Resolution No. 60/2011/QH12 On the Implementation of the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code

RESOLUTION

On the Implementation of the Law Amending and Supplementing Certain Provisions

of the Civil Procedure Code

________________________________

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10,

RESOLUTION:

Article 1.

The Law Amending and Supplementing Certain Provisions of the Civil Procedure Code No. 65/2011/QH12 was adopted at the ninth session of the XIIth National Assembly of the Socialist Republic of Vietnam on March 29, 2011, and shall take effect from January 1, 2012.

Article 2.

1. From the date of promulgation of the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code until the effective date of this Resolution:

a) The time limit for lodging a protest under the cassation procedure against civil, family, commercial, and labor judgments and decisions that have become legally binding before the promulgation of the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code shall be applied according to Article 288 of the Civil Procedure Code No. 24/2004/QH11 (hereinafter referred to as the Civil Procedure Code 2004);

b) The time limit for requesting cassation review and the time limit for lodging a protest under the cassation procedure against civil, family, commercial, and labor judgments and decisions that have become legally binding from the date of promulgation of the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code shall be applied according to Articles 284 and 288 of the Civil Procedure Code as amended and supplemented by Law No. 65/2011/QH12;

c) The cassation and reconsideration procedures for civil, family, commercial, and labor judgments and decisions mentioned in points a and b of this clause shall be carried out according to the provisions of the Civil Procedure Code 2004.

2. From the date the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code takes effect:

a) For civil, family, commercial, and labor cases accepted by the courts before the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code takes effect, but which are newly resolved at first instance from the date this Law takes effect, the provisions of the Civil Procedure Code as amended and supplemented by Law No. 65/2011/QH12 shall be applied to resolve them;

b) For civil, family, commercial, and labor cases resolved at first instance by the courts before the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code takes effect, but which are newly reviewed at second instance from the date this Law takes effect, the provisions of the Civil Procedure Code as amended and supplemented by Law No. 65/2011/QH12 shall be applied to resolve them;

c) For civil, family, commercial, and labor judgments and decisions that have become legally binding and are subject to cassation or reconsideration protests filed before the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code takes effect, but which are newly reviewed at cassation or reconsideration from the date this Law takes effect, the provisions of the Civil Procedure Code as amended and supplemented by Law No. 65/2011/QH12 shall be applied to resolve them;

d) For civil, family, commercial, and labor judgments and decisions that have become legally binding with requests for cassation or reconsideration during the period from the promulgation of the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code until the date this Law takes effect, but without a protest from a competent authority, the protest shall be carried out according to the Civil Procedure Code as amended and supplemented by Law No. 65/2011/QH12;

e) For civil, family, commercial, and labor judgments and decisions that have become legally binding before the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code takes effect, but which are newly protested for cassation or reconsideration from the date this Law takes effect, except for the case stipulated in point d of Clause 2 of this Resolution, the basis for carrying out the protest according to the cassation or reconsideration procedure shall be according to the provisions of the Civil Procedure Code 2004; the cassation or reconsideration review shall be carried out according to the provisions of the Civil Procedure Code as amended and supplemented by Law No. 65/2011/QH12.

Article 3.

1. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and powers shall themselves or in coordination organize the review of related documents to timely amend, supplement, or issue new documents in accordance with the Law Amending and Supplementing Certain Provisions of the Civil Procedure Code, ensuring the effectiveness of this Law from January 1, 2012; coordinate with relevant agencies to continue researching provisions of the Civil Procedure Code that are problematic or impractical in resolving civil cases and have not yet been amended or supplemented, preparing plans for comprehensive amendments to the Civil Procedure Code.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective tasks and powers shall be responsible for implementing and guiding the implementation of this Resolution.

This Resolution was adopted by the XIIth National Assembly of the Socialist Republic of Vietnam at its ninth session on March 29, 2011./.