Chương XVII Thủ tục tố tụng hành chinh 2015: Thủ tục đặc biệt xem xét lại quyết định của hội đồng thẩm phán tòa án nhân dân tối cao

Chapter XVII

SPECIAL PROCEDURES FOR REVIEWING RULINGS OF THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT

Article 287. Requests, recommendations and proposals for reviewing rulings of the Judicial Council of the Supreme People’s Court

1. When there is a ground for ascertaining that there is a serious violation of law or a newly discovered important circumstance which might substantially change the contents of a ruling of the Judicial Council of the Supreme People’s Court, which were unknown to the Council and involved parties when such ruling was made, such ruling shall be reviewed if:

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

b/ It is recommended by the National Assembly’s Judiciary Committee;

c/ It is recommended by the Procurator General of the Supreme People’s Procuracy;

d/ It is proposed by the Chief Justice of the Supreme People’s Court.

2. Upon request of the National Assembly Standing Committee, the Chief Justice of the Supreme People’s Court shall report such to the Judicial Council of the Supreme People’s Court for reviewing the latter’s ruling.

3. Upon recommendation of the Judiciary Committee of the National Assembly or the Procurator General of the Supreme People’s Procuracy or at the proposal of the Chief Justice of the Supreme People’s Court when discovering a violation or a new important circumstance, the Chief Justice of the Supreme People’s Court shall report such to the Judicial Council of the Supreme People’s Court for considering such recommendation or proposal.

If agreeing with the recommendation of the Judiciary Committee of the National Assembly or the Procurator General of the Supreme People’s Procuracy or with the proposal of the Chief Justice of the Supreme People’s Court, the Judicial Council of the Supreme People’s Court shall issue a decision to assign the Chief Justice of the Supreme People’s Court to study the case file and report such to the Judicial Council of the Supreme People’s Court for consideration and decision. If disagreeing with such recommendation or proposal, the Judicial Council of the Supreme People’s Court shall issue a written notice clearly stating the reason.

4. The session of the Judicial Council of the Supreme People’s Court to consider the recommendation or proposal mentioned in Clause 3 of this Article shall be attended by the Procurator General of the Supreme People’s Procuracy.

Article 288. Sending of documents, case files and notices related to procedures for reviewing rulings of the Judicial Council of the Supreme People’s Court

After receiving the request of the National Assembly Standing Committee or recommendation of the Judiciary Committee of the National Assembly, or after the Chief Justice of the Supreme People’s Court proposes in writing the review of the ruling of the Judicial Council of the Supreme People’s Court under Clause 1, Article 287 of this Law, the Supreme People’s Court shall send to the Supreme People’s Procuracy a copy of such request, recommendation or proposal enclosed with the case file for the latter to study them and prepare opinions for presentation at the session to consider recommendations and proposals under Article 291 of this Law. Within 15 days after receiving the case file, the Supreme People’s Procuracy shall return it to the Supreme People’s Court.

Article 289. Time limit for and notice of opening a session to consider recommendations and proposals

1. Within 30 days after receiving the recommendation of the Judiciary Committee of the National Assembly or the Procurator General of the Supreme People’s Procuracy, or after the Chief Justice of the Supreme People’s Court makes a written proposal, the Judicial Council of the Supreme People’s Court shall hold a session to consider such recommendation or proposal under Clause 3, Article 287 of this Law.

2. The Supreme People’s Court shall notify in writing the Procurator General of the Supreme People’s Procuracy of the time of opening the session to consider the recommendation or proposal under Clause 3, Article 287 of this Law.

Article 290. Attendees at a session of the Judicial Council of the Supreme People’s Court to consider recommendations or proposals

1. The Procurator General of the Supreme People’s Procuracy shall attend a session of the Judicial Council of the Supreme People’s Court to consider the recommendation of the Judiciary Committee of the National Assembly or the Procurator General of the Supreme People’s Procuracy or the proposal of the Chief Justice of the Supreme People’s Court under Clause 4, Article 287 of this Law.

2. A representative of the Judiciary Committee of the National Assembly shall be invited to attend a session of the Judicial Council of the Supreme People’s Court to consider the recommendation of the Judiciary Committee of the National Assembly.

Article 291. Order of conducting a session of the Judicial Council of the Supreme People’s Court to consider recommendations or proposals

1. The Chief Justice of the Supreme People’s Court shall himself/herself present or assign a member of the Judicial Council of the Supreme People’s Court to present in brief the contents of the case and the settlement of the case.

2. A representative of the Judiciary Committee of the National Assembly, the Procurator General of the Supreme People’s Procuracy or the Chief Justice of the Supreme People’s Court who makes the recommendation or proposal for reviewing the ruling of the Judicial Council of the Supreme People’s Court shall present:

a/ The contents of and grounds for such recommendation or proposal;

b/ Analysis and assessment of the case’s circumstances, old evidences and additional evidences (if any) for clarifying the serious violation of law in the ruling of the Chief Justice of the Supreme People’s Court, or new important circumstances that may substantially change the contents of such ruling.

3. In case of reviewing the recommendation of the Judiciary Committee of the National Assembly or proposal of the Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy shall present his/her viewpoints on and the reason for agreement or disagreement with such recommendation or proposal.

Presentations of the Procurator General of the Supreme People’s Procuracy shall be in writing and bear the signature of the Procurator General of the Supreme People’s Procuracy and sent to the Supreme People’s Court within 5 working days after the end of the session.

4. The Judicial Council of the Supreme People’s Court shall discuss and vote by majority on agreement or disagreement with the recommendation or proposal for reviewing its ruling.

5. If agreeing with the recommendation of the Judiciary Committee of the National Assembly or Procurator General of the Supreme People’s Procuracy or with the proposal of the Chief Justice of the Supreme People’s Court, the Judicial Council of the Supreme People’s Court shall decide hold a session to review its ruling and assign the Chief Justice of the Supreme People’s Court to organize the study of the case file and report such to it for consideration and decision at the session to review its ruling.

6. If disagreeing with the recommendation or proposal, the Judicial Council of the Supreme People’s Court shall notify such in writing to the agencies and individuals defined in Article 292 of this Law, clearly stating the reason.

7. All developments at the session to consider recommendations and proposals and rulings approved at the session shall be recorded in the session minutes and included in the dossier of review of recommendations and proposals.

Article 292. Notification of results of a session to consider recommendations or proposals for reviewing rulings of the Judicial Council of the Supreme People’s Court

Within 5 working days after the end of the session to consider the recommendation or proposal for reviewing the ruling of the Judicial Council of the Supreme People’s Court, the Judicial Council of the Supreme People’s Court shall send to the Procurator General of the Supreme People’s Procuracy and Judiciary Committee of the National Assembly a written notice of the Council’s agreement or disagreement with such recommendation and proposal.

Article 293. Organization of study of case files

1. Upon receiving a request of the National Assembly Standing Committee or ruling of the Judicial Council of the Supreme People’s Court as prescribed in Clause 5, Article 291 of this Law, the Chief Justice of the Supreme People’s Court shall organize the study of the case file, and verify and collect documents and evidences when necessary.

2. The study of the case file and verification and collection of documents and evidences must clarify whether there is a serious violation of law or a new important circumstance that may substantially change the contents of the ruling of the Judicial Council of the Supreme People’s Court.

Article 294. Holding of sessions to review rulings of the Judicial Council of the Supreme People’s Court

1. Within 4 months after receiving the request of the National Assembly Standing Committee under Clause 2, Article 287 of this Law or after the ruling is made by the Judicial Council of the Supreme People’s Court under Clause 5, Article 291 of this Law, the Judicial Council of the Supreme People’s Court shall hold a session with the participation of all judges of the Supreme People’s Court to review such ruling.

2. The Supreme People’s Court shall send to the Supreme People’s Procuracy a written notice of the time of holding the session to review the ruling of the Judicial Council of the Supreme People’s Court together with the case file. Within 15 days after receiving the case file, the Supreme People’s Procuracy shall return it to the Supreme People’s Court.

Article 295. The Procurator General of the Supreme People’s Procuracy attending sessions to review rulings of the Judicial Council of the Supreme People’s Court

1. The Procurator General of the Supreme People’s Procuracy shall attend a session to review the ruling of the Judicial Council of the Supreme People’s Court under Clause 4, Article 287 of this Law and present his/her opinions on whether there is a serious violation of law or a new important circumstance that may substantially change the contents of such ruling and on the settlement of the case.

2. Presentation of the Procurator General of the Supreme People's Procuracy shall be in writing and bear his/her signature and be sent to the Supreme People’s Court within 5 working days after the conclusion of the session.

Article 296. Competence to review rulings of the Judicial Council of the Supreme People’s Court

1. After hearing the report of the Chief Justice of the Supreme People’s Court and opinions of the Procurator General of the Supreme People’s Procuracy and related agencies, organizations and individuals (if any) that are invited to attend the session, the Judicial Council of the Supreme People’s Court shall make a ruling to annul its ruling which contains a serious violation of law or a new important circumstance that may substantially change the contents of such ruling; annul the legally effective judgment or ruling of the subordinate court which contains a serious violation of law or a new important circumstance that may substantially change the contents of such judgment or ruling, and shall, on a case-by-case basis, decide to:

a/ Reject the lawsuit institution claim if it is groundless;

b/ Accept part or the whole of the lawsuit institution claim and pronounce to annul part or the whole of the unlawful administrative decision; and compel the state agency or a competent person of the state agency to perform tasks or official-duties prescribed by law;

c/ Accept part or the whole of the lawsuit institution claim and pronounce the administrative act as illegal; and compel the state agency or a competent person of the state agency to end such illegal administrative act;

d/ Accept the lawsuit institution claim and pronounce to annul the unlawful disciplinary decision on dismissal; and compel the head of the agency or organization to perform tasks or official duties prescribed by law;

dd/ Accept part or the whole of the lawsuit institution claim and pronounce to annul part or the whole of the decision on settlement of the complaint about the unlawful decision on handling the competition case; and compel the agency or person that has the competence to issue a decision on settlement of the complaint about the decision on handling the competition case to re-settle the case in accordance with the Competition Law;

e/ Determine the compensation liability for the cases specified at Points b, c, d and dd, Clause 1 of this Article, and compel agencies or organizations to pay compensation or restore lawful rights and interests of organizations or individuals, public interests, interests of the State, lawful rights and interests of third parties which are infringed upon by unlawful administrative decisions, administrative acts, or disciplinary decisions on dismissal or decisions on handling competition cases; determine the compensation liability of the Supreme People’s Court that has made the ruling seriously violating law annulled due to its unintentional or intentional fault and causing damage to the involved parties, or determine the asset compensation liability in accordance with law;

g/ Propose a competent state agency or its head to examine the responsibility of this agency or a competent person of this agency if it/he/she intentionally violates law, causing serious consequences to agencies, organizations or individuals.

2. A ruling of the Judicial Council of the Supreme People’s Court must be voted for by at least three-fourths of the total members of the Council.

Article 297. Notification of results of sessions of the Judicial Council of the Supreme People’s Court to review its rulings

Within 30 days after the Judicial Council of the Supreme People’s Court issues a ruling prescribed in Clause 1, Article 296 of this Law, the Supreme People’s Court shall send the ruling to the National Assembly Standing Committee, Judiciary Committee of the National Assembly, Supreme People’s Procuracy, court that has settled the case, and involved parties.