Phần thứ tám Bộ luật Tố tụng dân sự 2004: Xử lý các hành vi cản trở hoạt động tố tụng dân sự; khiếu nại, tố cáo trong tố tụng dân sự

Part Eight

HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS; COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEDURES

Chapter XXXII

HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS

Article 384.- Handling measures applicable to defendants and persons with related rights and obligations

In cases where defendants or persons with related rights and obligations, who did not file independent claims, have received court subpoena for the second time but are still absent from the courts or from the court sessions without plausible reasons, they shall, on a case-by-case basis, be imposed with caution or fines by the courts.

Article 385.- Handling measures applicable to persons who commit acts of obstructing the collection and verification of evidences by procedure-conducting persons

1. Those who commit one of the following acts shall, depending on the seriousness of their violations, be imposed with caution, pecuniary fines or administrative custody by courts or subject to criminal case institution:

a) Forging or destroying important exhibits, thus obstructing the resolution of cases by courts;

b) Providing false testimonies or documents;

c) Refusing to give testimonies, declining to give expertising conclusions, or refusing to provide documents;

d) Deceiving, intimidating, buying off or using force against witnesses in order to prevent them from standing as witness or compel other persons to give false testimonies;

e) Deceiving, intimidating, buying off or using force against the expert-witnesses in order to prevent them from fulfilling their tasks or to compel them to give conclusions contrary to objective facts;

f) Deceiving, intimidating, buying off or using force against interpreters in order to prevent them from fulfilling their tasks or to compel them to give untruthful, inobjective and/or wrong translations;

g) Infringing upon the honor, dignity or prestige of procedure-conducting persons; intimidating, using force against or committing other acts of obstructing the procedure-conducting persons from applying measures to verify and collect evidences as prescribed by this Code;

h) Other violation acts prescribed by law;

2. Public security offices shall have the task to enforce courts’ decisions to hold violators in administrative custody.

Article 386.- Handling measures applicable to witnesses who are intentionally not present under courts’ subpoenas

1. In cases where witnesses have been duly summoned by courts but have deliberately declined to go to courts or to be present at court sessions without plausible reasons and their absence caused obstacles to the collection and/or verification of evidences or the adjudication of cases, the courts are entitled to issue decisions to escort them to court sessions or to impose caution or pecuniary fines.

2. Decisions on escorting witnesses must clearly state the time and places of their issuance; the full names and positions of the persons issuing the decisions; the full names, dates of birth and residence places of the witnesses, the time and places for the witnesses to be present.

3. The public security offices shall have the task to enforce the court decisions to escort witnesses. Executors of such decisions must read out and explain them to the escorted persons and make records on the escort.

Article 387.- Handling measures applicable to persons who violate the internal rules of court sessions

1. Persons who commit acts of breaking the internal rules of court sessions, can, depending on the seriousness of the violations, be imposed with caution, fines, forcible departure from court rooms or administrative custody by the presiding judges.

2. Public security offices shall have the task to protect court sessions, to enforce the presiding judges’ decisions on forcible departures from court rooms or admistrative custody against persons who cause disturbance at court sessions.

3. In cases where persons violate the internal rules of court sessions to such an extent that they must be examined for penal liability, the courts shall be entitled to institute criminal cases according to criminal legislation.

Article 388.- Responsibilities of the procuracies in cases where the courts institute criminal cases.

1. In cases where the courts institute criminal cases as stipulated in Clause 1 of Article 385 and Clause 3 of Article 387 of this Code, within ten days as from the date of issuing the institution decisions, the courts shall transfer to the competent procuracies the institution decisions and documents as well as evidences substantiating the criminal acts.

2. The procuracies must consider the case institution and the initiation of criminal proceedings against the accused within the time limit prescribed by the Criminal Procedure Code. If the procuracies decline such institution and prosecution, they must notify the courts which have issued the decisions to institute the cases thereof in writing, clearly stating the reasons therefor.

Article 389.- Handling measures applicable to individuals, agencies or organizations that fail to abide by court decisions on supply of evidences to courts

1. Individuals, agencies or organizations that fail to abide by court decisions on supply of evidences they are managing or keeping may be cautioned, fined or forced to do so under court decisions.

2. Individuals or heads of agencies or organizations specified in Clause 1 of this Article can be disciplined or examined for penal liability according to law provisions.

Article 390.- Procedures, competence for imposing penalties, fine levels

Procedures and competence for imposing penalties and fine levels for acts of obstructing civil proceedings shall be prescribed by the Standing Committee of the National Assembly.

Chapter XXXIII

COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEDURES

Article 391.- Decisions and acts in civil procedures, which may be complained about

1. Individuals agencies and organizations are entitled to complain about procedural decisions or acts of civil procedure-conducting agencies or persons when they have grounds to believe that such decisions or acts are illegal or infringe upon their legitimate rights and interests.

2. For first-instance, appellate, cassation or reopening judgments or decisions of courts or other procedural decisions issued by civil procedure-conducting persons, if being appealed, protested against, complained about or petitioned, they shall be settled not according to the provisions of this Chapter but according to the provisions of corresponding chapters of this Code.

Article 392.- Rights and obligations of complainants

1. Complainants shall have the following rights:

a) To lodge complaints by themselves or through their lawful representatives;

b) To lodge their complaints at any stage of the resolution of the cases;

c) To withdraw their complaints at any stage of the resolution of the cases;

d) To receive written replies on the acceptance of their complaints; to receive the complaint-resolving decisions;

e) To have their legitimate rights or interests restored; to receive damages as provided for by law.

2. Complainants shall have the following obligations:

a) To lodge their complaints to the right persons who are competent to settle them;

b) To give truthful presentations, to supply information and documents to persons handling the complaints; to take responsibility before law for the contents of their presentations and the supply of such information and documents;

c) To strictly abide by the complaint-resolving decisions which have taken legal effect.

Article 393.- Rights and obligations of the complained persons

1. The complained persons shall have the following rights:

a) To produce evidences of the legality of their procedural decisions or acts which are being complained about;

b) To receive decisions on the resolution of the complaints about their own procedural decisions or acts.

2. The complained persons shall have the following obligations:

a) To explain their procedural decisions or acts being complained about; provide relevant information or documents when so requested by competent agencies, organizations or individuals;

b) To strictly abide by the decisions on the resolution of the complaints, which have taken legal effect;

c) To compensate for damage or address the consequences caused by their illegal procedural decisions or acts as provided for by law.

Article 394.- Statute of limitations for lodging complaints

The statue of limitations for lodging a complaint is fifteen days as from the date the complainant receives or knows the procedural decision or the act, which he/she deems illegal.

In cases where complainants cannot exercise their right to lodge their complaints within the time limit prescribed in this Article because of force majeure events or objective obstacles, the duration in which the force majeure events or objective obstacles exist shall not be counted into the statute of limitations for complaint.

Article 395.- Competence and time limit for resolution of complaints against procurators, deputy heads or heads of procuracies

Complaints about procedural decisions or acts of procurators, or deputy heads of procuracies shall be settled by the heads of such procuracies within fifteen days as from the date of receipt of the complaints. If disagreeing with the settlement results, the complainants may lodge their complaints to the immediate superior procuracies. Within fifteen days as from the date of receiving the complaints, the immediate superior procuracies must consider and settle them. The immediate superior procuracies are competent to make final resolution.

Complaints about procedural decisions or acts of the heads of procuracies shall be settled by the immediate superior procuracies within fifteen days as from the date of receiving the complaints. The immediate superior procuracies are competent to make final resolution.

Article 396.- Competence and time limit for resolution of complaints against the court clerks, people’s jurors, judges, deputy chief judges, or chief judges

Complaints about procedural decisions or acts of court clerks, people’s jurors, judges, or deputy chief judges shall be settled by the courts’ chief judges within fifteen days as from the date of receiving the complaints; if disagreeing with the settlement results, the complainants may lodge their complaints to the immediate superior courts. Within fifteen days as from the date of receiving the complaints, the immediate superior courts must consider and settle them. The immediate superior courts are competent to make final resolution.

Complaints about procedural decisions or acts of chief judges shall be settled by the immediate superior courts within fifteen days as from the date of receiving the complaints. The immediate superior courts are competent to make final resolution.

The complaint-settling decisions of the chief judges must be sent to the complainants and the procuracies of the same level.

Article 397.- Competence and time limit for resolution of complaints against expert-witnesses

Complaints about acts in civil procedures committed by expert-witnesses shall be settled by the heads of the expertising organizations which directly manage the expert-witness within fifteen days as from the date of receiving the complaints; if disagreeing with the settlement results, the complainants may complain with the heads of the immediate superior agencies managing the expertising organizations. Within fifteen days as from the date of receiving the complaints, the heads of the immediate superior managing agencies must consider and settle them. Their decisions shall be the final ones.

Article 398.- Persons who have right to denounce

Citizens are entitled to denounce to competent agencies, organizations or individuals illegal acts of competent procedure-conducting persons, which cause or threaten to cause damage to the State’s interests or legitimate rights and interests of citizens, agencies or organizations.

Article 399.- Rights and obligations of denouncers

1. Denouncers shall have the following rights:

a) To file their written denunciations or directly present denunciations to competent agencies, organizations or individuals;

b) To request that their full names, addresses and autographs be kept secret;

c) To request that the results of resolution of their denunciations be notified to them;

d) To request competent agencies, organizations or individuals to protect them from intimidation, repression or revenge.

2. Denouncers shall have the following obligations:

a) To honestly present the contents of their denunciations;

b) To clearly state their full names and addresses;

c) To take responsibility before law for untruthful denunciations.

Article 400.- Rights and obligations of the denounced persons

1. Denounced persons shall have the following rights:

a) To be notified of the denunciation contents;

b) To produce evidences to prove that the denunciation contents are untrue;

c) To have their legitimate rights and interests that have been infringed upon restored; to have their honor restored; and to enjoy compensation for the damage caused by false denunciations;

d) To request competent agencies, organizations or individuals to handle persons who gave untruthful denunciations.

2. Denounced persons shall have the following obligations:

a) To explain their denounced acts; to provide relevant information and documents when so requested by competent agencies, organizations or individuals;

b) To strictly abide by the handling decisions of competent agencies, organizations or individuals;

c) To pay damages, address consequences caused by their illegal civil procedural acts according to law provisions.

Article 401.- Competence and time limit for resolution of denunciations

1. Denunciations of illegal acts of persons competent to conduct procedures of any competent agencies shall be settled by the heads of such agencies.

In cases where the denounced persons are courts’ chief judges, deputy-chief judges, heads or deputy-heads of the procuracies, the chief judges of the immediate superior courts or the heads of the immediate superior procuracies shall have responsibility to settle the cases.

The time limit for resolution of a denunciation shall not exceed sixty days as from the date of accepting the denunciation; for complicated cases, the time limit for denunciation resolution may be longer but shall not exceed ninety days.

2. Denunciations of illegal acts which show criminal signs shall be settled according to the provisions of the Criminal Procedure Code.

Article 402.- Procedures for complaint and denunciation resolution

The procedures for resolution of complaints and denunciations shall comply with the provisions of this Chapter and other law provisions on complaints and denunciations, which are not contrary to the provisions of this Chapter.

Article 403.- Responsibilities of persons competent to settle complaints, denunciations

1. Competent agencies, organizations or individuals shall, within the scope of their tasks and powers, have the responsibility to receive and promptly and properly settle complaints or denunciations; to strictly handle violators; to apply necessary measures to prevent possible damage or losses; to ensure strict execution of settling decisions and have to take responsibility before law for their decisions.

2. Those who are competent to settle complaints or denunciations but fail to settle them, show irresponsibility in settling them or settle them illegally shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor according to law provisions.

Article 404.- Inspection and supervision of law observation in resolution of complaints and denunciations in civil procedures

The people’s procuracies shall inspect and supervise the law observance in the resolution of complaints and denunciations in civil procedures according to law provisions. The procuracies are entitled to request or petition the courts of the same and lower levels, responsible agencies, organizations and individuals to ensure that the settlement of complaints and denunciations is well grounded and lawful.