Natural, Economic and Social Characteristics of Hanoi and Organizational Structure of People's Court in Hanoi City

of the provincial People's Court, due to the complexity of the case, it is necessary to conduct a broader investigation and verification such as: Judicial entrustment to the consular agency of Vietnam abroad. In Official Dispatch No. 128/CV-TANDTC dated December 14, 1991 of the Supreme People's Court, the provincial People's Court resolves according to the first-instance procedure the cases including the Marriage and Family case as follows:

+ When the party is a foreigner or a Vietnamese person living abroad;

+ Overseas Vietnamese include Vietnamese citizens who are living, studying and working outside of Vietnam.

In Official Dispatch No. 82/TANDTC dated November 7, 1982 of the Supreme People's Court, the cases under the jurisdiction of the District People's Court that the Provincial People's Court took up for settlement were cases including Marriage and Family cases such as:

+ Cases applying laws and policies have many complex difficulties;

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+ Investigation cases that require difficult evidence collection or complex technical appraisal;

+ Cases that are difficult to handle and have many different opinions on how to resolve the case;

+ Cases in which the litigants are key local officials or people with religious influence and where it is deemed that trial at the District People's Court is not politically beneficial.

+ In addition, the provincial People's Court may also, upon request of the litigant, bring cases under the jurisdiction of the district People's Court for trial if it deems there to be a legitimate reason.

There are not many types of cases under the jurisdiction of the provincial People's Court or cases under the first instance court, which the provincial People's Court takes up to resolve according to the provincial first instance procedure and are only concentrated in a few large cities. When resolving cases according to the first instance procedure of the People's Court

Provincial level must also strictly comply with the steps prescribed by the Civil Procedure Code, from acceptance to issuance of a decision in a judgment.

* ADPL activities according to the appeal procedure of the provincial People's Court:

After the District People's Court has tried the Marriage and Family judgment, it is necessary to note that the appeal and protest must ensure the time limit prescribed by law, such as the time limit for appeal for the first instance judgment is 15 days from the date of judgment or from the date of receiving the judgment and 07 days for the decision to suspend the case. At the same time, the appellant must pay the advance court fee for the appeal according to the provisions of law, except in cases where the appeal fee is exempted or not required to be paid. The time limit for appeal of the People's Procuracy at the same level is 15 days, of the People's Procuracy at the next higher level is 30 days from the date of judgment.

The appeal is an ADPL procedure for trial conducted directly by the Provincial People's Court to review the legality and basis of the decision, the judgment on Marriage and Family of the District People's Court that has not yet taken legal effect because of appeals and protests. This is the second trial of the case, so the second trial level must carefully review the judgment, the subject of the appeal of the judgment, the decision of the first instance. The court with the authority to hear the appeal must be the Provincial People's Court.

In practice, resolving cases according to the appellate procedure are mainly cases in which the litigants exercise their right to appeal, because the result of the first instance judgment cannot satisfy the wishes of one of the litigants, and a few litigants intentionally cause difficulties for the other party, so they exercise their right to appeal to intentionally drag out and prolong the case for the other party. When resolving a Marriage and Family case at the appellate level, the ADPL trial must follow the four stages as the ADPL trial at the first instance level. In each ADPL stage, the Judge must be extremely careful, in addition to re-examining

The decision of the District People's Court must be more convincing to the District People's Court and the parties.

When conducting an appeal trial of a Marriage and Family case with appeal or protest, the Court of Appeal has the right to:

+ Uphold the original judgment;

+ Amend the judgment at first instance if the investigation is found to be complete, but the Court of First Instance's handling of the case still has shortcomings and can be remedied;

+ Annul the first instance judgment on Marriage and Family for retrial in the following cases:

. The investigation of the Court of First Instance was incomplete and could not be supplemented by the Court of Appeal;

. The composition of the Trial Panel is not in accordance with the provisions of law;

There is a serious violation of procedure.

. When there is a legitimate reason from the party concerned;

. The appellant withdraws the entire appeal or the Procuracy withdraws the entire protest and in the cases prescribed in Article 189; Article 192 of the Civil Procedure Code.

Therefore, when trying according to the appellate procedure, the appellate People's Court does not simply apply the ADPL to resolve the case, but also re-examines the ADPL of the district-level People's Court. Therefore, the appellate court must carefully and cautiously consider the ADPL when trying the case. When trying the case at first instance, the Trial Panel has only one Judge, but the appellate Trial Panel consists of three Judges and the appellate decision takes legal effect from the date of the decision.

* ADPL activities according to the order of final judgment or retrial:

- ADPL activities follow the cassation procedure with decisions and judgments on Marriage and Family that have come into legal effect. Based on the law

and the ADPL to review the judgment, decision of the Court that has come into legal effect but is protested because of the discovery of serious procedural violations in the settlement of the case. Cases of retrial under the cassation procedure are decisions, judgments on marriage and family of the Court that have come into legal effect but are protested under the cassation procedure when there are the following grounds:

+ The conclusion in the judgment or decision is not consistent with the objective circumstances of the case;

+ There is a serious violation of procedural law;

+ There is a serious mistake in ADPL.

The cassation trial is not the third level of trial, so the cassation procedure is fundamentally different from the first-instance and appellate trials. The procedure for appeals to the cassation trial of judgments and decisions only goes through one level of trial and is not subject to appeal or protest according to the appellate procedure. When discovering that a judgment or decision on marriage and family has come into legal effect, it needs to be reviewed according to the cassation procedure as follows: The litigant or other individuals, agencies, or organizations have the right to discover violations of the law in the judgment or decision of the Court that has come into legal effect and notify in writing those who have the right to appeal, including: Chief Justice of the Provincial People's Court, Chief Prosecutor of the Provincial People's Procuracy, Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy. When considering the cassation procedure for a Marriage and Family case, the cassation trial panel has the following authority:

+ Not accepting the appeal and maintaining the legally effective judgment and decision on marriage and family;

+ Uphold the legal judgment and decision on marriage and family of the lower-level People's Court;

+ Annul effective judgments and decisions on marriage and family for re-investigation and trial from the first instance stage;

+ Annul the judgment and decision on marriage and family of the Court that tried the case and suspend the case.

Thus, the ADPL activities according to the cassation procedure for marriage and family cases are of great significance, which is the procedure to resolve the erroneous resolutions of the judgments and decisions on marriage and family of the Court that have come into legal effect in order to contribute to protecting the legitimate rights and interests of citizens, the legitimate interests of the State, and at the same time, through the cassation procedure, helping the higher-level Court see the errors of the lower-level People's Court in the ADPL activities to resolve marriage and family cases. From there, there are summaries, experience draws and there are instructions and guidance on professional work in applying the law to the lower-level Court to resolve marriage and family cases.

- The ADPL activity under the retrial procedure is to review decisions and judgments on marriage and family that have come into legal effect but are protested because of newly discovered circumstances that can fundamentally change the content of the judgment or decision, which the Court and the parties were not aware of when issuing the judgment or decision. The grounds for protesting under the retrial procedure against judgments and decisions on marriage and family of the Court that have come into legal effect are as follows:

+ Discover important details of the case that the parties could not know during the process of resolving the Marriage and Family case;

+ There is a basis to prove that the conclusions of the appraiser or interpreter are untrue or that evidence is falsified;

+ Judges, People's Jurors, and Prosecutors intentionally falsify case files or intentionally draw illegal conclusions;

+ The Court's judgment or the State agency's decision on which the Court based itself to resolve the case has been annulled;

The ADPL activities of the Review Council have the following rights in Marriage and Family cases:

+ Not accepting the appeal and maintaining the decision and judgment on Marriage and Family that have come into legal effect;

+ Annul the judgment or decision on Marriage and Family that has come into legal effect for retrial at first instance according to the procedures prescribed by the Civil Procedure Code.

+ Annul the judgment and decision on Marriage and Family that has come into legal effect and suspend the case.

When discovering new details of the case, the parties or other individuals, agencies, or organizations have the right to discover new details of the case and notify in writing the competent person to appeal.

ADPL activities under the retrial procedure in resolving Marriage and Family cases must also comply with the procedures prescribed by the Civil Procedure Code. Through ADPL activities under the retrial procedure, the Court can correct shortcomings in judgments and decisions that have come into legal effect.

In addition to resolving cases according to the first instance and appeal procedures, ADPL follows the supervisory and retrial procedures with the aim of making ADPL more accurate in resolving cases on Marriage and Family.

- The issue of transferring legally effective decisions and judgments on Marriage and Family to the Enforcement Agency:

Previously, the enforcement of civil judgments was under the jurisdiction of the Court, but on June 1, 1993, the Law on Civil Judgment Enforcement came into legal effect, replacing the Ordinance on Civil Judgment Enforcement of 1989, and the enforcement authority belonged to the Civil Judgment Enforcement Agency. After the decision or judgment on Marriage and Family comes into effect, the law stipulates that the Court must be responsible for transferring the judgment or decision on Marriage and Family to the Civil Judgment Enforcement Agency so that the Enforcement Agency can be responsible for enforcement.

Thus, during the review period of the cassation and retrial procedures, if the first instance judgment is not appealed or protested according to the appellate procedures, the legally effective judgment will still be enforced.

Chapter 1 Conclusion

ADPL in the settlement of marriage and family cases of the People's Court is a field of ADPL in general. In chapter 1, the author presents the concept and characteristics of ADPL in the settlement of marriage and family cases, and analyzes the stages of the ADPL process in settling marriage and family cases, and presents the content of ADPL in the settlement of marriage and family cases, to serve as a theoretical basis for assessing the current situation in chapters 2 and 3 of the Thesis.

Chapter 2

CURRENT STATUS OF APPLYING LAW IN RESOLVING MARRIAGE AND FAMILY CASES BY PEOPLE'S COURTS

IN HANOI CITY

2.1. Natural, economic and social characteristics of Hanoi and organizational structure of the people's court in Hanoi city

2.1.1. Natural, economic and social characteristics of Hanoi

Hanoi is the economic, cultural and political center of Vietnam. After adjusting the administrative boundaries from August 1, 2008, Hanoi has an area of 3,324.92 km2, a population of 6.913 million people (according to the census data of the Hanoi area on October 30, 2010), including 12 districts, 17 counties and 1 town. Hanoi is located on the right bank of the Da River and both sides of the Red River, a favorable location and terrain for a political, economic, cultural, scientific center and an important traffic hub of Vietnam.

According to 2010 statistics, Hanoi's GDP accounted for 12.73% of the country's and about 41% of the entire Red River Delta. In the 2011 Vietnam Provincial Competitiveness Index, Hanoi ranked 36th out of 63 provinces and cities. In 2012, Hanoi's Provincial Competitiveness Index ranked 51st out of 63 provinces and cities.

Despite being the capital of a poor country with low per capita income, Hanoi is one of the most expensive cities in the world and real estate prices are not inferior to those of rich countries. This has caused Hanoi residents, especially those with low incomes, to live in cramped conditions lacking amenities. Due to cultural traditions and housing difficulties, the phenomenon of 3 or 4 generations living together in one house is very common in Hanoi. Every year, the city builds millions of new square meters of

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