Chương XXII Bộ luật tố tụng dân sự 2015: Thủ tục đặc biệt xem xét lại quyết định của hội đồng thẩm phán tòa án nhân dân tối cao

Chapter XXII

SPECIAL PROCEDURES FOR REVIEWING DECISIONS OF THE COUNCIL OF JUDGES OF THE SUPREME PEOPLE’S COURT

Article 358. Requests, recommendations and applications for reviewing decisions of the Council of Judges of the Supreme People’s Court

1. When there are grounds to prove that decisions of the Council of Judges of the Supreme People’s Courts are seriously contrary to law or there are newly discovered important details which might basically change the contents of the decisions that are unknown to Councils of Judges of the Supreme People’s Court and involved parties when such decisions are issued, if there are requests of the Standing committee of the National Assembly, recommendations of National Assembly’s Judiciary Committee; recommendations of Chairperson of the Supreme People’s Procuracy or at the requests of the Chief Justice of the Supreme People’s Court, then such decisions shall be reviewed by the Council of Judges of the Supreme People’s Court.

2. If it is requested by the Standing committee of the National Assembly, the Chief Justice of the Supreme People’s Court shall report such requests to the Council of Judges of the Supreme People’s Court for reviewing the decisions of the Council of Judges of the Supreme People’s Court.

3. If there are recommendations by the National Assembly’s Judiciary Committee and/or recommendations of the Chairperson of the Supreme People’s Procuracy or the Chief Justice of the Supreme People’s Court when new violations or details are discovered, then the Chief Justice shall report such to the Council of Judges of the Supreme People’s Court for considering such recommendations/requests.

4. Meetings of the Council of Judges of the Supreme People’s Court for considering recommendations/requests specified in clause 3 of this Article must be attended by the Chairperson of the Supreme People’s Procuracy.

Article 359. Procedures for reviewing decisions of the Council of Judges of the Supreme People’s Court

1. When requests of the Standing Committee of the National Assembly, recommendations of National Assembly’s Judiciary Committee have been received or when the Chief Justice of the Supreme People’s Court have issue written requests for reviewing decisions of the Council of Judges of the Supreme People’s Court provided for in clauses 2 and 3 Article 358 of this Code, the Supreme People’s Court shall send to the Supreme People’s Procuracy copies of such requests or recommendations enclosed with the case files so that the Supreme People’s Procuracy studies and prepares for presentations at the meetings for considering recommendations/requests. Within 15 days from the day on which the case files are received, the Supreme People’s Procuracy must return them to the Supreme People’s Court.

2. Within 01 month from the day on which recommendations of the National Assembly’s Judiciary Committee or recommendations of the Chairperson of the Supreme People’s Procuracy are received or from the day on which the Chief Justice of the Supreme People’s Court make written requests, the Council of Judges of the Supreme People’s Court must hold meetings for considering such recommendations/requests.

The Supreme People’s Court shall notify in writing the time of opening of meetings for considering recommendations/requests to the Chairperson of the Supreme People’s Procuracy.

Representatives of the National Assembly’s Judiciary Committee shall be invited to attend the meetings of the Council of Judges of the Supreme People’s Court to consider the recommendations of the National Assembly’s Judiciary Committee.

3. The Council of Judges of the Supreme People’s Court shall consider the recommendations/requests according to the following order:

a) The Chief Justice of the Supreme People’s Court shall, by themselves or by assigning a member of the Council of Judges of the Supreme People’s Court, present briefly the contents of the cases and the processing of the cases;

b) Representatives of the National Assembly’s Judiciary Committee, the Chairperson of the Supreme People’s Procuracy, the Chief Justice of the Supreme People’s Court which submitted recommendations/requests for reviewing decisions of the Council of Judges of the Supreme People’s Court shall present the contents of the recommendations/requests; grounds for such recommendations/requests; analysis and assessment of details of the cases, old evidences and additional evidences (if any) to clarify the serious violations against law in the decisions of the Council of Judges of the Supreme People’s Court or new important details which can basically change the contents of such decisions;

c) In case of reviewing the recommendations of the National Assembly’s Judiciary Committee or reviewing requests of the Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy shall present his/her viewpoints and reasons for agreement or disagreement with such recommendations/requests.

Opinions of the Chairperson of the Supreme People’s Procuracy must be presented in writing that bear the signature of the Chairperson of the Supreme People’s Procuracy and must be sent to the Supreme People’s Court within 05 working days from the day on which the meetings finish;

d) The Council of Judges of the Supreme People’s Court shall discuss and vote under the majority rule on the agreement or disagreement with the recommendations/requests for reviewing its decisions;

dd) If the recommendations of the National Assembly’s Judiciary Committee, the recommendations of the Chairperson of the Supreme People’s Procuracy or the requests of Chief Justice of the Supreme People’s Court are agreed with, the Council of Judges of the Supreme People’s Court shall make decisions on the holding of meetings for reviewing its decisions and request the Chief Justice of the Supreme People’s Court to study the files before reporting such cases to the Council of Judges of the Supreme People’s Court to consider and make decisions at the meetings for reviewing its decisions.

If the recommendations/requests are not agreed with, the Council of Judges of the Supreme People’s Court must notify such in writing to individuals and agencies proposing recommendations/requests and clearly state the reasons;

e) All happenings at the meetings for considering recommendations/requests and decisions approved at the meetings must be recorded in the meeting minutes and included in the recommendation/request-considering files;

g) Within 05 working days from the day on which the meetings for considering recommendations/requests for reviewing its decisions, the Council of Judge of the Supreme People’s Court shall send to the Chairperson of the Supreme People’s Procuracy and the National Assembly’s Judiciary Committee notifications of its agreement or disagreement with such recommendations/requests.

4. Upon receiving requests of Standing Committee of the National Assembly or decisions of the Council of Judges of the Supreme People’s Court on the opening of meetings for reviewing its decisions as prescribed in point dd clause 3 of this Article, the Chief Justice of the Supreme People’s Court shall conduct the study of the case files and the verification and collection of materials and evidences when necessary.

The study of case files, the verification and collection of materials and evidences must clarify whether there are serious violations against law or new important details which may basically change the contents of decisions of the Judicial Council of the Supreme People’s Court.

5. Within 04 months from the day on which requests of the Standing Committee of the National Assembly specified in clause 2 Article 358 of this Code or from the day on which the decisions of the Council of Judges of the Supreme People’s Court specified in point dd clause 3 of this Article are received, the Council of Judges of the Supreme People’s Court shall hold meetings with the participation of all the Judges of the Supreme People’s Court to review its decisions.

The Supreme People’s Court shall send the Supreme People’s Procuracy written notifications of time of opening the meetings for reviewing decisions of the Council of Judges of the Supreme People’s Court enclosed with the case files. Within 15 days from the day on which the case files are received, the Supreme People’s Procuracy must return them to the Supreme People’s Court.

The meetings held by the Council of Judges of the Supreme People’s Court must be attended by the Chairperson of the Supreme People’s Procuracy. If it is deemed necessary, the Supreme People’s Court may invite relevant agencies, organizations and individuals to attend the meetings.

6. The Chairperson of the Supreme People’s Procuracy must attend the meetings for reviewing decisions of the Council of Judges of the Supreme People’s Court and express his/her viewpoints on whether or not there are serious violations against law or new important details which can basically change the contents of the decisions of the Council of Judges of the Supreme People’s Court and his/her opinions about the resolution of the cases.

Opinions of the Chairperson of the Supreme People’s Procuracy must be presented in writing that bear the signature of the Chairperson of the Supreme People’s Procuracy and must be sent to the Supreme People’s Court within 05 working days from the day on which the meetings finish.

7. Within 01 month from the day on which the Council of Judges of the Supreme People’s Court make decisions specified in clause 1 Article 360 of this Code, the Supreme People’s Court shall send such decisions to the Standing Committee of the National Assembly, the National Assembly’s Judiciary Committee, the Supreme People’s Procuracy and People’s Court which have been in charge of resolving the cases and involved parties.

Article 360. Competence to review decisions of the Council of Judges of the Supreme People’s Court

1. After listening to the reports of the Chief Justice of the Supreme People’s Court and opinions of the Chairperson of the Supreme People’s Procuracy and of relevant agencies, organizations and individuals that are invited to attend the meetings (if any) and when deeming that decisions of the Council of Judges of the Supreme People’s Court are seriously contrary to law or have new important details that basically change the contents of such decisions; or when deeming that legally effective judgments/decisions of inferior Courts are seriously contrary to law or have new important details that basically change the contents of such decisions, then on a case-by-case basis, the Council of Judges of the Supreme People’s Court shall make decisions to:

a) Repeal decisions of the Council of Judges of the Supreme People’s Court, repeal legally effective judgments/decisions and decisions on contents of the cases;

b) Repeal decisions of the Council of Judges of the Supreme People’s Court, repeal legally effective judgments/decisions and determine responsibility of the Supreme People’s Court for compensation for damages caused to involved parties as the result of the unconformable decisions that are repealed or determine responsibility for reimbursing the value of properties according to law;

c) Repeal decisions of the Council of Judges of the Supreme People’s Court, repeal legally effective judgments/decisions to transfer the case files to the inferior Courts to resolve according to law.

2. Decisions of the Council of Judges of the Supreme People’s Court must be approved by at least three-fourths of its members to be effective.