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The Supreme People's Court of Vietnam: Benchbook Online

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1.1. Receiving and accepting a case file


It is the duty of the division in charge of receiving and accepting the case file to consider whether the case file is eligible to be received and accepted.

Related legal documents
  • CrPC (Item 1 of Article 166)
  • Resolution No. 04/2004/NQ-HDTP dated 05 November 2004 of the SPCJC (hereinafter referred to as Resolution No. 04/2004) (Sub-section 1.1)

  • Main tasks and practical skills:

    • Pursuant to Item 1 of Article 166 of the CrPC, the Court shall check whether the bill of indictment has been handed to the accused. If not, the Court shall refuse to receive the case file.
    • The Court must compare the list of attached documents with documents actually enclosed in the case file. The Court shall sign the list and receive the case file if the list is found sufficient. Otherwise, the Court shall not receive the case file.
    • Pursuant to Sub-section 1.1 of Resolution No. 04/2004, the Court shall receive the case file only when the bill of indictment has been handed to the accused and the documents enclosed in the case file are sufficient, compared with the list of attached documents.
    • If any physical evidence is enclosed in the case file, the Court shall record the minutes of the delivery of such physical evidence. The minutes must include signatures of the recipient and deliverer, and be kept in the case file.
    • Upon receipt of the case file, the Court shall record it in the book of case files, write the number and date of acceptance of the case file on the left top corner of the case file’s cover. This way of writing is compulsory. 
    • The division in charge of receiving and accepting the case file shall report to the Chief Justice or a Judge assigned to preside at the trial.