Nghị quyết 02/2012/NQ-HĐTP của Hội đồng Thẩm phán Tòa án nhân dân tối cao về việc hướng dẫn thi hành một số quy định của Nghị quyết 60/2011/QH12 ngày 29/03/2011 của Quốc hội về việc thi hành Luật sửa đổi, bổ sung một số điều của Bộ luật Tố tụng dân sự

 THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Resolution No. 02/2012/NQ-HDTP of December 3,2012, guiding a number of provisions of the National Assembly’s Resolution No. 60/2011/QH12 of March 29,2011, on the enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code

Pursuant to the Law on Organization of People s Courts;

In order to correctly and uniformly implement the provisions of the National Assembly’s Resolution No. 60/2011/QH12 of March 29, 2011, on the enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as Resolution No. 60);

After reaching agreement with the Chairman of the Supreme People s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Time limits for lodging protests according to cassation or reopening procedures against legally valid courts’ civil, marriage and family, business, commercial or labor judgments and decisions

1. The time limits for lodging protests according to cassation or reopening procedures against the court civil, marriage and family, business, commercial or labor judgments and decisions which took legal effect before April 8, 2011 (the date of promulgation of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code), comply with Articles 288 and 308 of the 2004 Civil Procedure Code (below referred to as the 2004 Code), specifically as follows:

a/ The time limit for lodging protests according to cassation procedures is 3 years, counting from the date a court’s civil, marriage and family, business, commercial or labor judgment or decision takes legal effect;

b/ The time limit for lodging protests according to reopening procedures is 1 year, counting from the date a person competent to protest becomes aware of grounds for making protests according to reopening procedures as prescribed in Article 305 of the 2004 Code.

2. The time limits for lodging protests according to cassation or reopening procedures against the courts’ civil, marriage and family, business, commercial or labor judgments and decisions which took effect between April 8, 2011, and January 1, 2012 (the effective date of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code), comply with Articles 288 and 308 of the Civil Procedure Code which was amended and supplemented under the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as the Code), specifically as follows:

a/ The time limit for lodging protests according to cassation procedures is 3 years, counting from the date a court civil, marriage and family, business, commercial or labor judgment or decision takes legal effect, if, within 1 year from that date, the involved party files no petition for protest according to cassation procedures;

b/ The time limit for lodging protests may be extended for another 2 years from the date of its expiration under Clause 1, Article 288 of the Code, when the following conditions are fully satisfied:     ,

b 1/ The involved party has filed a petition under Clause 1, Article 284 of the Code and files another one after the expiration of the time limit for lodging protests specified in Clause 1, Article 288 of the Code;

b2/ The legally valid court civil, marriage and family, business, commercial or labor judgment or decision violates the law as prescribed in Article 283 of the Code, seriously infringes upon the rights and legitimate interests of the involved party or a third party, or infringes upon the State’s interests against which a protest must be lodged for redressing the errors found in such judgment or decision.

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