Mẫu Đơn đề nghị xem xét theo thủ tục giám đốc thẩm (Mẫu số 48-HC)

The Vietnamese legal system, particularly within administrative litigation, places significant emphasis on mechanisms for ensuring justice and legal accuracy. Among these, the supervisory review (giám đốc thẩm) procedure serves as a critical safeguard, allowing for the re-examination of legally effective judgments and decisions that exhibit signs of serious legal violations. To standardize and facilitate this complex legal process, the Supreme People's Court has issued specific forms. This document, Mẫu số 48-HC, provides a structured framework for individuals and organizations to formally submit a "Đơn đề nghị xem xét theo thủ tục giám đốc thẩm," underscoring its pivotal role in upholding the rule of law and protecting legitimate rights and interests within the administrative justice system.

Legal professionals, lawyers, administrative litigants, judges, and judicial staff involved in supervisory review procedures within the Vietnamese administrative justice system.

Mẫu số 48-HC is a standardized request form designed for initiating the supervisory review (giám đốc thẩm) procedure concerning judgments (bản án) or decisions (quyết định) that have taken legal effect within the Vietnamese administrative litigation system. The core purpose of this form is to provide a clear and comprehensive template for individuals or organizations to formally petition competent judicial authorities, such as the Chief Justice of a People's Court, to re-examine a case based on identified legal errors or violations. The instructions accompanying the form meticulously detail how each section should be completed, covering essential information such as the identity and legal capacity of the applicant, specific details of the judgment or decision under review, the precise legal grounds and reasons (lý do và căn cứ đề nghị) for requesting supervisory review, and the explicit requests of the applicant (yêu cầu của người đề nghị). This includes specifying whether the original ruling was a first-instance (sơ thẩm) or appellate (phúc thẩm) judgment. Furthermore, the document emphasizes the importance of attaching relevant supporting evidence and documents, such as copies of the original judgment or other pertinent legal instruments. The guidance also clarifies the legal basis for such a review, notably referencing Article 260 of the Administrative Procedure Law, which governs the conditions and scope of supervisory review. By standardizing the "đơn đề nghị," Mẫu số 48-HC ensures procedural consistency, facilitates efficient processing by the People's Court, and empowers litigants to exercise their right to challenge potentially flawed legal outcomes. Its application is crucial for ensuring judicial accountability, correcting miscarriages of justice, and reinforcing public trust in the administrative justice system. The form’s structure not only streamlines the submission process but also requires petitioners to articulate their case clearly, contributing to a more transparent and legally sound review.