case.
The petitioner in the case have the right to withdraw part or all of the contents in a lawsuit.
The party sued to have the right to modify or cancel the administrative decision being to claim.
Article 4 1-administrative decisions specified in this Ordinance is decided by the Ministry, ministerial-level agencies, government agencies, the Office of the President, Office of the National Assembly, local State authorities, the people's Court, people's Procuratorate granted be applied once for one or several specific objects on a specific issue.
2-Administrative behavior specified in this Ordinance is performed or behavior doesn't make the public service of officers and employees.
3-the provisions of this Ordinance is the petitioner, the party being sued, people have rights, obligations are concerned.
The petitioner is personal, State authorities, held that the legitimate rights and interests of themselves being violated by administrative decisions or administrative acts of the State bodies, heads, officials and State officials should have litigated cases at the administrative courts have jurisdiction.
The party being sued is the State bodies, heads, officers, State officials have issued administrative decision or administrative acts to which the petitioner argued that unlawful, infringe the legitimate rights and interests of them, should have litigated cases at the administrative courts have jurisdiction.
People have rights, obligations related to the individual, government agency, organization, due to the initiation of the administrative lawsuits of the petitioner for the party being sued that the resolution of the case that is related to the administration of the rights or obligations of them.
Article 5 the petitioner must do under the provisions of article 30 of this Ordinance; is obliged to provide a copy of the administrative decision, the reply text copy of the State agency or who had administrative decision or administrative acts on the resolution of complaints against administrative decisions, administrative acts for which the petitioner for is contrary to law; provide other evidence in order to protect their rights.
The party being sued is obliged to provide to the Court a copy of the legal documents as well as copies of the other documents which base on which to administrative decisions or administrative acts.
People have the rights, the relevant obligations has the right to participate in the proceedings with the petitioner, the party being sued or join independent proceedings, has the obligation to provide the evidence to protect their rights.
When necessary, the Court can verify, collect evidence or ask the litigants, individuals, organizations, State agencies providing relevant documents and evidence to ensure the resolution of administrative case was correct. Litigants, individuals, organizations, State agencies are required to provide complete and timely as required by the Court. In case of not providing the right answer in writing and stating the reason.
Article 6 The litigant equality of rights and obligations in the process of resolving administrative.
Litigants may authorize in writing to the Attorney or other person representing themselves to participate in the proceedings. Litigant himself or maybe thanks to lawyers or others to protect the legitimate rights and interests.
Article 7 administrative lawsuits be tried publicly, except in case of need to keep state secrets or secrets of privy to their legitimate request.
For administrative lawsuits that the content was clear, there was enough evidence was admitted by the parties and no request to participate in the trial, the court hearing without the presence of the litigants and participants in other proceedings.
The voice, the handwriting used in the process of resolving is the Vietnamese Government. The participants in proceedings have the right to use the voice, writing of his nation.
Article 8 in the event of notice of judgment, the decision of the Court was in effect the law is not true, then the Prime Minister has the right to ask the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy reviewed, resolved by the authority and the Prime Minister's reply within thirty days.
Article 9 the judgment, the Court's decision has the effect of administrative case law must be State agencies, organizations and people respect.
Individuals, organizations, State bodies are obliged to obey the judgment, the decision of the Tribunal on the case of Administration must strictly observance. The State Agency is tasked with the enforcement of the judgment, the decision of the Administrative Court of Asia about the case must be strictly enforced and is responsible before the law on the implementation of that task.
Article 10 the people's Procuracy Prosecutor obey the law in the process of resolving the administration under the provisions of the law on organization of people's Procuracy and of this Ordinance.
Chapter 2: the JURISDICTION of the COURT article 11 the Court has jurisdiction to resolve the case of the following: 1-administrative grievance decision sanctioning administrative violations, decided to adopt measures forcing the removal of unauthorized building works for houses, buildings, architectural objects solidly;
2-grievance decision to apply measures dealt with educational administration in communes, wards, town, put on the market brought, brought into the institution, brought in healing facility, administrative probation;
3-grievance decision on dismissal, except for the decision on the dismissal of the people's army and the decision on layoffs under the provisions of the labor code;

4-claim administrative decisions, administrative acts in the license, revoked the license in the field of construction, production, business activity, land management;
5-grievance decision to requisition, featured buying properties, decided to confiscate property;
6-appeals decisions on tax, tax collection;
7-grievance decisions about costs and fees;
8-appeals of administrative decisions, administrative acts in accordance with the law.
Article 12 1-district courts, County, town or city in the (District Court) settlement according to the procedure of first instance administrative grievances with respect to the administrative decisions of State agencies from the district level back down on the same territory and administrative decisions, administrative acts of officials officer of the State authorities.
2-provincial people's Court, the central cities (known as provincial courts) resolved under the procedure of first instance the administrative grievance against: a) the administrative decision of the Ministry, ministerial-level agencies, government agencies, the Office of the President, Office of the National Assembly, the Supreme People's Court , The Supreme People's Procuracy and administrative decisions, administrative acts of the head of the agency that the petitioner has a place of residence, work or based on the same territory;
b) administrative decisions of State bodies on the top provincial and territorial administrative decisions, administrative acts of officials and employees of State agencies;
c) administrative decision of the functional unit of the State agencies specified in point a of paragraph 2 of this Article and of administrative decisions, administrative acts of officials, officers of units that function that the petitioner has a place of residence, work or based on also the territory.
In case of necessity, the Court could take up to solve the case administratively under the jurisdiction of the Court of appeals for the District of administrative decisions of the people's Committee, Chairman of the people's Committee of the district level related to more complex objects, or in the case of the judges of the Court of the district in which the case is refused proceed the proceedings or altered.
3-the Supreme People's Court to resolve the appeals procedure under the general jurisdiction at the same time the administrative grievance under the jurisdiction of the Court of the Supreme People's Court that took up to deal with complaints of administrative decisions of State agencies specified in point a of paragraph 2 of this Article and the administrative decision of administrative acts, the head of the body that relate to many of the complex or, in case of difficult to determine the jurisdiction of the Court of the province; complaints of administrative decisions of the people's Committee, Chairman of provincial people's committees to involve many complex subjects, or in the case of the judges of the Court of the province that are part of the case to reject the conduct elements unleashed or altered.
Article 13 1-in the case do not agree with the decision to settle complaints by State authorities, who have administrative decisions or administrative acts, individuals, organizations, State agencies only have rights or complaints to level on the State Agency's direct, who has the administrative decision or administrative acts or administrative lawsuits in civil courts Court of competent jurisdiction. In the case just got a complaint up the upper level directly, just to have the petition the administrative case, the distinction of the authority are as follows: a) If only one person has just kicked the administrative lawsuits in the courts of competent jurisdiction, appeal to the upper level directly by State agencies who has the administrative decision or administrative behavior, then the resolution of the jurisdiction of the Court. Agencies have passive seat the complaint resolution to transfer the entire profile complaints to competent courts.
b) If there are many, including the petitioner administrative case in the courts of competent jurisdiction, the appeal to the upper level directly by State authorities, who have administrative decisions or administrative behavior, then the resolution of the jurisdiction of the upper level directly. The Court took the case the Administration must turn the case file to the competent bodies complaints immediately after the detection of the case not in his jurisdiction.
2-court case Administration to transfer the case file to the competent people's Court shortly after the discovery of the case not in his jurisdiction. Disputes over jurisdiction between administrative cases by courts on Court directly addressed.
Chapter 3: the PERSON CONDUCTING the PROCEEDINGS article 14 who conduct administrative proceedings include judges, people's jurors, the Prosecutor, the clerk of courts.
Article 15 1-the trial of first instance composed of a judge and two assessors.
2-trial instance at the same time judge of General Administrative Court of the Supreme People's court composed of three judges and two assessors.
3-the Council of three appellate judges.
4-the trial of Cassation, the retrial of the Administrative Tribunal of the Supreme People's court composed of three judges.
5-judge Committee, the Council of judges of the Supreme People's Court, the provincial court judge as trial under procedure of Cassation or retrial should have at least 2/3 (two thirds) of the total number of members involved.
6-the Board of review specified in the paragraph 1, 2, 3 and 4 of this decision by majority. The decision of the judges Committee and the Council of judges of the Supreme People's Court, the provincial court judge to be too half total membership voting approval.
Article 16 1-judge, jurors must refuse to conduct the proceedings or altered, if: a) is privy, or the protection of the rights of litigants, like relatives of the litigants, who testified in the case;
b) Were involved in administrative decisions being grievances;
c) participated in the hearing the same case as the judge, jurors, except the members of the Committee of judges, the judges of the Supreme People's Court, the Committee judges the Court, then be joined for trial several times the same case under the procedure of Cassation , a retrial;
d) In a trial in which the judge, the jurors are the ones you love with each other;
e) Have relatives like has been involved in the proceedings the same case at the trial level;
g) based shows may not be impartial while on duty.
2-the Prosecutor, the clerk of court must decline to participate in the proceedings or changed if: a) has joined the proceedings the same case at the trial level;
b) specified in the base point a, e and g of paragraph 1 of this article.
Article 17 1-before opening the trial, changing judges, assessors, Secretary to the Court by the Chief Justice the Court decision; changing the Prosecutor by the Minister the Prosecutor decide; If the Prosecutor is changed is the Minister the Prosecutor, then the Minister direct superior prosecutor to decide.
2-at the trial, the change of judges, jurors, the clerk of the trial, because the trial decision after listening to the opinions of the people being asked to change.
If at the trial have suggested that Prosecutor changes the trial found the reasons for the proposed change is legitimate, then the decision to postpone the trial.
Within three days from the date of adjournment of the trial, Chief Justice of the Court, the Minister the Prosecutor sent another person instead.
Article 18

In the course of the case, the Prosecutor has the right to Institute proceedings from any stage when it deems necessary. With regard to administrative decisions, administrative practice relating to the rights and legitimate interests of minors, persons with physical defects, mental, if no one claims, the Procurator has the right to prosecute the case and are responsible for providing evidence.
Chapter 4: PARTICIPANTS in the PROCEEDINGS Article 19 1-participants in administrative proceedings including the litigants, the representative authorized by the litigants, who protected the legitimate rights and interests of litigants, witnesses, the examiner, translator.
2-is the individual litigants themselves or may authorize in writing another person to make the right, the obligation of his proceedings in the course of the case.
3-Privy is done right, legal obligations through representative proceedings at law or under the authorization.
Article 20 1-the petitioner has the right to withdraw part or all of the contents in a lawsuit. The party sued to have the right to modify or cancel the administrative decision, the remedy of administrative acts were, have the right to claim against the request of the petitioner or proposed requirements are related to the request of the petitioner. People have rights, obligations in relation can have the required independence or to join with other litigants proceeding.
2-The litigants have the right to: a) given evidence, documents; be read, copied and viewed the documentary evidence provided by other litigants;
b) requires courts to apply provisional measures;
c) participate in the trial;
d) require a change of judges, jurors, the Prosecutor, the clerk of courts, the examiner, the translator if there are reasons stipulated in articles 16 and 27 of this Ordinance;
DD) agreed with each other about the case, if that agreement is not contrary to law;
e) argue at the trial;
g) to appeal the verdict, the decision of the Court;
h) requires that people have the right to protest the verdict, the decision of the Court of Cassation, in order a retrial.
3-The litigants are obliged: a) provide adequate, timely documents, relevant evidence at the request of the Court;
b) available according to the summons of the Court;
c) accepted the rules of the trial.
Article 21 1-litigants from 18 years of age have the right to make his own rights, obligations of litigants in administrative proceedings.
2-litigants are juveniles, the downside mental physical or done right, obligation of litigants in the proceedings through representatives.
Article 22 1-litigants may authorize any person representing himself to join the proceedings, except for the following people not involved in the proceedings as the representative authorized by the litigant: a) stateless Vietnam, non-residents in Vietnam, except where the law has different rules for foreign nationals litigants , who do not have citizenship or who resided in Vietnam;
b) eighteen years of age;
c) mentally ill;
d) were prosecuted on criminal or convicted, but not yet deleted;
court officers), Procurator;
e) examiner, translator, who testified in the case;
g) relatives with judges, jurors, court clerk, Prosecutor are involved in resolving.
2-only authorized People are done right, the obligation of litigants in proceedings authorized range.
3-The authoritative proceedings must be made in writing and be legally authenticated.
Article 23 1-litigant himself or ask a lawyer or other person to protect the legitimate rights and interests.
2-person can protect the rights and legitimate interests for many litigants in the same case, if the rights of those that are not in opposition to each other.
3-The protection of the legitimate rights and interests of litigants have the right to: a) to participate in the proceedings from the petitioner;
b) suggested to change the judge, jurors, the Prosecutor, the clerk of courts, the examiner, the interpreter as defined in articles 16 and 27 of this Ordinance;
c) provide documentary evidence, the proposed requirements, read the case file, copy the necessary points in the case file, join the trial.
4-The protection of the legitimate rights and interests of litigants are obliged to use the litigation rights prescribed by law to contribute to clarify the facts of the case.
Article 24 1-People know the details concerning administrative cases could themselves or be the courts, Procuracy summoned to testify.
2-Person witness must be present according to the summons of the Court, the Procurator; the obligation of presenting honest all of what we know about the case and are responsible for the lyrics of his presentation.
3-the person who asked the Court to summon witnesses to an advance payment of costs for witnesses. The lost expenses for witnesses, if the witness has implications for the settlement of the case. If the witness has no significance for the case, then the person asked to summon witnesses must bear the costs for witnesses.
Article 25 1-When necessary, courts, Procuracy itself or at the request of the litigants on judge. The examiner must be present according to the summons of the Court, procurator.
2-the examiner has the right to learn the materials of the case related to object to the assessment.
The examiner has the obligation to assess objectively, honestly the subject was asked to judge.
3-The examiner or referendum request the Court, Procurator himself referendum expertise to advance the cost of the assessment. The ladies event must bear the costs of the assessment, if the assessment results mean for the resolution of the case; If the results don't mean assessment for resolving the referendum requirements assessment, the courts, the Procurator himself referendum examiner must bear the costs of the assessment.
Article 26 1-in the case of participants in the proceedings cannot be used, the responsible Court of Vietnamese people.
2-translator must be present according to the summons of the court interpreter and honest.
3-People bring to bear the costs of translation.
Article 27 the examiner, the translator must refuse to participate in the proceedings or altered, if base is defined at the point a, e and g of paragraph 1 of article 16 of this Ordinance. The change of the examiner, the translator before opening the trial court decision by the Chief Justice; at the trial because the trial decision after listening to the opinions of the people being asked to change.
Article 28 1-if the litigant is dead right that individual, that person's obligation is inherited, then the heir to be joined in the proceedings.
2-If the litigant is merged entity, Division, dissolution, the successor entity, personal rights, obligations of the old legal rights, obligations of legal proceedings.
3-The right to inheritance, the obligation of the proceedings can be accepted in any Court of any stage in the process of resolving administrative.
Chapter 5: COURT FEES Article 29 1-the petitioner must submit advance payment of court fees, except with an advance payment of court fees. Procuracy prosecuted the case the Administration is not an advance payment of court fees at first instance.
2-Person appeals by appellate procedures must advance the appellate court fees, except where exempted an advance payment of court fees. Procurator protest under procedure of appeal is not an advance payment of court fees.
3-The litigants should bear court fees depending on the extent of their errors in relation to the law which the Court resolved, unless waived court fees.

4-the Government, in coordination with the Supreme People's Court regulations on court fees.
Chapter 6: SUE, the CASE-30 1 Thing the petitioner must request the competent court to resolve the case of administration within thirty days from the date of receipt of the reply or the State Agency has the administrative decision or administrative acts on the resolution of the complaint.
2-in the case of objective obstacles so that no claims are within the time limit specified in paragraph 1 of this article, the time being objective obstacles not counted in time.
3-claim to have the following content: a) the day, month and year of application;
b) courts are required in resolving politically;
c) the name, address of the petitioner, the party being sued;
d) the content of administrative decision or a summary of administrative acts;
DD) the text content of the answer or the State authorities about resolving complaints against administrative decisions, administrative acts for which the petitioner for is contrary to law;
e) enjoyed did not appeal to the direct superior of State authorities, who have administrative decisions or administrative acts;
g) proposed requests the Court to resolve.
4-claim by the petitioner or representative of the petitioner. Attached to the lawsuit to have the documents required for proof of the petitioner.
Article 31 the Court returned the petition in the following cases: 1-the petitioner had no right to sue;
2-time out without good reason;
3-do not yet have answers of the people or the State Agency has the administrative decision or administrative acts on the resolution of the complaint;
4 – had decided to solve the complaint according to the administrative procedure prescribed by law;
5-the incident was resolved by the judgment or the decision has force of law courts;
6-The is Sue is not in the jurisdiction of the Court.
Article 32 1-if the Court deems the case of his authority, shall notify the petitioner knew to them an advance payment of court fees. Within seven days from the date of filing, the petitioner must file the advance payment of court fees, except where exempted an advance payment of court fees.
2-the court case on the plaintiff to present receipts an advance payment of court fees. In the case of the petitioner be free of an advance payment of court fees, the court case on the date of the claim.
Article 33 1-after the court case, litigants have the right to petition the Court to make the decision to apply provisional measures to protect the interests of litigants, secured the executed projects; litigants must be responsible before the law for his request, if there is an error in the damage to compensate.
2-in the course of the case, the Court itself or at the request in writing of the Prosecutor may decide to apply provisional measures and must take responsibility for that decision. If due to the application of provisional measures is unlawful which cause damage, they must compensate.
The application of provisional measures can be conducted at any stage in the process of settling the case.
3-requires applying provisional measures must be reviewed by the courts within three days from the date of the request; If there is enough legal base and deems it necessary to accept the request, the Court now decided to apply preventive measures allow temporary emergency.
4-in the decision to apply provisional measures must specify the term of validity of the decision, but not so the duration of the case under the provisions of the law.
Article 34 temporary emergency measures include: 1-temporary suspension of the enforcement of administrative decisions be grievances;
2-non or forcing litigants, organizations, individuals perform certain behavior if it deems necessary for the resolution of the case or to ensure the Administration for the enforcement of the judgment.
Article 35 1-provisional measures may be modified or cancelled.
2-changing or cancellation of provisional measures before the opening of the trial by the judge assigned to the case decided; at the trial because the trial decision.
Article 36 1-decide to adopt provisional measures be enforced right away even though there are complaints or petitions.
2-The litigants have the right to appeal, the Procurator has the right recommendations to Chief Justice courts are resolving about administration decided to apply provisional measures.
Within three days of receiving complaints, Petitions, Chief Justice courts are resolving must consider and answer.
Chapter 7: PREPARING the TRIAL Article 37 1-within seven days from the date of the case, the Court must inform the parties sued and people have rights, obligations relating to know singles event.
Within a period of fifteen days from the date of the notice, the party sued and people have rights, obligations relating to send their comments to the Court in writing of the claim and other documents relevant to the resolution of the case; This time limit runs out without getting your comments in writing to the Court continued the case according to the General procedure.
2-within a period of sixty days from the date of the case, the judge is assigned master set the trial to one of the following decisions: a) bringing the case to trial;
b) temporarily suspend the resolution of the case;
c) suspended the settlement of the case.
For complex cases, time not exceeding ninety days.
3-within twenty days from the date of a decision bringing the case to trial, the courts must open the trial; in case there are legitimate reasons, that time limit not to exceed thirty days.
4-as soon as the decision to bring the case to trial, the Court must send the case file to the Procuratorate at the same level of research within a period of fifteen days, if the Procurator participated in the trial of first instance.
Article 38 1-in the preparatory phase of the trial, if it deems necessary, the Court may order or mandated for other courts conducted to verify, collect evidence to clarify the details of the case. The courts are mandated to have the task done right entrustment and notice of results for the courts have mandated.
2-the verification and collection of evidence, including: a) require litigants to provide additional evidence, or the presentation of the issues necessary;
b) requires State agencies, institutions, individual owners provide meaningful evidence for the settlement of the case;
c) asking the witness presented the issues necessary;
d) verified on the spot;
DD) referendum and conduct a number of other necessary measures.
Article 39 the decision to take the case to trial to have the following content: 1-day, month, year, location, open the trial;
2-The hearing was conducted in public or closed hearing with the presence or absence of the litigants and participants in the proceedings;
3-the name of litigant, the participants in the proceedings;
4-content of the petitioner;
5-They, the name of the judge, jurors, the clerk of the trial; they, the name of the Prosecutor if the Prosecutor Institutes participate in the trial.
Article 40 1-the Court decided to temporarily suspend the resolution of the case in the following cases: a) is the individual litigants have died, France has dissolved without having legal personality, individual inheritance rights, the obligation of the proceedings;
b) expiry Were preparing for trial that one of the litigants could not be there for good reason, except maybe a trial absent the litigants;
c) Should expect results to solve criminal cases, civil cases, economic cases, case workers, other administrative cases are related.

2-the Court continued the case when the reason for suspension is no longer in.
3-the decision to temporarily suspend the resolution of the case could be appealed, the appeal.
Article 41 1-the Court decided to suspend the resolution of the case in the following cases: a) is the individual litigants have died of their obligations, rights which are not inherited; France has dissolved without legal heirs, personal rights, the obligation of the proceedings;
b) plaintiff withdraws lawsuit;
c) plaintiff was duly summoned to the second that is still absent without good reason;
d) time limit expired before suing the courts accepting the petition;
DD) The work has been addressed by the judgment or the decision has force of law courts or other competent authorities;
e) not in the jurisdiction of the Court.
2-decided to suspend the resolution of the case could be appealed, the appeal, except in cases specified in point b of paragraph 1 of this article.
Article 42 when the decisions provided for in articles 39, 40 and 41 of this Ordinance, the Court must immediately send the decision to the Procuratorate at the same level, the litigants, who protected the legitimate rights and interests of litigants.
Chapter 8: the TRIAL of FIRST INSTANCE Article 43 1-the trial of first instance was conducted in the presence of the litigant or the litigant's representative. The trial of first instance can still be conducted in the absence of a party litigant when they have requested and been accepted by the courts or in the case of people being sued were summoned to the second valid which are still absent.
2-for the case where the content was clear, there was enough evidence was admitted by the parties and no request to participate in the trial, the Court shall proceed with the trial of first instance does not need the presence of the participants in the proceedings.
3-the Procurator must attend the trial at first instance or to have comments in writing in case the Procuracy to prosecute the case and in the case of juvenile persons are litigants or the downside mental or physical, for the case of grievances decided to apply the measures of administrative processing : education in communes, wards, town, put on the market brought, brought into the institution, brought in healing facility, administrative probation. As for the other case, the Prosecutor could Institute proceedings from any stage if deemed necessary.
Article 44 1-the start of the trial of first instance in the presence of the participants in the proceedings, presiding the trial read decided to bring the case to trial, check for the presence and identity of the persons to be summoned to the trial, explaining to them the rights, obligation at trial. If the person summoned that is absent, then the trial decided to postpone or continue the trial.
Presiding the trial introduction of the members of the Board hearing, the Prosecutor, the clerk of the trial, examiner, translator, witness and explain to the participants in the proceedings to know the right to ask to change the composition of trial, the Prosecutor, the clerk of the trial, examiner , translator, if comments are asks to change, then the trial review and decision.
Presiding the trial explained to the examiner, the interpretation of rights, their obligations. These people warrant round obligation.
Presiding the trial explain to witnesses about their obligations, rights. Witnesses warrant stubs. If the witness could be influenced by the testimony of others, shall preside the trial for quarantined people testify to that person before the testimony of the witnesses.
Presiding the trial asked the litigant or the litigant's representative, the Prosecutor, the person protects the legitimate rights and interests of litigants about providing more evidence or requests to summon more witnesses; If requested, the trial review and decision.
2-for the trial of first instance was conducted does not need the presence of the participants in the proceedings, then after listening to preside the trial summary of the incident, the Board of review to review the documentation in the case file and after hearing Institute representative sạt presented the opinion or after the publication of the opinion in writing of the Prosecutor of the the case (if any), the Board of review discussion and deliberation.
Article 45 the trial adjourned the trial in the following cases: 1-the absence of the Prosecutor or the opinion written by the Procurator in case the Procuracy must attend the trial or to have comments in writing;
2-the petitioner, the party being sued, people have rights, obligations relating to independent request or their representative is absent the first have justifiable reasons for the trial of first instance was conducted in the presence of the participants in the proceedings;
3-member of the Board of review, the Prosecutor, the clerk of the trial, examiner, an interpreter is changed so that there is no alternative right now.
Article 46 1-the Board of review determines the full details of the case by listening to the comments of the petitioner, the party being sued, people have rights, obligations or the representative of the litigants, who protected the legitimate rights and interests of litigants, witnesses, the examiner This opinion, with documentation and evidence was collected.
2-when the interrogation, trial to ask first, then to the Procurator, who protected the legitimate rights and interests of litigants. The participants in proceedings have the right to propose to the Board of review the issues that need to be asked more.
Article 47 after the trial ended the questioning, the litigant or the litigant's representative, who protected the legitimate rights and interests of litigants, participated in the debate; Prosecutor joined the trial presented comments on the resolution of the case.
Article 48 In the trial, if there is one in the cases prescribed in article 40 of this Ordinance, the Board of review a decision to temporarily suspend the resolution of the case; If any one of the circumstances specified in article 41 of this Ordinance, then the decision to suspend the case.
Article 49 1-The decision of the Board of review must be the members discussed and decided by majority. When deliberation must record the comments were discussed and decided by the Board of review.
2-the judgment must have the following major contents: a) the day, month, year, location to conduct the trial;
b) Them, the names of members of trial, the Prosecutor, the clerk of the trial;
c) the name, address of the litigants, their representative;
d) requested by litigants;
DD) details has been proven, the evidence, the legal base to solve the case;
e) the decisions of the courts;
g) court fees, people should bear court fees;
h) Right of appeal.
3-preside the trial announced full text judgments and explained to the litigant to know the right to appeal and the obligation to accept the sentence.
Article 50 1-court decisions to solve the problems arising in the process of resolving administrative.
2-before opening the trial, the judge assigned to the case have the right decision; at the trial, the decision made by the Board of review.
3-content decisions include: a) the Court of the case;
b Day, month, year) of the decision;
c) the name, address of the litigants and participants in the proceedings;
d) requested by litigants or the reason for the decision;
DD) law to base decisions;
e) specific decisions;
g) appeal rights of litigants.
Article 51

The courts are not corrected, supplemented the judgment, the decision has, unless there are obvious errors of calculation or data about spelling, but must immediately notify litigants, Procuracy, other organizations, individuals have rights, obligations are concerned.
Article 52 1-facts of the trial must be clearly reflected in the minutes of the trial. Presiding the trial examined the minutes of the trial and the trial clerk to sign the minutes.
2-within three days from the pronouncement of the judgment day, the litigants, the representative or the protection of the rights and interests of litigants, are watching the minutes of the trial, have the right to request repairs, additions thereon. Preside the trial, the clerk of the trial and who have the required sign verified the repair thing, added. If the repair request, additional minutes of the trial are not accepted, then the request has permission to write their comments in writing for inclusion in the case file.
Article 53 shortly after the trial ended, the litigants are court judgments or excerpts of decision about the case. The latest is seven days from the date of judgment, decision, the Court must give litigants a copy of the judgment or the decision according to their requirements, at the same time send to the Procuratorate at the same level.
Article 54 The violation of the order of the trial, as the case may be, presiding the trial warned, fined, forced to leave the courtroom or arrested.
The people police have a duty to protect the trial and execution of the order by the presiding trial about forcing the trial order violators to leave the courtroom or to arrest violators.
Chapter 9: the APPELLATE PROCEDURE Article 55 1-litigant or the litigant's representative has the right to appeal, the Procurator at the same level or on a level have the right to appeal the verdict, the decision to temporarily suspend or discontinue the resolving of the Court of first instance to the Court of requests on an appellate level , except as prescribed in clause 2 Article 41 of this Ordinance.
2-The appeal must make an appeal; Procuracy protested in writing. In an appeal, the appeal must specify: a the content of the decision section) the verdict, the decision of the Court of first instance was appealed, the appeal;
b) reasons of appeal or protest;
c) request of the appellant, the appeal.
Article 56 1-the time limit for appeal is ten days from the date of the Court judgement or decision; If the equivalent of the absence at trial, then the deadline from the date a copy of the judgment, the decision is delivered to them, their relatives or to be listed in the Commission headquarters town, Ward, the town where they reside or where the headquarters is, if litigants is legal.
2-the time limit for appeal of the Procuratorate at the same level as ten days, of the Institute of the superior prosecutor is twenty days from the date of the Court judgement or decision. If the Prosecutor does not participate in the trial, the appeal period is calculated from the day the Procuratorate at the same level receive a copy of the verdict, the decision of the Court.
3-in the case by the objective obstacles, which cannot be appealed, the appeal was within the time limit specified in the paragraph 1 and 2 of this Article, the time being objective obstacle does not count on the time limit for appeal or protest.
4-the appeal, the appeal was sent to the Court of first instance has to solve the case. Within seven days from the receipt of the appeal, the appeal or from the date of the present appeal receipts advance appellate court fees, if the person is to be paid that amount of money, the Court of first instance must send appeals and protests accompanied the entire case file to the Court of appeal.
Article 57 1-when sending the appeal or protest accompanied the entire case file to the Court of appeal, the Court of first instance must announce the appeal to the Procuratorate at the same level, and litigants who have rights, obligations relating to the appeal, the Procurator must send a copy of a protest for litigants and has obligations related to the protest.
2-litigants and people have rights, obligations relating to the appeal, the appeal must be sent to the Court of appeal of his opinions about the appeal, the appeal within seven days from the receipt of this notice.
Article 58 1-before or at trial, the appellant appeals, Procurator protest has the right to withdraw part or all of the contents of the appeal, the appeal.
2-the Court decision to suspend the appellate case in case the appeal to withdraw the entire appeals court, Procuracy withdrew the whole protest.
Article 59 1-before trial or in appellate court, appellants, Procurator protest, people have rights, obligations relating to the appeal, protest, who protected the legitimate rights and interests of litigants have the right to additional new evidence.
2-the Court of Appeal itself or at the request of the litigants proceeding or other Tribunal mandated to conduct verification of the new evidence was added.
Article 60 1-the Court of Appeal reviewed the content of the appeal, the appeal and the judgment, the decision is related to the content of the appeal or protest.
2-within a period of sixty days from the date of the application by the Court of first instance, courts of appeal are appellate trial; in case there are more complex, then the time limit that was not too ninety days.
Article 61 the Council appeals not to open the trial, not summoned the litigants in the following cases: 1-appeal, protest overdue;
2-appeal, protest about the court fees;
3-appeal, appeal the decision of the Court of first instance.
Article 62 before the appellate court, has the right to apply provisional measures, temporary suspension or suspension of the case under the provisions of this Ordinance.
Article 63 1-Procurator at the same level to participate in the appellate or must have the written comments with respect to the case prescribed in clause 3 of this Ordinance and 43 Things in case the Procuracy protested; for other cases, the Prosecutor participated in the appellate trial when deemed necessary. If the Procuratorate participated in the trial, the Court shall transfer the case file to the Prosecutor's Research Institute within ten days.
2-the appellant, whose rights, obligations relating to the appeal, the appeal was summoned to join the trial.
3-the courts just summon the examiner, translator, witnesses when required by litigants and when necessary for the resolution of the appeal or protest.
4-If the Prosecutor must attend the trial or have asked to join the trial where absent or yet the opinion in writing of the Prosecutor, the trial adjourned the trial. If the persons specified in paragraphs 2 and 3 of this article which is absent, the Court can still proceed to trial.
5-for the case when the trial of first instance does not need the presence of the participants in the proceedings or had asked the appellate court to conduct the trial of appeal does not need the presence of the participants in the proceedings.
Article 64 1-appellate trial is conducted according to the procedure as the trial of first instance. Before considering the appeal, protest, a member of the Board of review presents the content of the case, the decision of a Court of first instance and appeal, protest contents.
2-the Court of appeal has the right to: a) Doctor to appeal, protest and hold the decision of the first instance decision, judgment;
b) page a part or the entire portion of the decision of the first instance decision, judgment;
c) Quash the judgment of the first instance decision, and forward the case file to the Court of first instance hearing in case of serious violation of the proceedings or the verification, collecting evidence is incomplete that the Court of appeal could not be;

d) temporarily suspended the case when one of the cases specified in article 40 of this Ordinance;
DD) to cancel the judgment of the first instance decision and suspend the case when one of the cases specified in article 41 of this Ordinance.
3-the verdict, the decision of first instance been modified in part or in whole if: a) unlawful content, does not fit the profile of the case;
b) that new evidence shows that the judgment of the first instance decision contrary to law, not true to the facts of the case.
Article 65 1-in addition to the contents specified in articles 49 and 50 of this Ordinance, in the judgment of the appellate decision must specify the section to decide of judgment, the decision being appealed or protested, the contents of the appeal, the appeal and the decision of the Court of appeal.
2-a copy of the judgment, the appellate decision must be sent to the litigants and the people have rights, obligations relating to the appeal, the appeal within fifteen days from the date of the judgment or decision.
Article 66 1-When the appellate decision of the Court of first instance was appealed, the appeal, the Court does not have to open the trial, not summoned the litigants, unless needed to listen to their opinions before making a decision.
2-the Court of appeal must decide to resolve the appeal or protest within fifteen days from the date of receiving the appeal, the appeal.
3-When reviewing the decision of the Court of first instance was appealed, the appeal, the Court of appeal has the powers specified in article 64 of this Ordinance.
Chapter 10: the PROCEDURE of CASSATION, RETRIAL Article 67 1-judgment, the decision of the Court has in effect been law protest under procedure of Cassation when one of the following bases: a) serious infringement proceedings;
b) part of the judgment, decided not to match the details of the case;
c) there are serious mistakes in the application of the law.
2-the verdict, the decision of the Court has in effect been law protest under retrial procedure when one of the following bases: a) new discovery was the important details of the case that the litigants could not know when the case;
b) have identified the testimony of witnesses, the conclusions of the examiner, his translation of the translator obviously not true or have falsified evidence;
c) judges, jurors, Prosecutor, court Secretary deliberately falsify the case file;
d) judgments, court decisions or decisions of the organs of the State in which the Court relied on it to resolve the case was abandoned.
Article 68 1-Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate have the right to protest under procedure of Cassation or under procedure of a retrial verdict, the decision has force of law courts.
2-the Deputy Chief Justice of the Supreme People's Court, Deputy Director of the Supreme People's Procuratorate have the right to protest under procedure of Cassation judgement, decided to have the legal effect of the local people's Court.
3-Chief Justice of the provincial court, the Minister provincial prosecutor have the right to protest under procedure of Cassation or under procedure of a retrial verdict, the decision has force of law the Court district.
Article 69 1-the time limit for appeal under the procedure of Cassation is six months, under procedure of a retrial is one year from the date of the judgment, the decision of the courts of law.
2-the appeal must be submitted to the Court judgment, the decision being appealed, the Court will trial of Cassation, retrial, and litigants who have rights, obligations relating to the content of the appeal. The Court must send the attached appeal case to the Procuratorate at the same level to study within a period of fifteen days.
3-In the appeal must specify the base appeal. Before the opening of the trial or at the trial, the appeal has the right to withdraw the protest.
4-Person protest has the right to postpone or temporarily suspend the enforcement of the judgment, the decision has force of law being protested.
Article 70 1-Council for cassation, a retrial only has the right to review the content of the case related to the decision being appealed.
2-judge Committee of the Court of Cassation, the retrial of the case that the judgment, the decision has force of law are court district were protesting.
3-Administrative Tribunal of the Supreme People's Court of Cassation, the retrial of the case that the judgment, the decision has force of law the provincial court were protesting.
4-judge Committee of the Supreme People's Court of Cassation, the retrial of the case that the judgment, the decision has force of law to the Court of appeal, the Administrative Court of the Supreme People's Court were protesting.
5-the Council of judges of the Supreme People's Court of Cassation, the retrial of the case that the decision of the judge Committee of the Supreme People's Court were protesting.
6-In the time limit of one month from the date of receiving the case file, the Court had to open the trial, retrial.
Article 71 1-the Court of Cassation, the retrial was not summoned and litigants who have rights, obligations relating to the appeal, unless the Court finds the need to listen to their opinions before making a decision.
2-at the trial, a member of the Board of review presents the content of the case, the content of the appeal. In the case the Court has summoned the participants in the proceedings, it was expected before the Prosecutor presented comments on the resolution of the case. Trial discussion and decision-making.
Article 72 the trial of Cassation, retrial have the right: 1-protest and keep the verdict, the decision has force of law;
2-modify a part or the whole of the judgment, the decision has force of law being protested;
3-to cancel the verdict, the decision has force of law to the trial of first instance or appeal;
4-to cancel the verdict, the decision has force of law and the suspension of the case as defined in article 41 of this Ordinance.
Chapter 11: the TERMS of the IMPLEMENTATION of Article 73 of the regulation of this Ordinance also apply to the resolution of the case, the Administration is individual, legal person, except in cases of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 74 1-unity Government Administration on work projects administration enforcement within the country.
2-individuals, organizations, State agencies are obliged to obey the judgment, the decision of the Court must strictly observance. The heads of State bodies directly responsible for superior tracking, monitoring the enforcement of administrative judgments; in case of need has the right to Executive forced the decision of the Court on the case. Who would the lack of accountability in the enforcement of administrative judgments or deliberately fail the verdict, the decision of the Court on the case, then according to the nature and extent of the violation may be disciplined or prejudice criminal liability.
3-The decision on the part of the property, property rights in the verdict, the decision of the Court on the case administratively enforceable by civil enforcement Ordinance.
Article 75 of this Ordinance has effect from 1 July 1996.
The previous provisions contrary to this Ordinance are repealed.
Article 76 the Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of his functions guiding the implementation of this Ordinance.
Hanoi, May 21, 1996