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The Supreme People's Court of Vietnam: Benchbook Online

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4.4. Oral argument at the trial


Related legal documents
  • OPRAC (Article 46 and Article 47)
  • Resolution No. 03/2003/NQ-HDTP dated 18 April 2003 of the SPCJC (hereinafter referred to as Resolution No. 03/2003)

  • Main tasks and practical skills

    • Persons who have the right to participate in oral argument at the trial include litigants or their representative, persons protecting legal rights and interests of the litigants at the trial.
    • Oral argument shall be started with the petitioner or their representative first. If the petitioner has a person protecting their legal rights and interests, this person shall present their opinions first, then the petitioner or their representative shall present additional opinions. Next, persons having related rights and obligations on the side of the petitioner (if any) shall present their opinions.
    • After the persons participating in the proceedings on the side of the petitioner have finished their presentation, the petitioned may present their opinions. First, the petitioned or their representative presents opinions, if there is any person protecting legal rights and interests of the petitioned, they shall present first, then the petitioned or their representative shall further present. Next, persons having related rights and obligations on the side of the petitioned (if any) shall present their opinions.
    • Persons participating in oral argument shall have the right to respond each other’s opinions. The presiding Judge shall have no right to limit the time for oral argument, or to interrupt any opinion if such opinion relates to the content of the case, in other words, if such opinion is important to the resolution of the case.
    • After the oral argument concludes, the presiding Judge shall request the Procurator to present their opinion on resolution of the case.
    • After the Procurator presents their opinion on resolution of the case, the Trial Panel shall enter the discussion room for deliberating the judgment.