Main tasks and practical skills:
Verification and collection of evidence shall be conducted as provided in Item 2 of Article 38 of the OPRAC, specifically as follows:
- Requesting litigants to provide and supplement evidence or present necessary issues. Documents and evidence, which shall be submitted to the Court by the litigants, include:
- The petitioner is obliged to provide a copy of the administrative decision or disciplinary decision removing them from their work place, or copy of the decision on initial resolution of the complaint (if any), provide other evidence for protecting their own legal rights and interests (Item 1 of Article 5 of the OPRAC);
- The petitioned person is obliged to provide the Court with the dossier on resolution of the complaint (if any) and copy of documents enclosed in the dossier on resolution of the administrative matter, and the dossier on disciplinary consideration, which shall be considered as a ground for issuing an administrative decision, disciplinary decision removing them from their work place, or administrative action (Item 2 of Article 5 of the OPRAC);
- A person having related rights and obligations is obliged to provide evidence in order to protect their own legal rights and interests (Item 3 of Article 5 of the OPRAC);
- If the Judge considers that documents and evidence submitted to the Court by the litigants are insufficient or not clear, the Judge should request the litigants to provide or add evidence or further present any unclear issue or other issues necessary for resolving the case. The request should be made in writing and specify concrete requirements.
- Requesting relevant State agency, organization or individual to provide evidence which is important for the resolution of the case (Item 5 of Article 5 of the OPRAC). The request should be made in writing under title «Decision requesting for provision of evidence». This decision should be composed of the following issues:
- Date of issuing of the decision and name of the Court which has issued the decision;
- Name and address of the person who requests the provision of evidence (if any);
- Reason for the request;
- Specific evidence needed to be provided to the Court;
- Time limit for providing evidence.
- Requesting the witness to present necessary issues (Article 24 of the OPRAC). Noting that:
- Taking testimony of the witness can be conducted inside or outside the office of the Court by the Judge. The Court Clerk should only assist the Judge in recording testimony of the witness in the minutes;
- In principle, the Judge should request the witness to write down a presentation on important issues which they are aware of. Only where they are unable to write it themselves can the Judge take minutes of the testimony.
- On-site verification
- In order to conduct on-site verification, the Judge should issue a decision on on-site verification. The decision should contain of the following:
+ Date of issuance of the decision and name of the Court in the decision;
+ Objects and issues that need on-site consideration;
+ Time and place of on-site consideration.
- This decision should be sent to the People’s Committee of a commune or sent to the agency or organization having the objects liable to on-site consideration and the Judge should request them to appoint their representative to attend the on-site consideration. The decision also needs to be sent or delivered to the litigants for their information and witnessing the on-site consideration (they are not obliged to attend).
- Calling for examination and conducting a number of other necessary measures
- Calling for examination should be made in writing under title “Decision on calling for examination”. The decision should contain the following:
+ Date of issuance of the decision and name of the Court which has issued the decision;
+ Name and address of the organization which conducts examination if the Court calls for such organization to conduct examination, or name and address of the person who conducts examination if the Court calls for such person to conduct examination;
+ Origin and characteristics of the objects liable to examination;
+ Titles of relevant documents or attached comparison samples;
+ Issues need to be examined;
+ Specific requirements that need examination conclusion;
+ Time limit for returning the examination conclusion.
- This decision should be sent to the litigants, organization conducting the examination and examiner.
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