CIRCULAR guiding the implementation of some provisions of the code of civil procedure regarding the Prosecutor obeys the law of civil procedure and the participation of the people's Procuracy in settling the civil case To the correct and uniform enforcement of some provisions of the code of civil procedure (hereinafter abbreviated as CPC) about the Prosecutor to comply with According to the law of civil procedure and the participation of the people's Procuracy in solving civil cases (including the civil service, marriage and family, business, trade, and labor), ensuring good relationship between people's Procuratorate and people's Court; The Supreme People's Procuratorate and the Supreme People's Court passed a score as follows: i. ABOUT GENERAL ISSUES 1. Notification of civil case 1.1. Within three working days from the date of acceptance, the Court notified in writing to the Procuratorate at the same level on the court case. In the case of accepting many civil cases, the Court can announce in a text about the civil case in which the Court was accepting. Written notice must be fully the provisions of paragraph 2 to article 174 CPC.
1.2. after accepting civil, if it deems that no civil case in its jurisdiction, the Court has a civil case the decision to transfer the records to the competent tribunals as defined in clause 1 Article 37 CPC sends immediately decided to move the civil case records for the Procuratorate at the same level know.
2. Move the civil case 2.1 profile. Civil case records transferred to the Procuratorate at the same level to participate in the trial, the Court of session to transfer the civil case records for the Procuratorate at the same level in the case of Procurator must participate in the trial, as required by the CPC session, except in the following cases :-Procurator at the same level with the Court of appeal has appellate protest;
-Procurator at the same level with the competent court of Cassation, the retrial was the protest under procedure of Cassation or under procedure of a retrial.
The civil case records transfer are as follows: a) In Procurator case involved the trial of first instance as defined in clause 2 article 21 CPC and be instructed in section 1 of part II of this circular, the Court of first instance in civil case file sent along with the decision to take the case to trial for the Procuratorate immediately after the Court out the decision to bring the case to trial. Within a period of fifteen days from the date of the record, the Procurator must study and returned to the Court as defined in clause 2 Article 195 CPC.
b) In Procurator case involved appellate prescribed in clause 2 Article 264 CPC and instructions in section 2 of part II of this circular, the Court of appeal sent the case file, together with the decision to put the civil case on trial for the Procuratorate immediately after the Court decision to take the case to trial. Within a period of fifteen days from the receipt of the case file, the Procurator must study and returned to the Court as defined in clause 2 Article 262 CPC.
c) in the case of Procuratorate attend the trial session, Cassation, civil case retrial, the Court send the case with civil appeals decision for the Procuratorate immediately after the Court of Appeals decision. Within a period of fifteen days from the date of the record, the Procurator must return the record to the competent courts of Cassation, retrial as defined in paragraph 2 and article 310 290 CPC Thing.
d) in the case of Procuratorate participated in the session of first instance, appeal to resolve civil matters, the courts send civil records along with the decision to open the session for the Procuratorate immediately after the Court decision opens the session. Within seven days from the date of the record, the Procurator must return the record to the Court to open the session as defined in paragraph 1 to article 313 CPC.
DD) in the case of Procuratorate attend meetings for the appeals decided to temporarily suspend the decision settling civil cases of the Court of first instance was appealed, the appeal, the Court of appeal sent the case file, together with the decision to open the session for the Procuratorate immediately after the Court decision opens the session. Within a period of fifteen days from the receipt of the case file, the Procurator must return the record to the Court to open the session.
2.2. transfer of civil case records for the Prosecutor to consider appeals by appellate procedure a) after receiving the verdict, the decision of the Court is not yet in force legislation which Procuratorate at the same level (in case the Procuracy do not participate in the trial at first instance civil cases) or the Procurator supervisor deems necessary to research the profile service civil matters to consider protest appeal, the Procurator has the text requires the Court to transfer the records to the Procuracy.
b) Shortly after receiving a request of the Prosecutor, the Court transferred the case file civil for the Procuracy has the required text.
c) the slowest is immediately after the expiry of the appeal of appeal stipulated in article 252 and item 2 Article 317 CPC, the Procurator must pay civil case records for court adjudication or settlement of first instance together with the Appeals decision (if the Procurator protest).
2.3. transfer of civil case records for the Prosecutor to consider protest under procedure of Cassation or under procedure of a retrial a) When the Prosecutor deems necessary Institute to research the civil case records for review, the Chief Procurator Institute report the protest under procedure of Cassation or under procedure of a retrial , the Procurator has the text requires the Court issued the verdict, the decision of law transferred civil case records that the Prosecutor for the Institute.
b) within seven days from the date of receiving the written request to transfer records, the Court transferred the records to the Procuracy has the required text.
c) within a period of three months from the date of receiving the civil case records, if the Procurator not protest under procedure of Cassation or under procedure of a retrial, the Procurator must move to return the record to the Court issued the verdict, the decision has the effect of law. If the Procurator have the appeal cassation appeal or retrial, the Procurator in civil case records transfer along with the decision to appeal to the competent courts of Cassation or retrial as defined in article 290 310 and CPC.
d) in case the Procuracy and the Court have the text requires the Court issued the verdict, the decision of law transferred civil case records to consider protest under procedure of Cassation or under procedure of a retrial, the Court transferred the civil case records to the previous request text and notification in writing to the the other agencies know about moved that profile.
Within a period of three months from the date of receiving the records if the Agency was receiving civil without protest, then notify the Agency had requested that no known records. If the body that still has suggested transferring the civil case records to study, the Agency had received the records without an appeal to transfer records to the Agency had requested the transfer of records that have not yet been received.
In the case of bodies not yet receiving no more records move proposal, the Agency received transferred civil case records for the Court had sent the records yourself.
2.4. The procedure of civil case records

a) all documents available in the civil case records must be numbered and contains a list of documents. Before transferring the records from the courts to the Procurator or vice versa, need to check the full document in civil case records. People receiving civil to collate a list of documents with the document have been numbered in the profile service. The delivery must be founded thereon, are two sides of the newsletter. In case the submitted documents with the post, the officer receiving the first to check out the full documentation included in the profile, if discovered in the records lacking any document they must establish clearly the lack of documentation thereon and immediately notify the sending agency records said.
b) records, documents, physical evidence that litigants, individuals, agencies and organizations provide Procuracy at the request of the Procurator as defined in paragraph 3 Article 85 CPC must be moved for the Court to put on the record the incident and preserving in tribunals as defined in clause 1 Article 95 CPC. Profile forwarding procedures are performed according to the instructions at point a subsection 2.4 section 2 of part I of this circular.
3. The Prosecutor informed participants of the trial, and change the session Prosecutor 3.1. Notice the Prosecutor participated in the trial, the session for the instances Procurator must attend the trial session, civil, then Minister prosecutor assigned Prosecutor participated in the trial, the session. In the case of the civil case has complicated details, the trial could have lasted several days and deems it necessary, the Minister can prosecutor assigned Prosecutor membership. Procuracy sends the notice in writing of the Prosecutor, the Prosecutor membership (if any) for the Court. In the written notice must clearly, the name of the Prosecutor and the Prosecutor membership (if any) was assigned Director of the trial, the session.
3.2. Notice of changes to the Prosecutor of the trial participants, the session a) after notification to the Court know the assigned Prosecutor, Prosecutor membership (if any) to join the trial, session, if the Prosecutor changes, the procurator notice in writing to the Court said. In the message text full of names, they replaced.
b) before opening the trial, session, if the courts get the petition to change the Prosecutor, the Court shifted right to that claim for the Minister competent prosecutor review the decision as defined in clause 1 Article 51 CPC. Within three working days from the date of receiving the petition to change the Prosecutor, the Prosecutor must Institute announced in writing to the Court said the change or not change that Prosecutor. If changed, the Procuracy informed them, the name of the Prosecutor instead.
c) If at the trial, the trial decision changed the Prosecutor according to the provisions in clause 2 Article 51 CPC and be instructed in item 4 of part II of resolution No. 12/2005/hdtp on 31/3/2005 of the Council of judges of the Supreme People's Court passed a number of regulations in the first section "general rules" of the CPC , the Court shall immediately send the decision to the Minister the Prosecutor has jurisdiction as defined in clause 2 Article 51 CPC.
Within three working days from the date of receiving the decision of the Board of review, the Minister competent prosecutor decided assigned another Prosecutor and notified in writing to the Court so that the Court continue to resolve civil cases under the General procedure.
d) in session to resolve civil matters in the case by a three-judge collective resolve or at the session of appeal against the decision to temporarily suspend the decision to suspend the civil case of the Court of first instance were to appeal, protest, then changing the Prosecutor be made according to the instructions in point c subsection 3.2 item 3 of part I of this circular.
DD) session cases settle civil just because a judge settle, if in session have demanded change and Prosecutor deems the request is grounded, then the judges decision to postpone the session and moved change requests for Minister Prosecutor Prosecutor had jurisdiction to review the decision as defined in clause 2 Article 51 CPC. Changing the Prosecutor in this case was done according to the instructions in point b subsection 3.2 item 3 of part I of this circular.
4. Postponement of the trial, the session due to the absence of the Prosecutor 4.1. For the case of Procuratorate participated in the trial, civil sessions according to regulations of the CPC and the guidance of this circular, the Prosecutor was assigned responsibility to participate in the trial, the session.
4.2. The Court postponed the trial session, no Prosecutor in the case Prosecutor was assigned may not participate in the trial, marred by the session impartially which procuratorate has not elected to be a different Prosecutor replaced, or at the trial, the session prosecutor assigned could not continue to participate in the trial , the session was and no Prosecutor membership to replace immediately.
The Court must immediately notify the adjournment of the trial, the session for the Minister the Prosecutor the same level know.
5. The right to protest under the appellate procedure as defined in Article 44, paragraph 1 DD 250 and article 316, the CPC Minister Prosecutor the same level and the upper level directly have the right to protest under procedure of appeal against the verdict, the decision of the Court of first instance is not yet in force law. However, for civil cases by the people's courts of provinces and cities under central Government resolved under the procedure of first instance, the Director or Deputy Director of the Institute to practice civil rights prosecutor and Prosecutor of appeals was Director the Supreme People's Procuratorate authorized protest under procedure of appeal against the judgment the decision of the Court of first instance is not yet in force law.
6. Responsibility of the Procuracy of the court case to prosecute criminal cases.
6.1. Transferring the decision to prosecute criminal cases for prosecution.
In the case of the tribunals to prosecute criminal cases when the grounds prescribed in clause 1 Article 385 and paragraph 3 Article 387 CPC shall within ten days from the date of the decision to prosecute, the Court must be based on the provisions of the criminal code and the code of criminal procedure to transfer the decision to prosecute the case and documents evidence to prove the offence for the Procurator has the competence to solve criminal cases. Case of need documents for procurator that the original document is stored in the case file, the Court shall send a copy of that document (stamped confirmation of the Court) to the Procuracy.
6.2. Responsibility of the Procuracy.
Procurator must consider the prosecution, the prosecution accused within criminal proceedings by the law regulations; If the Prosecutor decides not to Institute prosecution, the prosecution accused the procurator notice in writing, stating the reason of the failure to prosecute, indicted accused to the Court was the decision to prosecute the case known as prescribed in clause 2 Article 388 CPC.
II. ABOUT The PROCURATORATE To JOIN The TRIAL, SESSION 1. Procuracy join trial prescribed in item 2 CPC article 21, with regard to the civil case because the Court collected evidence that litigants have complaints about the collection of evidence that of the courts, the Procurator must attend the trial at first instance.
1.1. The civil case litigant has a complaint regarding the collection of evidence by the Court include: a) The case because the Court of collecting evidence as specified in paragraph 2 to article 85 CPC;

b) The case is not in the case prescribed in clause 2 Article 85 CPC, but the Court itself conduct one or some of the measures taken to collect evidence under the provisions of paragraph 1 to article 87, paragraph 1 Article 88 and Article 92 paragraph 1 point b CPC.
1.2. the complaints of litigants regarding the collection of evidence by the Court of Appeal's decision, the Court's behavior in collecting evidence that litigants have the bases for that decision or behavior that is not true to the law, including the following cases: a) In civil cases in which litigants have requested the Court to collect evidence under the provisions in paragraph 2 to article 85 CPC, but the judge does not conduct the collection of evidence at the request of the litigants and the litigants complain;
b) In civil cases in which litigants have requested the Court to collect evidence as specified in paragraph 2 to article 85 CPC, but the judge was conducting measures to collect evidence that measures do not require litigants and litigants complain;
c) In civil cases in which litigants have requested the Court to collect evidence as specified in paragraph 2 to article 85 and the CPC judge conducting measures for collecting evidence in accordance with the request of the litigants but the incomplete or improper regulation of the CPC on the conduct of the measure and the litigants complain;
d) In civil cases that litigants complain about the Court to collect evidence at the request of other litigants;
DD) In civil cases without litigants would have to request the Court to collect evidence, but the Court still conducting one or more measures to collect evidence as specified in paragraph 2 to article 85 CPC and litigants complain;
e) In civil cases that litigants complain about the Court itself collect evidence does not meet the provisions of paragraph 1 to article 87, paragraph 1 Article 88 and Article 92 paragraph 1 point b CPC.
1.3. The resolution of complaints and institute prosecution involved the trial of first instance.
a) litigants complain about the Court and collecting evidence to make a complaint. The complaint of the litigants must have the following major contents:-date, month, year written single;
-The name of the Court or Procuratorate received a complaint;
-The name and address of the complainant;
-Summary of the content;
-The specific acts, decisions of the courts in collecting evidence that litigants complain and the specific requirements;
-The document, evidence for the appeal request is based.
The case of a complaint of the litigants are not full of content on, the Procurator or the courts accepting guidance for litigants the additional amendments.
In the event the litigants do not know letters and directly to the Court or Procuratorate to the complaint, the Court or the Procurator must establish a record of the content of the complaint.
b) in the case of the courts receive complaints of litigants shall within three working days from the date of receipt of the application, the Court transfers a copy of the complaint (stamped confirmation of the Court) to the Procuratorate at the same level to Procuratorate made the Prosecutor obeys the law and consider joining the trial.
c) in the case of Procurator receives complaints of litigants shall within three working days from the date of receipt, Institute Prosecutor moved a copy of the complaint (stamped confirmation of the Procurator) for the Court to the courts to resolve under the authority and responsibility to notify in writing to the Court know about joining the trial of Procurator.
d) Procuratorate received a complaint by the litigants or by sending to the Court moved to the right on the window to receive menu. If the Procuratorate found need to ask the Court to verify, collect evidence on the basis of the complaints of litigants, the Procurator must possess the required text. The Court must proceed to verify, collect evidence according to the written request of the Procurator and reported the results in writing to the litigants and the Procuracy knows. After reviewing the results to verify, collect evidence of the courts, the procurator notice in writing to the Court know about joining the trial. In case the Procuracy had written asking the Court to verify, collect evidence on the basis of the complaints of litigants, but to the time limit for pretrial preparation of first instance according to the provisions in paragraph 3 to article 179 CPC, which Procuratorate still not received written notice of the verification results , collection of evidence by the Court, the Procurator must still participate in the trial.
DD) in the case of sựu equivalent to withdraw the complaint or after the Court has resolved that the litigants do not continue to complain about the collection of evidence by the courts any more, the Court shall notify in writing to the Procurator to Institute prosecution decided not to attend the trial. Cases of litigants continue to have a complaint, the procurator notice in writing to the Court know about joining the trial.
e) in the case of procuratorate has written notice to join the trial before the Court has decided to take the case to trial, then after the decision to take the case to trial, the Court delivered the decision bringing the case to trial and the case file to the Prosecutor's Research Institute prescribed in clause 2 Article 195 CPC.
g) in case the Procuracy has written notice to join the trial after the Court has decided to take the case to trial, the need to distinguish as follows: g. 1. Cases since the date of the written notice of the Procuracy about taking the trial came on the opening of the trial in the decision put the case on trial also on fifteen days, the Court shall transfer the case file to the Prosecutor's Research Institute prescribed in clause 2 Article 195 CPC.
g. 2. Cases since the date of the written notice of the Procuracy about taking the trial came on the opening of the trial noted in decision bringing the case to trial also from fifteen days or less, if the Procurator requested, the Court shall transfer the case file to the Prosecutor's Research Institute. Procuracy must return the record to the Court at the latest on the day before the opening of the trial.
2. Procurator join appellate.
2.1. According to the provisions in clause 2 Article 264 CPC, the Procuratorate at the same level with the Court of appeal are appellate trial in the following circumstances: a when the Procuratorate at the same level) with the Court of first instance joined the trial of first instance;
b) when the Procuratorate at the same level with the Court of first instance did not participate in the trial at first instance but there is an appeal or the superior Procuratorate directly protested the judgment at first instance.
2.2. In the case of litigants have complaints about the collection of evidence by the Court of appeal, then the transfer of complaints is done according to the instructions in points b and c of subsection 1 item 1.3 of part II of this circular. Case deems necessary to join the appellate, the procurator notice in writing to the Court of appeal said. The Court of appeal decision to take the case to trial and the case file to the Procuratorate at the same level. The absence of the Prosecutor case in appellate, trial still conduct the trial according to the General procedure.
2.3. where are the instructions in point b subsection 2.1 section 2 of part II of this circular, if before the appellate court, Procuracy withdrew his protest, the Procuratorate did not participate in the appellate trial. If after opening the appellate, new Procuracy withdrew the appeal, the Prosecutor continues to participate in the trial and statements of opinion of the prosecutor about the case under the provisions of article 234 CPC.
3. the Procuratorate participated in the trial of Cassation, retrial

As specified in paragraph 1 to article 292 Article 310 and CPC, the Procurator must attend all trial of Cassation, retrial. The transmission of the case file and the appeal decision is made according to the instructions in point c subsection 2.1 section 2 of part I of this circular.
4. The Institute participated in the session Prosecutor of first instance, appeal, Cassation, a retrial in accordance with item 2 article 21, paragraph 2, article 280 Article 311, paragraph 2 Article 313 and 318 CPC, the Procurator must participate in all the sessions of the first instance, appeal resolution; the session of appeal against the decision to temporarily suspend the decision settling civil cases of the Court of first instance was appealed, the appeal; the session of Cassation or retrial decision was in effect the law about civil.
The civil case records transfer was done according to the instructions in points c, d and DD subsection 2.1 section 2 of part I of this circular.
III. ABOUT the PROSECUTOR HANDLING the COMPLAINTS, accusations when making Prosecutor obey the law in the resolution of complaints, accusations in civil proceedings the provisions of article 404 CPC, procurator has the following rights: 1. The right to request of the Prosecutor for the Tribunal 1.1. Procuracy demanded the Court of the same level and lower level courts out writing complaints, accusations as prescribed in Chapter XXXIII CPC 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.
The courts are required to have the responsibility to implement the request of the procurator within three days from the date of the request. The complex case, need more time, the Court must have a written notice the reason for the Procuratorate to know and respond to the procurator within fifteen days from the date of the request.
1.2. 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.
The Court was asked to take the responsibility to announce the test results to the procurator within fifteen days from the date of the request. The complex cases require more time, the Court must have a written notice the reason for the Procuratorate to know and respond to the procurator within thirty days from the date of the request.
1.3. In the case of Procuratorate had asked the Court to make the measures are directed at the subsection 1.1 and 1.2 section 1 part III of this circular without the courts make or made incomplete, the Procurator has the right to ask the courts to provide records documents related to the complaint resolution, to report to the Procurator.
The courts are required to have the responsibility to implement the request of the procurator within seven days from the date of the request.
2. The right to petition of the Procurator for the courts of 2.1. Case study profiles, document is courts provide verification and see the resolution of complaints, denunciations of the Tribunal, the competent person is missing a base, not rules of law, the Procuratorate petitions with courts of the same level and lower level courts to remedy the violation of the law.
2.2. where the Procuracy has the request (as defined in section 1 of part III of this circular) or have recommendations to remedy the violation of the law (as defined in point 2.1 section 2 part III of this circular) for the Court which the Court was required, recommendations are not made or made incomplete request recommendations of the Procuracy, the Procuracy petition with the superior court.
IV. EFFECT Of CIRCULAR 1. This circular has the effect after fifteen days from the date The report.
The instructions of the Supreme People's Procuratorate, the Supreme People's Court earlier on the subject of guidance in this circular effect.
2. Apply the guidelines of this circular for the civil case has been accepting the resolution before the day this circular have effect as follows: 2.1. As for the civil case was the Court accepting the settlement and judgment, the decision of the Court of law has been in force before the day this circular has the effect, then do not apply the guidance in this circular for protest under procedure of Cassation, unless the judgment the decision of the Court was an appeal by the other bases.
2.2. for the civil case was the Court accepting the previous day had circular effect and the Court moved the case file that the Procuracy for population research, participate in the trial, but since the day this circular effect new enforcement hearing at first instance , the Procuracy just joined the trial of first instance with regard to the service of the judgment in case instructions in section 1 of part II of this circular.
2.3. for the civil case was the trial of first instance before the day this circular has the effect, that the Procuratorate did not participate in the trial at first instance, but since the day this circular effect new enforcement appeals, the Procuracy just joined for the appellate case in which case instructions in section 2 of part II of the This circular.
2.4. for the civil case was the trial of first instance before the day this circular have the effect that the procuratorate has joined the trial at first instance, but since the day this circular effect new enforcement appeals, the Procuracy join appellate should distinguish as follows : a) If the Prosecutor Institutes participate in the trial at first instance in the case prescribed in clause 2 article 21 CPC and be instructed in section 1 of part II of this circular, the Procurator must join the appellate;
b) If the Prosecutor Institutes participated in the trial of first instance not in the case prescribed in clause 2 article 21 CPC and be instructed in section 1 of part II of this circular, then not required to institute prosecution involved appellate. In case the Procuracy has announced to join the appellate court, but in the Appellate prosecutor is absent, the Court still conducting appeals judges according to the General procedure.
2.5. for civil cases of first instance trial or appeal before the day this circular has the effect, but since the day this circular effect the enforcement of that judgment, the decision has force of law was the Court of Cassation or retrial declared Cancel to trial again according to the procedure of first instance or appeal the Procuratorate, participated in the trial was conducted under the guidance of this circular.
3. in the implementation process, if there are problems that need to be explained or additional instructions, then reported to the Supreme People's Procuratorate, the Supreme People's Court to explain, additional instructions./.