Chương XV Luật tố tụng hành chính 2010: Thủ tục đặc biệt xem xét lại quyết định của hội đồng thẩm phán Tòa án nhân dân tối cao

Chapter XV

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

Article 239. Requests, recommendations and proposals for reviewing decisions of the Judges' Council of the Supreme People's Court

1. When there is a ground for ascertaining that there is a serious law violation or a newly discovered important detail which might substantially change the content of a decision of the Judges' Council of the Supreme People's Court, which were unknown to the Judges' Council of the Supreme People's Court and involved parties when such decision was issued, such decision shall be reviewed in any of the following cases:

a/ It is requested by the National Assembly Standing Committee;

b/ It is recommended by the National Assembly's Law Committee;

c/ It is recommended by the Director of the Supreme People's Procuracy;

d/ It is proposed by the President of the Supreme People's Court.

2. If the National Assembly Standing Committee requests, the President of the Supreme People's Court shall report it to the Judges' Council of the Supreme People's Court for reviewing the decision of the Judges' Council of the Supreme People's Court.

3. If the National Assembly's Law Committee or the Director of the Supreme People's Procuracy recommends or the President of the Supreme People's Court discovers a violation or new detail, the President of the Supreme People's Court shall report it to the Judges' Council of the Supreme People's Court for considering such request or recommendation.

If agreeing with the recommendation of the National Assembly's Law Committee or the Director of the Supreme People's Procuracy or with the proposal of the President of the Supreme People's Court, the Judges' Council of the Supreme People's Court shall issue a decision to assign the President of the Supreme People's Court to study the case file and report to the Judges' Council of the Supreme People's Court for consideration and decision. If the Judges' Council of the Supreme People's Court disagrees with such recommendation or proposal, it shall issue a written notice clearly stating the reason.

4. The meeting of the Judges' Council of the Supreme People's Court to consider the recommendation or proposal mentioned in Clause 3 of this Article must be attended by the Director of the Supreme People's Procuracy.

Article 240. Procedures and competence for reviewing decisions of the Judges' Council of the Supreme People's Court

1. The President of the Supreme People's Court shall organize study of the case file, verify and collect documents and evidence, and report to the Judges" Council of the Supreme People's Court to review the decision of the Judges' Council of the Supreme People's Court within 4 months after receiving the request of the National Assembly Standing Committee mentioned in Clause 2, Article 239 or receiving the decision of the Judges' Council of the Supreme People's Court mentioned in Clause 3. Article 239 of this Law.

2. The meeting of the Judges' Council of the Supreme People's Court must be attended by the Director of the Supreme People's Procuracy. If finding it necessary, the Supreme People's Court may invite related persons, agencies and organizations to the meeting.

3. After listening to the report of the President of the Supreme People's Court, opinions of the Director of the Supreme People's Procuracy and related persons, agencies and organizations (if any) at the meeting, the Judges' Council of the Supreme People's Court may issue a decision to cancel the decision of the Judges' Council of the Supreme People's Court that involves a serious law violation or when there is a new important detail that substantially changes the content of such decision: cancel the effective judgment or ruling of a subordinate court that involves a serious law violation or when there is a new important detail that substantially changes the content of such judgment or ruling, and depending on a case-by-case basis, make the following decision:

a/ To reject the lawsuit claim, if it is not based on any legal grounds;

b/ To accept part or the whole of the lawsuit claim, cancel part or the whole of the administrative decision which is illegal; to compel the state agency or competent person in the state agency to perform its/his/her task or official duty in accordance with law;

c/ To accept part or the whole of the lawsuit claim, declare illegal some or all of administrative acts concerned; to compel the state agency or competent person in the state agency to terminate such illegal acts;

d/ To accept the lawsuit claim, cancel the disciplinary decision on dismissal which is illegal; to compel the head of the agency or organization to perform his/her task or official duty in accordance with law;

e/ To accept part or the whole of the lawsuit claim, cancel part or the whole of the decision on settlement of the complaint about the decision on handling of a competition case which is illegal; compel the agency or competent person that has issued the decision on settlement of the complaint about the decision on handling of the competition case to resettle the case in accordance with the Competition Law;

f/ To Identify compensation liabilities in the cases specified at Points b, c, d and e. Clause 3 of this Article, compel agencies, organizations to pay damages and restore the rights and legitimate interests of individuals, agencies and organizations which were infringed upon by the administrative decision, administrative act, disciplinary decision on dismissal or decision on handling of the competition case; to identify the compensation liability of the Supreme People's Court for its decision which is cancelled for a serious law violation due to unintentional or intentional fault and has damaged the involved party, or indemnify the liability to indemnify asset value in accordance with law;

g/ To recommend a competent state agency or the head of a competent state agency to consider the liability of the state agency or competent person in the state agency in case of intentional law violation causing serious consequences to individuals, agencies and organizations.

4. The decision of the Judges' Council of the Supreme People's Court must be voted for by at least three-quarters of total members of the Council.

5. The Supreme People's Court shall assume the prime responsibility for, and coordinate with the Supreme People's Court in, guiding the implementation of this Article.