Bộ luật tố tụng dân sự 2015 số 92/2015/QH13
THE NATIONAL ASSEMBLY
——–
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
No.: 92/2015/QH13
Hanoi, November 25th, 2015
CODE
OF CIVIL PROCEDURE
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Civil Procedure Code.
PART
ONE
GENERAL PROVISIONS
Chapter
I
TASK AND EFFECT OF THE CIVIL PROCEDURE
CODE
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The Civil Procedure Code
provides for the basic principles in civil proceedings; the order and
procedures for initiating lawsuits at People’s Court (hereinafter referred to
as Courts) to settle cases of civil, marriage and family, business, trade and
labor (hereinafter referred to as civil lawsuits) and order and procedures to
request the Court to settle matters regarding civil, marriage, family,
business, trade, labor (hereinafter referred to as civil matters); order and
procedures for settlement of civil lawsuits and civil matters (hereinafter
referred to as civil cases) at Courts; procedures for recognition and
enforcement in Vietnam civil judgments/decisions of foreign Courts, award of
foreign arbitrators; enforcement of civil judgments; tasks, entitlements and
responsibilities of proceeding authorities/officers; rights and obligations of
participants in procedures, of individuals, of regulatory agencies, people’s
armed units, economic organizations, political organizations, socio-political
organizations, political – social – professional organizations, social
organizations, social – professional organizations (hereinafter referred to as
agencies and organizations) that are relevant to ensure that the resolution of
civil cases is carried out quickly, accurately, truthfully and lawfully.
The Civil Procedure Code
contributes to the protection of the justice, of human’s rights, civil rights,
protection of socialist regime, of the interests of the State, legitimate
rights and interests of agencies, organizations and individuals; educates
people to strictly abide by law.
Article
2. Regulated entities and effect of the Civil Procedure Code
1. The Civil Procedure
Code applies to all civil proceedings throughout the territory of the Socialist
Republic of Vietnam, including mainland, offshore island, territorial waters
and airspace.
2. The Civil Procedure
Code applies to all civil proceedings conducted by consular offices of the
Socialist Republic of Vietnam in foreign countries.
3. The Civil Procedure
Code applies to the settlement of civil cases involving foreign element(s);
where the international treaties to which the Socialist Republic of Vietnam is
a signatory provide otherwise, the provisions of such international treaties shall
apply.
4. For foreign
individuals, agencies and organizations that enjoy diplomatic privileges and
immunities or consular privileges and immunities under Vietnamese laws,
international treaties to which the Socialist Republic of Vietnam is a
signatory, the civil cases related to such individuals, agencies and/or
organizations shall be settled through the diplomatic channel.
Chapter
II
BASIC PRINCIPLES
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All civil procedural
activities of presiding agencies, presiding officers, civil
procedure-participants and of relevant individuals, agencies and organizations
must comply with the provisions of this Code.
Article
4. Right to request Courts to protect legitimate rights and interests
1. Individuals, agencies
and organizations defined by this Code shall have the right to institute civil
lawsuits, request the resolution of civil matters at competent Courts in order
to protect the justice, human’s rights, civil rights, benefits of the State,
legitimate rights and interests of their own or of others.
2. Courts must not refuse
to settle a civil case for the reason that there is no applicable law provision
for such case.
A civil case without
applicable law provisions is a civil case falling within the governing scope of
civil laws but there is no applicable law provision at the time such civil case
arises and an agency/organization/individual requests the Court to settle.
The settlement of civil
case specified in this clause shall comply with the principles prescribed in
the Civil Code and this Code.
Article
5. Involved parties’ right to decision-making and self-determination
1. The involved parties
shall have the right to decide whether to initiate civil lawsuits, petition
jurisdictional Courts to settle the civil cases. The Courts shall only accept
for settlement of civil cases when they have received lawsuit petitions and/or
written requests from an involved party and shall settle the civil cases only
within the scope of such lawsuit petition or written request.
2. During the settlement
of a civil case, the involved parties shall have a right to terminate or change
their petitions or voluntarily reach agreement with one another, which is not
contrary to law and social ethics.
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1. The involved parties
shall have the right and obligation to initiatively collect and supply evidence
to Courts and prove that their petitions are well grounded and lawful.
Agencies, organizations and
individuals initiating lawsuits or file their petitions to protect legitimate
rights and interests of their own or of other persons shall have the right and
obligation to collect and supply evidence and to prove the ground and the
lawfulness like the involved parties.
2. The Courts shall
assist the involved parties to collect evidence and shall only collect and
verify the evidence in the cases prescribed by this Code.
Article
7. Responsibility of competent individuals, agencies and organizations to supply
materials and evidences
Agencies, organizations
and individuals shall, within the scope of their tasks and powers, provide the
involved parties, the Courts, the People’s Procuracy with materials and
evidences currently being under their possession or management sufficiently and
timely at the petition of the involved parties, the Courts and the Procuracy
according to regulations in this Code and shall take legal responsibility for
the supply of such materials and evidences; in case they cannot do so, a written
notification containing the explanation shall be made and sent to the involved
parties, the Courts and the Procuracy.
Article
8. Equality in rights and obligations in civil procedures
1. All people are equal
before law regardless of their ethnics, religions, educational levels,
occupations and social levels.
All agencies,
organizations and individuals are equal in the implementation of rights and
obligations in civil procedures.
2. The Courts have the
responsibility to create equal conditions for agencies, organizations and
individuals to exercise their rights and obligations in civil procedure
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1. The involved parties
have the right to defend themselves or to ask lawyers or other persons who
satisfy conditions specified in this Code to protect their legitimate rights
and interests.
2. The Courts have the
responsibility to ensure the conditions for the involved parties to exercise
their right to defense.
3. The State has the
responsibility to provide legal assistant for such entities according to law
provisions enabling them to exercise the right to protect their legitimate
rights and interests before the Courts.
4. No one shall limit the
right to protect legitimate rights and interests of the involved parties in
civil procedures.
Article
10. Mediation in civil procedures
The Courts have the
responsibility to conduct mediation and create favorable conditions for the
involved parties to reach agreement with one another on the resolution of civil
cases under the provisions of this Code.
Article
11. Participation of People’s Jurors in adjudication of civil lawsuits
1. The adjudication of
first instance of civil lawsuits shall be attended by the People’s Jurors as
prescribed in this Code, except for adjudication under the simplified
procedures.
2. Upon the vote for
decisions on settlement of civil lawsuits, the People’s Jurors are equal in
powers to the Judges.
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1. Upon trial over civil
lawsuits, Judges and People’s Jurors shall be independent and only comply with
law.
2. All acts of hindering or
interfering the adjudication of Judges and People’s Jurors or the settlement of
civil matters of Judges are strictly prohibited.
Article
13. Responsibilities of civil proceeding authorities and proceeding officers
1. Proceeding
authorities/officers must respect people and submit to people’s supervision.
2. The Courts are
responsible for the protection of the justice, human’s rights, civil rights,
socialist regime, benefits of the State, legitimate rights and interests of
organizations and individuals.
The procuracies are
responsible for the protection of the law, human’s rights, civil rights,
socialist regime, benefits of the State, legitimate rights and interests of
organizations and individuals and contribute in the assurance that law is
strictly and consistently complied with.
3. Proceeding
authorities/officers must keep the State secrets and work secret according to
law; preserve the nation’s fine customs and practices, protect minors, keep
professional secrets, business secrets, personal secrets of the involved
parties at their legitimate petitions.
4. The proceeding
authorities/officers shall take legal responsibility for the performance of
their tasks and powers. If a proceeding officer commits a violation against
law, depending on the nature and severity of the violation, he/she shall be
disciplined or liable to criminal prosecution according to law provisions.
5. If a proceeding
officer, during the performance of his/her tasks and powers, commits illegal
acts that causes damages to an agency/organization/individual, then the direct
management agency of such officer shall pay the compensation to the aggrieved
party according to law provisions pertaining to compensation responsibility.
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A Court shall conduct the
collective trial over civil lawsuits and make decisions under the majority
rule, except for adjudication according to simplified procedures.
Article
15. Prompt, equal and public trials by Courts
1. The Court trials shall
be conducted promptly and within the time prescribed in this Code and must
ensure the equality.
2. The Court trials shall
be public. In special cases that it is necessary to keep the State secrets,
preserve the nation’s fine customs and practices, protect minors or to keep
professional secrets, business secrets, personal secrets of the involved
parties at their legitimate claims, the Courts may conduct the trials behind
closed doors.
Article
16. Ensuring impartiality and objectiveness in civil procedures
1. Chief Justices,
Judges, People’s Jurors, ombudspersons, Court clerks, procurators chairpersons,
prosecutors, inspectors, interpreters, expert-witnesses and members of Price
Assessment Councils must not conduct or participate in civil procedures if
there are good reasons to believe that they may not be impartial in performing
their tasks and exercising their powers.
2. The assignment of
proceeding officers must ensure the conditions for them to be impartial and
objective when exercising their tasks and powers.
Article
17. Following the two-level adjudication regime
1. The Courts shall
follow the two-level adjudication regime.
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First-instance judgments
or decisions of the Courts which are not appealed against according to
appellate procedures within the time limit provided for by this Code shall
become legally effective. Where first-instance judgments or decisions are
appealed against, the cases must undergo appellate trials. The appellate
judgments or decisions shall be legally effective.
2. The Courts’
first-instance judgments or decisions of the Courts which have already taken
legal effect but have been detected with law violations or new details
according to provisions of this Code shall be reviewed according to the
cassation or reopening procedures.
Article
18. Cassation of trials
The Supreme People’s
Court shall conduct cassation of trials of all Courts; Collegial People’s
Courts shall conduct cassation of trials of People’s Courts of
central-affiliated cities and provinces (hereinafter referred to as People’s
Courts of provinces), People’s Courts of districts, towns,
provincial-affiliated cities and cities affiliated to central-affiliated cities
(hereinafter referred to as People’s Courts of districts) within their
competence to ensure that law is applied strictly and consistently.
Article
19. Assurance of the effect of Courts’ judgments and decisions
1. Legally effective
judgments and decisions of Courts must be enforced and strictly observed by all
agencies, organizations and individuals.
2. Within the scope of
their respective tasks and powers, Courts and agencies or organizations which
are assigned the tasks to enforce Courts’ judgments or decisions must strictly
enforce them and bear responsibility before law for the performance of such
tasks.
3. Courts may request the
enforcement authorities to notify them of the progress and the result of the
enforcement of the Courts’ judgments/decisions. The enforcement authorities
directly in charge of the enforcement of the Courts’ judgments/decisions shall
respond the Courts’ request.
Article
20. Spoken and written language used in civil procedures
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Participants in civil
procedures may use the voices and scripts of their ethnic groups; in this case
interpreters are required.
Participants in civil
procedures being people having hearing, speaking or visual disability may use
the language of disabled people; in this case interpreters are required.
Article
21. Supervising the law observance in civil procedures
1. The Procuracies shall
supervise the law observance in civil procedures and exercise the rights to petition, recommendation or appeal according to law provisions in order to ensure lawful and
timely resolution of civil cases.
2. The Procuracies shall
participate in first-instance meetings for civil matters; first-instance trials
of lawsuits where evidence are collected by the Courts or where matters under
dispute are public properties, public benefits, land use right, housing use
right or involved parties are minors, legally incapacitated persons or, persons
with limited capacity of exercise, people with limited cognition or behavior
control or cases specified in clause 2 Article 4 of this Code.
3. The procuracies shall
participate in appellate, cassation and reopening trials/meetings.
4. The Supreme People’s
Procuracy shall preside over and cooperate with the Supreme People’s Court in
providing guidance on the implementation of this Article.
Article
22. Courts’ responsibility for forwarding documents and papers
1. The Courts shall have
the responsibility to delivery, forward and notify of their judgments,
decisions, summons, invitations and other relevant documents to the
participants in the civil procedures according to the provisions of this Code.
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Article
23. Participation of agencies, organizations and individuals in civil
procedures
Agencies, organizations
and individuals shall have the right and obligation to participate in civil
procedures according to the provisions of this Code, contributing to the lawful
and prompt resolution of civil cases at courts.
Article
24. Assurance of oral argument in adjudication
1. The Courts shall
ensure that the involved parties and people protecting legitimate rights and
interests of the involved parties implement the right to get involve in oral
argument in first-instance trials, appellate trials, cassation trials and
reopening trials according to provisions of this Code.
2. The involved parties
and the people protecting the legitimate rights and interests of the involved
parties may collect and submit the evidences and relevant materials to the
Courts since the Courts accepted civil lawsuits and shall notify to each other
of the submitted materials and evidences; present, give question and answer,
express opinions about evidences and present applicable provisions to defend
their claims and their legitimate rights and interests or to reject others’
claims according to provisions of this Code.
3. During the process of
adjudication, every material and evidence shall be reviewed sufficiently,
obviously, comprehensively and publicly, except for cases where materials and
evidences must not be published prescribed in clause 2 Article 109 of this
Code. The Courts shall direct the oral argument, make question about unclear
matters and issue judgments/decisions on the basis of the argument result.
Article
25. Assurance of the right to complaints and denunciations in civil procedures
Agencies, organizations
and individuals shall have the right to complain about, individuals shall have
the right to denounce, illegal acts of proceeding authorities/officers or of
any agencies, organizations and individuals in civil proceedings.
Competent agencies,
organizations or individuals must accept, consider and settle promptly and
lawfully complaints and denunciations; notify in writing the settlement results
to the complainants and denouncers.
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COURT’S JURISDICTION
Section
1. CIVIL CASES FALLING UNDER THE COURTS’ JURISDICTION
Article
26. Civil disputes falling under the courts’ jurisdiction
1. Disputes over the
Vietnamese nationality among individuals.
2. Disputes over property
ownership and other rights over property.
3. Disputes over civil
transactions, civil contracts.
4. Disputes over
intellectual property rights, technology transfers, except for the cases
prescribed in Clause 2, Article 30 of this Code.
5. Disputes over property
inheritance.
6. Disputes over
compensation for non-contractual damage.
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8. Disputes over the
development and utilization of water resources and the waste discharge to water
as prescribed in the Law on water resources.
9. Disputes over land
according to legislation on land; disputes over the right to forest
ownership/enjoyment according to regulations in the Law on forest protection
and development.
10. Disputes relating to
the professional press operation under law on press.
11. Disputes relating to
petitions for declaration of notarized documents to be invalid.
12. Disputes relating to
properties forfeited to enforce judgments in accordance with the law on
enforcement of civil judgments.
13. Disputes over
property auction results and payment of expenses for registration to buy
property through auction in accordance with the law on enforcement of civil
judgment.
14. Other civil disputes,
except for cases within the jurisdiction of other agencies and organizations as
prescribed by law.
Article 27. Civil petitions
falling under the courts’ jurisdiction
1. The petition for
declaration or revocation of a decision on declaration of a legally
incapacitated person, person with limited capacity of exercise or a person with
limited cognition or behavior control.
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3. The petition for
declaration or revocation of decision on declaration of a person’s missing.
4. The petition for
declaration or revocation of decision on declaration of a person’s death.
5. The petition for
recognition and enforcement in Vietnam or non-recognition of civil judgments or
decisions, or decisions on properties in criminal or administrative judgments
or decisions of foreign Courts or not to recognize civil judgments or
decisions, or decisions on properties in criminal or administrative judgments
or decisions of foreign courts, which are not requested to be enforced in
Vietnam.
6. The petition for
declaration of notarized documents to be invalid.
7. The petition for
recognition of the successful out-of-Court mediation.
8. The petition for
recognition of property within Vietnam’s territory to be ownerless and for
recognition of the ownership of the persons managing such ownerless property
within Vietnam’s territory according to regulations in point e clause 2 Article
470 of this Code.
9. The petition for
determination of property ownership and use rights, division of common
properties for enforcement of judgments in accordance with regulations in the
Law on enforcement of civil judgments.
10. Other civil petitions, except
for cases within the jurisdiction of other agencies and organizations as
prescribed by law.
Article
28. Marriage and family-related disputes falling under the courts’ jurisdiction
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2. Disputes over division
of spousal common property during their marriage.
3. Disputes over change
of post-divorce child custodian.
4. Disputes over
determination of fathers or mothers for children; or determination of children
for fathers or mothers.
5. Disputes over
alimonies.
6. Disputes over
childbirth using the childbirth assistance technique or surrogacy for
humanitarian reasons.
7. Disputes over child
custodian, division between couples living like husbands and wives without
marriage registration or between spouses
illegally cancel the marriage registration.
8. Other disputes relating
to marriage and family, except for cases within the jurisdiction of other
agencies and organizations as prescribed by law.
Article 29. Marriage-and
family-related petitions falling under the courts’ jurisdiction
1. The petitions for
revocation of illegal marriages.
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3. The petitions for
recognition of agreements between the parents about the change of post-divorce
custodian or recognition of change of post-divorce child custodian decided by
agencies, organizations and individuals according o law regulations on marriage
and family.
4. The petitions for
restriction on rights of a father or mother towards a minor child or his/her right
to see the child after divorce.
5. The petitions for
termination of the adoption of children.
6. The petitions relating
to the surrogacy according to law regulations on marriage and family.
7. The petitions for
recognition of agreements of termination of the effect of the division of
spousal common properties during their marriage to have been carried out
according to the judgments/decisions of the Courts.
8. The petitions for
declaration of nullification of the agreements on the property division between
the husband and the wife according to legislation on marriage and family.
9. The petition for
recognition and enforcement in Vietnam or for non-recognition of judgments or
decisions on marriage and family of foreign Courts or other foreign competent
agencies; or for non-recognition of judgments or decisions on marriage and
family of foreign Courts or other competent foreign competent agencies which
are not requested to be enforced in Vietnam.
10. The petition for
determination of fathers or mothers for children; or determination of children
for fathers or mothers according to legislation on marriage and family.
11. Other petitions
relating to marriage and family, except for cases within the jurisdiction of
other agencies and organizations as prescribed by law.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Disputes arising from
business or trade activities among individuals and/or organizations with
business registration, which are all for the purpose of profits.
2. Disputes over
intellectual property rights or technology transfers among individuals or
organizations, which are all for the purposes of profits.
3. Disputes between
persons who are not members of a company but involve in transaction in transfer
of capital holding and the company and/or its members.
4. Disputes between a
company and its members; disputes between a limited liability company and its
manager or between a joint-stock company and members of its Board of Directors,
its Director or its General Director, or among members of a company regarding
the establishment, operation, dissolution, merge, consolidation, total
division, partial division, property transfer and/or organizational
transformation of the company.
5. Other civil disputes
relating to business or trade activities, except for cases within the
jurisdiction of other agencies and organizations as prescribed by law.
Article
31. Business or trade petitions falling under the courts’ jurisdiction
1. The petitions for
revocation of a resolution of the Shareholder general assembly, a resolution of
the Member assembly according to legislation on enterprise.
2. The petitions related
to the resolution of disputes by Vietnamese commercial arbitrators under law
regulations on commercial arbitration.
3. The petitions for
arrest of aircrafts, seagoing vessels according to law on Vietnamese civil
aviation, Vietnamese maritime, except for cases where aircrafts/vessels must be
arrested serving lawsuit settlement.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
5. The petitions for
recognition and enforcement in Vietnam of foreign arbitrators’ award on
business or commercial matters.
6. Other petitions
relating to business or trade activities, except for cases within the
jurisdiction of other agencies and organizations as prescribed by law.
Article
32. Labor disputes falling under the courts’ jurisdiction
1. Individual labor
disputes between employees and employers, which have been mediated through
mediation procedures of labor mediators but the involved parties fail to comply
with mediation results, or which cannot be mediated or are not mediated within
the law- established time limit, except the following disputes which must not
necessarily be mediated through mediation procedures:
a) Disputes over labor
discipline in the form of dismissal or over cases of unilateral termination of
labor contracts;
b) Disputes over damage
compensation or over benefit policy upon termination of labor contracts;
c) Disputes between
household servants and their employers;
d) Disputes over social insurance
as prescribed in laws on social insurance, over health insurance as prescribed
in laws on health insurance, over unemployment insurance as prescribed in laws
on employment or over occupational accident insurance and occupational diseases
as prescribed in laws on labor hygiene and safety;
dd) Disputes over damage
compensation between laborers and enterprises or non-business organizations
sending laborers to work overseas under contracts.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. Labor disputes
include:
a) Disputes over
vocational training and practice;
b) Disputes over labor
outsourcing;
c) Disputes over rights
relating to trade union, trade union expenditure;
d) Disputes over labor
safety and labor hygiene.
4. Disputes over
compensation for illegal strike.
5. Other labor disputes,
except for cases within the jurisdiction of other agencies and organizations as
prescribed by law.
Article
33. Labor petitions falling under the courts’ jurisdiction
1. Petitions for
declaration of a labor contract/collective bargaining agreement to be
invalid.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. Petitions for
recognition and enforcement in Vietnam of foreign courts’ labor judgments or
decisions, or for non-recognition of foreign courts’ labor judgments or
decisions which are not requested to be enforced in Vietnam.
4. Petitions for
recognition and enforcement in Vietnam of labor award of foreign arbitrators.
5. Other petitions,
except for cases within the jurisdiction of other agencies and organizations as
prescribed by law.
Article
34. Jurisdiction of Courts over particular decisions of agencies/organizations
1. When resolving civil
cases, the Courts may revoke particular decisions of agencies or organizations
or competent persons of such agencies or organizations in particular cases
which are obviously unlawful, infringing upon the rights and legitimate
interests of involved parties in these civil cases.
2. Particular decisions
specified in clause 1 of this Article are decisions on particular matters that
have been issued and applied once to one or a number of particular entities. If
the civil cases are related to such decisions, they must be considered in such
the same civil cases by the courts.
3. When considering
repealing decisions specified in clause 1 of this Article, the Courts shall
invite agencies, organizations or competent persons that have issued such
decisions to participate in the procedures in the capacity as person with
relevant interests and duties.
Agencies, organizations,
competent persons who have issued the decisions must participate in the
procedures and present their opinions about the particular decisions repealed
by the courts.
4. Competence of Courts
in charge of civil cases subject to considering the repealing of particular
decisions specified in clause 1 of this Article shall be determined according
to corresponding provisions in the Law on administrative procedures about
competence of People’s Courts of districts/provinces.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Section
35. Jurisdiction of People’s Courts of districts
1. People’s Courts of
districts shall have the jurisdiction to settle according to first-instance
procedures the following disputes:
a) Disputes over civil
matters, marriage and family, prescribed in Articles 26 and 28 of this Code;
b) Disputes over
business/trade activities prescribed in clause 1 Article 30 of this Code;
c) Labor disputes prescribed
in Article 32 of this Code.
2. People’s Courts shall
have the jurisdiction to resolve the following petitions:
a) Civil petitions
prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code;
b) Petitions relating to
marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of
Article 29 of this Code;
c) Petitions relating to
business/trade activities prescribed in clause 1 and clause 6 Article 30 of
this Code;
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. Disputes and petitions
prescribed in Clauses 1 and 2 of this Article, which involve parties or
properties in foreign countries or which must be judicially entrusted to
representative agencies of the Socialist Republic of Vietnam overseas or to
foreign courts/competent agencies, shall not fall under the jurisdiction of
people’s Courts of districts, except for cases specified in clause 4 of this
Article.
4. People’s Courts of
districts where Vietnamese citizens reside shall be in charge of cancelling
illegal marriage, settling divorce petitions and disputes pertaining to rights
and obligations of spouses, parents and children, parents and children adoption
and guardian relationship between Vietnamese citizens living in frontier areas
and citizens of neighboring countries living near Vietnam according to
provisions of this Code and other Vietnam’s law provisions.
Section
36. Jurisdiction of Tribunals of People’s Courts of districts
1. The Civil tribunals of
People’s Courts of districts shall have the jurisdiction to resolve according
to first-instance procedures cases relating to civil, business, trade and labor
matters falling under the jurisdiction of the People’s Courts of districts as
provided for in Article 35 of this Code.
2. The family and
juvenile tribunals of People’s Courts of districts shall have the jurisdiction
to resolve according to first-instance procedures for cases relating to
marriage and family falling under the jurisdiction of the People’s Courts of
districts as provided for in Article 35 of this Code.
3. Regarding People’s
Courts without a tribunal, the Chief Justice shall take responsibility for
conducting adjudication and assigning the Judge to take charge of the cases
falling under the jurisdiction of People’s Courts of districts.
Section
37. Jurisdiction of People’s Courts of provinces
1. People’s Courts of
provinces shall have the jurisdiction to settle according to first-instance
procedures the following disputes:
a) Civil, marriage- and
family-related, business, trade or labor disputes prescribed in Articles 26,
28, 30 and 32 of this Code, except for disputes falling under the jurisdiction
of the district-level people’s Courts as provided for in Clause 1 and Clause 4
Article 35 of this Code;
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
c) Disputes and petitions
prescribed in Clause 3, Article 35 of this Code.
2. The People’s Courts of
provinces shall have the jurisdiction to resolve according to first-instance
procedures the civil cases falling under the jurisdiction of the People’s
Courts of districts as provided for in Article 35 of this Code, which are taken
up by the People’s Courts of provinces for settlement when necessary or at the
request of People’s Courts of districts.
Section
38. Jurisdiction of Specialized tribunals of People’s Courts of provinces
1. Civil tribunals of
People’s Courts of provinces shall have the jurisdiction to:
a) Resolve according to
first-instance procedures the civil disputes/petitions falling under the
jurisdiction of People’s Courts of provinces specified in Article 37 of this
Code;
b) Resolve according to
appellate procedures the cases where the civil judgments/decisions of People’s
Courts of districts that are not legally effective which are appealed against
according to regulations in this Code.
2. Family and juvenile
tribunals of People’s Courts of provinces shall have the jurisdiction to:
a) Resolve according to
first-instance procedures the disputes/petitions relating to marriage and
family falling under the jurisdiction of People’s Courts of provinces specified
in Article 37 of this Code;
b) Resolve according to
appellate procedures the cases where the judgments/decisions relating to
marriage and family of People’s Courts of districts that are not legally
effective which are appealed against according to regulations in this Code.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) Resolve according to
first-instance procedures the disputes/petitions relating to business and trade
falling under the jurisdiction of People’s Courts of provinces specified in
Article 37 of this Code;
b) Resolve according to
appellate procedures the cases where the judgments/decisions relating to
business and trade of People’s Courts of districts that are not legally
effective are appealed against according to regulations in this Code.
4. Labor tribunals of
People’s Courts of provinces shall have the jurisdiction to:
a) Resolve according to
first-instance procedures the labor disputes/petitions falling under the jurisdiction
of People’s Courts of provinces specified in Article 37 of this Code;
b) Resolve according to
appellate procedures the cases where the labor judgments/decisions of People’s
Courts of districts that are not legally effective which are appealed against
according to regulations in this Code.
Article
39. Territorial jurisdiction of courts
1. Territorial
jurisdiction of Courts to settle civil lawsuits shall be determined as follows:
a) The Courts of the
localities where the defendants reside or work, applicable to defendants being
individuals, or where the defendants are headquartered, applicable to
defendants being agencies or organizations, shall have the jurisdiction to
settle according to first-instance procedures for civil, marriage- and family-related,
business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of
this Code;
b) The involved parties
shall have the right to agree with each other in writing to petition the Courts
of the localities where the plaintiffs reside or work, applicable to plaintiffs
being individuals, or where the plaintiffs are headquartered, applicable to
plaintiffs being agencies or organizations, to settle civil, marriage and
family-related, business, trade or labor disputes prescribed in Articles 26, 28,
30 and 32 of this Code;
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Territorial
jurisdiction of Courts to settle civil matters shall be determined as follows:
a) The Courts of the
areas where persons who are to be declared to be incapable of civil acts or
having limited capacity of exercise or having limited cognition or behavior
control reside or work shall have the jurisdiction to resolve such petitions;
b) The Courts of the
areas where persons absent from their residential places are to be announced
for search or to be declared missing or dead reside for the last time, shall
have the jurisdiction to settle petitions for announcement of the search for
persons absent from their residential places and management of such persons’
properties or petitions for declaring a person missing or dead;
c) The Courts of the
areas where the persons petition to repeal the declaration of being incapable
of civil acts or having limited capacity of exercise or having limited
cognition or behavior control reside or work shall have the jurisdiction to
repeal such declaration.
The Court which has
issued a decision to declare a person missing or dead shall have the
jurisdiction to resolve petitions to revoke its decision;
d) The Courts of the
areas where the persons who are obliged to execute foreign courts’ civil,
marriage and family, business, trade, or labor judgments or decisions reside or
work, applicable to judgment debtors being individuals, or where the judgment
debtors are headquartered, applicable to judgment debtors being agencies or
organizations, or where exists the property relating to the enforcement of such
judgments or decisions of foreign courts, shall have the jurisdiction to
resolve petitions for recognition and enforcement of foreign courts’ civil,
marriage and family, business, trade or labor judgments or decisions in
Vietnam;
dd) The Courts of the
areas where the petition senders reside or work, applicable to individuals, or
where the petition senders are headquartered, applicable to agencies or
organizations, shall have the jurisdiction to settle petitions for
non-recognition of foreign courts’ civil, marriage and family, business, trade
or labor judgments or decisions, which are not requested to be enforced in
Vietnam;
e) The Courts of the
areas where the persons who are obliged to execute award of foreign arbitrators
reside or work, applicable to judgment debtors being individuals, or where the
judgment debtors are headquartered, applicable to judgment debtors being
agencies or organizations, or where exists the property relating to the
enforcement of foreign arbitrators’ award, shall have the jurisdiction to
resolve the petitions for recognition and enforcement in Vietnam the award of
foreign arbitrators;
g) The Courts of the
areas where illegal marriages are registered shall have the jurisdiction to
resolve petitions to revoke such illegal marriages;
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
i) The Court of the area
where one of the parties that petitions the Court to recognize their agreement on change of
post-divorce child custodian resides or works shall have the jurisdiction to
resolve that petition.
If the agencies,
organizations and individuals petition
for the change of post-divorce child
custodian, the Court where the child resides shall have the jurisdiction to
resolve that petition;
k) The Court of the area
where one parent of a minor child resides or works shall have the jurisdiction
to resolve a petition to restrict rights of the father or mother towards the
minor child or his/her right to see the child after the divorce;
l) The Court of the area
where an adoptive parent or adopted child resides or works shall have the
jurisdiction to resolve a petition to terminate the child adoption;
m) The Courts of the area
where notary organization which have performed notarization are located shall
have the jurisdiction to settle the petitions for declaration of notarized
documents to be invalid;
n) The Courts of the
localities where competent judgment-executing bodies are headquartered or where
exist properties related to the judgment enforcement shall have the
jurisdiction to settle petitions for determination of property ownership or use
rights and for division of common properties for judgment enforcement and other
petitions according to provisions of Law on enforcement of civil judgments;
o) The territorial
jurisdiction of Courts to settle petitions related to the settlement by
Vietnamese commercial arbitrations of disputes shall comply with the law on commercial
arbitration;
p) The Courts of the
localities where a property is located shall have the jurisdiction to resolve
the petitions for recognition of such property to be ownerless in Vietnam’s
territory and the petition for recognition of the ownership of the person who
currently use such ownerless property;
q) The Courts of the
locality where a surrogate mother resides or works shall have the jurisdiction
to resolve petitions related to the surrogacy;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
s) The Courts of the
locality where the petitioner resides or works shall have the jurisdiction to
resolve petitions for recognition of the successful medication at the Court;
t) The Courts of the
locality where the petitioner resides or works shall have the jurisdiction to
resolve the petitions for declaration of nullification of the agreement on
properties of spouses according to legislation on marriage and family; the
petitions for determination of father and mother for a child according to
legislation on marriage and family;
u) The Courts of the
locality where a headquarter of a enterprise is located shall have the
jurisdiction to resolve the petitions for cancellation of the resolution of the
Shareholder general assembly or a resolution of the Member assembly;
v) The Courts of the
locality where a labor contract/collective bargaining agreement is concluded
shall have the jurisdiction to resolve the petitions for declaration of such
labor contract/collective bargaining agreement to be invalid;
x) The Courts of the
locality where a strike occurs shall have the jurisdiction to resolve the
petitions for determination of the lawfulness of the strike;
y) The territorial
jurisdiction of the Courts in resolving the petition for arrest of
aircrafts/vessels shall comply with regulations in Article 421 of this Code.
3. If a civil lawsuits
has been accepted by a Court and is being resolved according to regulations of
this Code on the territorial jurisdiction of Courts but the residence,
headquarter or transaction place of the involved parties is changed, such civil
lawsuits shall be continuously resolved by that Court.
Article
40. Jurisdiction of Courts selected by plaintiffs or petitioners
1. The plaintiffs shall
have the right to select Courts for resolution of civil, marriage and
family-related, business, trade or labor disputes in the following cases:
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
b) If the dispute arises
from the operation of a branch of an organization, the plaintiff may petition
the Court of the area where the organization’s head-office is located or where
its branch is located to settle it;
c) If the defendant does
not have residence place, work place or head-office in Vietnam or the case is
related to disputes over alimonies, the plaintiff may petition the Court of the
area where he/she resides or works to settle the case;
d) If the dispute is over
compensation for non-contractual damage, the plaintiff may petition the Court
of the area where he/she resides, works or where his/her headquarter is located
or where the damage is caused to settle the case;
dd) If the dispute is
over compensation for damage or allowance upon termination of a labor contract,
over social insurance, the rights and/or interests in relation to job, wages,
income and other working conditions for the laborers, the plaintiff being a
laborer may petition the Court of the area where he/she resides or works to
settle it;
e) If the dispute arises
from the employment of labor by a sub-contractor or a mediator, the plaintiff
may petition the Court of the area where his/her actual employer resides, works
or is headquartered or where the sub-contractor or the mediator resides or
works to settle it;
g) If the dispute arises
from a contractual relation, the plaintiff may petition the Court of the area
where the contract is performed to settle the case;
h) If the defendants
reside, work or are headquartered in different places, the plaintiff may
petition the Court of the area where one of the defendants resides or works or
is headquartered to settle the case;
i) If the dispute is over
immovables which exist in different localities, the plaintiff may request the
Court of the area where one of such immovables exist to settle the dispute.
2. The petitioners may
select Courts to settle their marriage and family-related petitions in the
following cases:
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
b) Regarding petitions
for revocation of illegal marriages provided for in Clause 1 Article 29 of this
Code, the requesters may ask the Courts of the areas where an involved party of
illegal marriage registration resides to resolve them;
c) Regarding petitions
for restriction of rights of fathers or mothers towards their minor children or
their right to visit the children after the divorces, the petitioners may ask
the Courts of the areas where the children reside to resolve them.
Article
41. Transferring civil cases to other courts; settlement of disputes over
jurisdiction
1. If a Court has
accepted a civil case which does not fall within its jurisdiction, it shall
issue a decision to transfer the civil cases dossier to a competent Court and
cross out the civil cases in its acceptance book. Such decision must be
immediately sent to the Procuracy all involved parties and relevant agencies,
organizations and individuals.
The involved parties and
relevant agencies, organizations and individuals may make complaints, the
Procuracy may submit recommendation for such decision within 03 working days
from the day on which the decision is received. Within 03 working days from the
day on which the complaint or the recommendation is received, the Chief Justice
of the Court that issued the decision to transfer the civil cases must resolve
the complaint/recommendation. The decision of the Chief Justice shall be the final
decision.
2. Disputes over the
jurisdiction of People’s Court of districts in the same province shall be
settled by the Chief Justice of the People’s Court of province.
3. Any dispute over the
jurisdiction between People’s Courts of districts of different provinces or
between People’s Courts of provinces that falls under the territorial
jurisdiction of the Collegial People’s Court shall be settled by the Chief
Justice of the High People’s Court.
4. Any dispute over the
jurisdiction between People’s Courts of districts of different provinces or
between People’s Courts of provinces that falls under the territorial
jurisdiction of different Collegial People’s Courts shall be settled by the
Chief Justice of the Supreme People’s Court.
Article
42. Joining or separating cases
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Regarding cases where
multiple persons filing the same petitions for lawsuits against the same
individuals or agencies/organizations, the Courts may gather their petitions to
resolve in the same cases.
2. A Court may separate a
case with different claims into two or more cases if the separation and resolution
of the separated cases strictly comply with law.
3. Upon the case merger
or separation prescribed in Clauses 1 and 2 of this Article, the Courts which
have accepted the petitions must issue decisions and send them immediately to
the procuracies of the same level, the involved parties and relevant agencies,
organizations and individuals.
Section
3. RESOLUTION OF CIVIL CASES WITHOUT LAW PROVISIONS TO APPLY
Article
43. Rules for determining jurisdiction of Courts in cases where there is no law
provisions to apply
Jurisdiction of Courts in
acceptance and resolution of civil cases in cases where there is no law
provisions to apply shall comply with regulations in Article 35 to 41 of this
Code.
Article
44. Order, procedures for acceptance and resolution of civil cases without law
provisions to apply
Order and procedures for
acceptance and resolution of civil cases in cases where there is no law
provisions to apply shall comply with provisions of this Code.
Section
45. Rules for resolving civil cases without law provisions to apply
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The Courts shall apply
custom to resolve civil cases when the involved parties do not reach agreements
on and the law does not provide for such cases. The custom must not be contrary
to basic rules of civil legislation specified in Article 3 of the Civil Code.
When petitioning Courts
to resolve civil cases, involved parties may adduce customs to request the
Courts to apply.
Courts shall verify the
applicability of the customs, ensuring the compliance with provisions of
Article 5 of the Civil Code.
If involved parties
adduce different customs, the ones accepted at the places where the civil cases
occur shall prevail.
2. The application of law
provisions in the same matters shall be conducted as follows:
The Courts shall apply
law provisions applicable to the same matters to resolve civil cases when the
involved parties do not reach agreements on and the law does not provide for
such cases as prescribed in Article 5 of the Civil Code and clause 1 of this
Article.
When applying law
provisions applicable to the same matter, the Court shall determine clearly the
legal nature of the civil cases, determine clearly that in current legal system
there is no legal provisions cover such relationship and determine legal
provisions cover similar civil relationship.3. Basic rules of civil law
provisions, precedents and the justice shall be applied as follows:
Courts shall apply basic
rules of civil law provisions, precedents and the justice to settle civil cases
when the application of law provisions applicable to the same matters as
prescribed in Article 5 and clause 1 Article 6 of the Civil Code and clauses 1
and 2 of this Article is not available.
Basic rules of civil law
provisions are specified in Article 3 of the Civil Code.
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The justice shall be
determined on the basis of the reasons admitted by everyone, conformable with
the principle of being humanitarian, unbiased and equal in rights and
obligations of involved parties in such civil cases.
Chapter
IV
CIVIL PROCEEDING AUTHORITIES, CIVIL
PROCEDURE -PRESIDING OFFICERS AND REPLACEMENT OF CIVIL PROCEDURE –PRESIDING
OFFICERS
Article
46. Civil proceeding authorities, proceeding officers
1. The civil proceeding
authorities include:
a) The Court;
b) The Procuracy.
2. The civil proceeding
officers include:
a) The Chief Justices,
Judges, People’s Jurors, ombudspersons and Court clerks;
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Article
47. Tasks and powers of the courts’ Chief Justices
1. The court’s Chief
Justice shall have the following tasks and powers:
a) To organize the
resolution of civil cases falling under the jurisdiction of the Court; ensuring
the principle that the Judge and the Juror carry out the adjudication
separately and comply with law;
b) To decide on the
assignment of Judges to accept the civil cases, Judges to resolve civil cases,
People’s Jurors to participate in trial panels to hear civil lawsuits; and to
decide on the assignment of ombudspersons, Court clerks to conduct procedures
for civil cases, ensuring the principle prescribed in clause 2 Article 16 of
this Code;
c) To decide on the
replacement of Judges, People’s Jurors, Ombudspersons and/or Court clerks
before the opening of Court sessions;
d) To decide on the replacement
of expert-witnesses and/or interpreters before the opening of Court sessions;
dd) To issue decisions
and conduct civil proceedings under the provisions of this Code;
e) To settle complaints
and/or denunciations under the provisions of this Code;
g) To file appeals
according to the cassation or reopening procedures against legally-effective
Court judgments or decisions according to the provisions of this Code or
request the competent Chief Justice to consider the appeal according to the
cassation or reopening procedures against legally-effective Court judgments or
decisions.
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i) To resolve the acts
obstructing the civil procedures as prescribed in law;
k) To perform the tasks
and powers prescribed in law.
2. When the Chief Justice
is absent, a Deputy-Chief Justice shall be authorized by the Chief Justice to
perform the Chief Justice’s tasks and powers, excluding the right to file
appeals prescribed in point g Clause 1 of this Article. The Deputy-Chief
Justice shall be answerable to the Chief Justice for the authorized tasks and
powers.
Article
48. Tasks and powers of Judges
As assigned by the Court’s
Chief Justice, the Judges shall have the following tasks and powers:
1. To proceed the
application for initiating lawsuits and the petitions and accept the civil
cases according to regulations in this Code;
2. To file the dossier of
civil cases;
3. To collect and verify
the evidence, to hold Court sessions and meetings to resolve civil cases
according to regulations in this Code;
4. To decide to apply,
change or cancel the provisional emergency measures;
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6. To provide explanation
and guidance for involved parties so that they can exercise the right to apply
for legal assistant according to law on legal assistance;
7. To hold meetings for
checking the handover of, access to and disclosure of evidences and mediating
and issue decisions on recognition of the agreements between involved parties
according to provisions of this Code;
8. To decide to bring
civil lawsuits to Court for trial, or bring civil matters for resolution;
9. To convene people to a
trial or a meeting;
10. To work as the
chairperson or to participate in adjudicating civil lawsuits and resolving
civil matters;11. To request the Court’s Chief Justice to assign ombudspersons
to assist the conduct of civil proceedings according to the provisions of this
Code;
12. To discover and
request the Court’s Chief Justice to request competent agencies to consider
amending or repealing a legislative document discovered denoting against constitutions, laws,
resolutions of National Assembly, ordinances, resolutions of the Standing
committee of the National Assembly, superior legislative documents of
regulatory agencies as prescribed in this Code;
13. To resolve the acts
obstructing the civil procedures as prescribed in law;
14. To conduct other
proceedings when resolving civil cases according to the provisions of this
Code.
Article
49. Tasks and powers of People’s Jurors
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1. To study case files
prior to the opening of Court sessions;
2. To request the Chief
Justices and/or Judges to issue necessary decisions according to their
respective competence;
3. To participate in the
trial panel of civil lawsuits;
4. To conduct proceedings
and take equal power to the Judge in voting on issues falling within the trial
panels’ jurisdiction.
Article
50. Tasks and powers of ombudspersons
As assigned by the
Court’s Chief Justice, the inspectors shall have the following tasks and
powers:
1. To conduct inspection
of dossiers of civil cases subject to reconsideration in court’s judgments and
decisions according to the cassation or reopening procedures.
2. To make conclusion
about the inspection and the inspection results and propose solutions for the
civil cases to the Court’s Chief Justice;
3. To collect materials
and evidences relevant to the civil cases as prescribed in this Code;
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5. To conduct other tasks
according to the provisions of this Code.
Article
51. Tasks and powers of Court clerks
As assigned by the
Court’s Chief Justice, the Court clerks shall have the following tasks and
powers:
1. To make necessary
professional preparations prior to the opening of Court sessions;
2. To announce the rules
of Court sessions;
3. To check and report to
the trial panels the list of those summoned to Court sessions;
4. To write up a minute
of the Court session, the meeting and the minute of statements of the involved
parties in the civil procedures;
5. To conduct other tasks
according to the provisions of this Code.
Article
52. Cases where proceeding officers must refuse to conduct the procedures or be
replaced
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1. They are concurrently
the involved parties, the representatives or relatives of the involved parties;
2. They have participated
in the proceedings in the capacity as defense counsels of the legitimate rights
and interests of involved parties, witnesses, expert-witnesses or interpreters
in the same case;
3. There are clear
grounds to believe that they may not be impartial in performing their tasks.
Article
53. Replacing Judges or People’s Jurors
Judges and/or People’s
Jurors must refuse to conduct the civil procedures or be replaced in the
following cases:
1. In one of the cases
prescribed in Article 52 of this Code;
2. They are in the same
trial panel and have a close relationship with one another; in this case, only
one person is allowed to participate in the civil procedures;
3. They participated in first-instance,
appellate, cassation or reopening procedures in the resolution of such civil
cases and have issued first-instance judgments, appellate judgments/decisions,
cassation or reopening decisions, civil matter resolving decisions, decisions
to terminate the resolution of civil cases or decisions to recognize the
agreement between involved parties; if such persons are members of the Council
of Judges of the Supreme People’s Court or Committees of Judges of Collegial
People’s Courts, they shall be allowed to participate in the resolution of such
cases according to cassation/reopening procedures;
4. They have acted as
proceeding officers in such cases in the capacity as the ombudsperson, the
Court clerk, the prosecutor or the inspector.
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Court clerks and
ombudspersons must refuse to conduct civil procedures or be replaced in the
following cases:
1. In one of the cases
prescribed in Article 52 of this Code;
2. They have acted as proceeding officers
in such cases in the capacity as the Judge, People’s Jurors, ombudsperson, the
Court clerk, the prosecutor or the inspector;
3. They are relatives of
one of other proceeding officers in the case.
Article
55. Procedures for refusal to conduct the civil proceedings and procedures for
request for replacement of Judges, People’s Jurors, Ombudspersons, Court clerks
1. The refusal to conduct
the civil proceedings and the request for the replacement of the Judges,
People’s Jurors, Ombudspersons, Court clerks before the opening of Court
sessions/meetings must be made in writing, clearly stating the reason(s) and
grounds therefor.
2. The refusal to conduct
the civil proceedings and the request for the replacement of persons specified
in clause 1 of this Article in Court sessions/meetings must be recorded in the
minutes of the meetings.
Article
56. Decision on the replacement of Judges, People’s Jurors, Ombudspersons
and/or Court clerks
1. Before the opening of
Court sessions, the replacement of Judges, People’s Jurors, Ombudspersons
and/or Court clerks shall be decided by the Chief Justice. If the to
be-replaced Judge is the court’s Chief Justice, the competence to decide shall
be adjusted as follows:
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b) The replacement of
Judges being Chief Justice of People’s Courts of provinces shall be decided by
the Chief Justices of Collegial People’s Courts having territorial competence
towards such People’s Courts of provinces;
c) The replacement of
Judges being Chief Justice of Collegial People’s Courts shall be decided by the
Chief Justices of Supreme People’s Courts.
2. In Court sessions, the
replacement of Judges, People’s Jurors, Ombudspersons or Court clerks shall be decided by the trial
panels after listening to the opinions of the persons requested to be replaced.
The trial panels shall discuss matters in the deliberation rooms and make
decisions by majority. The decision on postponement of the Court session for
the replacement of Judges, People’s Jurors, ombudspersons and/or Court clerks
shall be decided by the trial panels. The appointment of other Judges, People’s
Jurors, ombudspersons and/or Court clerks as the replacement shall be decided
by the courts’ Chief Justices. If the to be-replaced person is the court’s
Chief Justice, the competence to decide shall conform to regulations in clause
1 of this Article.
3. The replacement of
Judges and/or Court Clerks when processing the civil matters shall comply with regulations in clause
1 and clause 2 Article 368 of this Code.
4. Within 03 working days
from the day on which the Court session/meeting is postponed, the court’s Chief
Justice shall assign the replacing persons.
Article
57. Tasks and powers of procuracy chairpersons
1. When supervising the
law observance in the civil proceedings, the procuracy chairperson shall have
the following tasks and powers:
a) To organize and direct
the work of supervising law observance in civil proceedings;
b) To decide on
assignment of procurators to supervise law observance in civil proceedings, to
participate in Court sessions for adjudication of civil lawsuits,
sessions/meetings for resolution of civil matters according to the provisions
of this Code; to decide on assignment of inspectors to carry out the civil
procedures for civil cases, ensuring the principle specified in clause 2
Article 16 of this Code;
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d) To appeal according
to appellate, cassation or reopening procedures against Courts judgments or
decisions according to the provisions of this Code;
dd) To make requests,
proposals according to regulations in this Code;
e) To settle complaints
and/or denunciations under the provisions of this Code;
g) To perform the tasks
and powers prescribed in law.
2. When the Procuracy
Chairperson is absent, a deputy-procuracy chairperson shall be authorized by
the Chairperson to perform his/her tasks and powers, except for the power prescribed
in point d clause 1 of this Article. The Deputy-procuracy chairperson shall be
answerable to the procuracy chairperson for the authorized tasks and powers.
Article
58. Tasks and powers of procurators
When assigned by the procuracy
chairperson to supervise the law observance in civil proceedings, the
procurators shall have the following tasks and powers:
1. To investigate the
return of the petition;
2. To investigate the
acceptance and resolution of civil cases;
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4. To attend Court sessions/meetings
and express opinions of procuracies about the resolution of cases according to
provisions of this Code;
5. To inspect
judgments/decisions of courts;
6. To request Courts to
conducted procedural activities as provided for in this Code;
7. To request competent
Chairpersons of procuracy to appeal against judgments/decisions of Courts that
is contrary to law;
8. To control the
procedural activities of participants; to request competent agencies and
organizations to handled violations of participants in procedures against law;
9. To perform other civil
procedural tasks and powers falling within competence of procuracies as
prescribed in this Code.
Article
59. Tasks and powers of inspectors
When assigned to conduct
the civil procedures, the inspectors shall have the following tasks and powers:
1. To study the case
files and report the results to procurators;
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3. To assist procurators to
conduct inspection of the compliance with law provisions in civil procedures.
Article
60. Replacement of procurators/inspectors
Procurators/inspectors
must refuse to conduct civil procedures or be replaced in the following cases:
1. In one of the cases prescribed
in Article 52 of this Code;
2. They have acted as
proceeding officers in such cases in the capacity as the Judge, People’s
Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector.
Article
61. Procedures for refusal to conduct the civil proceedings and procedures for
request for replacement of the procurators/inspectors
1. Before the opening of
Court sessions, the refusal to conduct the civil proceedings and the request
for the replacement of the procurators must be made in writing, clearly stating
the reason(s) and grounds therefor.
The refusal to conduct
the civil proceedings and the request for the replacement of the inspectors
must be made in writing, clearly stating the reason(s) and grounds therefor.
2. At the Court session,
the refusal to conduct the procedures or the request for the replacement of the
procurators must be recorded in the minutes of the Court sessions.
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1. Prior to the opening
of Court sessions, the replacement of procurators shall be decided by the
chairpersons of the procuracies of the same level; if the to be-replaced
procurators are procuracy chairpersons, their replacement shall be decided by
the chairpersons of the immediate superior procuracies.
The replacement of the
inspectors shall be decided by the procuracy chairpersons at the same level.
2. In Court sessions, the
replacement of procurators shall be decided by the trial panels after listening
to the opinions of the to be-replaced persons. The trial panels shall discuss
matters in the deliberation rooms and make decisions by majority.
The decision on
postponement of the Court session for the replacement of procurators shall be
decided by the trial panels. The appointment of procurators as the replacement
shall be decided by the chairpersons of the procuracies of the same level. If
the to be-replaced procurators are chairpersons of the procuracies, their
replacement shall be decided by the chairpersons of the immediate superior
procuracies.
3. The replacement of
procurators when processing the civil matters shall comply with regulations in clause
3 Article 368 of this Code.
4. Within 03 working days
from the day on which the Court session/meeting is postponed, the procuracy chairperson
shall assign the replacing persons and send the Court a written notification.
Chapter
V
COMPOSITION OF PANELS FOR RESOLUTION OF
CIVIL CASES
Article
63. Panel for first-instance trial over civil lawsuits
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If the case involves
minor people, People’s Jurors being people who are working at Communist Youth
Union of Ho Chi Minh City, Vietnam Women’s Union, family affair authorities,
children affair authorities must participate in the first-instance trial panel.
Regarding labor cases,
People’s Jurors being people who have worked or are working in a employee
collective’s representative organization or people having knowledge in labor
law shall participate in the first instance trial panel.
Article
64. Panel for appellate trial over civil lawsuits
The panel for appellate
trial over civil lawsuits shall be composed of three Judges, except for cases
specified in Article 65 of this Code.
Article
65. Adjudication of civil lawsuits under simplified procedures
The first-instance trial,
appellate trial procedures for civil lawsuits under simplified procedures shall
be conducted by one Judge.
Article
66. Panel for cassation or reopening trial over civil lawsuits
1. The Committee of
Judges of Collegial People’s Court shall carry out the cassation or reopening
trial through a trial panel including 3 Judges or the whole of the Committee of
Judges of Collegial People’s Court.
2. The Council of Judges
of the Supreme People’s Court shall carry out the cassation or reopening trial
through a trial panel including 5 Judges or all of Judges of the Supreme
People’s Court.
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1. The civil, marriage
and family, business, trade or labor petitions prescribed in Clause 5 of
Article 27, Clause 9 of Article 29, Clauses 4 and 5 of Article 31, and clauses
2, 3 and 4 Article 34 of this Code or the appeals against civil matter-settling
decisions shall be settled by a board of three Judges.
2. The civil, marriage
and family, business, trade or labor petitions which do not fall within the
cases prescribed in Clause 1 of this Article shall be settled by one Judge.
3. Arrangement for
resolution of business or trade petitions prescribed in Clause 2, Article 31 of
this Code shall comply with law regulations on commercial arbitration.
Chapter
VI
PARTICIPANTS IN CIVIL PROCEDURES
Section
1. INVOLVED PARTIES IN civil cases
Article
68. Involved parties in civil cases
1. The involved parties
in civil lawsuits are agencies, organizations and individuals, including the
plaintiffs, the defendants and the persons with related interests and
obligations.
The involved parties in
civil matters are agencies, organizations and individuals, including the
persons petitioning settlement of civil matters and persons with related
interests and obligations.
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Agencies and
organizations prescribed by this Code, which initiate civil lawsuits to request
Courts to protect the public interests, the State’s interests in the domains
under their respective charges are also plaintiffs.
3. The defendant in a
civil lawsuit is the person against whom the plaintiff initiates a lawsuit or
the other agencies, organizations and individuals prescribed by this Code
initiates a lawsuit to request the Court to resolve the civil lawsuit when they
holds that the legitimate rights and interests of the plaintiff have been
infringed upon by such person.
4. The persons with
related interests and/or obligations in civil lawsuits are those who neither initiate
lawsuits nor are sued, but the resolution of the civil lawsuits is related to
their interests and/or obligations and, therefore they themselves, or other
involved parties, request to include them in the proceedings in the capacity as
the persons with related interests and/or obligations and such requests are
accepted by courts.
Where the
resolution of a civil lawsuit is related to the interests and/or obligations of
a person but no one requests to include him or her in the proceedings in the capacity
as the persons with related interests and/or obligations, the Court shall have
to include that person in the proceedings in the capacity as the person with
related interests and/or obligations.
5. The persons
petitioning the resolution of civil matters are those who petition the Court to
or not to recognize a legal event to form the basis for the arising of rights
and/or obligations relating to civil issues, marriage and family, business,
trade and labor of themselves or of other agencies, organizations and
individuals; and/or petition the Court to recognize their rights and/or
obligations relating to civil issues, marriage and family, business, trade,
labor.
6. The persons with
related interests and/or obligations in civil matters are those who do not
petition the resolution of civil matters, but the resolution of the civil
matters is related to their interests and/or obligations and, therefore they
themselves, or other involved parties in the civil matters, request to include
them in the proceedings in the capacity as the persons with related interests
and/or obligations and such requests are accepted by the Courts.
Where the resolution of a
civil matter is related to the interests and/or obligations of a person but no
one requests to include him or her in the proceedings in the capacity as the
persons with related interests and/or obligations, the Court shall have to
include that person in the proceedings in the capacity as the person with
related interests and/or obligations.
Article
69. The involved parties’ civil procedure law capacity and civil procedure act
capacity
1. The civil procedure
law capacity means the capability to have the law-prescribed rights and
obligations in civil procedures. Every agencies, organizations and individuals
shall have the same civil procedure law capacity in petitioning the Court to
protect his/her/its legitimate rights and interests.
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3. The involved parties
being persons aged full 18 years or older shall have full civil procedure act
capacity, except for legally incapacitated person or except otherwise provided
for by law.
Regarding persons with
limited capacity of exercise, people with limited cognition or behavior
control, their civil procedure act capacity shall be determined according to
the decision of the Court.
4. The involved parties
being persons aged under 6 years or persons losing their civil act capacity
shall not have the civil procedure act capacity. The exercise of the civil
proceeding rights and/or obligations of such persons, the protection of the
legitimate rights and interests of such persons at Courts shall be performed by
their lawful representatives.
5. For the involved
parties being persons aged between full 6 and under 15 years, the protection of
their civil proceeding rights and/or obligations and the protection of
legitimate rights and interests of such persons at Courts shall be performed by
their lawful representatives.
Regarding persons with
limited capacity of exercise, people with limited cognition or behavior
control, their civil procedure act rights and/or obligations and the protection
of their legitimate rights and interests shall be determined according to the
decision of the Court.
6. The involved parties
being persons aged between full 15 years and under 18 years, who have worked
under labor contracts or involved in civil transactions with their own
properties shall have the right to participate in civil procedures themselves
regarding matters related to such labor or civil relations. In such cases, the
Court shall have the right to summon their lawful representatives to participate
in the procedures. For other matters, the exercise of the civil proceeding
rights and/or obligations of such persons at Courts shall be performed by their
lawful representatives.
7. The involved parties
being agencies, organizations shall participate in civil procedures through
their lawful representatives.
Article
70. Rights and obligations of the involved parties
The involved parties
shall have equal rights and obligations when participating in civil procedures.
When participating in civil procedures, the involved parties shall have the
following rights and obligations:
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2. To advance Court fees
and charges and pay Court fees and charges and other expenses as prescribed by
law;
3. To provide sufficiently
and accurately address of their residence/work place; during the resolution of
cases, any change of address of residence/workplace shall be promptly notified
other involved parties and the Court;
4. To maintain, modify,
supplement or withdraw their petitions in accordance with this Code;
5. To supply materials
and evidences; to prove to protect their legitimate rights and interests;
6. To petition agencies,
organizations and individuals that are keeping or managing materials and
evidences to supply such materials and evidences to them;
7. To petition the Court
to verify and collect materials and evidences of the cases which they cannot
perform themselves; petition the Court to request other involved parties to
present materials and evidences they are keeping; petition the Court to issue
the decision to request the agencies, organizations and individuals that are
keeping and managing the materials/evidences to supply such materials and
evidences; request the Court to summon witnesses, to ask for expertise,
evaluation or price appraisal;
8. To read and take
notes, make photocopies of materials and evidences produced by other involved
parties or collected by courts, except for materials and evidences specified in
clause 2 Article 109 of this Code;
9. To send
other involved parties or their lawful representatives photocopies of the
petition and materials and evidences, excluding evidences and materials that
other involved parties have been provided with as prescribed in clause 2
Article 109 of this Code.
For cases where the
photocopies of lawsuit petition, materials and evidences cannot be made due to
good and sufficient reasons, they may request the Court to assist;
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DĐ:
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11. To reach agreement
with one another on the resolution of cases: to participate in mediation
conducted by courts;
12. To receive regular
notices for the exercise of their rights and obligations;
13. To protect by themselves
or ask other persons to protect their legitimate rights and interests;
14. To petition the
replacement of civil proceeding officers or participants in civil procedures in
accordance with this Code;
15. To participate in the
Court sessions according to the provisions of this Code;
16. To be present
according to Court summons and abide by Court decisions during the settlement
of their cases;
17. To ask the Courts to
summon persons with related interests and obligations to participate in civil
procedures;
18. To ask Courts to
suspend the settlement of their cases in accordance with this Code;
19. To make questions to
other persons on matters related to the cases or to propose to Courts matters
which need to be questioned on other persons; to confront each other or
witnesses;
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(028) 3930 3279
DĐ:
0906 22 99 66
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21. To be provided with
extracts of Court judgments, judgments or decisions;
22. To appeal against or
complain about Court judgments or decisions in accordance with Code;
23. To ask competent
persons to appeal according to cassation or reopening procedures against
legally effective judgments or decisions of courts;
24. To strictly abide by
legally effective judgments or decisions of courts;
25. To enjoy rights of
involved parties in a way that such rights are not misused to obstruct the
procedures of Courts and/or other involved parties; to bear the consequences prescribed
by this Code if failing to fulfill obligations;
26. To have other rights
and obligations prescribed by law.
Article
71. Rights and obligations of the plaintiffs
1. The involved parties’
rights and obligations prescribed in Article 70 of this Code.
2. To modify the contents
of lawsuit claims; withdraw part or whole of their lawsuit claims.
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Article
72. Rights and obligations of the defendants
1. The involved parties’
rights and obligations prescribed in Article 70 of this Code.
2. To be notified by
Courts of the lawsuits against them.
3. To agree or disagree
with part or whole of the claims of the plaintiff, persons with related
interests and/or obligations who have independent claims.
4. To make counter-claims
against the plaintiffs if they are related to the plaintiffs’ claims or set off
the obligations claimed by the plaintiffs. For counter-claims, the defendants
shall have the plaintiffs’ rights and obligations prescribed in Article 71 of
this Code.
5. To make independent
claims for persons with relevant interests and/or obligations and such claims
shall relevant to the lawsuit settlement. For independent claims, the
defendants shall have the plaintiffs’ rights and obligations prescribed in
Article 71 of this Code.
6. If the counter-claims
or the independent claims are not accepted by the Court to be resolved in the
same case, the defendant may initiate another lawsuit.
Article
73. Rights and obligations of the persons with related interests and/or
obligations
1. Persons with related
interests and/or obligations shall have the following rights and obligations:
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b) To be allowed to make
independent claims or participate in the procedures on the side of the
plaintiffs or the defendants.
2. If the persons with related
interests and obligations make independent claims and such independent claims
are related to the lawsuit settlement, they shall have the plaintiffs’ rights
and obligations prescribed in Article 71 of this Code. If different independent
claims are not accepted by the Court to be resolved in the same case, the
persons with related interests and/or obligations may initiate another lawsuit.
3. If the persons with
related interests and/or obligations participate in the procedures on the side
of the plaintiff or only have interests, they shall have the plaintiffs’ rights
and obligations prescribed in Article 71 of this Code.
4. If the persons with
related interests and/or rights participate in the procedures on the side of
the defendants or only have obligations, they shall have the defendants’ rights
and obligations prescribed in Article 72 of this Code.
Article
74. Inheritance of procedural rights and obligations.
1. Where the involved
parties being individuals die while participating in the procedures and their
property rights and obligations are inherited, their heirs shall participate in
the procedures.
2. Where the involved
parties being agencies or organizations have to terminate their operations or
to be dissolved, consolidated, merged, divided, separated or organizationally
transformed while participating in the procedures, the inheritance of their
procedural rights and obligations shall be determined as follows:
a) Where the
organizations that have to terminate their operations or to be dissolved are
joint-stock companies, limited liability companies or partnerships, the
individuals and/or organizations being members of such organizations or their
lawful representatives shall participate in the procedures;
b) Where the agencies,
organizations that have to terminate their operations or to be dissolved are
regulatory agencies, people’s armed force units, political organizations,
socio-political organizations, professional and socio-political organizations,
social organizations, socio-professional organizations or state-owned
enterprises, the lawful representatives of the superior agencies of such
agencies/organizations or the lawful representatives of the
agencies/organizations which take over the former’s rights and obligations
shall participate in the procedures;
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3. Where the owners of
the organizations are changed and the rights and obligations are transferred to
the new owners, the new owners shall inherit the procedural rights and
obligations.
4. Where the
organizations received the rights and obligations according to civil law provisions,
such organizations shall inherit the procedural rights and obligation.
5. Where the
organizations other than legal persons participate in the procedures but their
representatives or managers die, such organizations shall have to appoint other
persons as their representatives to participate in the procedures; if such
organizations fail to appoint representatives or have to terminate their
operations or to be dissolved, the individuals being members of such
organizations shall participate in the procedures.
Section
2. OTHER PARTICIPANTS IN THE PROCEDURES
Article
75. Defense counsels of involved parties’ legitimate rights and interests
1. The defense counsels
of involved parties’ legitimate rights and interests are persons who
participate in the procedures to protect the involved parties’ legitimate
rights and interests.
2. The following persons
can act as defense counsels of the involved parties legitimate rights and
interests when they were asked by the involved parties and have been accepted
by Courts to participate in the procedures to protect the involved parties’
legitimate rights and interests:
a) Lawyers who
participate in the procedures under the provisions of the legislation on
lawyers;
b) Legal aid officers or
persons participating in legal aid under the law on legal aid;
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DĐ:
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d) Vietnamese citizens
who have full civil act capacity, have clean criminal records or have been
expunged convictions, who do not fall into the cases subject to the application
of administrative handling measures; who are not cadres or civil servants in
the Court or procuracy sector, officers or non-commissioned officers in the
public security force.
3. The defense counsels
of the involved parties’ legitimate rights and interests can defend the
legitimate rights and interests of more than one involved party in the same
case, if those persons’ legitimate rights and interests do not conflict each
other. Many defense counsels of the involved parties’ legitimate rights and
interests may jointly defend the legitimate rights and interests of one
involved party in a case.
4. When applying the
Court to carry out the registration procedure for defense counsels of involved
parties’ legitimate rights and interests, the applicant shall present the
following papers:
a) The lawyers shall
present papers according to regulations in the Law on lawyers;
b) Legal aid officers or
persons participating in legal aid under the law on legal aid shall present the
written appointment for legal aid issued by the organizations providing legal
aid and the cards of legal aids or lawyer’s card;
c) Representatives of
employee collective’s representative organization shall present the writing
that such organizations have appointed them to defend the legitimate rights and
interests of the employees/collective labor;
d) Vietnamese citizens
satisfying conditions specified in point d clause 2 of this Article shall
present the written petitions of the involved parties and their identity
papers.
5. After checking papers,
if the applicant is satisfactory to act as the defense counsel of the involved
parties’ legitimate rights and interests as prescribed in clauses 2, 3 and 4 of
this Article, within 03 working days from the day on which the application is
received, the Court shall record to the register the defense counsel of the
involved parties’ legitimate rights and interests and shall certify the
application for defense counsels of the involved parties. If the application is
rejected, the Court shall send the applicant a written notification containing
the explanation.
Article
76. Rights and obligations of defense counsels of the involved parties’
legitimate rights and interests
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2. To collect and supply materials
and evidences to courts; to study case files and to take notes, to copy
necessary materials in the case files in order to defend the legitimate rights
and interests of the involved parties, except for materials and evidences
specified in clause 2 Article 109 of this Code.
3. To participate in
mediation, Court sessions or make their written defense of the legitimate
rights and interests of the involved parties to Courts for consideration.
4. To petition on behalf of
the involved parties the replacement of proceeding officers and/or other
procedure participants according to the provisions of this Code.
5. To provide involved
parties with legal aid related to the defense of their legitimate rights and
interests; if they are authorized by the involved parties, they shall receive
the papers and procedural documents that are transmitted or notified by the
Court on behalf of the involved parties and shall give then to the involved
parties.
6. To comply with rights
and obligations specified in clauses 1, 6, 16, 17, 18, 19 and 20 of Article 70
of this Code.
7. To have other rights
and obligations prescribed by law.
Article
77. Witnesses
Persons who know details
related to the contents of cases may be summoned by Courts at the request of
the involved parties to participate in the procedures in the capacity as
witnesses. Persons who lose their civil act capacity cannot act as witnesses.
Article
78. Rights and obligations of witnesses
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2. To honestly declare
details they know, which are related to the resolution of cases.
3. To refuse to make
declarations if their declarations are related to State secrets, professional
secrets, business secrets, personal secrets, family secrets or such
declarations adversely affect or harm the involved parties being their close
relatives.
4. To be off duty while
the Courts summon them or take their testimonies, if they work in agencies or
organizations.
5. To be paid related
expenses according to law provisions.
6. To petition the Courts
which have summoned them and competent agencies to protect their lives, health,
honor, dignity, properties and other legitimate rights and interests when
participating in the procedures; to complain about procedural acts of
proceeding officers.
7. To compensate and take
legal responsibility for damage caused to the involved parties or other persons
by their untruthful testimonies.
8. To be present at
courts, Court sessions/meetings under the court’s summon of the Courts if the
witness’s testimony must be given publicly at courts, Court sessions/meetings;
where witnesses fail to show up in Court sessions/meetings without good and
sufficient reasons and their absence obstruct the adjudication/resolution, the
Judges, the trial panels or the civil matter resolution council may issue
decisions to escort them to Court sessions/meetings, unless the witnesses are
minors.
9. To make commitments
before Courts to perform their rights and obligations, except for cases where
the witnesses are minors.
Article
79. Expert-witnesses
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Article
80. Rights and obligations of expert-witnesses
1. Expert-witnesses shall
have the following rights and obligations:
a) To read documents in
the case files which are related to the to be-expertised objects; to petition
Courts to provide documents necessary for the expertise;
b) To question
participants in legal procedures about matters related to the to be –
expertised objects;
c) To be present under
the courts’ summons; present, explain and answer questions related to the
expertise and expertising conclusions in an honest, well-grounded and objective
manner;
d) To notify the Courts
in writing of the impossibility to conduct the expertise as the matters needed
to be expertised go beyond their professional capability and/or the documents
supplied in service of the expertising are inadequate or unusable;
dd) To preserve the
received documents and return them to Courts together with their expertising
conclusions or with the notices on impossibility to conduct expertise;
e) Not to arbitrarily
collect materials for conducting the expertise nor to contact other
participants in the procedures if such contacts effect the expertising results;
not to disclose secret information they know while conducting the expertise nor
to inform the expertising results to other persons, except for the Judges who
decide to request the expertise;
g) To be paid related
expenses according to law provisions;
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2. Expert-witnesses must
refuse to take the job or be replaced in the following cases:
a) They fall into one of the
cases prescribed in Clauses 1 and 3 of Article 52 of this Code or Article 34 of
the Law on judicial expertise;
b) They have participated
in the procedures in the capacity as defense counsels of the legitimate rights
and interests of the involved parties, as witnesses or interpreters in the same
case;
c) They have acted as
proceeding officers in such cases in the capacity as the Judge, People’s
Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector.
Article
81. Interpreters
1. Interpreters are
persons capable of translating a foreign language into Vietnamese and vice
versa in cases where procedure participants are unable to use Vietnamese.
Interpreters shall be selected by an involved party or under the agreement
between involved parties and are accepted or requested by courts.
2. People who understand
language of disabled persons or can use language of disabled people are also
considered interpreters.
Where only
representatives or relatives of disabled persons can understand and use their language,
such representatives or relatives may be accepted by Courts to act as
interpreters for such disabled persons.
Article
82. Rights and obligations of interpreters
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a) To be present under
courts’ summons;
b) To interpret
truthfully, objectively and accurately;
c) To request proceeding
officers and/or participants to additionally explain their words which need to
be interpreted;
d) Not to contact other
procedure participants if such contacts affect the truthfulness, objectiveness
and accuracy of their interpretation;
dd) To be paid related
expenses according to law provisions;
e) To make commitments
before Courts to perform their rights and obligations.
2. Interpreters must
refuse to take the job or be replaced in the following cases:
a) They fall into one of
the cases prescribed in Clauses 1 and 3 of Article 52 of this Code;
b) They have participated
in the proceedings in the capacity as defense counsels of the legitimate rights
and interests of involved parties, witnesses or expert-witnesses in the same
case;
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Article
83. Procedures for refusing to give expertise opinions or interpretations or
requesting the replacement of expert-witnesses or interpreters.
1. The refusal to give
expertise opinions or interpretations or the request for replacement of
expert-witnesses or interpreters prior to the opening of Court sessions must be
made in writing, clearly stating the reasons therefor.
2. The refusal to give
expertise opinions or interpretations or the request for replacement of
expert-witnesses or interpreters in Court sessions must be recorded in the
minutes of the Court sessions.
Article
84. Deciding on replacement of expert-witnesses, interpreters
1. Prior to the opening
of Court sessions, the replacement of expert-witnesses and/or interpreters
shall be decided by courts’ Chief Justices.
2. In the Court session,
the replacement of the expert-witnesses and/or interpreters shall be decided by
the Judges, Trial panels, civil matter-resolving councils after listening to
the to be-replaced persons. The trial panels and the civil matter-resolving
councils shall discuss matters in the deliberation rooms and make decisions by
majority.
Where expert-witnesses or
interpreters must be replaced, the Judges, the Trial panels or the Civil
matter-resolving council shall issue decisions to postpone the Court sessions.
The request for other expert-witnesses or interpreters shall comply with the
provisions of Articles 79 and 81 of this Code.
Article
85. Representatives
1. The representatives in
civil procedures comprise the representatives at law and the proxy
representatives. The representatives can be individuals or legal entities as
defined in Civil Code
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Agencies, organizations
and individuals that initiate lawsuit to protect the legitimate rights and
interests of others shall also be the representatives at law of the protected
persons in the civil procedures.
3. Employee collective’s
representative organizations shall be lawful representatives of collective of
employees initiating lawsuits over labor cases, participate in procedures at
Courts when legitimate rights and interests of the collective of employees are
infringed upon; employee collective’s representative organizations are in
charge of representing employees in initiating lawsuits over labor cases and
participate in procedures when being authorized by employees.
If multiple employees
filing the same claim towards the employer of the same enterprise/unit, such
employees may authorize a representative from the employee collective’s
representative organization to represent them in initiating lawsuits over labor
cases and participate in procedures at the Court.
4. The proxy
representatives as defined in the Civil Code shall be the proxy representatives
in the civil procedures.
For the divorce, the
involved parties must not designate any other persons to participate in the
procedure on their behalf. If parents or other relatives of the involved
parties petition the Courts to resolve the divorce cases as prescribed in
clause 2 Article 51 of the Law on marriage and family, they such be the
representatives.
Article
86. Rights and obligations of representatives
1. The representatives at
law in civil procedures shall exercise the procedural rights and obligations of
the involved parties within the scope they represent.
2. The proxy
representatives in civil procedures shall exercise the procedural rights and
obligations of the involved parties according to the written authorization.
Article
87. Cases of disallowance to act as representatives
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a) They are also the
involved parties in the same case with the represented persons where their
legitimate rights and interests are contrary to those of the represented
persons;
b) They are acting as
representatives at law in civil procedures for other involved parties whose
legitimate rights and interests are contrary to those of the represented
persons in the same case.
2. The provisions in
Clause 1 of this Article shall also apply to the case of proxy representatives
in civil procedures.
3. Officials or employees
in the court, procuracy or police sectors must not act as representatives in
civil procedures, except for cases where they participate in civil procedures
in the capacity as representatives of their agencies or as representatives at
law.
Article
88. Appointing representatives in civil procedures
1. While civil procedures
are conducted, if any involved party is the minor persons, legally
incapacitated persons, persons with limited capacity of exercise, persons with
limited cognition or behavior control but has no representative or his/her
representative at law falls into one of the cases specified in Clause 1,
Article 87 of this Code, the Court must appoint the representative to
participate in the proceedings at courts.
2. In labor cases where involved
parties are those specified in clause 1 of this Article or where the employees
are minor persons and they have no representatives and the Courts fail to
appoint the employee collective’s representative organization as prescribed in
clause 1 of this Article, the Courts shall appoint organization representing
collective labor to represent such employees.
Article
89. Termination of the representation in civil procedures
The representatives at
law, the proxy representatives in civil procedures shall terminate their
representation according to the provisions of the Civil Code.
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1. In cases where the
representation at law terminates while the represented persons have come of age
or had their civil act capacity restored such persons shall participate in
civil procedures themselves or authorize other persons to participate in civil
procedures according to procedures prescribed by this Code.
2. In cases where the
proxy representation terminates, the involved parties or their heirs shall
participate in civil procedures in person or authorize other persons to
participate in the procedures according to the procedures prescribed by this
Code.
Chapter
VII
PROOFS AND EVIDENCES
Article
91. Obligations to prove
1. The involved parties
who petition the Courts to protect their legitimate rights and interests must
collect, introduce and supply the Courts with materials and evidences to prove
that such petitions are well-grounded and lawful, except for the following
cases:
a) Litigators are
customers who are not required to prove faults of organizations and individuals
trading goods and/or services Organizations and individuals trading goods/services
that are sued shall be obliged to prove that they have no fault that leads to
the damage as provided for in the Law on consumers’ right protection;
b) Involved parties being
employees in labor cases fail provide or supply the Courts materials and
evidences because such materials/evidences are being under the management and
retention of employers, thus the employers shall provide and supply such
materials and evidences to the Courts.
If an involved party
initiating a lawsuit over the unilateral termination of a labor contract in
case where the employer is not allowed to have the right to unilaterally
terminate the labor contract or where the employer fails to enforce labor
discipline on the employee as prescribed in legislation on labor, the obligation
to prove must be fulfilled by the employer;
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2. The involved parties
that protest against other persons’ claims against them must present in writing
and must collect, introduce and supply the Courts with materials and evidences
to prove such protests.
3. Agencies,
organizations and individuals that initiate lawsuit to protect public
interests, the State’s interests, or petition Courts to protect others’
legitimate rights and interests must collect, provide and supply the Courts
with evidences to prove that their lawsuits or petitions are well-grounded and
lawful.
Social organizations that
protect interests of the consumers do not have the obligation to prove the faults
of organizations/individuals trading goods/services according to the Law on
protection of customer’s rights.
4. If the involved
parties that are obliged to introduce evidences to prove but fail to introduce
evidences or fail to introduce adequate evidences, the Courts shall resolve the
civil cases according to the collected evidences in the dossier about the
cases.
Article
92. Details and facts that are not required to be proved
1. The following details
and facts are not required to be proved:
a) Details and facts that
are clear and come to everyone’s knowledge and are accepted by courts;
b) Details and facts that
have been identified in the Court judgments or decisions which are legally
effective or in decisions of competent State bodies which have come into force;
c) Details and facts that
have been recorded in writing and have been notarized or authenticated. If
there is any suspicion of the objectiveness of such details/facts or the
objectiveness of the notarized/authenticated writing, the Judge may request the
involved parties or the notarizing/certifying agencies to present the original
copies.
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3. If an involved party
has a representative to participate in the procedures, that representative’s
acknowledgement shall be regarded as the acknowledgement of such involved party
if it does not exceed the representative scope.
Article
93. Evidences
Evidences in civil cases
are factual things which are handed to Courts by involved parties, agencies,
organizations or individuals or gathered by Courts according to the order and
procedures prescribed by this Code and are used by Courts as bases to determine
objective details of the cases as well as to determine whether the involved
parties’ claims or protests are well grounded and lawful or not.
Article
94. Sources of evidence
Evidences are gathered
from the following sources:
1. Readable, audible or
visible materials, electronic data;
2. Exhibits;
3. Involved parties’
testimonies;
4. Witnesses’
testimonies;
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6. On-site appraisal
minutes;
7. Property evaluation
and price appraisal results;
8. Written records of
legal facts or acts that are formulated by functional persons;
9.
Notarized/authenticated documents;
10. Other sources
prescribed by law.
Article
95. Identifying evidences
1. Contents-readable materials
shall be regarded as evidences if they are originals or copies lawfully
notarized or authenticated or supplied and certified by competent agencies or
organizations.
2. Audible, visible
materials shall be regarded as evidences if they are presented together with
documents about the origins of such materials (applicable to materials recorded
by the presenting persons themselves) or the documents certified by the one
providing such materials for the presenting persons about the origins of those
materials or documents related to such audio and/or video recording.
3. Electronic data shall
be presented in form of exchange of electronic data, electronic invoices,
electronic mails, telegram, telegraphy, facsimile and other similar forms
according to legislation on electronic transactions.
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5. Involved parties’
testimonies, witnesses’ testimonies shall be regarded as evidences if they are
recorded in writing or in audio-tapes, audio-discs, or video-tapes or discs or
other audio or image recording devices as provided for in Clause 2 of this
Article, or are given orally in Court sessions.
6. Expertising
conclusions shall be regarded as evidences if the expertise is conducted in
accordance with the procedures prescribed by law.
7. On-site appraisal
minutes shall be regarded as evidences if the appraisal is conducted in
accordance with the procedures prescribed by law.
8. Property evaluation
results and price appraisal results shall be regarded as evidences if the
evaluation/appraisal is carried out in accordance with the procedures
prescribed by law.
9. Written records of
legal facts or acts that are formulated on site by functional persons shall be
regarded as evidences if the formulation of such records is carried out
according to the procedures prescribed by law.
10.
Notarized/authenticated documents shall be regarded as evidences if the
notarization/authentication is conducted according to the procedures prescribed
by law.
11. Other sources
prescribed by law shall be determined to be evidences according to requirements
and procedures prescribed by law.
Article
96. Hand-over of materials and evidences
1. During the process of
resolving civil cases by courts, the involved parties shall have the rights and
obligations to hand over materials and evidences to the courts. If the handed
materials/evidences are inadequate to form the base for resolution of the
matters/cases, the Judge shall request the involved parties to supplement the
materials/evidences. If the involved parties fail to hand over the
materials/evidences or do not hand over adequately the materials/evidences
requested by the Courts, the Courts shall resolve the civil cases pursuant to
the materials and evidences handed over by the involved parties and those
collected by the Courts according to regulations in Article 97 of this Code.
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3. The
materials/evidences submitted in ethnic minority languages or foreign languages
to Courts by the involved parties must be enclosed with their Vietnamese
translations that are lawfully notarized or authenticated.
4. Deadline for handing
over materials and evidences shall be defined by the Judges in charge of the
cases provided that such time does not exceed the duration of preparation for
adjudication according to first-instance procedures and/or the duration of
preparation for resolution of civil matters according to regulations in this
Code.
If the Courts request the
involve parties to hand over materials and evidences but the involved parties
fail to comply with due to good and sufficient reason and supply the required
materials and evidences when decisions to bring the cases to trial according to
first-instance procedures and the decisions to hold meetings to resolve the
civil matters have been issued, such involved parties must prove the reasons
for the lateness of supply of such materials/evidences. Regarding materials and
evidences which the Courts did not request the involved parties to supplied or
materials and evidences that the involved parties cannot know about during the
resolution of the cases according to first-instance procedures, the involved
parties may supply and present such materials/evidences in first-instance trial
sessions or the meetings for resolving civil matters or later procedural stages
of the resolution of such civil cases.
5. When materials and
evidences hand over to the Courts, there must be their copies sent to other
involved parties or lawful representatives or other involved parties; regarding
materials and evidences specified in clause 2 Article 109 of this Code or
materials and evidences whose copies cannot be made, written notifications must
be sent to other involved parties or lawful representatives of other involved
parties.
Article
97. Verification and collection of evidences
1. Agencies,
organizations and individuals may collect materials and evidences themselves by
taking the following measures:
a) Collecting readable,
audible or visible materials, electronic data;
b) Collecting exhibits;
c) Defining witnesses and
collecting confirmation of the witnesses;
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dd) Requesting the
People’s Committees of communes to authenticate the signatures of the
witnesses;
e) Requesting the Courts
to collect materials and evidences, in case the involved parties cannot do it;
g) Requesting the Courts
to issue the decisions on request for expertise or property evaluation;
h) Requesting agencies,
organizations and individuals to conduct other tasks as prescribed by law.
2. In cases prescribed by
this Code, the Courts may take one or a number of the following measures to
collect materials and evidences:
a) Taking testimonies of
the involved parties, witnesses;
b) Holding confrontations
between involved parties and between involved parties and witnesses;
c) Requesting expertises;
d) Conducting property
evaluation;
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e) Entrusting the
collection and verification of documents and evidence;
g) Requesting agencies,
organizations and individuals to supply readable, audible and visible materials
or other exhibits related to the resolution of civil cases;
h) Verifying the presence
or absence of the involved parties at the residence;
i) Other measures
according to regulations in this Code.
3. When applying the
measures specified in Points c, d, dd, e, and, Clause 2 of this Article, the
Judges must issue decisions clearly stating the reasons for the application and
the request of the courts.
4. In the process of
cassation trial, reopening trial, the Ombudspersons may take the measures
specified in points a, g and h clause 2 of this Article.
When the ombudspersons
take the measures specified in Points g Clause 2 of this Article, the Courts
must issue decisions clearly stating the reasons for the application and the
request of the courts.
5. Within 03 working days
from the day on which the Courts collected the materials/evidences, the Courts
shall notify the involved parties of those materials/evidences so that they can
exercise their rights and obligations.
6. The procuracy shall
collect materials/evidences to ensure the exercise of appeal jurisdiction
according to the appellate, cassation trial or reopening trial procedures.
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1. Judges shall take the
testimonies of involved parties only when the latter have not yet made the
written testimonies or the contents of their written testimonies are
insufficient and/or unclear. The involved parties must write the testimonies
themselves and sign their names thereon. Where the involved parties cannot
write the testimonies by themselves, the Judges shall take their testimonies.
The taking of involved parties’ testimonies shall only focus on details
declared inadequately and/or unclearly by the involved parties. The Judges
themselves or the Court clerks shall record the involved parties’ testimonies
in the minutes. Judges shall take testimonies of the involved parties at the
Court offices or outside the Court offices in case of necessity.
2. The minutes recording
involved parties’ testimonies must be read or heard and signed or fingerprinted
by such involved parties. The involved parties may petition amendments and/or
supplements to be inscribed in the testimony-recording minutes and sign or
fingerprint for certification. The minutes must be signed by the persons who
take the testimonies, the minute recorders and affixed with court’s seals. If
the minutes are made in loose pages, each page must be signed and affixed with seal
in both margins. In cases where the minutes of taking the involved parties’
testimonies are made outside the Court offices, the testimony taking must be
certified by witnesses or by the People’s Committees or police offices of
communes, wards, townships or by agencies or organizations where the minutes
are made.
3. The taking of involved
parties’ testimonies in one of the cases prescribed in Clauses 4 and 5, Article
69 of this Code must be carried out in the presence of the lawful
representatives of such involved parties.
Article
99. Taking testimonies of witnesses
1. At the request of the
involved parties or when it is deemed necessary, Judges may take testimonies of
witnesses at Court offices or outside Court offices.
Before taking testimonies
of witnesses, the Judges must provide the witnesses with information about
rights and obligations of witnesses and request the witnesses to undertake the
truthfulness of their testimonies.
2. The procedures for
taking witnesses’ testimonies shall be the same as those for taking the
involved parties’ testimonies provided for in Clause 2, Article 98 of this
Code.
3. The taking of
testimonies of witnesses aged not full 18 years, or of persons with limited
capacity of exercise or persons with limited cognition or behavior control must
be carried out in the presence of their representatives at law or guardians.
Article
100. Confrontation
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2. Confrontations must be
recorded in minutes which must be signed by the participants in such
confrontations.
Article
101. On-site inspection/appraisal
1. At the request of the
involved parties or when it is deemed necessary, the Judges shall carry out
on-site inspections/appraisals in the presence of representatives of People’s
Committees of communes or Police offices of communes/wards/townships or
agencies/organizations where exits the objects which need to be
inspected/appraised; the on-site inspections/appraisals must be notified in
advance so that the involved parties know and witness such inspections/appraisals.
2. On-site
inspections/appraisals must be recorded in minutes. The minutes must clearly
state the inspection/appraisal results, clearly describe the sites, contain the
signatures of the persons that conduct the inspections/appraisals and the signatures
or fingerprints of the involved parties if they are present, of the
representatives of the commune-level People’s Committees or Police offices of
communes/wards/townships or agencies/organizations where exist the to
be-inspected/appraised objects and others that are invited to participate in
the inspections/appraisals. After completing the minutes, the persons that
conduct the inspections/appraisals must request the representatives of the
commune-level People’s Committees or Police offices of communes/wards/townships
or agencies/organizations where exist the objects which need to be
inspected/appraised to sign and seal for certification.
3. Any obstruction of the
inspection/appraisal is forbidden.
4. If there is any
obstruction of the on-site inspection/appraisal, the Judge may request the
assistance of People’s Committees of communes or Police offices of
communes/wards/townships exist the objects subject to on-site
inspection/appraisal.
Article
102. Request for expertise
1. Involved parties may
petition Courts to request expertise or request expertise themselves if the
involved parties’ applications for referenda for expertise have been rejected
by the Courts. The right to apply for expertise shall be exercised before the
Courts issued decisions to bring the cases to trial according to first-instance
procedures or decisions to hold the meetings for resolving civil matters.
2. At the request of
involved parties of when it is deemed necessary, Judges shall decide to conduct
referenda for expertise. In decisions to request an expertise, names and
addresses of expert-witnesses, objects of expertise, expertise matters and
requests that need conclusions of expert-witnesses must be specified.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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4. At the request of
involved parties or when it is deemed necessary, the Courts shall make
decisions to conduct referenda for additional expertises if the expertising
conclusions are not satisfactory or when new issues relating to details of the
cases that have been given expertising conclusions formerly.
5. The re-expertise shall
be conducted if there are grounds for presuming that the initial expertise
conclusions are inexact and contrary to law or of special cases according to
decisions of Chairpersons of the Supreme People’s Procuracy and/or Chief
Justices of the Supreme People’s Court according to provisions of the Law on
judicial expertise.
Article
103. Requesting expertise of evidences denounced to be forgery
1. Where evidences are
denounced to be forgery, the suppliers of such evidences may withdraw them. If
not, the denouncers may request the courts, or the Courts decide themselves, to
solicit expertises as provided for in Article 102 of this Code.
2. Where the evidence
forgery shows criminal signs, the Courts shall transfer the relevant materials
and evidences to the competent criminal investigation bodies for consideration
according to regulations in laws on criminal procedures.
3. The suppliers of evidences
that are concluded to be forged evidences must compensate for damage if the
forgery of such evidences causes damage to others and must pay the cost of
expertise if the Court decides to request expertise.
Article
104. Property evaluation and price appraisal
1. Involved parties may
provide the price of the properties that are being in dispute or reach
agreement about the price of the properties that are being in dispute.
2. The parties may reach
agreement on the selection of property appraisal organizations to conduct the
evaluation of properties and provide the price evaluation results for the
Courts.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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3. Courts shall make
decisions on property price assessment and set up Price Assessment Councils in
the following cases:
a) At the request of
involved parties;
b) Involved parties
failed to reach agreement about selection of price assessment organizations or
offered prices were different or agreement about prices has not been reached;
c) Parties reach
agreements with each other or with price assessment councils the prices which
are lower than the market prices of the area where the properties are located
at the time of price assessment to evade fulfilling obligations to the State or
the third parties or there are grounds proving that the price assessment
organizations commit violations against law provisions when conducting price
assessment.
4. Procedures for
establishment of Price Assessment Council and procedures for price assessment:
a) Price Assessment
Councils shall be established by Courts and shall consist of the
representatives of financial agencies as the Chairpersons and representatives
of relevant specialized agencies as members. Persons who have conducted procedures
in such cases and persons specified in Article 52 of this Code must not be
members of Price Assessment Councils.
Price Assessment Councils
shall conduct assessment only when no members of the Councils are absent. When
it is necessary, representatives of People’s Committees of communes where the
to be-assessed properties are located shall be invited to witness the
assessment. Involved parties shall be priorly notified of time and place of
price assessment, shall be entitled to attend and express opinions about the
price assessment. Price Assessment Councils shall be entitled to make decisions
on prices of the properties which are assessed;
b) Financial agencies and
specialized agencies which are relevant shall be responsible for assigning
persons to be members of Price Assessment Councils and enable them to fulfill
tasks. Persons assigned to be members of Price Assessment Councils shall
participate fully the assessment. If financial agencies and/or specialized
agencies fail to assign persons to be members of Price Assessment Councils,
Courts shall request competent immediate management agencies to direct
financial agencies and specialized agencies to fulfill their requests. If
persons who are assigned to be members of Prices Assessment Councils are absent
without plausible reasons, Courts shall request heads of agencies having
assigned such persons shall consider responsibility and appoint replacements
and notify the Courts so that the price assessment could be conducted;
c) Price assessment must
be recorded into minutes where opinions of each present members and involved
parties shall be specified. Decisions of Price Assessment Councils must be
approved by more than half of their members. Members of Price Assessment
Councils, involved parties and witnesses shall append signatures or
fingerprints to the minutes.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
105. Entrusting the collection of evidences
1. In the course of
resolving civil cases, a Court may issue a decision to entrust another Court or
a competent agency defined in Clause 4 of this Article to take the testimonies
of involved parties, and/or witnesses, to conduct on-site appraisals or
property evaluations or other measures to gather evidences and to verify
details of the civil cases.
2. The entrustment decisions
must clearly state the names and addresses of the plaintiffs and the
defendants, the disputed relationship and specific entrusted jobs to collect of
evidences.
3. The Court that
receives the entrustment decision shall have the responsibility to perform the
specific assignments within 1 month from the day on which the entrustment
decision is received and shall notify in writing the results to the Court that
has issued the entrustment decision. In cases where it cannot realize the
specific assignments, it must send a written notification of such failure
stating clearly the reasons therefor to the Court that has issued the
entrustment decision.
4. If the collection of
evidences must be carried out overseas, the Courts shall conduct the
entrustment procedures through Vietnamese competent agencies or competent
agencies of foreign countries that sign International treaty with the Socialist
Republic of Vietnam.
5. If the Courts fail to
conduct the entrustment as prescribed in clauses 3 and 4 of this Article or the
Courts have conducted the entrustment but the results are not sent, the Courts
shall lawsuit settlement pursuant to the evidences that have filed in the civil
lawsuit dossier.
Article
106. Requesting agencies, organizations and individuals to supply materials and
evidences
1. Involved parties may
request agencies, organizations and individuals to supply materials and
evidences. Any involved parties requesting agencies, organizations and
individuals to supply materials and/or evidences shall make a written
application clearly stating the to be-supplied materials/evidences; reasons for
supply; full names and addresses of individuals, names and addresses of
agencies/organizations that are managing or keeping the to be-supplied
materials/evidences.
Agencies, organizations
or individuals shall supply materials and evidences to involved parties within
15 days from the day on which the requests are received; otherwise, written
responses containing explanation shall be made and sent to the requesters.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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The involved parties that
request the Courts to gather materials/evidences shall make written
applications clearly stating the point(s) to be proved, the evidence to be
gathered, the reasons why they cannot gather the evidences by themselves; full
names and addresses of the individuals, agencies or organizations that are
managing or keeping the evidences which need to be collected.
3. When there are
requests of involved parties or when it is deemed necessary, the Courts shall
issue decisions requesting agencies, organizations and individuals that are
managing or keeping the materials/evidences to supply those materials/evidences
to the Courts.
Agencies, organizations
and individuals managing or keeping the materials/evidences have the
responsibility to supply adequately materials and evidences at the request of
the Courts within 15 days from the day on which the requests are received;
after such time limit, if such agencies, organizations or individuals fail to
supply adequately materials and evidences at the request of the Courts, they
shall make written responses containing explanation. Any agencies, organizations
or individuals failing to comply with the requests of the Courts without good
and sufficient reasons shall be administratively sanctioned or shall face
criminal prosecution as prescribed by law, depending on nature and severity of
the violations. The administrative penalties or criminal prosecution as
prescribed by law imposed on the agencies, organizations or individuals shall
not mean the exemption from supply of materials/evidences to the Courts.
4. If the procuracies
request the materials/evidences, the agencies, organizations and individuals
shall comply with regulations in clause 3 of this Article.
Article
107. Preserving materials and evidences
1. If materials/evidences
have been handed over at courts, the preservation of such materials/evidences
shall rest with the courts.
2. If materials/evidences
cannot be handed over at courts, the preservation of such materials/evidences
shall rest with the materials/evidence keepers.
3. Where it is necessary
to hand over materials/evidences to the third persons for preservation, Judges
shall issue decisions and make minutes of the hand-over to those persons for
preservation. The persons undertaking the preservation must sign the minutes,
be entitled to remuneration and bear the responsibility for preserving such materials/evidences
as prescribed by law.
4. Any destruction of
materials/evidences shall be strictly forbidden.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. The assessment of
evidences must be objective, comprehensive, adequate and accurate.
2. Courts must assess evidences
one by one, the link between evidences and determine the lawfulness, the
relevance and the proving capacity of every evidence.
Article
109. Disclosing and using materials and evidences
1. Any evidence shall be
publicly and equally disclosed and used, except for cases specified in Clause 2
of this Article.
2. Courts shall not
disclose material/evidence contents related to State secrets, fine customs and
practices of the nation, professional secrets, business secrets, family secrets
or secrets of individuals’ private lives at the legitimate requests of the
involved parties; however, Courts shall notify the involved parties of the
materials/evidences that must not be disclosed.
3. Proceeding officers
and procedure participants must keep secret, as provided for by law, materials
and evidences specified in Clause 2 of this Article.
Article
110. Protecting evidences
1. Where evidences are
being destroyed or are in danger of being destroyed or are hard to be gathered
in the future, the involved parties may request the Courts to decide to apply
necessary measures to preserve the evidences. The requests of the involved
parties must be made in writing. The Courts may decide to apply one or several
of the measures including sealing, keeping, photographing, audio-recording,
video-recording, restoration, examination, minutes making and other measures.
2. Where witnesses are
cheated, threatened, compelled or bought off for the purpose of not supplying
evidences or supplying untruthful evidences, the Courts shall have the right to
issue decisions to force the persons who have committed acts of cheating,
threatening, compelling or buying off the witnesses to terminate their acts.
Where the acts show criminal signs, the Courts shall request procuracies to
examine the penal liability.
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(028) 3930 3279
DĐ:
0906 22 99 66
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PROVISIONAL EMERGENCY MEASURES
Article
111. Right to petition the application of provisional emergency measures
1. During the resolution
of civil lawsuits, the involved parties or their lawful representatives or agencies,
organizations or individuals instituting the cases defined in Article 187 of
this Code may petition the Courts handling such cases to apply one or more
provisional emergency measures provided for in Article 114 of this Code to
provisionally deal with the urgent petitions of the involved parties, to
protect lives, health, properties, gather and protect evidences, preserving
their current conditions in order to avoid irrecoverable damage and to ensure
the lawsuit settlement or judgment execution.
2. In urgent cases where
it is necessary to immediately protect evidences or to prevent possible serious
consequences, relevant agencies, organizations and individuals may petition the
competent Courts to issue decisions to apply provisional emergency measures
prescribed in Article 114 of this Code, simultaneously with the submission of
applications to initiate the lawsuits to such courts.
3. The Courts shall issue
decisions on their own to apply the provisional emergency measures only in the
cases provided for in Article 135 of this Code.
Article
112. Competence to decide on the application, change or cancellation of
provisional emergency measures
1. Before the opening of
a Court session, the application, change or cancellation of provisional
emergency measures shall be considered and decided by a Judge.
2. In the Court sessions,
the application, change, cancellation of provisional emergency measures shall
be considered and decided by the trial panels.
Article
113. Responsibilities for improper application of provisional emergency
measures
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. If the Courts apply
the provisional emergency measures improperly, thus causing damage to those
subject to such measures or to the third persons, the Courts shall have to pay
compensation therefor in the following cases:
a) The Courts have
applied the provisional emergency measures on their own;
b) The Courts have
applied other provisional emergency measures than those petitioned by
agencies/organizations/individuals;
c) The Courts have
applied the provisional emergency measures beyond the petitions of agencies,
organizations and individuals;
d) The Courts have
applied the provisional emergency measures unconformably with the time limit
prescribed by law or the Courts fail to apply the provisional emergency
measures without good and sufficient reasons.
3. The compensation
specified in clause 2 of this Article shall comply with regulations in the Law
on State compensation liability.
Article
114. Provisional emergency measures
1. Sending minor persons,
legally incapacitated persons, person with limited cognition or behavior
control to individuals or organizations for looking after, nurturing, taking
care of and educating.
2. Forcing the prior
performance of part of the alimony obligation.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
4. Forcing the employers
to provide the employees with advance wages, health insurance, social
insurance, treatment cost for occupational accidents or occupational diseases
or compensations, allowances for occupational accidents or occupational
diseases.
5. Suspending the
execution of decisions on unilateral termination of labor contract or decisions
on dismissal of employees.
6. Distraining the
disputed properties.
7. Prohibiting the
transfer of property right over the disputed properties.
8. Prohibiting the change
of the current conditions of disputed properties.
9. Permitting the
harvesting, sale of subsidiary food crops or other products, commodities.
10. Freezing accounts at
banks or other credit institutions, State treasury; freezing properties at
places of their deposit.
11. Freezing properties
of the obligor.
12. Prohibiting involved
parties from performing, or forcing them to perform certain acts.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
14. Prohibiting the
contact with victims of family violence.
15. Suspending the bid closing
and activities related to bidding.
16. Arresting aircrafts
or ships to ensure the lawsuit settlement.
17. Other provisional
emergency measures provided for by law.
Article
115. Sending minor persons, legally incapacitated persons, person with limited
cognition or behavior control to individuals or organizations for looking
after, nurturing, taking care of and educating.
The sending of minor
persons, legally incapacitated persons, person with limited cognition or
behavior control to individuals or organizations for looking after, nurturing,
taking care of and educating shall be applied if the resolution of cases
involves such persons who have no guardians.
The sending of minors who
are from full 7 years old or elder shall be carried out after considering their
expectation.
Article
116. Forced prior-performance of part of the alimony obligation
The forced
prior-performance of part of the alimony obligation shall be applied if the
resolution of cases is related to alimony petitions which are deemed well-grounded
and the failure to immediately perform in advance part of the alimony
obligation shall affect the health and/or life of the persons entitled to the
alimony.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Forced prior-performance
of part of the obligation to pay compensation for damage to health or life
shall be applied if the case resolution is related to petitions for
compensation for damage to health or life.
Article
118. Forcing of the employers to provide the employees with advance wages,
health insurance, social insurance, treatment cost for occupational accidents
or occupational diseases or compensations, allowances for occupational
accidents or occupational diseases
Forcing the employers to
provide the employees with advance wages, health insurance, social insurance,
treatment cost for occupational accidents or occupational diseases or
compensations, allowances for occupational accidents or occupational diseases
shall be applied to protect the lawful rights and obligations of employees
pertaining to wages, insurance, compensation, allowances, healthcare services
as prescribed by law.
Article
119. Suspending the execution of decisions on unilateral termination of labor
contract or decisions on dismissal of employees
The suspension of the
execution of decisions on unilateral termination of labor contract or decisions
on dismissal of employees shall be applied if the lawsuit settlement related to
the unilateral termination of labor contract, dismissal of employees is of
cases the employers are not allowed to execute the right to unilaterally
terminate the labor contract or dismiss the employees as prescribed by the
legislation on labor.
Article
120. Distraining disputed properties
1. The distraint of
disputed properties shall be applied if in the course of settling cases there
are grounds showing that the keepers of the disputed properties are committing
acts of dispersing or destroying the properties.
2. The distrained
properties may be kept and preserved at the offices of the judgment-executing
bodies or assigned in minutes to one involved party or the third person for
management until a decision of the Court is issued.
Article
121. Prohibiting the transfer of property right over disputed properties.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
122. Prohibiting the change of existing conditions of disputed properties
The prohibition to change
the existing conditions of disputed properties shall apply if in the process of
settling cases there are grounds showing that the persons possessing or keeping
the disputed properties are committing acts of disassembly, assembly, expansion
or other acts, thus changing the existing conditions of such properties.
Article
123. Permitting to harvest and sell subsidiary food crops or other products or
commodities
The permission to harvest
and sell subsidiary food crops or other products and commodities shall be
applied if in the course of settling cases, disputed properties are related to
subsidiary food crops or other products, commodities, which are in the period
of harvesting or cannot be preserved for a long time.
Article
124. Freezing accounts at banks, other credit institutions, State Treasury
Freezing accounts at
banks, other credit institutions, State Treasury shall be applied if in the
course of settling cases there are grounds showing that the obligors have
accounts at banks, other credit institutions or State Treasury and the
application of this measure is necessary to ensure the settlement of the cases
or to ensure the judgment enforcement.
Article
125. Freezing properties at depositories
Freezing properties at
depositories shall be applied if in the course of settling cases there are
grounds showing that the obligors have their properties deposited and the
application of this measure is necessary to ensure the settlement of the cases
or to ensure the judgment enforcement.
Article
126. Freezing the obligors’ properties
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
127. Prohibiting or forcing the performance of certain acts
Prohibiting or forcing
the performance of certain acts shall be applied if in the course of settling
cases there are grounds showing that the non-performance or performance of
certain acts by involved parties or agencies, organizations and/or individuals
affects the case resolution or the legitimate rights and interests of others
that are involved in the cases being resolved by courts.
Article
128. Prohibiting the obligors from leaving Vietnam
Prohibiting the obligors
from leaving Vietnam shall be applied if there are grounds showing that the
lawsuit settlement is related to their obligations towards the State or other
agencies, organizations and/or individuals and their leaving from Vietnam affects
the case resolution, the interests of the State, legitimate rights and
interests of other agencies, organizations and individuals or to ensure the
judgment enforcement.
Article
129. Prohibiting the contact with victims of family violence
Prohibiting the contact
with victims of family violence shall be applied if it is necessary for
protecting lives, health and honor of the victims of family violence as
prescribed in the Law on family violence prevention and control.
Article
130. Suspending the bid closing and activities related to bidding
The suspension of bid
closing, approval for shortlists and/or results of selection of contractors and
investors, contract conclusion or contract execution shall be applied if the
course of case resolution shows that the application of such measures is
necessary for ensuring the case resolution conformable to the law provisions.
Article 131. Arresting
aircrafts or seagoing ships to ensure the case resolution
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Courts shall make
decisions on the application of provisional emergency measures to arrest ships
in the following cases:
a) Persons who initiate
lawsuits against civil lawsuits apply for arrest of seagoing ships to ensure
the settlement of their marine complaints;
b) Owners of ships are
persons who have obligation about properties in the cases being in settle and
are still ships’ owners at the time of application of provisional emergency
measures to arrest ships;
c) Demise charterers,
time charterers, voyage charterers or ship operators are person having
obligations about properties in civil lawsuits arising from marine complaints
prescribed in Vietnam Marine Code and are still demise charterers, time
charterers, voyage charterers or ship operators or ship owners at the time of
application of provisional emergency measures to arrest seagoing ships;
d) Disputes are being
settled in the cases arising on the basis of the mortage of such seagoing
ships;
dd) Disputes are being
settled in cases related to the ownership or the right of possession of such
seagoing ships.
3. Procedures for
arresting aircrafts or seagoing ships shall comply with law regulations on
arrest of aircrafts/seagoing ships.
Article
132. Other provisional emergency measures
Apart from provisional
emergency measures specified in clause 1 to clause 16 Article 114 of this Code,
the Courts shall resolve the petitions for application of other provisional
emergency measures prescribed in other laws.
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DĐ:
0906 22 99 66
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1. Any person who
petitions the Court to apply a provisional emergency measure must make an
application and send it to a competent court. Such application must contain the
following principal details:
a) Date of the
application;
b) Name, address; phone
number, fax, e-mail address (if any) of the petitioner for the application of
provisional emergency measures;
c) Name, address; phone
number, fax, e-mail address (if any) of the persons subject to the application
of provisional emergency measures;
d) Summarized contents of
the dispute or act of infringing upon the legitimate rights and interests of
his/her own;
dd) Reasons for the
application of the provisional emergency measures;
e) Provisional emergency
measures to be applied and specific requirements.
Depending on the requests
for application of provisional emergency measures, the petitioners must provide
the Courts with evidences to prove the necessity to apply such provisional
emergency measures.
2. The petition for
application of provisional emergency measures in cases specified in clause 1
Article 11 of this Code shall be resolved as follows:
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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b) If the trial panels
receive the applications at the Court sessions, the trial panels shall
consider, discuss and resolve the petitions at the courtrooms. If the
application is accepted, the trial panels shall issue the decisions to apply
the provisional emergency measures immediately or when the petitioners have
applied the security measures prescribed in Article 136 of this Code. The
security measures shall be applied since the trial panel has issued the
decisions to force the application of security measures but the petitioner must
present evidences about the completion of application of security measures
before the trial panel members get in the deliberation room; if the petition
for application of provisional emergency measures is rejected, the trial panel
shall immediately announce the refusal and recorded it to the Court minute.
3. Regarding petitions
for application of provisional emergency measures specified in clause 2 Article
111 of this Code, when the written petitions enclosed with petitions and
evidences have been received, Chief Justices of the Courts shall immediately
assign Judges to solve the petitions. Within 48 hours since a petition is
received, the Judge shall consider and make decision to apply provisional
emergency measures; if the petition is rejected, the Judge shall issue a
written notification containing explanation for the petitioner.
4. For cases where
provisional emergency measures specified in clauses 10 and 11 Article 144 of this
Code are applied, only accounts, properties valuing equivalent to financial
obligations that the persons liable to provisional emergency measures are
obliged to fulfill shall be blockaded.
Article
134. Recommendation for application of provisional emergency measures of
agencies, organizations and individuals initiating lawsuits to protect public
interests, State interests and lawful rights and interests of other people
Agencies, organizations
and individuals initiating lawsuits specified in Article 187 of this Code shall
recommend the Courts to apply provisional emergency measures; such
recommendation shall contain the reasons; provisional emergency measures which
should be applied; names and addresses of persons lawful rights and interests
which need to be protected; names and addresses of persons on whom provisional
emergency measures should be applied; summaries of disputes, infringement upon
lawful rights and interests of involved parties and evidences proving that
their recommendations are grounded and lawful.
Article
135. Courts make decisions on application of provisional emergency measures by
themselves
Courts shall make
decisions on application of provisional emergency measures specified in clauses
1, 2, 3, 4 and 5 Article 114 of this Code by themselves in cases where the
involved parties do not petition the application of provisional emergency
measures.
Article
136. Forcible application of security measures
1. The persons who
petition the Courts to apply one of the provisional emergency measures prescribed
in Clauses 6, 7, 8, 10, 11, 15 and 16 Article 114 of this Code must submit to
the Courts guarantee invoices deposit a money sum, precious metals, precious
stones or valuable papers as determined by the courts, which must be equivalent
to the property obligation to be performed by the obligor in order to protect
the interests of the persons against whom the provisional emergency measures
are applied and to prevent the abuse of right to petition the application of
the provisional emergency measures by petitioners.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Sums of money,
precious metals, gemstones or valuable papers must be put into escrow account
at banks of where the offices of the Courts making decisions to apply
provisional emergency measures are located within the time defined by the
Courts.
If the security measures
are conducted on holidays or on days-off, the sums of money subject to security
measures shall be retained at the Courts. The Courts shall conduct submitting
and receiving procedures and shall immediately send such amount to the banks on
the next working days.
Article
137. Changing, additionally applying provisional emergency measures
When the provisional
emergency measures being applied are deemed no longer suitable and need to be
changed or other provisional emergency measures should be additionally applied,
the procedures for changing the provisional emergency measures or additionally
applying other provisional emergency measures shall comply with the provision
in Article 133 in this Code.
Article
138. Cancellation of the application of provisional emergency measures
1. The Courts shall
immediately issue decisions to cancel the applied provisional emergency
measures in one of the following cases:
a) It is so petitioned by
the persons who have petitioned the application of provisional emergency
measures;
b) The persons who are
obliged to execute the decisions on application of provisional emergency
measures shall deposit property as security or other persons apply measures to
secure the performance of the obligations toward the petitioners;
c) Civil obligations of
the obligor terminate as provided for in the Civil Code;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
dd) The decisions on
application of provisional emergency measures are unconformable to the
provisions of this Code;
e) The grounds for
application of the provisional emergency measures are no longer existed;
g) The cases have been
resolved with judgments/decisions of the Courts that have been effective;
h) The Courts have
returned the lawsuit petitions as prescribed in this Code.
2. In case of canceling
the application of provisional emergency measures, the Courts must consider and
permit the persons who have petitioned the application of provisional emergency
measures to receive back the security invoices which are secured with assets of
banks or other credit organizations security money sums, precious metals,
precious stones or valuable papers prescribed in Article 136 of this Code,
except for the cases specified in Clause 1, Article 113 of this Code.
3. Procedures for
issuance of decisions on cancelation of application of provisional emergency
measures shall comply with regulations in Article 133 of this Code. If there
are effective judgments/decisions of the Courts, the resolution of petitions
for cancelation of decisions on application of provisional emergency measures
shall be resolved by a Judge assigned by the Chief Justice of the Courts having
issued the decisions on application of provisional emergency measures.
Article
139. Effect of decisions on application, change or cancellation of provisional
emergency measures
1. Decisions on
application, change, or cancellation of provisional emergency measures shall
take immediate implementation effect.
2. The Courts must issue
or send decisions on application, change or cancellation of provisional
emergency measures to the petitioners, the persons subject to the application
thereof, and relevant agencies, organizations and individuals and competent
civil judgment-executing bodies and procuracies of the same level immediately
after the issuance of such decisions.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
The involved parties
shall have the right to complain, and the procuracies shall have the right to
submit recommendations to the Chief Justices of Courts which are settling cases
about decisions on application, change or cancellation of provisional emergency
measures, or about the non-issuance of such decisions by Judges. The time limit
for lodging a complaint or recommendation is 03 working days from the day on
which the decisions on application, change or cancellation of provisional
emergency measures or the replies of Judges about the non-issuance of decisions
on application, change or cancellation of provisional emergency measures are
received.
Article
141. Complaint, recommendations about decisions on application, change or
cancellation or non-application, non-change, non-cancellation of provisional
emergency measures
1. The Chief Justices of
Courts must consider and settle complaints and recommendations prescribed in
Article 140 of this Code within 03 working days from the day on which the
complaints or recommendations are received.
2. The Chief Justices’
decisions on settlement of complaints, recommendations shall be the final ones
and must be issued or sent immediately according to the provisions of Clause 2,
Article 139 of this Code.
3. In Court sessions, the
settlement of complaints or recommendations falls within the jurisdiction of
the trial panels. The trial panels’ decisions on settlement of complaints or
recommendations shall be the final ones.
Article
142. Execution of decisions on application, change or cancellation of
provisional emergency measures
1. The decisions on
application, change or cancellation of provisional emergency measures shall be
executed in accordance with law regulations on civil judgment execution.
2. If the decisions on
application of provisional emergency measures involve properties with
registration of right to ownership and/or right to enjoyment, the involved
parties are obliged to submit copies of the decisions to the agencies managing
the registration of right to ownership and/or right to enjoyment.
Chapter
IX
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Section
1. Court FEES AND CHARGES
Article
143. Court fee advance, charge advance; Court fees and charges
1. Court fee advances
shall include first-instance Court fee advances and appellate Court fee
advances.
2. Court fees shall
include first-instance Court fees and appellate Court fees.
3. Charge advances for
civil matter resolution shall include first-instance charge advances and
appellate charge advances.
4. Charges shall include
charges for providing copies of judgments, decisions or other documents of
courts, charges for submitting applications requesting Courts to settle civil
matters, charges for settlement of civil matters and other charges stipulated by
law.
Article
144. Handling of collected Court fee advance, charge advance, Court fees and
charges
1. All collected Court
fees and charges must be fully and timely remitted into the State budget at the
State Treasury.
2. Court fee advance and
charge advance shall be submitted to the competent judgment-executing agencies
for deposit in custody accounts opened at the State Treasury, and shall be
withdrawn for judgment execution under Court decisions.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
In cases where the
persons who have advanced Court fees and/or charges are entitled to partial or
full reimbursement of the amounts they have paid under Court judgments or
decisions, the judgment-executing agencies which have collected the Court fee
advances or charge advances must carry out procedures to return the money to
them.
4. In cases where the
resolution of the civil cases is suspended, the already advanced Court fees
and/or advanced charges shall be disposed when the resolution of the civil
cases resumes.
Article
145. Regime of collection and expenditure of Court fee advances, charge
advances, Court fees and charges
The collection of Court
fee advances and Court fees, charge advances and Court charges; and the payment
of Court fee advances, charge advances must comply with law provisions.
Article
146. Obligation to advance Court fees and advance charges
1. The plaintiffs, the
defendants who have made counter-claims against the plaintiffs and the persons
with related rights and interests who have made independent claims in civil
lawsuits must advance first-instance Court fees; the persons who have made
appeals must advance appellate Court fees, except for cases where they are
exempted from, or do not have to pay Court fee advances.
2. Persons who have
submitted applications petitioning Courts to settle civil matters must advance
charges for the resolution of such civil matters, except for cases where they
are exempt from, or do not have to pay the charge advances.
Regarding persons
applying for recognition of voluntary divorces and agreements on child custody
and property division upon divorce, husbands and wives may agree about the
payment of charge advances, except for cases where they are exempt from, or do
not have to pay the charge advances according to law provisions. If spouses fail to
agree the payment of charge advance, each of them shall pay a half of the
charge advance.
Article
147. Obligation to bear first-instance Court fees
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. In cases where the
involved parties cannot themselves determine their portions in the common
properties and petition the Courts to settle the division of the common
properties, each party must bear the first-instance Court fee corresponding to
the value of the property portion she/he enjoys.
3. Prior to the opening
of Court sessions, the Courts shall conduct mediations; if the involved parties
have reached mutual agreement on the resolution of cases, they must bear 50% of
the first-instance Court fee level prescribed in Clauses 1 and 2 of this
Article.
4. The plaintiffs in
divorce cases must pay first-instance Court fees, without depending on whether
the Courts accept their petitions or not. In cases where both parties
voluntarily agree on their divorce, each involved party must bear half of the
first-instance Court fees.
5. If an involved party
to a case is exempted from the first-instance Court fee, then the other
involved party shall still have to pay the first-instance Court fee payable
under Clauses 1, 2, 3 and 4 of this Article.
6. Where the case is
suspended, the obligation to pay first-instance Court fee shall be decided when
the resolution of the case resumes in accordance with the provisions in this
Article.
Article
148. Obligation to bear first-instance Court fees
1. The appellant must pay
the appellate Court fees, if the appealed first-instance judgments or decision
are upheld by the Courts of appeal, except for cases where the appellants are
exempted from, or do not have to pay such fees.
2. The appellants shall
not pay the appellate Court fees, if the appealed first-instance judgments or
decisions are amended by the Courts of appeal. The Courts of appeal must
re-determine the obligation to bear first-instance Court fees as provided for
in Article 147 of this Code.
3. Where the Courts of
appeal abrogate the appealed first-instance judgments/decisions for re-trial
under first-instance procedure, the appellants shall not be obliged to bear the
appellate Court fees. The obligation to bear Court fees shall be re-determined
when the cases are retried under first-instance procedure.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. The obligation to bear
charges shall be determined depending on specific types of civil matters and
shall be specified in law.
2. Regarding persons
applying for recognition of voluntary divorces and agreements on child custody
and property division upon divorces, husbands and wives may agree about the
payment of charges, except for cases where they are exempt from, or do not have
to pay the charges according to law provisions.
If spouses fail to agree the
payment of charge, each of them shall pay a half of the charge.
Article
150. Specific regulations on Court fees and charges
Pursuant to the
provisions of the Law on fees and charges and provisions of this Code, the
Standing committee of the National Assembly of the Socialist Republic of
Vietnam shall issue specific regulations on Court fees and charges; rates of Court
fees and charges for specific matters/cases; cases eligible for exemption or
reduction from Court fees and charges, cases not subject to paying Court fees
and charges; regulations on collection, payment, management and use of Court
fees and charges.
Section
2. OTHER PROCEDURAL EXPENSES
Article
151. Overseas request for judicial assistance expense advance, overseas request
for judicial assistance expense
1. Overseas request for
judicial assistance means a sum of money temporarily calculated by the Court
to be pay for request for judicial assistance upon the collection and supply of
evidences or delivery of papers, documents and materials and the summoning of
witnesses or expert witnesses and requests for judicial assistance related to
the settlement of a civil case.
2. Overseas request for
judicial assistance expense means the necessary and reasonable sum of money to
be paid for the performance of request for judicial assistance according to law
provisions of Vietnam and the country requested for request for judicial
assistance.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Plaintiffs or
appellants according to appellate procedures or other involved parties in civil
lawsuits must pay the overseas request for judicial assistance expense advance
if their requests results in the overseas request for judicial assistance.
2. Petitioners for
settlement of civil matters or appellants according to appellate procedures or
other involved parties in civil matters must pay the overseas request for
judicial assistance expense advance if their requests results in the overseas
request for judicial assistance.
Article
153. Obligation to bear overseas request for judicial assistance expense
Unless otherwise agreed by
involved parties or provided for by laws, the obligation to bear the overseas
request for judicial assistance expense shall be determined as follows:
1. Involved parties must
bear the overseas request for judicial assistance expense if their requests
for settlement of cases are rejected by the Courts;
2. In case where the
Court is requested to divide a common property, each person who has received a
share from such property must bear the overseas request for judicial assistance
expense amount proportionate to the value of the property share he/she has
received;
3. In divorce cases,
plaintiffs must pay the overseas request for judicial assistance expense,
regardless of whether the Courts accept their requests or not. In cases where both
parties voluntarily agree on their divorce, each involved party must bear half
of the overseas request for judicial assistance expense;
4. If the settlement of
the cases is suspended as prescribed in point c clause 1 Article 217, point b
clause 1 Article 299 of this Code, the plaintiffs must bear the overseas
request for judicial assistance expense.
If the settlement of the
cases is suspended as prescribed in point b clause 1 Article 289, clause 3
Article 296 of this Code, the appellants according to appellate procedures must
bear the overseas request for judicial assistance expense;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
154. Handling of overseas request for judicial assistance expense advance
1. If the person who has
paid the request for judicial assistance advance is not liable for the request
for judicial assistance expense, the person who has to bear such expense under
the decision of the Court shall refund such advance to the former.
2. In cases where the
person who has paid the request for judicial assistance expense advance is liable
for the request for judicial assistance expense and the advance that has been
paid is smaller than the actual request for judicial assistance expense, such
person must pay the deficit; if the paid advance is bigger than the actual
request for judicial assistance expense, such person shall receive the surplus
according to the court’s decision.
Article 155. On-site
inspection/appraisal expense advance, on-site inspection/appraisal expense
1. On-site inspection/appraisal expense
advance means a sum of money that is estimated by the Court to be paid for the
on-site inspection/appraisal.
2. On-site inspection/appraisal expense
means a necessary and reasonable sum of money to be paid for the on-site
inspection/appraisal pursuant to law provisions.
Article 156. Obligation to
pay on-site inspection/appraisal expense advance
1. Persons who request the Courts to conduct on-site
inspection/appraisal must pay the on-site inspection/appraisal expense advance
at the request of the Court.
2. In cases where the Courts deem it is necessary and decide to
conduct on-site inspection/appraisal, the plaintiffs, the persons requesting for settlement of civil
matters and the appellants according to appeallate procedures must pay the
on-site inspection/appraisal advance.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Unless otherwise agreed
by involved parties or provided for by laws, the obligation to bear the on-site inspection/appraisal expense shall be determined as follows:
1. Involved parties must
bear the on-site inspection/appraisal
expense if their requests are rejected by the
Courts;
2. In cases where the Court
is requested to divide a common property, each person who has received a share
from such property must bear the on-site
inspection/appraisal expense amount
proportionate to the value of the property share he/she has received;
3. In divorce cases,
plaintiffs must pay the on-site
inspection/appraisal expense, regardless of
whether the Courts accept their requests or not. In cases where both parties
voluntarily agree on their divorce, each involved party must bear half of the on-site inspection/appraisal expense;
4. If the settlement of
the cases is suspended as prescribed in point c clause 1 Article 217, point b clause 1 Article
299 of this Code, the plaintiffs must bear the on-site inspection/appraisal
expense.
If the settlement of the
cases is suspended as prescribed in point b clause 1 Article 289, clause 3
Article 296 of this Code, the appellants according to appellate procedures must
bear the on-site inspection/appraisal
expense;
5. For other cases where
the settlement is suspended according to regulations of this Code, persons who request for the inspection/appraisal must bear the on-site
inspection/appraisal expense.
Article 158. Handling of
on-site inspection/appraisal expense advances
1. If the person who has
paid the on-site inspection/appraisal advance is not liable for the on-site inspection/appraisal
expense, the person who has to bear such expense under the decision of the
Court shall refund such advance to the former.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article 159. Expertise expense advance, expertise expense
1. Expertise expense advance means a sum of money estimated by
the expert-witness to be paid for the expertise under the Court’s decision or
at the request of the involved parties.
2. Expertise expense means a necessary
and reasonable sum of money to be paid for the expertise that is calculated by the expert-witness pursuant to law provisions.
Article
160. Obligation to pay expertising expense advances
In cases where the
parties do not otherwise agree or the law does not otherwise prescribe, the
obligation to pay expertising expense advances shall be determined as follows:
1. Persons requesting the
Courts to request expertise must pay the expertising expense advances.
If the involved parties
requesting the Courts to request expertise on the same objects, each involved
party must pay a half of the expertising expense advances;
2. If the Courts deem
that it is necessary to request expertise and decide to request expertise, the
involved parties, the requesters for civil matter resolution, the appellants
under appellate trial procedure must pay the expertising expense advances;
3. If involved parties,
requesters for civil matter resolution, appellants whose applications for
expertise request are rejected by the Courts request other
organizations/individuals to conduct expertises, the expertising expense
advances shall be paid according to provisions of the Law on judicial
expertise.
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In cases where the
parties do not otherwise agree or the law does not otherwise prescribe, the
obligation to bear expertising expenses shall be determined as follows:
1. The persons who
request for expertising request must bear the expertising expenses if the
expertising results prove that their requests are groundless. If the
expertising results prove that their requests are partially grounded, they must
pay the expertising expenses for the requested parts that are proved
groundless;
2. The persons who do not
accept the expertising requests of other involved parties to the cases must pay
the expertising expenses if the expertising results prove that the expertising
requests are well grounded. If the expertising results prove that the requests
are partially grounded, the persons who do not accept the expertising requests
must bear the expertising expenses for the requested parts that are proved
well-grounded;
3. For termination of
case resolution specified in point c clause 1 Article 217 and point b clause 1
Article 299 of this Code, the plaintiffs must bear the expertising expenses.
For cases where the
appellate trial is terminated as prescribed in point b clause 1 Article 289 and
clause 3 Article 296 of this Code, the appellants under appellate procedure
must bear the expertising expenses;
4. If a person
himself/herself requests for expertises as prescribed in clause 3 Article 160
of this Code and the expertising results prove that his/her expertising request
is well-grounded, the losing party must bear the expertising expenses. If the
expertising results prove that their expertising requests are partially
grounded, they must pay the expertising expenses for their requested parts that
are proved groundless;
5. For other cases where
case resolution is terminated as prescribed in this Code, those who request for
expertise must bear the expertising expenses.
Article
162. Handling of paid expertising expense advances
1. In cases where the
persons who have advanced expertising expenses do not have to pay the
expertising expenses, the persons who must pay the expertising expenses under
Court decisions must refund the money to the persons who have paid them.
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Mọi chi tiết xin liên hệ: ĐT:
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DĐ:
0906 22 99 66
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Article
163. Property valuation expense advances, property valuation expenses
1. The property valuation
expense advance means a sum of money estimated by the Evaluation Boards for
valuation conducted under a Court decision.
2. Valuation expenses are
the reasonable and necessary sums of money to be paid for the valuation and
calculated by the Valuation Boards on the basis of law provisions.
Article
164. Obligation to advance property valuation expenses
In cases where the
involved parties do not otherwise agree or the law does not otherwise
prescribe, the obligation to pay property valuation expenses shall be
determined as follows:
1. The persons requesting
for property valuation must pay the property valuation expense advances;
2. In cases where the
involved parties could not agree on the prices and request the Courts to
conduct the property valuation, each party must pay half of the property
valuation expense advances. If there are multiple involved parties, all parties
must pay the property valuation expense advances at rates decided by the
Courts;
3. For cases specified in
clause 3 Article 104 of this Code, the plaintiffs/appellants must pay the
property valuation expense advances.
Article
165. Obligation to bear property valuation/price appraisal expenses
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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1. Involved parties must
bear the property valuation expenses if their requests are not accepted by the
Courts;
2. In case where the
Court is requested to divide a common property, each person who has received a
share from such property must bear the property valuation expense amount proportionate
to the value of the property share he/she has received;
3. In cases where the
Courts issue decisions on property valuation prescribed in point c clause 3
Article 104 of this Code, the obligation to bear the property valuation
expenses shall be determined as follows:
a) Involved parties must
bear the property valuation expenses prescribed in clause 1 of this Article if
the valuation results prove that the property valuation decisions of the Courts
are well-grounded;
b) The Courts shall pay
the property valuation expenses if the valuation results prove that the
property valuation decisions of the Courts are groundless.
4. For termination of
case resolution specified in point c clause 1 Article 217 and point b clause 1
Article 299 of this Code, if the Evaluation Boards have conducted the
valuation, the plaintiffs must bear the property valuation expenses.
For cases where the
appellate trial is terminated as prescribed in point b clause 1 Article 289 and
clause 3 Article 296 of this Code, if the Evaluation Boards have conducted the
valuation, the appellants under appellate procedure must bear the property
valuation expenses;
5. For other termination
of case resolution as prescribed in this Code, if the Evaluation Boards have
conducted the valuation, the requesters for property valuation must bear the
property valuation expenses;
6. The obligation to bear
the property valuation expenses of involved parties shall be in accordance with
the obligation to bear the property valuation expenses specified in clauses 1,
2, 4 and 5 of this Article.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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1. In cases where the
persons who have advanced property valuation expenses do not have to pay the
valuation expenses, the persons who must pay the valuation expenses under Court
decisions must refund the money to the persons who have paid them.
2. In cases where the
persons who have advanced the property valuation expenses are obliged to pay
them, but the advanced amounts are not enough to cover the actual valuation
expenses, such persons must pay the deficits. If the advanced sums exceed the
actual valuation expenses, the surpluses shall be refunded to the persons who
have advanced the money.
Article
167. Expenses for witnesses
1. Reasonable and actual
expenses for witnesses shall be borne by the involved parties.
2. The persons who
request the Courts to summon witnesses must bear the expenses for such
witnesses, if the testimonies of the witnesses are true but not right for the
demands of the person requesting to summon such witnesses. If the testimonies
are true and right for the demands of the persons requesting to summon such
witnesses, the expenses must be borne by the party making requests independent
from the former’s requests.
Article
168. Expenses for interpreters and lawyers
1. Expenses for
interpreters mean sum of money payable to interpreters in the course of
settling civil cases as agreed upon by the involved parties and the
interpreters or stipulated by law.
2. Expenses for lawyers
mean sums of money payable to lawyers as agreed upon by the involved parties
and the lawyers within the prescribed scope of the law-practicing organization
and according to law provisions.
3. Expenses for interpreters
or lawyers shall be borne by the persons requesting such interpreters or
lawyers, except otherwise agreed upon by the parties.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Article
169. Specific regulations on procedural expenses
Pursuant to regulations
in this Code, the Standing committee of the National Assembly of the Socialist
Republic of Vietnam shall issue specific regulations on expense of overseas
request for judicial assistance, costs of on-site inspection and appraisal,
costs of expertise and price appraisal of properties; cost of payment for
witnesses and interpreters; other procedural costs prescribed in other laws and
the exemption and decrease of procedural costs during the case settlement.
Chapter
X
ISSUANCE, SENDING AND NOTIFICATION OF
PROCEDURAL DOCUMENTS
Article
170. Obligation to issue, send or notify procedural documents
The courts, the
procuracies and the judgment-executing bodies shall issue, send or notify
procedural documents to the involved parties, other participants in procedures
and relevant agencies, organizations and individuals according to the
provisions of this Code and relevant law provisions.
Article
171. Procedural documents to be issued, sent or notified
1. Announcements, written
notices, summons, invitations in civil procedures.
2. Judgments and
decisions of courts.
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DĐ:
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4. Other procedural
documents prescribed by law.
Article
172. Persons effecting the issuance, sending or notification of procedural
documents
The issuance, sending or
notification of procedural documents shall be carried out by the following
persons:
1. Civil proceeding
officers or people of the procedure document-promulgating agencies who are
tasked to issue, send or notify procedural documents;
2. The commune-level
People’s Committees of the localities where the civil procedure participants
reside or the agencies or organizations where the civil procedure participants
work when so requested by courts;
3. The involved parties,
their representatives or the defense counsels of the involved parties’
legitimate rights and interests in the cases prescribed by this Code;
4. Postal service
organization officers;
5. Persons with sending
function;
6. Other persons defined
by law.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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The issuance, sending or
notification of procedural documents may be effected by the following modes:
1. Issuance, sending or
notification effected directly or by post office or by the third persons who
are authorized to effect the issuance, sending or notification;
2. Issuance, sending or
notification effected by electronic means at the request of the involved
parties or other participants in accordance with law regulations on electronic
transaction;
3. Public posting;
4. Announcement on the
mass media;
5. Issuance, sending or
notification effected by other modes prescribed in Chapter XXXVIII of this
Code.
Article
174. Validity of the issuance, sending or notification of procedural documents
1. The issuance, sending
or notification of procedural documents, which is carried out in accordance
with this Code, shall be considered valid.
2. The persons who are
obliged to effect the issuance, sending or notification of procedural documents
must comply with the provisions of this Code.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
175. Procedures for issuance, sending or notification of procedural documents
1. The persons effecting
the issuance, sending or notification of procedural documents must directly
hand the relevant procedural documents to the persons to whom such documents
are issued, sent or notified. The latter must sign in the minutes or books
recording the delivery and receipt of procedural documents. The time for
calculating the procedural time limit is the date when they are issued or sent
with, or notified of, the procedural documents.
2. Procedural documents
that are issued, sent or notified by post office must be registered mails that
are certified by the receivers.
Certified documents must
be returned to the Courts.
Time limit for conducting
civil procedures shall be calculated from the day on which the receivers
certify that they have received the procedural documents from the post office.
Article
176. Procedures for issuance, sending or notification of procedural documents
by electronic means
The issuance, sending and
notification of procedural documents by electronic means shall be conformable
to law on electronic transaction.
The Supreme People’s
Court shall provide guidance on the implementation of this Article.
Article
177. Procedures for direct issuance, sending or notification to individuals
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. If the persons to whom
procedural documents are issued, sent or notified are individuals, the
procedural documents must be delivered directly to them. Involved parties must
sign the minutes of receipt as prescribed in clause 1 Article 175 of this Code.
3. If the persons to whom
the procedural documents are issued, sent or notified have moved to new
residences and have notified the Courts of the change of residences, such
procedural documents must be sent to their new residences. Involved parties
must append signatures or fingerprints on the minutes of receipt as prescribed
in clause 1 Article 175 of this Code. If such involved parties failed to notify
the Courts of the change of residences and the new addresses, the Courts shall
comply with provisions of Articles 179 and 180 of this Code.
4. Where the persons to
whom the procedural documents are issued, sent or notified refuse to receive
such documents, the issuers, senders or notifiers must make records thereon
clearly stating reasons therefor, with certification by population group
leaders or police offices of communes of their refusal. The records must be
recorded in the case files.
5. If the persons to whom
the procedural documents are issued/sent/notified are absent from the
residences, the issuers/senders/notifiers must make records and deliver the
documents to their relatives who have fully civil capacity living with them or
to their population group leaders, then ask such relatives or population group
leaders to append signatures or fingerprints on the minutes of receipt and to
undertake to directly deliver the documents to the to be-issued/sent/notified
persons. The records must be recorded in the case files.
If the persons to whom
the procedural documents are issued/sent/notified are absent from the
residences and the time they return is indefinite or their new residences are
unknown, the issuers/senders/notifiers must make a records therein with
certification of the population group leaders or Police offices of communes;
simultaneously, conduct the public posting procedures of the to be-sent
documents according to regulations in Article 179 of this Code. The records
must be recorded in the case files.
Article
178. Procedures for direct issuance, sending or notification to agencies,
organizations
1. Where the persons to
whom the procedural documents are issued, sent or notified are agencies or
organizations, the procedural documents must be delivered directly to their
representatives at law or persons responsible for the receipt thereof, who must
sign the receipts. Where the agencies or organizations to which the documents
are issued, sent or notified have their representatives to participate in the
civil procedure or to receive the procedural documents, such persons shall sign
for the receipt thereof. The date of signing for receipt shall be regarded as
the date of issuance, sending or notification.
2. If the persons to whom
the procedural documents are issued, sent or notified refuse to receive such
documents or are absent, provisions in clauses 4 and 5 Article 177 of this Code
shall be complied with.
Article
179. Procedures for public posting
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DĐ:
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2. The public posting of
procedural documents shall be conducted by Courts directly, or by persons with
sending function or commune-level People’s Committees of the localities where
the involved parties reside or where the agencies/organizations are
headquartered that are authorized by the Courts according to the following
procedures:
a) Posting the originals
of the procedural documents at the offices of the Courts or the commune-level
People’s Committees of the localities where the persons to whom the documents
are issued, sent or notified reside or reside last, or where the
agencies/organizations to which the documents are issued, sent or notified are
headquartered or headquartered last;
b) Posting the copies
thereof at the places of residence or last residence of such persons to whom
the documents are issued, sent or notified; or at the headquarters or last
headquarters of the agencies/organizations to which the documents are
issued/sent or notified;
c) Making records on the
public-posting procedures, clearly stating the date of posting.
3. The duration for
public posting of procedural documents is 15 days as from the date of posting.
Article
180. Procedures for announcement on the mass media
1. The announcement on
the mass media shall be effected only when it is so provided for by law or when
there are grounds to believe that the public posting does not guarantee that
the persons to whom the procedural documents are issued, sent or notified get
the information on such documents.
2. The announcement on
the mass media can be effected if so requested by the other involved parties.
In this case, the fees for announcement on the mass media shall be borne by the
announcement requesters.
3. Announcement on the
mass media shall be published on e-portals of the Courts, on one of central
dailies for three consecutive issues, and broadcasted on the central radio or
television channels three times for 03 consecutive days.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Where the persons that
issue, send or notify the procedural documents are neither Courts nor
procedural document-issuing agencies, nor their officials, such persons must
immediately notify the results of issuance, sending or notification of
procedural documents to the Courts or the agencies issuing such procedural
documents.
Chapter
XI
PROCEDURAL TIME LIMITS
Article
182. Procedural time limits
1. The procedural time
limit is a period of time which is determined from this point of time to
another point of time for the procedure-conducting persons, procedure
participants or relevant agencies, organizations and individuals to perform
procedural acts prescribed by this Code.
2. The procedural time
limit can be determined in hour, day, week, month, year or an event which may
occur.
Article
183. Application of the Civil Code’s regulations on time limits
The method of calculating
the procedural time limits, the regulations on procedural time limits, the starting
time and the ending time of the procedural time limits in this Code shall
comply with the corresponding provisions of the Civil Code.
Article
184. The statute of limitations for lawsuits, the statute of limitations for
requests for civil matter resolution
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. The Courts shall apply
the regulations on statute of limitations according to the requests for
application of statute of limitations of one or multiple sides, provided that
such requests are made before the first-instance Courts issue the
judgments/decisions on such matters/cases.
The persons to get
benefits from the application of statute of limitations may refuse to apply the
statute of limitations, unless such refusal is to avoid their performance of
obligations.
Article
185. Application of the Civil Code’s regulations on statute of limitations
The Civil Code’s
regulations on statute of limitations shall apply in civil procedures.
PART
TWO
PROCEDURES FOR SETTLING CASES AT
FIRST-INSTANCE COURTS
Chapter
XII
INSTITUTION AND ACCEPTANCE OF CASES
Article
186. Right to institute cases
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
187. Right to institute civil lawsuits to protect legitimate rights and
interests of other persons, public interests and/or the State’s interests
1. Family affair
authorities, children affair authorities and Vietnam Women’s Union, within
their tasks and power, may initiate lawsuits pertaining to marriage and family
as prescribed in Law on marriage and family.
2. Employee collective’s
representative organizations shall have the right to institute labor cases
where it is necessary to protect the legitimate rights and interests of the
employee collective or where authorized by the employees as prescribed by law.
3. Social organizations
protecting interests of consumers shall have the right to represent consumers
to institute lawsuits to protect interests of consumers or institute lawsuits
themselves for public interests according to provisions of the Law on
protection of consumers’ interests.
4. Agencies
and organizations shall, within the scope of their respective tasks and powers,
have the right to institute civil lawsuits to request Courts to protect the
public interests and/or the State’s interests in the domains under their
respective charge or according to law provisions.
5. Individuals shall have
the right to institute lawsuits pertaining to marriage and family to protect
legitimate rights and benefits of other people according to regulations on
marriage and family.
Article
188. Scope of initiation of lawsuits
1. An agency,
organization or individual may initiate a lawsuit against another or many other
agencies, organizations and/or individuals regarding one legal relation or many
interrelated legal relations for settlement in the same case.
2. Multiple agencies,
organizations and/or individuals may initiate a lawsuit against another agency,
organization or individual regarding one legal relation or many interrelated
legal relations for settlement in the same case.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
189. Form and contents of a lawsuit petition
1. Individuals, agencies
and organizations initiating lawsuits must prepare their petitions.
2. Individuals shall draw
up petitions as follows:
a) Individuals with fully
civil procedure act capacity may draw up petitions themselves or request other
persons to draw up petitions. Names and residential addresses of such
individuals shall be written at the blanks for names and addresses of the
litigators; at the end of the petitions, there shall be signatures or
fingerprints of such individuals;
b) Regarding individuals
being minors, legally incapacitated persons, persons with limited cognition or behavior
control, their lawful representatives may draw up petitions themselves or
request other persons to draw up petitions. Names and residential addresses of
such individuals shall be written at blanks for names and addresses of the
litigators; at the end of the petitions, there shall be signatures or
fingerprints of the lawful representatives;
c) Individuals of cases
specified in points a and b of this clause who are illiterate or have visual
disabilities or who cannot draw up petitions or append signatures or
fingerprints themselves may request other persons to help them draw up the
petitions under the witnessing of persons with fully civil procedure capacity.
The witnesses must append their signatures on the petitions.
3. If litigators are
agencies or organizations, the lawful representatives of such
agencies/organizations may draw up themselves or request other persons to draw
up petitions. Names and residential addresses of such agencies/organizations
and full names and positions of their lawful representatives shall be written
at the blanks for names and address of litigators; at the end of the petitions,
there shall be signatures and seals of the lawful representatives of such
agencies/organizations. If the litigators are enterprises, the use of seals
must comply with regulations in the Law on Enterprise.
4. A lawsuit petition
must include the following principal contents:
a) Date of its making;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Name, place of
residence, place of work of the litigator (applicable to litigators being
individuals) or head office of the litigator (applicable to litigators being
agencies/organizations); phone number, fax and e-mail address (if any).
If the parties reach
agreement on an address for the Court to contact, such address shall be
specified;
d) Name, place of
residence, place of work of person whose interests and duties are protected
(applicable to individuals) or head office of person whose interests and duties
are protected (applicable to agencies and organizations); phone number, fax and
e-mail address (if any);
dd) Name, place of
residence, place of work of the defendant (applicable to individuals) or head
office of the defendant (applicable to agencies/organizations); phone number,
fax and e-mail address (if any). If the place of residence, place of work or
head office of the defendant is indefinite, the last place of residence, place
of work or head office of the defendant shall be specified;
e) Name, place of
residence, place of work of person with relevant interests and duties
(applicable to individuals) or head office of person with relevant interests
and duties (applicable to agencies and organizations); phone number, fax and
e-mail address (if any).
If the place of
residence, place of work or head office of the person with relevant interests
and duties is indefinite, the last place of residence, place of work or head
office of the defendant shall be specified;
g) Lawful interests and
duties of the litigator that are infringed upon; specific matters of the
defendant, person with relevant interests and duties that are applied for
resolution by the Court;
h) Names and addresses of
witnesses (if any);
i) List of documents
and/or evidences accompanied with lawsuit petitions.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Article
190. Submission of lawsuit petitions to courts
1. Litigators shall
submit their lawsuit petitions and the accompanied documents and/or evidences
to Courts competent to settle their cases by the following modes:
a) Direct submission at
courts;
b) Sending to Courts by
post;
c) Sending through
e-portal of Courts (if any).
2. Date of initiation of
lawsuits is the day on which the Courts receive the petitions submitted by
involved parties or the date written on the seals of the post office where the
petitions are sent from.
In cases where the date
cannot be identified through the seals of the sending post offices, the date of
initiation of lawsuit shall be the day on which the involved parties send the
petitions from the post offices. Involved parties shall prove the day on which
they sent the petitions from the post offices; otherwise, the date of
initiation of lawsuit shall be the day on which the Courts receive the
petitions delivered by the post offices.
3. If the litigators send
the petitions through e-portal, the date of initiation of lawsuit shall be the
day on which the petitions are sent.
4. If the cases are
transferred to other Courts as prescribed in Article 41 of this Code, the date
of initiation of lawsuit shall be the day on which the petitions are sent to
the Courts which have accepted the petitions ultra vires and shall be
determined according to provisions in clause 2 and 3 of this Article.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Article
191. Procedures for receiving and processing lawsuit petitions
1. Courts, via petition
receiving divisions, must receive lawsuit petitions lodged by litigators
directly or via post and must record them in the petition registers. If the
petitions are sent through the e-portal, the Courts shall make printing copies
of the petitions and must record them in the petition registers.
When receiving petitions
that are submitted directly, Courts shall immediately issue the receiving slip
for the litigators. For petitions sent by post, within 02 working days from the
day on which the petitions are received, the Courts shall send the litigators
notifications of the receipt of the petitions. If the petitions are sent
through the e-portal, the Courts shall immediately notify the litigators of the
receipt of the petitions via their e-portal (if any).
2. Within 03 working days
from the day on which the petitions are received, the Chief Justices of Courts
shall assign one Judge to review the petitions.
3. Within 05 working days
from the day on which they are assigned, the Judges shall review the petitions
and make one of the following decisions:
a) To request for
amendment and/or supplementation of lawsuit petitions;
b) To carry out the
acceptance procedures of the cases according to normal procedures or simplified
procedures, if the cases are satisfied for resolution according to simplified
procedures as prescribed in clause 1 Article 317 of this Code;
c) To transfer the
lawsuit petitions to competent Courts and notify the litigators thereof if the
cases fall under other courts’ jurisdiction;
d) To return the lawsuit
petitions to the litigators if such cases do not fall under the court’s
jurisdiction.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
192. Return of lawsuit petitions, consequences of the return of lawsuit
petitions
1. The Courts shall
return the lawsuit petitions in the following cases:
a) The petitioners have
no right to initiate a lawsuit as prescribed in Articles 186 and 187 of this
Code or do not have full civil procedure act capacity;
b) Conditions for
initiating lawsuits prescribed by law are not fully satisfied.
Cases where conditions
for initiating lawsuits are not fully satisfied are cases where there are
provisions about conditions for initiating lawsuits but the litigators initiate
lawsuits when any of such conditions has not been satisfied;
c) The matters have been
resolved by effective judgments or decisions of Courts or legally binding
decisions of competent State agencies, except for cases where the Courts reject
the applications for divorce, for change in child adoption, change of alimony
levels or damage compensation levels, or applications for change of property
manager, change of inherited-property manager, change of guardian or cases of
the reclaim of leased or lent properties or houses leased, lent or offered for
other people’s free-of-charge stay, which have not been recognized by Court and
eligible for re-initiation of lawsuits as prescribed by law;
d) After the time limit
specified in clause 2 Article 195 of this Code, the litigators fail to submit
the receipts of Court fee advances to the Courts, except for cases they are
exempt or do not have to pay the Court fee advances or there are objective
obstacles or force majeure events;
dd) The cases do not fall
under the courts’ jurisdiction;
e) The litigators fail to
amend or supplement the petitions at the request of the Judges as prescribed in
clause 2 Article 193 of this Code.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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If in the petitions, the
litigators failed to declare sufficiently or accurately names and addresses of defendants and/or persons with relevant interests and duties and fail to make amendment/supplement according to the
requests of the Judges, the Judges shall return the petitions to the
litigators;
g) The litigators
withdraw the petitions.
2. When returning the petitions and the enclosed materials and evidences to the
litigators, the Judges shall make writings containing reasons for the return of
the petitions and send them to the litigators and the procuracies of the same
levels. Petitions and materials and evidences that the Judges return to the
litigators must be photocopied and retained at the Court to serve as the basis
for settlement of the complaints/recommendations on request.
3. Involved parties may re-submit the petitions in the
following cases:
a) The litigators
have fully had civil procedure act capacity;
b) The petitions
for divorces, for change in child adoption, change of alimony levels or damage
compensation levels, or petitions for change of property manager, change of inherited-property
manager, change of guardian or cases of the reclaim of leased or lent
properties or houses leased, lent or offered for other people’s free-of-charge
stay have not been recognized by Court and are eligible for re-initiation of
lawsuits as prescribed by law;
c) Requirements
for initiating lawsuits have been fully satisfied;
d) Other cases
prescribed by law.
4. The Supreme People’s Court
shall provide guidance on the
implementation of clauses 1 and 3 of this Article.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. In cases where a
lawsuit petition does not fully contain the details prescribed in Clause 4,
Article 189 of this Code, the Court shall make written notification of such to
the litigator for amendment and/or supplementation within a time limit set by
the Judge, which, however, must not exceed 01 month; for special cases, the
Judge may extend that time limit but for not more than 15 days. The written
notification shall be sent directly, online or by post to the litigator and
must be recorded to the petition register for supervision. Duration of
amendment/supplement shall not be included in the statute of limitations of
lawsuit initiation.
2. In cases where the
litigators have amended and/or supplemented their lawsuit petitions strictly
according to the provisions of Clause 4, Article 189 of this Code, the Courts
shall continue processing the cases; if they fail to amend and/or supplement
their lawsuit petitions as requested, the Judges shall return the petitions as
well as materials and evidences to the litigators.
Article
194. Complaints, recommendations about the return of lawsuit petitions and
settlement thereof
1. Within 10 days from the
day on which the returned petitions are received, the litigators may file their
complaints, or the procuracies may file recommendations to the Courts which
have returned the lawsuit petitions.
2. Immediately after the
complaints, recommendations about the return of lawsuit petitions are received,
the Chief Justices of the Courts shall assign other Judges to review and settle
such complaints/recommendations.
3. Within 05 working days
from the day on which they are assigned, the Judges shall hold meeting to
review and settle the complaints/recommendations. Such meeting must be under
the attendance of representatives of procuracies of the same levels and
involved parties filing the complaints; if the involved parties are absent, the
sessions shall be carried out under the direction of the Judges.
4. Pursuant to materials
and evidences related to the return of lawsuit petitions, opinions of
representatives of procuracies and involved parties filing complaints at the
meetings, the Judge shall make one of the following decisions:
a) To remain the return
of lawsuit petitions and notify the involved parties and procuracies of the
same level;
b) To receive back the
lawsuit petitions and accompanied materials as well as evidences in order to
process the cases.
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(028) 3930 3279
DĐ:
0906 22 99 66
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6. Within 10 days from
the day on which the complaints/recommendations pertaining to the return of the
lawsuit petitions are received, the Chief Justices of the directly superior
Courts must make one of the following decisions:
a) To uphold the return
of the lawsuit petitions;
b) To request the
first-instance Courts to receive back the lawsuit petitions and accompanied
materials as well as evidences in order to process the cases.
The decisions on
settlement of complaints/recommendations of the Chief Justices of the Courts of
the directly superior shall be immediately effective and shall be sent to the
litigators, procuracies of the same level, the procuracies filing the
recommendation and the Courts having issued the decisions on return of the
petitions.
7. If there are grounds
to determine that the decisions of Chief Justice of the immediate superior
Court prescribed in clause 6 of this Article are contrary to the law, then
within 10 days from the day on which the decisions are received, the involved
parties may file complaints or the procuracies may file recommendations to the
Chief Justices of the Collegial People’s Courts (applicable to cases where the
decisions subject to complaint/recommendation are issued by the People’s Courts
of provinces) or to the Chief Justice of the Supreme People’s Court (applicable
to cases where the decisions subject to complaint/recommendation are issued by
Collegial People’s Courts)
Within 10 days as from
the day on which the complaints of the involved parties or the recommendations
of the procuracies are received, the Chief Justices must consider and settle
them. Decision of the Chief Justices
shall be the final one.
Article
195. Accepting cases
1. After receiving
lawsuit petitions and accompanied materials and/or evidences, if deeming that
the cases fall within the courts’ jurisdiction, the Judges shall immediately
notify the litigators thereof so that they may come to Courts for carrying out
procedures to advance the Court fees in cases where they are liable thereto.
2. The Judges shall
estimate the Court fee advance amounts, write them down on the notices and hand
them to the litigators for payment of Court fee advances. Within 07 days as
from the day on which the courts’ notices on payment of Court fee advances are
received, the litigators must pay such advances and submit the receipts for
payment of Court fee advances.
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(028) 3930 3279
DĐ:
0906 22 99 66
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4. In cases where the
litigators are exempt from, or not required to pay, Court fee advances, the
Judges must accept the petitions upon receiving the lawsuit petitions and
accompanied materials and/or evidences.
Article
196. Notice on acceptance of cases
1. Within 03 working days
from the day on which the cases are accepted, the Judge must send written
notices to plaintiffs, defendants, agencies, organizations and individuals with
rights and obligations related to the settlement of the cases, to the procuracies
of the same level on the Courts’ acceptances of the cases.
Regarding cases initiated
by consumers, the Courts shall post publicly at the offices of the Courts
information about the acceptance of the cases within 03 working days from the
day on which the cases are accepted.
2. Such a written notice
must contain the following principal details:
a) Date on which the
notice is made;
b) Name and address of
the Court accepting the case;
c) Name, address; phone
number, fax, e-mail address (if any) of the litigator;
d) Specific matters that
the litigator for request the Court to resolve;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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e) List of materials and
evidences submitted together with the lawsuit petition by the litigator;
g) Time limit for the
defendant and/ or person with relevant interests and duties to submit to the
Court opinions in writing towards the request of the litigator and accompanied
materials and evidences, counter-claims, independent claims (if any);
h) Legal consequences of
case where the defendant and/or person with relevant interests and duties fail
to submit to the Court opinion in writing for the petition for initiating
lawsuit.
3. If the plaintiffs file
application for the assistance of the Court in the sending of materials and
evidences, the notices on the acceptance of the cases that the Courts sent to
the defendants and/or persons with relevant interests and duties copies of
materials and evidences provided by the plaintiffs.
Article
197. Assigning Judges to settle cases
1. On the basis of the
reports on the acceptance of the cases made by the Judges assigned to accept
the petitions, the Chief Justices of the Courts shall give decision on
assignment of Judges to settle the cases, ensuring the principle of
impartiality, objectiveness and contingency.
2. Within 03 working days
from the day on which a case is accepted, the court’s Chief Justice shall
assign a Judge to resolve the case.
For complicated cases and
the settlement seemed to be long-lasting, the Chief Justices of the Courts
shall assign alternate Judges to ensure the on-schedule settlement as
prescribed by the Code.
3. In the course of
settling the case, if the assigned Judge cannot continue with the assigned task,
the Chief Justice of the Court shall assign another Judge to continue that
work; in cases where the trial is being underway without the alternate Judge,
the case must be retried from the beginning and the Court must notify the
involved parties and the procuracies of the same levels of the retrial.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Set up the case files
as prescribed in Article 204 of this Code.
2. Request the involved
parties to submit materials and evidences to courts.
3. Verify the case and
collect evidences according to the provisions of Clauses 2 and 3, Article 97 of
this Code.
Article 199. Rights and
duties of defendants and persons with relevant interests and duties after
receiving the notices
1. Within 15 days from
the day on which the notices are received, defendants and/or persons with
relevant interests and duties must submit to the Court opinions in writing
towards the request of the plaintiffs and materials and evidences,
counter-claims and independent claims (if any).
Any defendant or person
with relevant interests and duties wishing to have such time limit extended
must submit to the Court an application for time extension stating the reasons
for such extension; if the application is well-grounded, the Court shall grant
the extension that must not exceed 15 days.
2. Defendants or persons
with relevant interests and duties are entitled to request the Court to allow
them to see, take notes or make photocopies of the petitions and materials and
evidences enclosed therewith, except for materials and evidences specified in
clause 2 Article 109 of this Code.
Article
200. Defendants’ right to make counter-claims
1. Together with their
obligation to submit to Courts their written opinions on the plaintiffs’
claims, the defendants are entitled to file counter-claims against the
plaintiffs or persons with relevant interests and duties who have made
independent claims.
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(028) 3930 3279
DĐ:
0906 22 99 66
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a) The counter-claims are
made to clear liability against the plaintiffs’ claims and/or persons with
relevant interests and duties with independent claims;
b) The accepted
counter-claims may exclude the partial or full acceptance of the plaintiffs’
claims and/or persons with relevant interests and duties who have made
independent claims;
c) There is an
interrelation between the counter-claim and the claim of the plaintiff/person
with relevant interests and duties, and if these claims are settled in the same
case, the resolution of such claims in the same case shall be more accurate and
quicker.
3. Defendants are
entitled to make counter-claims before the opening of the meetings for checking
the handover of, access to and disclosure of evidences and mediating.
Article
201. Right of persons with related interests and obligations to make
independent claims
1. In cases where the
persons with related interests and obligations do not participate in the
procedures on the side of the plaintiff or the defendant, they shall be
entitled to make independent claims when the following conditions are met:
a) The resolution of the
case is related to their interests and obligations;
b) Their independent
claims are related to the case being settled;
c) If their independent
claims are settled in the same case, the resolution of such case shall be more
accurate and quicker.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Article
202. Procedures for making counter-claims or independent claims
The procedures for making
counter-claims or independent claims shall comply with this Code’s regulations
on procedures for initiating lawsuits by plaintiffs.
Chapter
XIII
MEDIATION AND TRIAL PREPARATION PROCEDURES
Article
203. Time limit for trial preparation
1. The time limits for
preparation for trial over cases of various types, except for cases resolved
under simplified procedures or cases involving foreign elements are specified
as follows:
a) For the cases
prescribed in Articles 26 and 28 of this Code, the time limit shall be 04
months counting from the day on which the cases are accepted;
b) For the cases
prescribed in Articles 30 and 32 of this Code, the time limit shall be 02
months counting from the day on which the cases are accepted.
For complicated cases, or
when due to force majeure events or objective obstacles, the Chief Justices of
Courts may decide to extend the trial preparation time limits but for not more
than 02 months for cases prescribed in Point a of this clause and 01 month for
cases prescribed in Point b of this clause.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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2. In the process of trial
preparation, the Judge shall carry out the following tasks and power:
a) Set up the case files
as prescribed in Article 198 of this Code;
b) Determine the status
of the involved parties and other participants in the procedure;
c) Determine the disputing
relationship between involved parties and the applicable law provisions;
d) Examine objective
details of the cases;
dd) Verify the cases and
collect evidences according to the regulations in this Code;
e) Apply provisional
emergency measures;
g) Hold meetings for
checking the handover of, access to and disclosure of evidences and mediating
according to provisions of this Code, except for cases resolved under
simplified procedures;
h) Fulfill other tasks
and power as prescribed in this Code.
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(028) 3930 3279
DĐ:
0906 22 99 66
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a) To recognize the
agreement between the involved parties;
b) To suspend the
resolution of the civil lawsuit;
c) To terminate the
resolution of the civil lawsuit;
d) To bring the case to
trial.
4. Within 01 month from
the day on which the decision to bring the case to trial is issued, the Court must
open a Court session. In case of good and sufficient reason, this time limit
shall be 02 months.
Article
204. Documenting civil lawsuits’ files
1. A civil lawsuit’s file
shall include the petition and all the materials and evidences provided by
involved parties and other participants; materials and evidences collected by
the Courts that are related to the case; procedural documents of the Courts and
the Procuracies about the resolution of such civil lawsuit.
2. All papers and
documents in the civil-case file must be numbered and arranged by date. Newer papers shall
be put above the older ones; such papers shall be managed, retained and used
according to law provisions.
Article
205. Principle for conducting mediation
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2. The mediation must be
conducted on the following principles:
a) Respect for the
voluntary agreement of the involved parties, non-use of force or non-threat to
use force to compel the involved parties to reach agreements against their
will;
b) The contents of
agreements between the involved parties must not contravene law and social
ethics.
Article
206. Civil lawsuits which must not be mediated
1. Claims for
compensation for damage caused to State properties.
2. Civil lawsuits arising
from civil transactions which are contrary to law or social ethics.
Article
207. Civil lawsuits which cannot be mediated
1. The defendants or the
persons with relevant interests and duties are intentionally absent though
having been duly summoned twice by courts.
2. The involved parties
cannot take part in the mediation for plausible reasons.
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DĐ:
0906 22 99 66
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4. One of involved
parties applies for non-mediation.
Article
208. Notification about meetings for checking the handover of, access to and
disclosure of evidences and mediating
1. The Judges shall hold
meetings for checking the handover of, access to and disclosure of evidences
and mediating between involved parties. Before holding the meetings, the Judges
shall notify the involved parties, their lawful representatives and defense
counsels of their rights and interests of time, venue and contents of the
meetings.
2. If the mediation over
the civil lawsuits as cannot be conducted as prescribed in Articles 206 and 207
of this Code, the Judge shall hold the meetings for checking the handover of,
access to and disclosure of evidences without mediation.
3. Regarding marriage and
family cases involving minors, before hold the meetings for checking the
handover of, access to and disclosure of evidences and mediating between
involved parties, the Judges and/or Ombudspersons assigned by the Courts shall
collect materials and evidences to determine reasons for the arising of the
disputes. When it is deemed necessary, the Judges may refer to opinions of
family affair authorities and children affair authorities about the situations
of the families, reasons for the arising of disputes and the expectation of the
wives, husbands and children related to the cases.
Regarding disputes over
child rearing after divorces or change of post-divorce child custodian, the
Judges shall depend on the expectation of the children who are underage and not
younger than 7; when it is deemed necessary, representatives of family affair
authorities and children affair authorities shall witness and contribute
opinions. The collection of expectation of underage children and the conduct of
other procedures for minors must be friendly, suitable for the psychology, age,
mature level and the awareness of the minors, ensuring legitimate rights and
interests and personal secret of minors.
Article
209. Participants in meetings for checking the handover of, access to and disclosure
of evidences and mediating
1. Participants in the
meetings shall include:
a) The meeting presiding
Judge;
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DĐ:
0906 22 99 66
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c) Involved or lawful
representatives of involved parties;
d) Representatives of
employee collective’s representative organizations, applicable to labor cases,
at the request of employees, excluding labor cases where employee collective’s
representative organizations or defense counsels of rights and interests of
employees’ collectives/employees attend as representative organizations of employees’ collective. If the representatives of employee collective’s
representative organizations do not attend the meeting for mediating, written
opinions must be submitted;
dd) Defense counsels of
rights and interests of involved parties (if any);
e) Interpreters (if any).
2. W hen it is deemed
necessary, the Judges shall request relevant individuals, agencies and
organizations to participate in the meetings; for cases pertaining to marriage
and families, the Judges shall request representatives of family affair
authorities, children affair authorities and/or Vietnam Women’s Union to
participate in the meetings; if they are absent, the meetings shall be still
conducted.
3. In cases where
any of involved parties is absent but involved parties who attend agree to
conduct the meetings and such meetings do not affect rights and obligations of
absent involved parties, the Judges shall conduct meetings between involved
parties who attend; if involved parties request to postpone the mediation
meeting until all involved parties attend, the Judge must follow their request.
The Judges must notify the involved parties of such postponement and the
resuming of the meetings.
Article
210. Order of meetings for checking the handover of, access to and disclosure
of evidences and mediating
1. Before conducting the
meetings, Court clerks shall report the Judges about the absence and attendance
of participants in the meetings that had received notifications from the Courts.
The Judges presiding over the meetings shall recheck the attendance and ID cards of
participants then provide involved parties with information about their rights
and obligations according to provisions of this Code.
2. When checking the
handover of, access to and disclosure of evidences, the Judges shall announce
materials and evidences in case files and ask the involved parties about the
following matters:
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) Materials and
evidences that have been submitted to the Courts and the delivery of materials
and evidences to other involved parties;
c) The amendment of
materials/evidences; requests for collection of materials and evidences by the
Courts; requests for summon of other involved parties by the Courts, witnesses
and other participants at the Court sessions;
d) Other matters that the
involved parties deem to be necessary.
3. When involved parties
finished their presentations, the Judges shall review opinions and consider
resolving requests of involved parties specified in clause 2 of this Article.
If the persons summoned by the Courts are absent, the Courts shall notify them
of the results of the meetings.
4. Procedures for
mediation:
a) The Judges disseminate
to involved parties the provisions of laws related to the resolution of the cases
so that involved parties can relate them with their rights and obligations and
analyze legal consequence of the success of the mediation then voluntarily
reach agreements with each other about the resolution of the cases;
b) Plaintiff and defense
counsels of their legitimate rights and interests make presentations of the
disputes, make amendment of petitions for initiating lawsuits; grounds for
protecting the petition and express opinions about matters to be mediated and
resolution of the cases (if any);
c) Defendants and defense
counsels of their legitimate rights and interests make presentations of the
claims of the plaintiffs and about counter-claims (if any); grounds for
protesting against the petition of the plaintiffs; grounds for defending their
counter claims and express opinions about matters to be mediated and resolution
of the cases (if any);
d) Persons with relevant
interests and duties, defense counsels of their legitimate rights and interests
express their opinions about the claims of the plaintiffs and the defendants;
present their independent claims (if any); grounds for protesting against the
claims of the plaintiffs and the defendants; grounds for protecting their
independent claims and express opinions about matters to be meditated and
resolution of the cases (if any);
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e) When involved parties
and defense counsels of their legitimate rights and interests have expressed
their opinions, the Judges shall determined matters that involved parties have
or have not agreed about and request involved parties to make additional
presentation about unclear and not agreed contents;
g) The Judges shall make
conclusion of those which involved parties have agreed or not agreed about.
Article
211. Minutes of meetings for checking the handover of, access to and disclosure
of evidences and mediating
1. Court clerks shall be
in charge of formulating minutes of meetings for checking the handover of,
access to and disclosure of evidences and for mediating.
2. Minutes of the
checking the handover of, access to and disclosure of evidences must contain
the following contents:
a) Date of meeting;
b) Place of meeting;
c) The participants in
the meeting;
d) Opinions of involved
parties or lawful representatives of involved parties about contents specified
in clause 2 Article 210 of this Code;
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(028) 3930 3279
DĐ:
0906 22 99 66
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e) Decisions of the Court
to accept or not accept claims of involved parties.
3. Minutes of the
mediation must contain the following contents:
a) Those specified in
points a, b and c clause 2 of this Article;
b) Opinions of involved
parties and defense counsels of their legitimate rights and interests of
involved parties;
c) Contents have or have
not been agreed by involved parties.
4. The minutes must bear
the signatures or fingerprints of all participants in the meetings, signatures
of the Court clerks in charge of making minutes and of the presiding Judges of
the meetings. Participants in the meetings may have a look at the minutes
immediately when the meetings finish and may request for amendment and
supplement to the minutes before appending signatures or fingerprints.
5. If involved parties
reach agreements about matters to be resolved in civil lawsuits, the Courts shall
make minutes of successful mediation. Such minutes shall be immediately sent to
involved parties participating in the mediation.
Article
212. Issuing decisions to recognize the agreements of the involved parties
1. Upon the expiry of the
07-day time limit after making the records on successful mediation, if no
parties change their opinions on such agreement, the Judge who presides over
the mediation session or another Judge who has been assigned by the court’s
Chief Justice shall issue a decision recognizing the agreement of the involved
parties.
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. The Judge shall only
issue a decision to recognize the agreement of the involved parties if they
have reached an agreement on the resolution of the whole case.
3. In the cases
stipulated in Clause 4 of Article 210 of this Code, where the present parties
have reached agreement on the settlement of their case, such agreement shall be
valid only for the present persons and shall be recognized by the Judge in a
decision if it does not affect the rights and obligations of the absent
parties. In cases where such agreement affects the rights and obligations of
the absent parties, it shall be valid and recognized by the Judge in a decision
only if it is accepted in writing by the parties that are absent from the
mediation session.
Article
213. Effect of decisions to recognize the involved parties’ agreements
1. The decisions to
recognize the involved parties’ agreements shall take effect immediately after
they are issued and are not appealed against according to the appellate
procedures.
2. The decisions to
recognize the involved parties’ agreements may be appealed against according to
the cassation procedures only if there are grounds to believe that such
agreements were reached as a result of mistakes, deceptions, intimidation,
force or they contravene law or social ethics.
Article
214. Suspension of the resolution of civil lawsuits
1. The Court shall issue
a decision to suspend the resolution of a civil lawsuit in one of the following
cases:
a) The involved parties
being individuals have died or being agencies or organizations have been
merged, divided, separated or dissolved without any agencies, organizations or
individuals inheriting their procedural rights and obligations;
b) One involved party
being an individual has lost his/her civil act capacity or being a minor while
his/her representative at law has not been determined yet;
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(028) 3930 3279
DĐ:
0906 22 99 66
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d) The results of
resolution of another related case or matter, which, as required by law, must
be settled by other agencies or organizations before the cases are resolved,
need to be waited for;
dd) The results of the
request for judicial assistance, entrustment of evidence collection or
materials or evidences sent from agencies/organizations at the request of the
Court need to be waited for;
e) The results of the
processing of legislative documents, which, related to the case resolution
denote violations against a Constitution, Law or Resolution of National
Assembly, Ordinance or Resolution of the Standing committee of the National,
legislative documents of superior regulatory agencies to which the Court have
sent written recommendations for consideration for amendment, supplement or
annulment, need to be waited for;
g) The case is mentioned
in Article 41 of the Law on Bankruptcy;
h) Other circumstances
prescribed by law.
2. Within 03 working days
from the day on which the decisions to suspend the resolution of civil lawsuits
are issued, the Courts must send such decisions to the involved parties, the
agencies/organizations/individuals initiating lawsuits and the procuracies of
the same level.
Article
215. Consequences of the suspension of resolution of civil lawsuits
1. The Court must not
delete the names of suspended civil lawsuits from the case acceptance books but
only note down the number and date of the decisions to suspend the resolution
of such civil lawsuits in the case acceptance books.
2. The Court fee advances
and Court fees paid by the involved parties shall be deposited at the State
Treasury and handled when the Courts proceed with the resolution of the civil
lawsuits.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Within 01 month from the
day on which the written recommendations from the Courts are received,
competent agencies must make a written response. After such period, if the
competent agencies fail to issue the response, the Courts shall continue the
case resolution according to the common procedures.
4. During the suspension
period of the case resolution, the Judges assigned to resolve the cases must be
still responsible for the case resolution.
When the decisions on
suspension of the case resolution prescribed in clause 1 Article 214 of this Code
have been issued, the Judges assigned to resolve the cases shall supervise and
expedite agencies, organizations and individuals to as soon as possible
eliminate the problems leading to such suspension to promptly settle the cases.
5. Decisions to suspend
the resolution of the civil lawsuits may be appealed against under appellate
procedures.
Article
216. Decisions on resuming the resolution of civil lawsuits
Within 03 working days from
the day on which the reasons to suspend the resolution of civil lawsuits
prescribed in Article 214 of this Code are resolved, the Courts must issue
decisions to resume the case resolution and send such decisions to the involved
parties, the agencies/organizations/individuals initiating lawsuits and the
procuracies of the same level.
Decisions on suspension
of civil lawsuit’s resolution shall expire since the decisions on resuming of
civil lawsuit’s resolution are issued. The Courts shall resume resolving the
cases since the decisions on resuming of civil lawsuit’s resolution are issued.
Article
217. Termination of the resolution of civil lawsuits
1. After accepting cases
which fall within their respective jurisdiction, the Courts shall issue
decisions to terminate the resolution of the civil lawsuits in the following
circumstances:
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) Agencies or
organizations have been dissolved or are bankrupt without any agencies,
organizations or individuals inheriting their procedural rights and
obligations;
c) The litigators
withdraw all petitions for initiation of lawsuits or the plaintiffs are absent
though having been duly summoned twice, unless they apply for trials in their absence or a force majeure event or an objective obstacle occurs;
d) The Courts have issued
decisions to open bankruptcy procedures for enterprises or cooperatives being a
party to the cases and the resolution of such cases is related to the
obligations and property of such enterprises or cooperatives;
dd) plaintiffs fail to
advance the charges for property price appraisal and other procedural charges
prescribed in the Code.
If the defendants with
counter-claims or persons with relevant interests and duties with independent
claims fail to advance the property price appraisal and other procedural
charges as prescribed in this Code, the Courts shall terminate the resolution
of counter-claims or the independent claims of the persons with relevant
interests and duties;
e) The involved parties
have requested to apply the statute of limitations before the first-instance
Courts issue the judgments/decisions on case resolution and the statute of
limitations for lawsuit initiation expire;
g) Cases prescribed in
clause 1 Article 192 of this Code that have been accepted by the Courts;
h) Other circumstances
prescribed by law.
2. If the plaintiffs
withdraw all petitions for lawsuit initiation or are absent without good and
sufficient reasons or do not apply for trials in their absence though have been duly summoned twice and
there are defendants applying for counter-claims and/or persons with relevant
interests and duties applying for independent claims, the cases shall be
resolved as follows:
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) If the defendants do
not withdraw or withdraw only a part of the counter-claims, the Courts shall
issue decisions to terminate the resolution of the petitions for lawsuits of
plaintiffs; then the defendants shall become the plaintiffs and vice versa;
c) If the defendants
withdraw all the counter-claims, persons with relevant interests and duties do
not withdraw or withdraw only a part of the independent claims, the Courts
shall issue decisions to terminate the resolution of the petitions for lawsuits
of plaintiffs and/or counter-claims of defendants; then the persons with
relevant interests and duties shall become the plaintiffs, persons who are sued
according to independent claims shall become the defendants;
3. The Courts shall make
decisions to terminate the resolution of civil lawsuits and cross out the civil
cases in the acceptance books and return the petitions and accompanied
materials and evidences to involved parties on request; in such cases, the
Courts must make and retain copies of such petitions, documents and evidences
to serve as basis for resolution of appeals and recommendations on request.
Within 03 working days
from the day on which decisions to terminate the resolution of civil lawsuits
are issued, the Courts shall send such decisions to involved parties, agencies,
organizations and individuals initiating the lawsuits and procuracies of the
same levels.
4. Regarding cases that
are re-settled according to first-instance procedures, immediately when
decisions to conduct cassation or reopening trials have been issued, if the
Courts decide to terminate the resolution of the cases, the Courts shall also
resolve the consequences of the enforcement of judgments and other relevant
matters (if any); if the plaintiffs withdraw the petitions or are absent though
have been duly summoned twice, the termination of the resolution of the cases
must be agreed by the defendants and persons with relevant interests and
duties.
Article
218. Consequences of the termination of resolution of civil lawsuits
1. When the decisions to
terminate the resolution of civil lawsuits are issued, the involved parties
shall not be entitled to initiate lawsuits to request the Courts to re-settle
such civil lawsuits if the institution of the subsequent cases does not bring
in any difference from the previous cases in terms of the plaintiff, defendant
and the disputed legal relations, except for cases prescribed in clause 3
Article 192, point c clause 1 Article 217 of this Code and cases otherwise
provided for by law.
2. In cases where the
Courts issue decisions to terminate the resolution of civil lawsuits as
provided for in points a and b Clause 1, Article 217 of this Code or because
the plaintiffs are absent though have been duly summoned twice as prescribed in
point c clause 1 Article 217 of this Code, the Court fee advance money paid by
the involved parties shall be confiscated by the State for public fund.
3. In cases where the
Court issue decisions to terminate the resolution of civil lawsuits because the
litigators withdraw all petitions for lawsuit initiation as provided for in
point c and other cases specified in points d, dd, e and g clause 1 Article 217
of this Code, the Court fee advance money paid by the involved parties shall be
refunded to the payers.
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Article
219. Competence to issue decisions to suspend, resume or terminate the
resolution of civil lawsuits
1. Before the opening of
the trial, the Judges who are assigned to resolve the civil lawsuits shall be
competent to issue decisions to suspend/resume/terminate the resolution of such
civil lawsuits.
2. In the Court session,
the trial panels shall be competent to issue decisions to
terminate/resume/terminate the resolution of the civil lawsuits.
Article
220. Decisions to bring cases to trial
1. A decision to bring a
case to trial shall contain the following principal details:
a) Date of issue of the
decision;
b) Name of the Court
issuing that decision;
c) The case to be brought
to trial;
d) Name and address of
the plaintiff, defendant or agency/organization/individuals initiating the
lawsuit prescribed in Article 187 of this Code and persons with relevant
interests and duties;
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(028) 3930 3279
DĐ:
0906 22 99 66
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e) Full name of the
procurator who takes part in the Court session, full name of alternate
procurator (if any);
g) Time, date and venue
of the Court session;
h) Public trial or closed
trial;
i) Full names of persons
who are summoned to the Court session.
2. Decisions to bring the
cases to trial must be sent to the involved parties and the procuracies of the
same level immediately within 03 working days from the day on which they are issued.
Where the procuracies
participate in Court sessions as provided for in Clause 2, Article 21 of this
Code, the Courts must send the case files and the decisions to bring a case to
trial to the procuracies of the same level. Within 15 days from the day on
which the documents are received, the procuracies must study then return the
files to the courts.
Article
221. Discovery and recommendation for amendment, supplement or annulment of
legislative documents
1. During the course of
civil lawsuit’s resolution, if a legislative document related to the resolution
of a civil lawsuit denotes contrariness against a Constitution, law or
resolution of National Assembly, ordinance, resolution of Standing committee of
National Assembly or a legislative document of a superior regulatory agency,
the Court shall handle as follows:
a) If not any decisions
to bring the case to trial is issued, the Judge assigned to resolve the case
shall make a report and request the Chief Justice of the Court being in charge
of the case to issue a writing requesting the Chief Justice of the Supreme
People’s Court to recommend a competent agency to consider amending,
supplementing or annulling a legislative document;
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Within 15 days from the
day on which the written request by the Chief Justice of the inferior Court is
received, the Chief Justice of the Supreme People’s Court shall consider and
handle as follows:
a) If the request is
well-grounded, a written recommendation shall be issued and sent to the
competent agency requesting for amendment, supplement or annulment of the
legislative document and a notification shall be sent to the requesting Court
so that it issues a decision to suspend the case resolution;
b) If the request is
groundless, a written response shall be sent to the requesting Court so that it
continues the case resolution according to law provisions.
3. Agencies receiving
recommendation of the Court about the amendment, supplement or annulment of
legislative documents shall handle as follows:
a) Regarding legislative
documents detailing and/or guiding Constitutions, laws or resolutions of
National Assembly or ordinances or resolutions of Standing Committee of National
Assembly or legislative documents of superior regulatory agencies, within 01
month from the day on which the recommendation made by the Chief Justice of the
Supreme People’s Court is received, the agency issuing such documents must
consider and send written response to the Supreme People’s Court. When such time
limit expires, if not any written response is received, the Court shall resolve
the case pursuant to the documents with higher-level effect;
b) Regarding legislative
documents being laws or resolutions of National Assembly or ordiances or
resolutions of Standing committees of National Assembly, the provisions of the
Law on promulgation of legislative documents shall be applied.
Chapter
XIV
FIRST-INSTANCE COURT SESSION
Section
1. GENERAL REGULATIONS ON FIRST-INSTANCE Court SESSIONS
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The first-instance Court
sessions must be conducted on the right times and at the right places written
in the decisions to bring the cases to trial or in the notices on resuming the
Court sessions in cases where the Court sessions have been postponed.
Article
223. Place of Court session
Court sessions must be
held at the offices of the Court or outside the Court, provided that the
seriousness is ensured and the arrangement of the courtrooms shall conformed to
regulations in Article 224 of this Code.
Article
224. Arrangement of courtrooms
1. The national emblem of
the Socialist Republic of Vietnam shall be put up in the middle of the top of
the wall behind the Trial Panel.
2. The courtroom must
have areas exclusively reserved for the Trial Panel, Procurator, Court clerk,
involved parties, defense counsels of lawful rights and interests of involved
parties, other procedure participants and Court participants in the Court
sessions.
Article
225. Direct and oral trial
1. The Courts must
directly ascertain details and facts of the cases by listening to the
presentations of the plaintiffs, the defendants, persons with related interests
and duties, lawful representatives, defense counsels of the legitimate rights
and interests of the involved parties and other participants in the procedures
and agencies and organizations invited to the Court session; questioning and
listening to the answers; examining and verifying collected documents and
evidences; directing and listening to the debates among the involved parties;
listening to the opinions of the procuracy presented by procurators .
2. The trial must be oral
trial and must be conducted in courtrooms.
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1. Where Judges or
People’s Jurors cannot continue to participate in the trial, the trial may be
continued if there are alternate Judges or People’s Jurors present at the Court
sessions from the beginning.
In cases where a Trial
Panel consists of two Judges and the presiding Judge cannot continue to
participate in the trial, the other Judge being member of the Trial Panel shall
act as the presiding Judge of the Court session and the alternate Judge shall
be added to be member of the Trial Panel.
2. In cases where there
is no alternate Judge or People’s Juror to replace a member of the Trial Panel,
or where the presiding Judge of the Court session must be replaced while there
is no Judge for replacement as provided for in Clause 1 of this Article, the
case shall be retried from the beginning.
Article
227. Presence of involved parties, their representatives and defense counsels
of legitimate rights and interests
1. For the first time
duly summoned by the Court, involved parties or their representatives and
defense counsels of their legitimate rights and interests must be present at
the Court session; if any of them is absent, the trial panel shall postpone the
Court session, unless such person requests for trial in his/her absence.
The Courts must notify
the involved parties, their representatives and defense counsels of legitimate
rights and interests of the postponement of the Court session.
2. For the second time
duly summoned by the Court, involved parties or their representatives and
defense counsels of their legitimate rights and interests must be present at
the Court session, unless they request for trials in their absence; if any of
them is absent due to a force majeure event or an objective obstacle, the Court
may postpone the Court session, otherwise the Court shall handle as follows:
a) If the plaintiff is
absent and his/her representative does not participate in the Court session,
such plaintiff shall be considered giving up the lawsuit initiation, thus the
Court shall issue a decision to terminate the case resolution for his/her
request for lawsuit initiation, unless such plaintiff requests for trials in
their absence. The plaintiff may re-initiate lawsuits according to law
provisions;
b) If the defendant
without counter-claims or a person with relevant interests and duties without
independent claims is absent and his/her representative does not participate in
the Court session neither, then the Court shall direct the trial according to
absence-trial procedure;
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a) If the person with
relevant interests and duties has independent claims but is absent and his/her
representative does not participate in the Court session, such person shall be
considered giving up the independent claims, thus the Court shall issue a
decision to terminate the resolution for his/her independent claims, unless
such person requests for trial in his/her absence. Such person may re-initiate
lawsuits for his/her independent claims according to law provisions;
dd) If the defense
counsels of legitimate rights and interests of the involved parties are absent,
the Court shall direct the trial according to absence-trial procedures.
Article
228. Trial in absence of involved parties and/or defense counsels of their
rights and interests from Court sessions
The Courts shall proceed
with the case adjudication in the following circumstances:
1. The plaintiff, the
defendant or the persons with related interests and duties and their
representatives are absent from Court sessions but such
plaintiff/defendant/person with related interests and duties files an
application to request the Courts to conduct the trial in their absence;
2. The plaintiff, the
defendant or the persons with related interests and obligations, who are absent
from Court sessions, have their lawful representatives to attend the Court
sessions;
3. The cases prescribed
in points b, c, d and dd clause 2 Article 227 of this Code.
Article
229. Presence of witnesses
1. Witnesses shall be
obliged to attend Court sessions under Court subpoenas.
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The Trial Panels shall
keep adjudicating the cases if the witnesses are absent but have earlier given
their testimonies in person or sent their testimonies to courts. The presiding
Judges shall make such testimonies public.
The Trial Panels shall decide
to postpone the Court sessions if the absence of the witnesses at Court creates
difficulties or affects the objective and comprehensive resolution of the
cases.
3. If the witnesses are
absent from the Court sessions without good and sufficient reasons and such
absence obstructs the adjudication, they can be escorted to the Court sessions
under the decision of the trial panels, unless the witnesses are minors.
Article
230. Presence of expert-witnesses
1. Expert-witnesses shall
be obliged to attend Court sessions under Court subpoena to explain and answer
issues relating to the expertise and expertising conclusions.
2. Where the
expert-witnesses are absent, the Trial Panels shall decide to keep adjudicating
the cases or postpone the Court sessions.
Article
231. Presence of interpreters
1. Interpreters shall be
obliged to attend the Court sessions under Court subpoena.
2. Where the interpreters
are absent without substitutes, the Trial Panels shall decide to postpone the
Court sessions.
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1. The procurators
assigned by the heads of the procuracies of the same level shall have the duty
to attend the Court sessions. If the procurators are absent, the trial panels
shall keep adjudicating and the Court sessions shall not be postponed.
2. Where the procurators
are replaced in Court sessions or cannot continue to participate in the trial
sessions and the alternate procurators are available, the latter may attend the
Court sessions for continued trial over the cases if they are present at the
Court session from the beginning.
Article
233. Time limit for postponing a Court session and decision to postpone a Court
session
1. The trial panels shall
issue decisions to postpone a Court session in cases specified in clause 2
Article 56, clause 2 Article 62, clause 2 Article 84, Article 227, clause 2
Article 229, clause 2 Article 230, clause 2 Article 231 and Article 241 of this
Code. Time limit for postponing a Court session shall not exceed 01 month or
not exceed 15 days, applicable to Court carried out under simplified procedure,
from the day on which the decision to postpone the Court session is issued.
2. A decision to postpone
a Court session must contain the following principal details:
a) Date of issue of the
decision;
b) Name of the Court and
full names of presiding officers;
c) The case to be brought
to trial;
d) Reasons for the
postponement of the Court session;
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3. The decisions to
postpone the Court sessions must be signed by the Judges presiding over the
Court sessions on behalf of the trial panels and be publicly notified at the
Court session. For absent persons, the Courts shall immediately send the
decisions to them and concurrently to the procuracies of the same level.
4. In cases where the
Courts cannot resume the Court sessions on the right time and at the right
places inscribed in the decisions to postpone the Courts sessions, the Courts
must immediately notify the procuracies of the same level and procedure participants
of the time and venues for re-opening the Court sessions.
Article
234. Internal rules of Court sessions
1. When entering the
courtroom, everyone shall conform to the security testing of the forces
responsible for protecting the Court session.
2. Arms, murder weapons,
explosives, flammable substances, poisons, radioactive substances, objects
banned from circulation, leaflets, banners and other documents and objects
affecting the seriousness of the Court sessions are prohibited from bringing
into the Court sessions, except for exhibits serving the resolution of the
cases or arms and tools that competent persons used for protecting the Court
session.
3. Participants in a
Court session at the request of the Court must present their subpoenas,
invitations and other relevant papers to the Court reporter at clerk’s desk at
least 15 minutes before the opening time of the Court session and must take
seats in the courtroom according to the guidance of the Court reporter; people
who are late must present the required papers to the Court reporter via the
security forces of the Court session.
4. Journalists attending
a Court session to collect and communicate information about the happening of
the Court session must comply with the direction of the presiding Judge of the
Court session about press gallery. Journalists shall record audio or video of
the trial panel only when allowed by the presiding Judge of the Court session.
The recording of audio and video of involved parties or other participants in
the procedure must be agreed by them.
5. Any one attending the
Court sessions must wear serious costume and must respect the trial panel, keep
silent and must comply with the direction of the presiding Judge.
6. Persons attending the
Court sessions must not wear hats and color glasses in the courtrooms, unless
they have plausible reasons and are permitted by the presiding Judge to do so;
use of cell phones, smoking, eating, drinking and other acts affecting the
solemnity of the Court sessions are not allowed in the courtrooms.
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People who are under 16
must not get into courtrooms, unless they are summoned by the Courts to attend
the Court session.
8. All people in
courtrooms must stand up when the Trial panel members enter the courtroom and
when the judgments are pronounced, except for special cases where they are
permitted to stay seated by the presiding Judges.
9. Only persons who are
permitted by the Trial panel may raise or answer questions or express opinions.
Persons must stand up while questioning, answering or expressing opinions,
unless they are permitted by the presiding Judges to stay seated due to health
conditions.
Article
235. Procedures for rendering Court judgments or decisions in Court sessions
1. Judgments must be
discussed and adopted by the Trial Panels in the deliberation rooms.
2. Decisions to replace
the procedure presiding officers, expert-witnesses, interpreters, to transfer
the cases, to suspend or terminate the resolution of cases, or to postpone
Court sessions, or decisions to recognize the agreement between involved
parties or to suspend the Court session, must be discussed and adopted by the
trial panel at the deliberation rooms and made in writing.
3. Decisions on other
matters shall be discussed and adopted by the Trial Panels at the Court rooms
and need not to be made in writing but must be recorded in the minutes of the
Court sessions.
Article
236. Minutes of Court sessions
1. Minutes of a Court
session must be fully inscribed with the following details:
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b) All developments at
the Court session from the beginning to the end;
c) Questions, answers and
statements given at the Court session.
2. Apart from recording
the minutes of Court sessions, the Trial Panels may make audio-recording and/or
video-recording of the developments of the Court session.
3. At the end of a Court
session, the presiding Judge of the Court session must examine the minutes and
co-sign on the minutes with the Court reporter.
4. The procurator and
procedure participants shall be entitled to read the minutes of the Court
session immediately after the end of the Court session and request the
inclusion of amendments or additions into the minutes and append the
countersign.
Article
237. Preparing for the opening of a Court session
Before the opening of a
Court session, the Court reporter must perform the following jobs:
1. Briefing on the
internal rules of the Court session.
2. Checking up on the
absence or presence of the persons participating in the Court sessions under
the court’s subpoenas or notices; if any person is absent, the reasons therefor
must be clarified.
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4. Requesting all people
present in the Court room to stand up when the Trial Panel enters the Court
room.
Article
238. Procedures for conducting trial in absence of all procedure participants
1. The Courts shall base
themselves on materials and evidences included in the case files to conduct
trials in the absence of involved parties and/or other procedure participants
according to law provisions when the following conditions are fully satisfied:
a) The plaintiffs and/or
their lawful representatives submit applications for trials in their absence;
b) The defendant, persons
with relevant interests and duties and/or their lawful representatives submit
applications for trials in their absence or are absent though have been duly
summoned twice;
c) Defense counsels of
legitimate rights and interests of plaintiffs, defendants or persons with
relevant interests and duties submit applications for trials in their absence
or are absent though have been duly summoned twice.
2. The presiding Judges
of the Court session shall announce reasons for the absence of the involved
parties or their applications for trials in their absence.
3. The presiding Judges
of the Court session shall briefly announce the contents of the cases and
materials and evidences included in the case files. The trial panel shall
discuss matters to be settled in the cases.
4. Procurators shall
present opinions of the procuracies.
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Section
2. PROCEDURES FOR COMMENCING A Court SESSION
Article
239. Opening a Court session
1. The presiding Judge of
the Court session shall open the Court session and read out the decision to
bring the case to trial.
2. The Court reporter
shall then report to the Trial Panel on the presence and absence of the persons
participating in the Court session under the court’s subpoenas or notices and
the reasons for their absence.
3. The presiding Judge of
the Court shall cross-check the presence of the participants in the Court
session under the court’s subpoenas or notices and examine identities of the
involved parties and procedure participants.
4. The presiding Judge
shall explain the rights and obligations of the involved parties and other
procedure participants.
5. The presiding Judge
shall introduce full names of the procedure presiding officers,
expert-witnesses, interpreters.
6. The presiding Judge of
the Court shall ask persons who are entitled to request the replacement of
procedure presiding officers, expert-witnesses or interpreters to see if they
wish to replace anyone.
7. The witnesses shall be
requested to undertake to give truthful testimonies, if not, they will take
legal responsibility, unless the witnesses are minors.
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Article
240. Handling requests for replacement of procedure conductors,
expert-witnesses and/or interpreters
In cases where certain
persons request the replacement of procedure presiding officers,
expert-witnesses and/or interpreters, the trial panels must consider and decide
in accordance with procedures stipulated in this Code and may accept or not
accept such request. In case of non-acceptance, the reasons therefor must be
clearly stated.
Article
241. Considering and deciding on the postponement of Court sessions upon
someone’s absence
When any procedure
participants are absent from Court sessions and they do not fall into the cases
where the Courts must postpone the Court sessions, the presiding Judges must
ask if there is any one requesting the postponement of the Court sessions. If
there is, the Trial Panels shall consider and decide thereon according to the
procedures stipulated in this Code and may accept or not accept such request.
In case of non-acceptance, the reasons therefor must be clearly stated.
Article
242. Securing the objectivity of witnesses
1. Before asking the
witnesses about matters they know, which are related to the resolution of the
cases, the presiding Judges may decide to take necessary measures so that
witnesses cannot hear each other’s testimonies nor contact the relevant
persons.
2. If the testimonies of
the involved parties and the witnesses are interrelated, the presiding Judges
may decide to isolate the involved parties from the witnesses before the
witnesses are questioned.
Article
243. Inquiring the involved parties about change, supplementation or withdrawal
of their claims
Procedures for inquiring
the involved parties about change, supplementation or withdrawal of their
claims start when the presiding Judges ask the involved parties about the
following matters:
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2. Inquiring the
defendants to see whether or not they wish to change, supplement or withdraw
part or whole of their counter-claims;
3. Inquiring the persons
with related interests and duties who make independent claims to see whether or
not they wish to change, supplement or withdraw part or whole of their
independent claims.
Article
244. Considering the change, supplementation or withdrawal of claims
1. The trial panels shall
accept the change and/or supplementation of the involved parties’ claims, if
such change or supplementation does not fall beyond the scope of their original
lawsuit petitions, counter-claims or independent claims.
2. Where an involved
party voluntarily withdraws part or whole of his/her claim, the Trial Panel may
accept such request and terminate the trial regarding the withdrawn part or
whole of the claim.
Article
245. Changing the procedural status
1. Where the plaintiff
withdraws the entire lawsuit claim, but the defendant still maintains his/her
counterclaims, the defendant shall become the plaintiff and the plaintiff shall
become the dependant.
2. Where the plaintiff
withdraws the entire lawsuit claim and the defendant withdraws the entire
counterclaims, but persons with related interests and duties still maintain
their independent claims, the persons with related interests and duties shall
become plaintiffs while the persons who are sued under the independent claims
shall become defendants.
Article
246. Recognizing the agreements of involved parties
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2. The Court decisions
recognizing the involved parties’ agreements on the resolution of the cases
shall take legal effect as prescribed in Article 213 of this Code.
Section
3. ORAL ARGUMENT IN Court SESSIONS
Article
257. Contents and mode of oral argument in Court sessions
1. Oral argument at the
Courts include the presentation of evidences, questioning and answering and the
expression of opinions and argument about evidences and details of the civil
lawsuits or disputes and the applicable law provisions for the resolution of
petitions of involved parties in the cases.
2. The oral argument at
the Courts shall be conducted according to the direction of the Presiding Judge
of the Court session.
3. The Presiding Judge
must not limit the duration of the oral argument and must enable persons who
participate in the argument to present fully their opinions; however, the
Presiding Judge shall be entitled to request such persons to stop presenting
contents irrelevant to the cases.
Article
248. Presentation of defense counsels of legitimate rights and interests of the
involved parties
1. In cases where certain
involved parties still maintain their claims and cannot reach agreements on the
resolution of the cases, the involved parties shall present in the following
order:
a) The defense counsels
of the plaintiff’s legitimate rights and interests shall present the
plaintiff’s claims and evidences to prove that their claims are well-grounded
and lawful. The plaintiff shall be entitled to give additional opinions.
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b) The defense counsels
of the defendant’s legitimate rights and interests shall present the
defendant’s opinions on the plaintiff’s claims; the defendant’s counter-claims
and proposals as well as evidences to prove that such proposals are well
grounded and lawful. The defendant shall be entitled to give additional
opinions.
c) The defense counsels
of the legitimate rights and interests of persons with related rights and
obligations shall present the latter’s opinions on the claims and proposals of
the plaintiff and the defendant; independent claims and proposals of the
persons with related rights and obligations as well as evidences to prove that
such proposals are well grounded and lawful.
The persons with related
interests and duties shall be entitled to give additional opinions.
2. In cases where the
plaintiff, the defendant or the persons with related interests and duties have
no defense counsels of their legitimate rights and interests, they shall
present by themselves their claims and proposals as well as evidences to prove
that such claims and proposals are well grounded and lawful.
3. At the Court sessions,
the involved parties and defense counsels of their legitimate rights and
interest are entitled to supplement evidences as prescribed in clause 4 Article
96 of this Code to prove their respective claims and proposals.
Article
249. Order and principle of inquiring in Court session
1. When the presentations
of the involved parties finish and the defense counsels of rights and interests
of the involved parties, according to provisions of Article 248 of this Code
and under the direction of the Presiding Judge of the Court session, the order
of inquiring in Court session shall be:
a) The plaintiffs,
defense counsels of rights and interests of the plaintiffs; the defendants,
defense counsels of rights and interests of the defendants; persons with
relevant interests and duties, defense counsels of rights and interests of
persons with relevant interests and duties;
b) Other procedure
participants;
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d) Procurators
participating in the Court session.
2. Questions for the
inquiry must be clear, serious, unduplicated and the questioners must not
misuse the inquiry to infringe upon honor and dignity of procedure
participants.
Article
250. Inquiring plaintiffs
1. In cases where there
are more than one plaintiff, they shall be inquired and separately one by one.
2. The plaintiffs shall
be inquired only about matters presented by themselves or by the defense
counsels of their legitimate rights and interests which are unclear,
inconsistent or contradictory to their previous testimonies, or contradictory
to the presentations of the defendant, the persons with related rights and
obligations and/or the defense counsels of their legitimate rights and
interests.
3. Plaintiffs may
themselves reply or the defense counsels of their legitimate rights and
interests may rely on their behalf, then the plaintiffs may give additional
answers.
Article
251. Inquiring defendants
1. In cases where there
is more than one defendant, each defendant shall be inquired separately.2. The
defendants shall only be inquired about matters which have been unclearly presented
by themselves or the defense counsels of their legitimate rights and interests
or have been inconsistent or contradictory to their previous testimonies, or
contradictory to the claims of the plaintiffs or the persons with related
rights and obligations and/or the defense counsels of their legitimate right
and interests.
3. Defendants may answer
questions by themselves or the defense counsels of their legitimate rights and
interests answer on their behalf before the defendants give additional answers.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. In cases where there
are more than one person with related interests and obligations, each of them
shall be inquired separately.
2. The persons with
related interests and obligations shall only be inquired about matters which
have been unclearly presented by themselves or the defense counsels of their
legitimate rights and interests or have been inconsistent or contradictory to
their previous testimonies, or contradictory to the claims of the plaintiffs or
the persons with related rights and obligations and/or the defense counsels of
their legitimate right and interests.
3. Persons with related
rights and obligations may answer questions by themselves or the defense
counsels of their legitimate rights and interests answer on their behalf before
they give additional answers.
Article
253. Inquiring witnesses
1. Before questioning
witnesses, the presiding Judges shall ask clearly about the relations between
them and parties involved in the cases; if witnesses are minors, the presiding
Judges may request their parents, guardians or teachers to help in the
inquiries. In cases where there is more than one witness, each of them shall be
inquired separately.
2. The presiding Judges
shall request the witnesses to present details about the cases that they know.
After the witnesses complete their presentations, they may only be further
questioned about points which they have presented unclearly, incompletely or
inconsistently or which have been contradictory to their previous testimonies,
contradictory to the presentations of the involved parties and/or the defense
counsels of the involved parties’ legitimate rights and interests.
3. After completing their
presentations, the witnesses shall stay in the Court rooms so that they may be
further questioned.
4. In cases where it is
necessary to secure the safety of the witnesses or their relatives, the Trial
Panels may decide not to disclose information on their personal records and
must keep them from being seen by attendants to the Court sessions.
5. involved parties and
defense counsels of their legitimate rights and interests may question the
witnesses after agreed by the presiding Judges of the Court session.
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DĐ:
0906 22 99 66
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1. The Trial Panel shall
publicly disclose materials and evidences of a case in the following cases:
a) Procedure participants
are absent from Court sessions but have given their testimonies during
adjudication preparation;
b) Testimonies given in
Court sessions by procedure participants are contradictory to their previous
testimonies;
c) In other cases that
the trial panel considers necessary or at the request of procurators, involved
parties, defense counsels of rights and interests of involved parties, other
procedure participants.
2. In special cases where
it is necessary to keep State secrets, to preserve the nation’s fine customs
and practices, to keep professional secrets, business secrets, private secrets
or family secrets or to protect minor people at the requests of the involved
parties, the trial panels shall not disclose documents included in the case
files.
Article
255. Listening to audio-tapes and/or discs, watching video tapes and/or discs
and other audio/video-recording devices
At the request of the
involved parties, defense counsels of their legitimate rights and interests,
procedure participants or procurators or when deeming it necessary, the Trail
Panels may arrange for the audio tapes and/or discs to be listened to, and/or
video tapes and/or discs and/or other audio/video recording devices to be
screened in Court sessions, except for the cases stipulated in Clause 2 of
Article 254 of this Code.
Article
256. Examining exhibits
Exhibits, photos or
records certifying exhibits shall be presented for examination in Court
sessions.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
257. Inquiring expert-witnesses
1. The presiding Judges
shall request the expert-witnesses to present their conclusions on matters they
have been assigned to expertise. During their presentations, the
expert-witnesses may give additional explanations on the expertising conclusions
and the grounds to make such conclusions.
2. Procurators and
procedure participants present in Court sessions shall be entitled to give
comments on the expertising conclusions, to ask about matters which are unclear
or contradictory in the expertising conclusions or contradictory to other
details of the cases.
3. In cases where the
expert-witnesses are absent from Court sessions, the presiding Judges shall
publicly disclose the expertising conclusions.
4. When any involved
parties or defense counsels of rights and interests of involved parties
disagrees with the expertising conclusions publicly disclosed in Court sessions
and request the expert-witnesses to make additional expertise or re-expertise,
if deeming that the additional expertise or the re-expertise is necessary for
the settlement of the cases, the Trial Panels shall decide on the additional
expertise or re-expertise; in this case, the Trial Panels shall decide to
postpone the Court sessions according to provisions in point d clause 1 Article
259 of this Code.
Article
258. Concluding the inquiries in Court sessions
When deeming that the
case details have been fully examined, the presiding Judges shall ask the
procurators, the involved parties, the defense counsels of the legitimate rights
and interests of the involved parties and other procedure participants whether
they request to ask about any matters or not; in cases where someone has such
request and he/she deems that such request is well grounded, the presiding
Judges shall decide to continue the inquiries.
Article
259. Postponement of Court sessions
1. During the process of
adjudication, the trial panel shall be entitled to make decisions to postpone
the Court session in any of the following cases:
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(028) 3930 3279
DĐ:
0906 22 99 66
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b) Due to health
conditions or due to a force majeure event or an objective obstacle, the procedure
participant cannot continue participating in the Court session, unless the
presiding officer apply for trial in their absence;
c) Cases where materials
and/or evidences must be verified or additional collected to resolve the cases
and such activities could not be carried out at the court;
d) Cases where the
additional expertising results or the re-expertising results have not been made
and must be waited for;
dd) Involved parties
agree to request the Court to postpone the Court session so that they will
conduct mediation themselves;
e) Cases which must be
reported to the Chief Justice of the Courts to apply for amendment and/or
supplement or repeal of legislative documents as prescribed in Article 221 of
this Code.
2. The postponement of
the Court sessions must be recorded in minutes. Duration of the postponement of
the Court sessions must not exceed 01 month from the day on which the trial
panels make decisions to postpone the Court sessions. When such time expires,
if the reasons for the postponement do not exist anymore, the trial panels
shall resume the Court sessions; otherwise, the trial panels shall make
decisions to suspend the resolution of the lawsuits. The trial panels must send
written notification to procedure participants and the procuracies of the same
levels about the time for resuming the Court sessions.
Article
260. Order for making arguments
1. At the end of the
inquiring process, the Trial Panels shall move on to the arguments in Court
sessions. The order for making arguments shall be as follows:
a) The defense counsels
of the plaintiffs’ legitimate rights and interests shall make their
presentations. The plaintiff shall be entitled to give additional opinions. In
cases where agencies or organizations initiate lawsuits, the representatives of
such agencies or organizations shall present their opinions. The persons having
their rights and interests protected may give additional comments;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Defense counsels of
the legitimate rights and interests of persons with related interests and
duties shall make presentations. The persons with related interests and duties
shall be entitled to give additional opinions;
d) Involved shall present
their arguments and counter-arguments according to the control of the presiding
Judges;
dd) When it is deemed
necessary, the trial panels may request involved parties to make additional
argument about specific matters that are used as grounds for the resolution of
the cases.
2. In cases where the
plaintiffs, the defendants or persons with related interests and duties have no
one to defend their legitimate rights and interests, they shall themselves make
presentations during the arguments.
3. If any of the involved
parties or other participants is absent, the presiding Judges of the Court
sessions shall publicly disclose his/her testimonies so that involved parties
present at the courtroom could make arguments and responses.
Article
261. Presentations during arguments and responses
When making presentations
on the assessment of evidences or expressing their views on the resolution of
cases, persons participating in the arguments must base themselves on documents
and evidences that have been collected, examined and verified in Court sessions
as well as results of the inquiring process in Court sessions. They may respond
to the opinions of others.
Article
262. Presentations of procurators
When procedure
participants have present their arguments and responses, the procurators shall
give opinions about the compliance of the Judges, trial panels, Court reporters
and other procedure participants with procedure law during the course of
resolution of the cases, from the acceptance to the deliberation and about the
case resolution.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
263. Resuming inquiries and arguments
Through arguments, if
deeming that details of the cases have not been considered, or have been
considered insufficiently, or it is necessary to additionally examine
evidences, the trial panels shall decide to resume the inquiring process.
Section
4. DELIBERATION AND PRONOUNCEMENT OF JUDGMENTS
Article
264. Deliberation
1. At the end of
arguments, the trial panels enter the deliberation rooms to deliberate the
cases.
2. Only members of the trial
panels are allowed to participate in the deliberation. During the deliberation,
the trial panel members must base themselves on materials and evidences
examined at the Court sessions, the results of arguments at the Court sessions
and law provisions; if the cases are of cases specified in clause 2 Article 4
of this Code, the trial members must also base themselves on customs The
People’s Jurors shall vote first while the presiding Judges shall vote last.
The minority may express their opinions in writing which shall be recorded in
the case files.
3. Deliberation must be
recorded in minutes specifying all opinions discussed and decisions of the
trial panels. The deliberation records must be signed at the deliberation rooms
by all members of the trail panels before the judgments are pronounced.
4. Where the cases
involve many complicated circumstances and the deliberation requires a longer
time, the trial panels may decide on the deliberation time limit which,
however, shall not exceed 05 working days since the end of arguments in Court
sessions.
The trial panels must
inform all persons present in Court sessions and the absent procedure
participants of the hours, date and place where the judgments shall be
pronounced If the trial panels have made the notification while some proceeding
participants are absent, the trial panels shall still proceed with the
pronouncement of judgments as provided for in Article 267 of this Code.
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DĐ:
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Through deliberation, if
deeming that details of the cases have not been considered, the inquiries have
not been sufficient or evidences should be further examined, the trial panels
may decide to resume the inquiries and arguments.
Article
266. First-instance judgments
1. Courts shall render
judgments in the name of the Socialist Republic of Vietnam.
2. A judgment shall
contain an introduction, contents of the case and assessment of the court, and
the court’s decision. To be specific:
a) The introduction
section of the judgment must clearly state the name of the first-instance
court; the serial number and date of the case acceptance; the serial number of
the judgment and the date of judgment pronouncement; full names of the members
of the trial panel, the Court reporter, the procurators, expert-witnesses and
interpreter; full names and addresses of the plaintiff, defendant, persons with
related interests and duties; agencies, organizations or individuals initiating
the lawsuit; the lawful representatives, the defense counsels of the legitimate
rights and interests of the involved parties; matters under dispute; the serial
number and date of the decision to bring the case to trial; form of trial:
public trial or closed trial; time and place of trial;
b) The contents of the
cases and assessment of the Court must contain the lawsuit petition of the
plaintiff, lawsuit petition of agency/organization/individual; counter-claims
and/or requests of the defendant; independent claims and/or requests of persons
with related interests and duties.
The Court must base
themselves on materials and evidences examined at the Court session and result
of argument at the Court session to analyze and assess comprehensively and
objectively details of the case and legal bases; if the case is of those
specified in clause 2 Article 4 of this Code, the customs, the provisions
applicable to same matters, basic principles of civil laws, legal precedents or
the justice shall be based on when deciding to or to not approve the
petitions/requests of the involved parties or representatives of their
legitimate rights and interests and resolving relevant matters.
c) The court’s decision
must state legal grounds, decisions of the trial panel on each matter to be
resolved in the case, on the application of provisional emergency measures,
Court fees, procedural charges and right to appeal against the judgment; in
cases where there are decisions which must be executed immediately, such
decisions must be clearly stated.
3. When retrying cases of
which judgments or decisions have been partial or wholly cancelled according to
cassation/reopening decisions, the Court shall resolve all issues pertaining to
properties and/or duties that have been executed (if any) according to legally
effective judgments and decisions that are cancelled; such shall be recorded in
the judgment.
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(028) 3930 3279
DĐ:
0906 22 99 66
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The Trial panels shall
pronounce the judgments in the presence of involved parties, representatives of
agencies/organizations/individuals initiating lawsuits. If the involved parties
are present during the Court session but are absent at the time of pronouncing
judgments or in cases specified in clause 4 Article 264 of this Code, the
judgment shall be still pronounced by the trial panels.
Upon the pronouncement of
a judgment, all people in the courtroom must rise up, except for special cases
permitted by the presiding Judge. The presiding Judge or another member of the
trial panel reads out the judgment and may give further explanation of the
judgment execution and the right to appeal.
If Court conducts the
trial behind closed doors as prescribed in clause 2 Article 15 of this Code,
the trial panel shall publicly pronounce only the beginning and the decisions
in the judgment.
If the involved parties
need interpreters, the interpreters shall interpret the parts of judgment that
are publicly pronounced.
Article
268. Amendment or supplementation of judgments
1. A judgment, once
pronounced must not be amended or supplemented, except where obvious mistakes
in spelling, in data due to confusion or miscalculation are detected.
2. If the judgment needs
to be amended or supplemented as prescribed in clause 1 of this Article, the
Judge shall cooperate with People’s Jurors being members of the trial panel
making such judgment to issue a decision on amendment and/or supplement of the
judgment and immediately send it to the involved parties,
agencies/organizations/individuals initiating the lawsuit, procuracy of the
same level and civil judgment-executing bodies if the judgment has been sent to
such civil judgment-executing bodies.
In cases where the Judge
in charge of the case no longer hold the Judge’s position at the Court making
such judgment, the courts’ Chief Justices shall carry out such amendment or
supplementation.
Article
269. Supplying judgment extracts and judgments
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Within 10 days as from
the date of judgment pronouncement, the Court shall hand over or send the
judgment to the involved parties, agencies, organizations or individuals
initiating the lawsuit and the procuracy of the same level.
3. An effective
first-instance judgment of the Court about resolution of civil lawsuit
pertaining to interests of consumers initiated by a social organization
protecting interests of consumers must be publicly posted at the office of the
Court and must be publicly posted on one of central or local dailies for three
consecutive issues.
An effective
first-instance judgment of the Court relevant to the compensation
responsibility of the State must be sent to State management agencies competent
in state compensation by the Court.
An effective
first-instance judgment of the Court relevant to the change of civil status of
an individual must be notified by the Court in writing enclosed with judgment
extracts to People’s Committee where such individual registered for civil
status as prescribed in the Law on civil status.
Time limit for public
disclosure, posting or delivery of judgments and notices prescribed in this
clause is 05 working days from the day on which the judgment takes legal
effect.
4. Effective first-instance
judgments of the Court shall be posted on e-portal of the Court (if any),
except for court’s judgments/decisions containing information specified in
clause 2 Article 109 of this Code.
PART
THREE
PROCEDURES FOR RESOLUTION OF CASES AT
APPELLATE COURTS
Chapter
XV
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Article
270. Nature of appellate trial
Appellate trial means the
re-trial by the appellate Court of a case with the first-instance court’s judgment
or decision having not yet taken legal effect and being appealed against.
Article
271. Persons having the right to appeal
The involved parties or
their representatives, agencies, organizations or individuals initiating
lawsuits shall have the right to lodge their appeals against judgments or
decisions of the first-instance Courts to suspend or terminate the resolution
of lawsuits in order to request the appellate Courts to conduct re-trials
according to the appellate procedures.
Article
272. Application for an appeal
1. When exercising
his/her right to appeal, the appellant shall formulate an application for
appeal. An application for an appeal must have the following principal
contents:
a) Date on which the
application is made;
b) Name, address; phone
number, fax number, e-mail address (if any) of the appellant;
c) The section of
judgment or decision of the first-instance Court which has not yet taken legal
effect and is appealed;
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(028) 3930 3279
DĐ:
0906 22 99 66
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dd) Signature or
fingerprint of the appellant.
2. Any appellant being
individual who has fully civil procedure act capacity may formulate application
for appeal himself/herself. Regarding the blanks for name and address of the
appellant on the application form, full name, address, phone number, fax
number, e-mail address (if any) of the appellant must be written. At the end of
the application form, the appellant must append his/her signature or
fingerprint.
3. For appellant
specified in clause 2 of this Article, if the appellant cannot apply for appeal
himself/herself, he/she may authorize a representative to conduct the
application for appeal. Regarding the blanks for name and address of the
appellant on the application form, full name and address of the proxy representative
of the appellant; phone number, fax number, e-mail address (if any) of the
appellant must be written and the written authorization for conduct application
for appeal must be enclosed therewith. At the end of the application form, the
proxy representative of appellant must append his/her signature or fingerprint.
4. Lawful representatives
of involved parties being agencies or organizations may make appeal themselves.
Regarding the blanks for name and address of the appellant on the application
form, names, addresses, phone numbers, fax numbers, e-mail addresses (if any)
of the involved parties being agencies, organizations and full names and
positions of the lawful representatives of the involved parties being must be
written. At the end of the application form, the lawful representatives must
append signature and affix seal of such agencies/organizations; if the
appellant is an enterprise, the seal shall be used according to provisions of
the Law on Enterprise.
If the lawful
representatives of involved parties being agencies/organizations authorize
other persons to conduct appeal, at the blanks for name and address of the
appellant on the application form, full names and addresses of the lawful
representatives of such agencies/organizations; phone numbers, fax numbers,
e-mail addresses (if any) of the agencies/organizations; full names, positions
of lawful representatives of such agencies/organizations must be written and
written authorizations must be enclosed therewith. At the end of the
application form, the proxy representative of appellant must append his/her
signature or fingerprint.
5. The lawful
representatives of the involved parties being minors or legally incapacitated
persons may formulate application for appeal by themselves. At the blanks for
name and address of the appellant on the form, full names and addresses of the
lawful representatives; full names and addresses of involved parties being
minors or legally incapacitated persons must be written. At the end of the
application form, the proxy representatives of appellant must append their
signatures or fingerprints.
If the lawful
representatives of involved parties authorize other persons to conduct appeal,
at the blanks for name and address of the appellant on the application form,
full names and addresses of the authorized representatives; full names and
addresses of the lawful representatives of the involved parties; full names and
addresses of involved parties being minors or legally incapacitated persons
must be written and the written authorization must be enclosed therewith. At
the end of the application form, the proxy representatives of appellant must
append their signatures or fingerprints.
6. The authorization
specified in clauses 3, 4 and 5 of this Article must be carried out under
written authorizations that are lawfully notarized and authenticated, except
for cases where such authorizations are formulated under the witness of the
Judges or persons assigned by the Chief Justices. The written authorizations
must contain the contents of the judgments/decisions on suspension/termination
of the cases issued by the first-instance Courts that the involved parties
authorized the proxy representatives to file appeals against.
7. The appeal application
must be filed with the first-instance Court which rendered the
first-instance-judgment or decision being appealed against. Where the appeal
application is filed with the appellate Court, the appellate Court must
transfer the application to the first-instance Court for carrying out necessary
procedures and sending the case file to the appellate Court as provided for in
this Code.
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Article
273. Time limit for an appeal
1. The time limit for an
appeal against the first-instance court’s judgment is 15 days as from the date
of judgment pronouncement; for the involved parties or representatives of
agencies/organizations/individuals initiating lawsuits being absent from the
Court sessions or absent when the Court pronounces the judgment with good and
sufficient reason, the time limit for an appeal shall be counted from the date
the judgment is handed to them or publicly posted up.
For cases where involved
parties, representatives of agencies/organizations/individuals initiating
lawsuits are present in Court sessions but absent when the Court pronounces the
judgment without good and sufficient reason, time limit for an appeal shall be
counted from the date of judgment pronouncement.
2. The time limit for an
appeal against the first-instance court’s decision on to suspend or terminate
the resolution of the case is 07 days counting from the day on which the
involved parties and the agencies, organizations and individuals initiating
lawsuits receive the decision or from the day on which the decision is posted
up as prescribed in this Code.
3. For cases where the appeal
applications are sent by post, time limit for an appeal shall be determined
pursuant to the date written on the post seal of the sending post office. If
the appellant is incurring a detainment, the date of appeal shall be the day on
which the appeal application is certified by the prison officers.
Article
274. Examination of appeal applications
1. After receiving the
appeal applications, the first-instance Courts must examine their validity as
provided for in Article 272 of this Code.
2. In case of overdue
appeals, the first-instance Courts shall request the appellants to further
explain the reasons therefor and provide materials and/or evidences (if any) to
prove that the reasons for late submission of their appeal applications are
plausible.
3. Where the appeal
applications are made not in compliance with the provisions of Article 272 of
this Code, the first-instance Courts shall request the appellants to amend or
supplement them.
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a) The appellant is not
entitled to file an appeal;
b) The appellant fails to
make another appeal application or fails to amend or supplement the appeal
application at the request of the Court as prescribed in clause 3 of this
Article.
c) Cases specified in
clause 2 Article 276 of this Code.
Article
275. Overdue appeals and consideration for overdue appeals
1. Appeals that are not
made within the time limit stipulated in Article 273 of this Code shall be the
overdue appeals. After receiving overdue appeal applications, the
first-instance Courts must forward the applications and the appellants’
explanation of the reasons for late filing the appeals, materials and/or
evidences (if any) to the appellate Courts.
2. Within 10 days after
receiving the overdue appeal applications and the accompanied materials and/or
evidences, the Courts of appeal shall set up a Panel consisting of three Judges
to consider the overdue appeals. The meetings for considering overdue appeals
must be under the presence of representatives of the procuracies of the same
level and the overdue appeal applicants. If the appellants and/or the
procurators are absent, the meetings shall be still carried on by the Court.
3. Pursuant to materials
and evidences related to the overdue appeals, opinions of the overdue appeal
applicants and representatives of the procuracies at the meetings, the
overdue-appeal-considering Panel shall issue decisions under the majority rule
on the acceptance or refusal of the overdue appeals that contain explanation
for such acceptance or refusal. The appellate Courts must send their decisions
to the overdue appeal applications, the first-instance Courts and the
procuracies of the same level. If the appellate Courts accept the overdue
appeals, the first-instance Courts shall carry out procedures stipulated in
this Code.
Article
276. Notification of payment of appellate Court fee advance
1. After accepting the
valid appeal applications the first-instance Courts must notify the appellants
thereof so that they pay the appellate Court fee advances as required by law,
if they do not fall cases of being exempt from, or having not to pay, the
appellate Court fee advances.
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If the appellants pay
submit the Court the receipts of the payment of Court fee advances after 10
days as from the day on which the courts’ notifications of payment of the
appellate Court fee advances are received without explanation, the
first-instance Courts shall request the appellant to send a writing presenting
reasons for the lateness of submission of such receipts to the first-instance
Courts within 03 working days from the day on which the courts’ notifications
are received to be recorded in the case files. Such cases shall be settled
according to the overdue appeal consideration procedures.
Article
277. Notice of appeal
1. After receiving the
valid appeal applications, the first-instance Courts must notify such in
writing to the procuracies of the same level and the involved parties, enclosed
with copies of the appeal applications and additional materials and evidences
that the appellants enclosed with the appeal applications.
2. Involved parties
relevant to the appeal who are notified of the appeals shall be entitled to
send to the appellate Courts documents expressing their opinions on the
appealed matters. Such documents shall be included in the case files.
Article 278. Appeal by
procuracies
The head of the procuracy
of the same level or the immediate superior level shall be entitled to appeal against the
first-instance court’s judgments or decisions to suspend or terminate the
resolution of the cases in order to request the immediate superior Court to
directly settle the cases according to the appellate procedures.
Article 279. Appeal decisions
of procuracies
1. The procuracies’
appeal decisions must be made in writing and contain the following principal contents:
a) Issuing date and
serial number of the appeal decision;
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c) Appealed sections of
parts or the whole first-instance court’s judgments or decisions which have not
yet taken legal effect;
d) Reason(s) for such
appeal and the procuracy’s claims.
dd) Full name of the
person signing the appeal decision and seal of the procuracy issuing the appeal
decision.
2. The appeal decisions
must be immediately sent to the first-instance Courts that have rendered the
appealed judgments or decisions so that such Courts shall carry out procedures
stipulated by this Code and send the case files to the appellate Courts as
provided for in Article 283 of this Code.
3. Enclosed with the
appeal decisions shall be additional documents and/or evidences (if any) to
prove that the procuracies’ appeals are well grounded and lawful.
Article
280. Time limit for an appeal
1. The time limit for
making an appeal against a first-instance court’s judgment shall be 15 days for
the procuracy of the same level and 1 month for the immediate superior
procuracy, counting from the date of judgment pronouncement. In cases where the
procurators do not attend the Court sessions, the appeal time limit shall be
counted from the day on which the procuracy of the same level receives the
judgment.
2. The time limit for
making an appeal against the first-instance court’s decision on suspension or
termination of the resolution of the case shall be 07 days for procuracy of the
same level and 10 days for immediate superior procuracy, counting from the day
on which the procuracy of the same level receives such decision.
3. If the Court receives
the appeal decision from the procuracy after the time limit prescribed in
clauses 1 and 2 of this Article, the first-instance Court shall request the
procuracy to provide explanation in writing.
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1. The procuracy issuing
an appeal decision must promptly send the appeal decision to the parties
relating to the appeal.
2. Persons who are
notified of the appeal shall be entitled to send to the appellate Court
documents expressing their views on the appealed matters. Such documents shall
be included in the case files.
Article
282. Effects of an appeal
1. First-instance courts’
judgments/decisions or parts thereof that are appealed against shall not be
enforced, except where the law requires the immediate enforcement thereof.
2. The first-instance
courts’ judgments/decisions or parts thereof which are not appealed against
shall take legal effect as from the day on which the appeal time limit expires.
Article 283. Forwarding case
files and appeals
The first-instance Courts
must forward case files, appeals and accompanying materials and evidences to
the appellate Courts within 05 working days from the date:
1. The time limit for an
appeal expires;
2. The appeal time limit
expires and the appellant has submitted the receipt of the payment of appellate
Court fee advance to the first-instance court.
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1. If the time limit for
appeal specified in Article 273 of this Code has not expired, the appellant is
entitled to modify or supplement the appeal regardless of the scope of the
original appeal.
If the time limit for
appeal specified in Article 280 of this Code has not expired, the procuracy
shall be entitled to modify or supplement the appeal regardless of the scope of
the original appeal.
2. Before the opening of
appellate Court sessions or in appellate Court sessions, the appellants may
modify or supplement their appeals and the procuracies issuing appeal decisions
may modify or supplement their appeals, provided that the modification or
supplementation must not go beyond the scope of the original appeals or
appeals, if the appeal or appeal time limit has expired.
3. Before the opening of
appellate Court sessions or in appellate Court sessions, the appellants may
withdraw their appeals and the procuracies issuing appeal decisions or the
immediate superior procuracy may withdraw their appeals.
The appellate Courts
shall terminate the appellate trial over parts of the cases against which the
appellants have withdrawn their appeals or the procuracies have withdrawn their
appeals.
The termination of the
appellate trials before the opening of the appellate Court sessions shall be
decided by the presiding Judges of the Court sessions; the termination of the
appellate trials in the Court sessions shall be decided by the trial panels.
4. The modification,
supplementation or withdrawal of appeals before the opening of appellate Court
sessions must be made in writing and sent to the appellate courts. The
appellate Courts must notify involved parties of the modification, supplement
or withdrawal of appeals and notify the procuracies of the same level of the
modification, supplement or withdrawal of the appeals.
The modification,
supplementation or withdrawal of appeals in Court sessions must be recorded in
the minutes of the Court sessions.
Chapter
XVI
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Article
285. Acceptance of appellate trial
1. Immediately after
receiving the case files, appeals and accompanying materials and evidences, the
appellate Courts must record them to the acceptance books.
Within 03 working days
from the date of judgment acceptance, the Court shall send written
notifications to involved parties, agencies, organizations and individuals
initiating lawsuits and procuracy of the same level informing that it has
accepted the petition; such information shall be also posted on e-portal of the
Court (if any).
2. The Chief Justice of
the appellate Court shall set up an appellate trial panel and assign a Judge to
be the presiding Judge of the Court session.
Article
286. Time limit for preparation for appellate trials
1. Within 02 months as
from the day on which the petition is accepted, the competent Court shall, on a
case-by-case basis, issue one of the following decisions:
a) To suspend the
appellate trial over the cases;
b) To terminate the
appellate trial over the cases;
c) To bring a case to
appellate trial.
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2. Within 01 month form
the day on which the decision to bring a case to trial is issued, the Court
shall open an appellate Court session; if there is good and sufficient reason,
such period shall be 02 months.
3. If there is a decision
to suspend the appellate trial over the case, time limit for preparation for
the appellate trial shall be calculated from the day on which the decision to
resume the lawsuit settlement issued by the Court takes legal effect.
4. Time limit prescribed
in this Article shall not be applicable to cases that are appealed according to
simplified procedures and cases involving foreign elements.
Article
287. Provision of materials and evidences during the preparation for appellate
trial
1. Involved parties are
entitled to supplement the following materials and evidences during the
preparation for appellate trial:
a) Materials and
evidences requested by the first-instance Court that have not been provided by
the involved parties due to good and sufficient reason;
b) Materials and
evidences not requested by the first-instance Court or
2. Procedures for
supplying materials and/or evidences shall be conformable with provisions of
Article 96 of this Code.
Article
288. Suspension of the appellate trial
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2. A decision to suspend
the appellate trial over a case shall be effective immediately and shall be
immediately sent to involved parties, agencies/organizations/individuals
initiating the lawsuit and the procuracy of the same level.
Article
289. Termination of the appellate trial
1. The appellate Court
shall issue a decision to suspend the appellate trial over a case or a part of
a case in the following cases:
a) Cases specified in
points a and b clause 1 Article 217 of this Code;
b) The appellant withdraw
the whole appeal or the procuracy withdraw the whole appeal;
c) The appellant withdraw
a part of the appeal or the procuracy withdraw a part of the appeal;
d) Other cases as
prescribed by law.
2. If the appellant
withdraws the whole appeal or the procuracy withdraws the whole appeal before the
appellate Court issues the decision to bring a case to appellate trial, the
decision to terminate the appellate trial shall be issued by the Judge assigned
to preside the Court session; if the appellant withdraws the whole appeal or
the procuracy withdraws the whole appeal when the Court has issued the decision
to bring a case to appellate trial, the decision to terminate the appellate
trial shall be issued by the appellate trial panel.
In such cases, first-instance
judgments/decisions shall take legal effect from the day on which the appellate
Courts issue the decisions to terminate the appellate trial.
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4. A decision to
terminate the appellate trial over a case shall be effective immediately and
shall be immediately sent to involved parties,
agencies/organizations/individuals initiating the lawsuit and the procuracy of
the same level.
Article
290. Decision to bring a case to appellate trial
1. A decision to bring a
case to appellate trial shall consist of the following principal contents:
a) Information specified
in points a, b, c, d, g, h and I clause 1 Article 220 of this Code;
b) Full name of the
Judge, Court clerk; full name of alternate Judge (if any);
c) Full name, procedural
capacity of the appellant;
d) Procuracy lodging
appeal (if any);
dd) Full name of the
procurator participating in the Court session; full name of the alternate
procurator (if any).
2. A decision to bring a
case to appellate trial must be sent to involved parties and procuracy of the
same level within 03 working days from the day on which it is issued.
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Within the preparation
for appellate trials, appellate Courts shall be entitled to issue decisions to
apply, change or cancel provisional emergency measures prescribed in Chapter
VIII of this Code.
Article
292. Forwarding the case files to the procuracies for study
1. Appellate Courts must
forward the case files and decisions to bring the case to trial to procuracies
of the same levels for study.
2. The procuracies shall
study the files within 15 days as from the day on which such case files are
received; upon the expiry of such time limit, the procuracies must return the
case files to the Courts.
Chapter
XVII
APPELLATE TRIAL PROCEDURES
Section
1. PROCEDURES FOR OPENING AN APPELLATE COURT SESSION
Article
293. Scope of appellate trial
The appellate Courts
shall only review the parts of the first-instance judgments/decisions, which
are appealed against or related to the review of the appealed contents.
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1. The appellants, the
involved parties, agencies/organizations/individuals that are related to the
resolution of the appeals and the defense counsels of the involved parties’
legitimate rights and interests must be summoned to the appellate Court
sessions. The Courts can summon other procedure participants to Court sessions
if they deem it necessary for the resolution of the appeals.
2. Procurators of the
procuracy of the same level shall participate in the appellate Court session.
Article
295. Suspension or termination of appellate trials in Court sessions
At appellate Court
sessions, the suspension or termination of the appellate trail of cases shall
comply with the provisions of Articles 288 and 289 of this Code.
Article
296. Postponement of appellate Court sessions
1. If the procurators
assigned to participate in the appellate Court sessions are absent, the trial
panels shall not postpone the Court sessions and shall carry on the trial,
unless the procuracy lodge appeals.
2. If people who file
appeals, people who do not file appeals but have interests and duties related
to the appeals or defense counsels of their legitimate rights and interests are
absent at the first time they are duly summoned, the Court sessions must be
postponed. If they apply for trial in
their absence, the Judge shall carry out the
appellate Court sessions according to procedures for trial in their absence.
3. If the appellants who
have been duly summoned twice but are still absent, they shall be considered
having waived their appeals and the Courts shall issue decisions to stop the
appellate trial over the appeals of such appellants; if such appellants apply
for trials in their absence, the Court shall carry out the appellate Court
sessions in their absence.
If the appellants are
absent due to force majeure events or objective obstacles, the Court sessions
must be postponed.
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If people who do not file
appeals but have interests and duties related to the appeals and other
participants who have been duly summoned twice by the Courts but still absent,
the Court shall carry on the trial.
4. The duration for
postponement of, and the decisions to postpone, the appellate Court sessions
shall comply with the provisions of Article 233 of this Code.
Article
297. Preparation for the opening of appellate Court sessions and procedures for
starting the appellate Court sessions
The preparation for the
opening of appellate Court sessions and the procedures for starting the
appellate Court sessions shall comply with the provisions of Articles 237, 239,
240, 241 and 242 of this Code.
Article
298. Asking about the appeals and processing of change of appeals in Court
sessions
1. After the conclusion
of the procedures for opening an appellate Court session, a member of the trial
panel shall announce the contents of the case, the decision of the
first-instance judgment and the appealed contents.
2. The presiding Judge
shall ask the following issues:
a) Whether or not the
plaintiff wishes to withdraw his/her/its lawsuit petition or not;
b) Whether or not the appellant
or the procurator wishes to change, supplement or withdraw their appeal;
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3. If the appellant
withdraws a part of the appeal or the procuracy withdraws a part of the appeal,
Court shall accept such withdrawal. If the appellant or the procuracy
supplement contents that exceed the original scope of appeal, the Court shall
not consider such contents.
Article
299. Plaintiffs withdraw lawsuit petitions before the opening of, or in,
appellate Court sessions
1. If the plaintiffs
withdraw their lawsuit petitions before the opening of, or in, appellate Court
sessions, the appellate Trial Panels must ask the defendants whether they agree
therewith or not and may settle on a case-by-case basis as follows:
a) Disapproving the
withdrawal of lawsuit petitions by the plaintiffs if the defendants disagree;
b) Approving the
withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The
Appellate Trial Panels shall issue decisions to abrogate first-instance
judgments and terminate the resolution of the cases. In this case, the involved
parties are still required to pay the first-instance Court fees as decided by
the first-instance Courts and half of the appellate Court fees as provided for
by law.
2. In cases where the
Appellate Trial Panels issue decisions to terminate the resolution of the cases
as prescribed in point b clause 1 of this Article, the plaintiffs shall be
entitled to re-institute the cases according to the procedures prescribed by
this Code.
Article
300. Recognizing the agreement of the involved parties in appellate Court
sessions
1. In appellate Court
sessions, if the involved parties can reach mutual agreement on the resolution
of their cases and their agreements are voluntary and not contrary to law or
social ethics, the appellate trial panels shall render appellate judgments to
revise the first-instance Court judgments and recognize the agreement of the
involved parties.
2. The involved parties
may also reach agreement on the payment of the first-instance Court fees. If
they fail to reach such agreement, the Courts shall make decision according to
law provisions.
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Section
301. Contents and forms of oral argument in appellate Court sessions
Contents and forms of
oral argument in appellate Court sessions shall comply with regulations in
Article 247 of this Code.
Article
302. Presentations of the involved parties and procurators in appellate Court
sessions
If the involved parties
maintain the appeals and the procuracies maintain the appeals, the
presentations in appellate Court sessions shall be performed as follows:
1. Presentation of
appeals:
a) Defense counsels of
legitimate rights and interests of the appellant shall make presentation of the
contents of appeals and grounds for the appeals. The appellants may give
additional opinions.
In cases where all
involved parties appeal, the presentations shall be made in the following
order: the defense counsels of legitimate rights and interests of the
appellants being plaintiffs and the plaintiffs; the defense counsels of
legitimate rights and interests of the appellants being defendants and the
defendants; the defense counsels of the legitimate rights and interests of the
appellants being persons with related interests and duties and the persons with
related interests and duties;
b) In case where only the
procuracies file appeals, the procuracies shall make presentation of the appealed contents. In
cases where there are both appeal, the involved parties shall present the
appealed contents and the grounds therefore first, then the procurators shall
present the appealed contents and the grounds therefor;
c) In cases where the
involved parties have no defense counsels, they shall themselves present their
opinions on the appealed contents as well as their proposals.
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3. In the appellate Court
sessions, the involved parties and procurators may product additional
evidences.
Article 303. Procedures for
inquiries and publication of materials and evidences examination of exhibits in
appellate Court sessions
1. Procedures for
inquiring participants and publishing materials and evidences, examining
exhibits prescribed in Article 287 of this Code in appellate Court sessions
shall be the same as those applicable in first-instance Court sessions.
2. The inquiry shall be
made on matters falling within the scope of appellate trials as stipulated in
Article 293 of this Code.
Article
304. Postponement of appellate Court sessions
The postponement of
appellate Court sessions shall comply with regulations in Article 259 of this
Code.
Article
305. Arguments in appellate Court sessions
1. In appellate Court
sessions, involved parties and defense counsels of legitimate rights and
interests of involved parties shall argue only about matters falling within the
scope of appellate trials that have been inquired in appellate Court
sessions.
2. Appellate arguments
shall be conducted according to the following order:
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b) Defense counsels of
legitimate rights and interests of the involved parties shall present
arguments, question and answer. The involved parties may give additional opinions;
c) When it is deemed
necessary, the trial panel may request involved parties to present additional
arguments about specific matters to form basis for the resolution of the case.
3. Appeal arguments shall be
conducted according to the following order:
a) Defense counsels of
legitimate rights and interests of the involved parties shall present about the
lawfulness and the groundedness of the appeal. The involved parties may give additional opinions;
b) Procurators shall
present opinions about matters presented by defense counsels of legitimate
rights and interests of involved parties and/or involved parties.
4. If the involved
parties have no defense counsels of legitimate rights and interests, they shall
argue themselves.
5. If any of the involved
parties or other participants is absent, the presiding Judge of the Court
session must publish their testimonies, base on which the involved parties
present in the Court session can argue and question and answer.
Article
306. Presentations of the procurators in appellate Court sessions
When the arguments and
questioning and answering finish, the procurators shall present opinions of the
procuracies on the compliance with law provisions during the resolution of
civil lawsuits in appellate trial period.
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Article
307. Deliberation and judgment pronouncement
The deliberation, the
inquiry resumption and arguments, the time for deliberation, pronouncement,
amendment and supplementation of appellate judgments shall comply with the
first-instance trial procedures.
Article
308. Jurisdiction of the appellate trial panels
The appellate trial
panels shall have the power as follows:
1. To uphold the
first-instance judgments;
2. To revise the
first-instance judgments;
3. To repeal the whole or
parts of first-instance judgments and transfer the case files to the first-instance
Courts for retrial over the cases according to first-instance procedures;
4. To repeal the
first-instance judgments and terminate the resolution of the cases;
5. To terminate the
appellate trial;
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Article
309. Amendment to first-instance judgments
The appellate trial
panels can revise part or whole of a first-instance judgment if the
first-instance Court made a decision in contravention of law in the following
cases:
1. The collection of
evidences and proof has been carried out sufficiently and in accordance with
the provisions of Chapter VII of this Code;
2. The collection of
evidences and proof that have not been carried out sufficiently in
first-instance Courts are completely supplemented in appellate Court sessions.
Article
310. Repeal of the whole or parts of first-instance judgments and transfer of
the case files to the first-instance Courts for retrial over the cases
according to first-instance procedures
The appellate trial
panels shall repeal the whole or parts of first-instance judgments and transfer
the case files to the first-instance Courts for retrial over the cases
according to first-instance procedures in any of the following cases:
1. The collection of
evidences and proof have failed to comply with the provisions of Chapter VII of
this Code or have not yet been fully carried out while the supplementation
thereof cannot be made in the appellate Court sessions;
2. The composition of the
first-instance Trial Panels has fail to comply with the provisions of this Code
or other serious procedural violations have been committed and affect lawful
rights and interests of the involved parties.
Article
311. Annulment of first-instance judgments and termination of case resolution
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Article
312. Termination of the appellate trial
The appellate trial
panels shall terminate the appellate trial and uphold the first-instance
judgment in any of the following cases:
1. Cases specified in
clause 2 Article 289 of this Code;
2. The appellant is
absent though has been duly summoned twice as prescribed in clause 3 Article 296
of this Code, unless the case is appealed against by another appellant by the
procuracy.
Article
313. Appellate Court judgments
1. The appellate trial
panels shall, in the name of the Socialist Republic of Vietnam, render
appellate Court judgments.
2. An appellate Court
judgment shall be composed of:
a) The introduction;
b) The case contents,
appeal, assessment;
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. The introduction
section must clearly state the name of the appellate court; the code number and
date of the case acceptance; the serial number of the judgment and the date of
judgment pronouncement; full names of the members of the trial panel, Court
reporter, procurator, expert-witness and interpreter; full names and addresses
of the plaintiffs, defendants, persons with related rights and obligations;
agencies or organizations initiating the lawsuit or their lawful
representatives, the defense counsels of their legitimate rights and interests;
appellants or appealing procuracy; public or closed trial, time and place of trial.
4. The section on the
case contents, the appeal and assessment must summarize the contents of the
case and decision of the first-instance court; content of the appeal.
The Court must base
themselves on materials and evidences examined at the Court session and result
of argument at the Court session to analyze and assess comprehensively and
objectively the appeal, details of the case, the adjudication and resolution of
the first-instance court, legal grounds applied by the Court, if the case is of
the cases specified in clause 2 Article 4 of this Code, the Court shall also
base themselves on customs, legal similarity, basic principles of civil law,
precedent or the justice to decide to accept or not to accept the appeal and to
resolve relevant matters.
The decision must state
legal grounds, decisions of the trial panel on each matters to be resolved in
the case, on the application of provisional emergency measures, first-instance
court’s fees, appellate court’s fees and procedural charges (if any).
5. When retrying cases
whose judgments or decisions have been partial or wholly repealed according to
cassation/reopening decisions, the Court shall resolve all issues pertaining to
properties and/or duties that have been executed (if any) according to legally
effective judgments and decisions that are repealed; such shall be recorded in
the judgment.
6. The appellate
judgments shall take effect as from the date they are pronounced.
Article
314. Procedures for appellate revision of decisions of the first-instance
Courts which are appealed against
1. When conducting
appellate trial over first-instance courts’ decisions, which are appealed
against, the appellate trial panels shall not be required to open Court
sessions nor summon the involved parties, except where it is necessary to hear
their opinions before making decisions.
2. Within 01 month form
the day on which the appeal against a decision of a first-instance Court is
accepted, the Court shall open an appellate meeting to review such decision; if
there is good and sufficient reason, such period shall be 02 months.
Procurators of the procuracy of the same level shall participate in the
appellate meeting. If the procurators are absent, the meetings shall be still
carried on by the Court, unless the procuracy lodges an appeal.
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DĐ:
0906 22 99 66
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4. The procurators shall
state the procuracies’ opinions on the resolution of the appeals before the
appellate trial panels make decisions.
5. When reviewing the
first-instance courts’ decisions, which are appealed against, the appellate
trial panels shall have the power to:
a) Uphold the
first-instance courts’ decisions;
b) Amend the
first-instance courts’ decisions;
c) Repeal the
first-instance courts’ decisions and transfer the case files to the
first-instance Courts to continue the resolution of the cases.
6. The appellate
decisions shall take effect as from the day on which they are issued.
Article
315. Forwarding appellate judgments/decisions
1. Within 15 days as from
the day on which the appellate judgments or decisions are issued, the appellate
Courts must forward the judgments and/or decisions to the Courts which
conducted the first-instance trials, the procuracies of the same levels, the
competent civil judgment-executing bodies, the appellants, persons whose rights
and obligations are related to the appeals or their lawful representatives.
If the appellate trial is
conducted by a Collegial People’s Court, such time limit may be extended for
not exceeding 25 days.
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(028) 3930 3279
DĐ:
0906 22 99 66
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An appellate
judgment/decision relevant to the compensation responsibility of the State must
be sent to State management agencies competent in state compensation by the
appellate Court.
Regarding appellate
judgments/decisions related to the change of civil statuses of individuals,
within 05 working days from the day on which such judgments/decisions take
legal effect, the appellate Courts shall send written notifications enclosed
with copies of the judgments/decisions to People’s Committees where such
individuals registered civil statuses as prescribed in the Law on civil status.
3. The appellate
judgments shall be posted on e-portal of the Court (if any), except for court’s
judgments containing information specified in clause 2 Article 109 of this
Code.
PART
FOUR
RESOLUTION OF CIVIL LAWSUITS ACCORDING TO
SIMPLIFIED PROCEDURES
Chapter
XVIII
RESOLUTION OF CIVIL LAWSUITS ACCORDING TO
SIMPLIFIED PROCEDURES AT FIRST-INSTANCE TRIALS
Article
316. Scope of application of simplified procedures
1. Simplified procedures
are procedures that are applied to resolve civil lawsuits which fully satisfy
conditions specified in this Code in simpler procedures than common civil
lawsuit resolution procedures to resolve the cases quickly but still ensure the
compliance with law.
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DĐ:
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3. If there are other law
provisions stating that a civil dispute shall be resolved according to
simplified procedure, the resolution of such dispute shall be conducted
according to procedures specified in this Part.
Article
317. Conditions for application of simplified procedures
1. The Court shall resolve
a case according to simplified procedure when all of the following conditions
are satisfied:
a) The case has simple
details, clear legal relationship and the involved parties have admitted their
obligations; materials and evidences are sufficient, ensuring the sufficiency
of grounds for the resolution of the case and the Court does not have to
collect materials/evidences;
b) Addresses of residence
and headquarters of all of involved parties are determined;
c) None of involved
parties reside overseas and there are no properties being in dispute are in
foreign countries, unless the involved parties residing overseas and the ones
residing in Vietnam have reached agreements to request the Courts to resolve
the cases according to simplified procedures or the involved parties have
presented evidences about the legitimate right to ownership towards the
properties and have reached agreements about the handling of the properties.
2. Regarding labor cases
that have been accepted and settled according to simplified procedures, if the
employers having foreign nationalities or their lawful representatives have
left their residence/headquarter addresses that have been priorly declared
without notification to other involved parties and the Courts, such entities
shall be considered to conceal their addressees on purpose. The Courts shall
continue resolving the cases according to simplified procedure specified in
this Part.
3. During the preparation
for the resolution of the cases according to simplified procedures, if any of
the following details is detected and, as the result, the cases no longer
eligible for resolution according to simplified procedures, the Courts shall
make decisions to resolve the cases according to common procedures:
a) New details are found
out but the involved parties cannot reach agreements and therefore such details
need verification, more materials and evidences need to be collected and
expertises need to be conducted;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Cases where
provisional emergency measures must be applied;
d) New persons with
relevant interests and duties are found out;
dd) New counter-claims or
independent claims are found out;
e) New involved parties
who reside overseas, properties in dispute that are in foreign countries,
requirements for verification or collection of evidences from foreign countries
subject to request for judicial assistance, except for cases specified in point
c clause 1 of this Article.
4. If the cases are
transferred for resolution according to common procedures, the duration for
preparation for the resolution of the cases shall be re-counted from the day on
which the decisions to transfer the cases for resolution according to common
procedures are issued.
Article
318. Decisions to bring cases to trial for resolution according to simplified
procedures
1. Within 01 month from
the day on which the cases are accepted according to regulations in clauses 3
and 4 Article 195 of this Code, the Judge who are assigned to resolve the case
must make decisions to bring the cases to trial for resolution according to
simplified procedures and shall hold the trials within 10 days from the day on
which the decisions are issued.
2. A decision to bring a
case to trial for resolution according to simplified procedures shall include
the following main contents:
a) Date of issuing the
decision;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) The case that is brought
to trial for resolution according to simplified procedure;
d) Names, addresses;
phone numbers, fax numbers, e-mail addresses (if any) of the plaintiffs, the
defendants or agencies, organizations or individuals initiating lawsuits
specified in Article 187 of this Code and persons with relevant interests and
duties;
dd) Full names of the
Judge, the Court clerk; full name of the alternate Judge (if any);
e) Full name of the
procurator; full name of the alternate procurator (if any);
g) Date, time and place
of holding the Court session;
h) Whether the session is
open trial or closed trial;
i) Full names of persons
summoned to the Court session.
3. The decisions to bring
the case to trial for resolution according to simplified procedures shall be immediately
sent to involved parties and procuracies of the same levels.
If the procuracies
participate in the Court sessions according to regulations in clause 2 Article
21 of this Code, the Courts shall send the case files and the decisions to
bring the cases to trial to procuracies of the same levels. Within 03 working
days from the day on which the case files are received, the procuracies shall
study the files and return them to the Courts.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. Within 03 working days
from the day on which the decisions to bring the cases to trial for resolution according
to simplified procedures are received, involved parties may file complaints and
the procuracies of the same levels may file recommendations to the Chief
Justices of the Courts issuing such decisions.
2. Within 03 working days
from the day on which the complaints/recommendations about the decisions to
bring the cases to trial for resolution according to simplified procedures are
received, the Courts shall issue one of the following decisions:
a) To uphold the decision
to bring the case to trial for resolution according to simplified procedures;
b) To repeal the decision
to bring the case to trial for resolution according to simplified procedure and
transfer the case for resolution according to common procedures.
3. The decisions on
resolution of complaints/recommendations issued by the Courts shall be the
final ones and must be immediately sent to the involved parties and the
procuracies of the same levels.
Article
320. Court sessions conducting simplified procedures
1. Involved parties,
procurators of procuracies of the same levels must attend the Court sessions
conducting simplified procedures. If the procurators are absent, the trial
panels shall still hold the session. Involved parties may apply for trial in
their absence.
If the defendants or the
persons with relevant interests and duties are absent without good and
sufficient reasons though have been duly summoned, the Court sessions shall be
still carried out by the Judge.
2. The Judge shall carry
out the opening of the Court sessions according to regulations in Article 239
of this Code.
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(028) 3930 3279
DĐ:
0906 22 99 66
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The presentation,
argument, question and answer and suggestion about the resolution of the cases
shall comply with regulations in Section 3 Chapter XIV of this Code.
4. If at the Court
sessions, new details detected as prescribed in clause 3 Article 317 of this
Code make the cases no longer eligible for resolution according to simplified
procedures, then the Judge shall consider issuing decisions to transfer the
cases for resolution according to common procedures. In these cases, time limit
for preparation for the resolution of the cases shall be counted according to
regulations in clause 4 Article 317 of this Code.
Article
321. Effect of judgments/decisions made according to simplified procedures
1. First-instance
judgments/decisions of the Courts made according to simplified procedures can
be appealed against according to appellate procedures to request the
first-instance Courts to re-settle the cases according to appellate simplified
procedures.
2. Judgments/decisions
made according to simplified procedures can be appealed against according
to cassation/reopening procedures as provided for in this Code.
Chapter
XIX
RESOLUTION OF CIVIL LAWSUITS ACCORDING TO
SIMPLIFIED PROCEDURE AT APPELLATE TRIALS
Article
322. Time limit for appeal against judgments/decisions made according to
simplified procedures
1. Time limit for filing
appeal against a judgment/decision of first-instance Court issued according to
simplified procedures shall be 07 days from the day on which the judgment is
pronounced. Regarding involved parties who were absent from the Court sessions,
time limit for them to appeal against judgments/decisions shall be counted from
the day on which such judgments/decisions are received or the day on which such
judgments/decisions are posted.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
323. Time limit for preparation for appellate trials conducted according to
simplified procedures
1. Within 01 month from
the day on which the cases are accepted, for specific cases, the Judge assigned
to resolve the cases according to appellate procedures shall issue one of the
following decisions:
a) To suspend the
appellate process of the case;
b) To terminate the
appellate process of the case;
c) To bring the case to
appellate trial.
2. The decisions to bring
cases to trial shall contain the information specified in clause 1 Article 290
of this Code. The decisions to bring cases to trial must be immediately sent to
persons related to the appeal process and the procuracies of the same level,
enclosed with the file cases for study.
Time limit for the
procuracies to study the case files shall be 05 working days counting from the
day on which the case files are received; when such time limit expires, the
procuracies must return them to the Courts.
3. If a decision to
terminate the appellate process for the case is issued, time limit for
preparation for the appellate trial shall be re-counted from the day on which
the Court resume the appellate trial process when the reasons for suspension
are resolved.
4. If new details are
found out as prescribed in clause 3 Article 317 of this Code, the Courts shall issue
decisions to transfer the cases for resolution according to common procedures.
In these cases, time limit for preparation for the resolution of the cases
shall be counted according to regulations in clause 4 Article 317 of this Code.
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1. Within 15 days from
the day on which decisions to bring cases to appellate trial are issued, the
Judges shall hold the appellate Court sessions.
2. Involved parties,
procurators of procuracies of the same levels must attend the appellate Court
sessions. If the procurators are absent, the trial panels shall still carry out
the trials, unless the procuracies file appeals. Involved parties may apply for
trial in their absence.
If the involved parties
who do not file appeals are absent without good and sufficient reasons though
have been duly summoned, the Judges shall still carry out the trials.
3. The Judge shall
present briefly the contents of the first-instance judgments/decisions that are
appealed against, contents of the appeals and the enclosed materials/evidences
(if any).
4. Defense counsels of
legitimate rights and interests of the involved parties shall make presentation
and the involved parties shall supplement opinions about the contents of the
appeals, present arguments, questions, answers and opinions about the
resolution of the cases.
5. When the argument,
questioning and answering finish, the procurators shall express the
procuracies’ opinions about the compliance with law during the resolution of
the civil lawsuits in the appellate stage.
Immediately when the
Court sessions finish, procurators must send the writings containing
procuracies’ opinions to the Courts to be kept in the case files.
6. When reviewing
judgments/decisions of first-instance Courts that are appealed against, the
Judges shall be entitled to:
a) Uphold the
judgments/decisions of first-instance Courts;
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c) Repeal the
judgments/decisions of first-instance Courts and transfer the case files to
first-instance Courts so that the cases could be resolve again according to
simplified procedure, or according to common procedures in cases conditions for
resolution according to simplified procedures are not fully satisfied;
d) Repeal the
first-instance judgments and terminate the resolution of the cases;
dd) Terminate the
appellate trials and uphold the first-instance judgments.
7. Appellate
judgments/decisions shall be legally effective from the day on which the
judgments/decisions are issued.
PART
FIVE
PROCEDURES FOR REVIEWING LEGALLY EFFECTIVE
JUDGMENTS/DECISIONS
Chapter
XX
CASSATION PROCEDURES
Article
325. Nature of cassation
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Article
326. Grounds and conditions for appeal according to cassation procedures
1. A legally effective
judgment/decision of the Court shall be appealed against according to cassation
procedures when there is one of the following grounds:
a) Conclusion in the
judgment/decision is incompatible with the objective details of the cases,
causing damage to legitimate rights and interests of the involved parties;
b) There are serious
violations against procedures that prevent involved parties from executing
their procedural rights and obligations, as the result, their legitimate rights
and interests are not protected as prescribed in law;
c) There are mistakes in
the application of law leading to the issuance of wrong judgments/decisions,
causing bad effect to legitimate rights and interests of involved parties,
infringing upon public benefits, State benefits, legitimate rights and
interests of the third parties.
2. Persons competent to
lodge appeals specified in Article 331 of this Code shall lodge appeals against
Courts’ judgments/decisions that are legally effective when there is one of the
grounds specified in clause 1 of this Article and shall file applications as
provided for in Article 328 of this Code or make notifications/recommendations
as prescribed in clauses 2 and 3 Article 327 of this Code. If the
judgments/decisions infringe upon public benefits, State benefits, legitimate
rights and interests of the third parties, the applications are not required.
Article
327. Discovering legally effective judgments or decisions of Courts which need
to be reviewed according to cassation procedures
1. Within 01 year from
the day on which the Court’s judgments/decisions takes legally effect, if any
legal violations in the judgments/decisions is discovered, involved parties are
entitled to submit written applications to persons competent to lodge appeal
specified in Article 331 of this Code for consideration according to cassation
procedures.
2. If the Courts, the
procuracies or other agencies/organizations/individuals discover legal
violations in the Courts’ judgments/decisions that are legally effective,
written notifications must be sent to persons competent to lodge appeals
provided for in Article 331 of this Code.
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Article
328. Application for reviewing legally effective judgments or decisions
according to cassation procedures
1. An application for
reviewing Courts’ judgments/decisions which are legally effective according to
cassation procedures must have the following principal details:
a) Date of making the
application;
b) Name and address of
the applicant;
c) Name of the Court’s
legally effective judgment/decision subject to reviewing according to cassation
procedures;
d) Reasons for the
application, requests of the applicant;
dd) Signature or
fingerprints, applicable to applicants being individuals, or signature and seal
of lawful representatives, applicable to applicants being agencies or organizations,
in the end of the application. If the applicant is an enterprise, the use of
the seal shall comply with provisions of the Law on Enterprise.
2. Enclosed with the
application shall be Courts’ legally effective judgments/decisions and
materials and evidences (if any) to prove that the applicants’ requests are
well-grounded and lawful.
3. The application and
materials and/or evidences shall be sent to persons competent to lodge appeals
provided for in Article 331 of this Code.
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1. Courts/procuracies
shall receive applications that are submitted by the involved parties directly
at the Courts/procuracies or by post and shall record to the application
registers and issue receiving slips for involved parties. Date of sending of
application shall be calculated from the day on which the involved parties
submit the application at the Courts/procuracies or the sending date written on
the post seal.
2. Courts/procuracies
shall accept the applications only when all provisions specified in Article 328
of this Code are satisfied. If the applications do not satisfy conditions
specified in Article 328 of this Code, the Courts/Procuracies shall request the
applicants to submit application for amendment/supplement within 01 month from
the day on which the requests from the Courts/Procuracies are received. Upon
the expiry of such period, if the applicants fail to conduct amendment/supplement,
the Courts/Procuracies shall return the applications enclosed with explanation
and note such cases in the application registers.
3. Persons competent to
file appeals according to cassation procedures shall assign persons to study
the petitions, notifications, recommendations and case files then request the
persons competent to file appeals to consider and make decisions. If the
petitions are rejected, written notifications containing explanation shall be
sent to involved parties, agencies, organizations and individuals that have
sent the notifications/recommendations.
The Chief Justice of the
Supreme People’s Court shall assign Judges of the Supreme People’s Court, the
Chairperson of the Supreme People’s Procuracy shall assign procurators of the
Supreme People’s Procuracy to study the petitions, notifications,
recommendations, case files and report them to the Chief Justice of the Supreme
People’s Court and the Chairperson of the Supreme People’s Procuracy for
considering and making decisions on appeal. If the petitions are rejected, the
Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme
People’s Procuracy shall, by themselves or authorize the Judge of the Supreme
People’s Court and procurators of the Supreme People’s Procuracy to send
written notifications containing explanation to the involved parties and
individuals that have sent the notifications/recommendations.
Article
330. Supplement, verification of materials and evidences in cassation
procedures
1. Involved parties shall
be entitled to provide materials and evidences for persons competent to file
appeals according to cassation procedures if such materials and evidences have
not been supplied to the first-instance Courts or the appellate Courts because
such Courts had not required or because the involved parties failed to supplied
due to good and sufficient reasons or because the involved parties did not know
about such materials and evidences during the resolution of the cases.
2. During the resolution
of petitions for consideration of the legally effective judgments/decisions of
Courts according to cassation procedures, persons competent to file appeals
according to cassation procedures shall be entitled to request the petitioners
to supplement materials and evidences or inspect and verify the materials and
evidences by themselves if necessary.
Article
331. Persons competent to appeal according to cassation procedures
1. The Chief Justice of
the Supreme People’s Court and the Chairperson of the Supreme People’s
Procuracy shall be competent to appeal according to cassation procedures
against the legally effective judgments or decisions of the Collegial People’s
Court; legally effective judgments or decisions of other Courts when it is
deemed necessary, except for cassation decisions of the Council of Judges of
the Supreme People’s Court.
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Article
332. Postponement and suspension of enforcement of legally effective judgments
or decisions
1. Persons who are competent
to appeal against legally effective judgments or decisions of Courts may
request the postponement of enforcement of judgments or decisions in order to
consider the appeals according to cassation procedures. The postponement of
enforcement of judgments shall comply with law regulations on civil judgment
execution.
2. Persons who have
appealed according to cassation procedures legally effective judgments or
decisions shall have the right to decide on the suspension of enforcement of
such judgments or decisions until the cassation decisions are made.
Article
333. Decisions to appeal according to cassation procedures
A decision to appeal
according to cassation procedures shall consist of the following principal
contents:
1. Date and number of the
appeal decision;
2. Position of the person
who makes the appeal decision;
3. Number and date of the
legally effective judgment or decision being appealed against;
4. Decisions of the
legally effective judgment or decision being appealed against;
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6. Legal grounds for
making the appeal decision;
7. Whether the appeal is
against parts or whole of the legally effective judgment or decision;
8. Name of the Court that
is competent to conduct cassation of such case;
9. Proposals of the appellant.
Article
334. Time limit for appeal according to cassation procedures
1. Persons competent to
appeal according to cassation procedures are entitled to lodge the appeal
within 03 year from the day on which the Court’s judgments/decisions takes
legally effect, except for cases specified in clause 2 of this Article.
2. If the time limit for
appeal prescribed in clause 1 of this Article expires such time limit shall be
extended by 02 years from the day on which such time limit expires if the
following conditions are satisfied:
a) The involved parties
have submitted applications provided for in clause 1 Article 328 of this Code
and maintain the application when the time limit for appeal provided for in
clause 1 of this Article has expired;
b) Courts’ legally
effective judgments/decisions are contrary to law as prescribed in clause 1
Article 326 of this Code, seriously affecting legitimate rights and interests
of involved parties and/or third parties, public benefits, State benefits and
are subject to appeal to eliminate faults in such legally effective
judgments/decisions.
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1. Persons who have
appealed according to cassation procedures shall be entitled to modify or
supplement the appeals if the appeal time limit prescribed in Article 334 of
this Code has not yet expired. Such modification/supplement must be made under
decisions. Decisions to modify/supplement appeals must be sent according to
provisions of Article 336 of this Code.
2. Persons who have
appealed shall be entitled to withdraw parts or whole of the appeal decisions
before the opening of Court sessions or in cassation Court sessions. Such
withdrawal must be made under decisions.
3. After receiving
decisions to withdraw whole of the appeal, the cassation Courts shall issue
decisions to terminate the cassation trial.
Article
336. Forwarding decisions to appeal according to cassation procedures
1. Decisions to appeal
according to cassation procedures must be immediately sent to the Courts that
have issued the legally effective judgments/decisions being appealed against,
the involved parties, the competent civil judgment-executing agencies and
persons whose interests and duties are related to the appealed contents.
2. In cases where the
Chief Justices of the Supreme People’s Court or the Chief Justices of the
Collegial People’s Courts appeal, the appeal decisions and the case files must
be immediately sent to the Procuracies of the same level. The procuracies shall
study the files within 15 days as from the day on which the case files are
received; upon the expiry of such time limit, the procuracies must transfer the
case files to the Courts competent to hear the cases according to cassation
procedures.
3. In cases where the
Chairperson of the Supreme People’s Procuracy or the heads of the Collegial
People’s procuracies appeal, the appeal decisions must be immediately sent to
the Courts competent to hear the cases according to cassation procedures.
Article
337. Jurisdiction to review cases according to cassation procedures
1. The Committee of
Judges of the Collegial People’s Courts shall review according to cassation
procedures legally effective judgments/decisions of the provincial-level
people’s Courts or district-level people’s courts, which are appealed against,
within competence as follows:
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b) If courts’ legally
effective judgments/decisions prescribed in point a of this clause are
complicated, or judgments/decisions have been reviewed according to cassation
procedures by Committee of Judges of Collegial People’s Courts, through trial
panels composed of 3 Judges, but no agreement is reached upon the vote on the
decisions on case resolution, then the whole of Committee of Judges of
Collegial People’s Courts shall review such judgments/decisions according to
cassation procedures.
2. The Council of Judges
of the Supreme People’s Court shall review according to cassation procedures
legally effective judgments/decisions of Collegial People’s Courts which are
appealed against as follows:
a) The Council of Judges
of the Supreme People’s Court shall review according to cassation procedures,
through trial panels composed of 5 Judges, legally effective
judgments/decisions of Collegial People’s Courts that are appealed against
according to cassation procedures;
b) If courts’ legally
effective judgments/decisions prescribed in point a of this clause are
complicated, or judgments/decisions have been reviewed according to cassation
procedures by the Council of Judges of the Supreme People’s Court, through
trial panels composed of 5 Judges, but no agreement is reached upon the vote on
the decisions on case resolution, then the whole of Council of Judges of
Supreme People’s Courts shall review such judgments/decisions according to
cassation procedures.
3. Complicated cases
mentioned in point b clause 1 and point b clause 2 of this Article are the following
cases:
a) Law provisions
applicable to matters to be resolved in the case are unclear or are not applied
consistently;
b) There is argument over
the assessment of evidences and application of law provisions;
c) The case resolution is
related to public benefits, State benefits, human’s right protection, civil
right protection that are specially concerned.
4. Chief Justices of
Collegial People’s Courts shall consider deciding to conduct cassation trials
for cases specified in clause 1 of this Article. Chief Justices of Supreme
People’s Courts shall consider deciding to conduct cassation trials for cases
specified in clause 2 of this Article.
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Article
338. Participants in cassation review Court sessions
1. The cassation review
Court sessions must be with the participation of the Procuracies of the same
level.
2. If it is deemed
necessary, the Court shall summon involved parties or their representatives and
defense counsels of their rights and interests or other participants related to
the appeal to the cassation review Court session; if any of them is absent from
the Court session, the cassation review trial panel shall still carry on the
session.
Article
339. Time limit for opening of cassation review Court sessions
Within 04 months as from
the day on which the appeals and the enclosed case files are received, the
Courts competent to cassation review must open Court sessions to review cases
according to cassation procedures.
Article
340. Preparations for cassation review Court session
The Chief Justice of the
Court shall assign a Judge to prepare written explanation of the case at the
Court session. The written explanation shall summarize the case contents and the
judgments/decisions of the Courts of different levels as well as the appealed
contents. The explanation must be forwarded to members of the Cassation Review
panel not later than 07 days before the opening of the cassation review Court
sessions.
Article
341. Trial procedures at cassation review Court sessions
1. After the presiding
Judge opens the Court session, a member of the Cassation Review Panel shall
present the brief contents of the case, the case handling process, decisions of
the legally effective judgments/decisions being appealed against, grounds for
the appeal, viewpoint of the appeal and proposals of the appellant. If the appeal
is lodge by a procuracy, the procuracy must present the appealed contents.
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3. The representative of
the procuracy shall present the opinions of the procuracy on the resolution of
the case.
Immediately after the
Court session, the representative of the procuracy shall send the writing
containing opinions to the Court to be save in the case files.
4. Members of the
Cassation Review Panel shall express their opinions and discuss. The Cassation
review panel shall conduct deliberation and vote on the resolution of the case
and pronounce the decision on the resolution of the case at the court. The
deliberation must be conducted according to rules specified in Article 264 of
this Code.
5. If the cassation
review Court is conducted by the Committee of Judges of Collegial People’s
Court as prescribed in point a clause 1 Article 337 of this Code, decisions of
the trial panel must be approved by all members of the panel.
For cassation review
trial conducted as prescribed in point b clause 1 Article 337 of this Code, the
Court session of the whole of the Committee of Judges of the Collegial People’s
Court must be under the presence of at least two-thirds of present members of
the committee; decisions of the Judge committee must be approved by more than a
haft of members of the committee.
6. If the cassation
review Court is conducted by the Committee of Judges of the Supreme People’s
Court as prescribed in point a clause 2 Article 337 of this Code, decisions of
the trial panel must be approved by all members of the panel.
For cassation review
trial conducted as prescribed in point b clause 2 Article 337 of this Code, the
Court session of the whole of the Committee of Judges of the Supreme People’s
Court must be under the presence of at least two-thirds of present members of
the committee; decisions of the Judge committee must be approved by more than a
haft of members of the committee.
Article
342. Scope of the cassation review
1. The Cassation Review
Panels shall only review parts of legally effective judgments/decisions being
appealed against or related to the review of the appealed contents.
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Article
343. Jurisdiction of the Cassation Review Panels
The Cassation Review
Panels shall have the following powers:
1. To reject the appeals
and uphold the court’s legally effective judgments/decisions;
2. To repeal the legally
effective judgments/decisions of Courts and uphold the lawful judgments/decisions
of the subordinate courts, which have been annulled or amended;
3. To repeal parts or the
whole of courts’ legally effective judgments/decisions to retry according to
first-instance procedures or appellate procedures;
4. To repeal legally
effective judgments/decisions and terminate the resolution of the cases;
5. To modify parts or the
whole of the legally effective judgments/decisions.
Article
344. Upholding the subordinate courts’ lawful judgments or decisions which have
been annulled or amended
The Cassation Review
Panels shall issue decisions to repeal legally effective judgments/decisions
being appealed and uphold the judgments/decisions rendered legally by
subordinate Courts but partially or entirely annulled or amended by legally effective
judgments/decisions being appealed.
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Article
345. Repealing parts or the whole of courts’ legally effective
judgments/decisions to retry according to first-instance procedures or
appellate procedures
The Cassation Review
Panels shall issue decisions to repeal partially or entirely courts’ legally
effective judgments/decisions being appealed against for re-trials according to
the first-instance or appellate procedures in the following cases:
1. The collection of
evidences and proof have been carried out insufficiently or unconformably with
the provisions of Chapter VII of this Code;
2. The decisions in the
judgments or decisions do not conform to the objective details of cases or
serious errors are committed in the application of law;
3. The composition of the
first-instance or appellate trial panel is not conformable with the provisions
of this Code or other serious procedural violations have been committed
affecting lawful rights and interests of involved parties.
Article
346. Repealing legally effective judgments and/or decisions and termination of
case resolution
The Cassation Review
Panels shall issue decisions to annul legally effective judgments/decisions and
terminate the case resolution if the cases fall under one of the circumstances
stipulated in Article 217 of this Code.
If the
judgments/decisions are partially or entirely enforced, the cassation review
panel shall resolve the consequences of such enforcement.
Article
347. Modification of parts or the whole of the legally effective
judgments/decisions
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DĐ:
0906 22 99 66
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a) Materials and/or
evidences in the case files are sufficient, clear and well-grounded to clarify
details in the cases;
b) The modification of
judgments/decisions which are appealed against does not affect rights and
obligations of other agencies, organizations and individuals.
2. If the
judgments/decisions are partially or entirely enforced, the cassation review
panel shall resolve the consequences of such enforcement.
Article
348. Cassation review decisions
1. The Cassation Review
Panels shall issue decisions in the name of the Socialist Republic of Vietnam.
2. A cassation review
decision must contain the following principal contents:
a) Date and place of
opening the Court session;
b) Full names of members
of the Cassation Review Panel. In cases where the Cassation Review Panel is the
Committee of Judges of a Collegial People’s Court or the Council of Judges of
the Supreme People’s Court, the full name and title of the presiding Judge and the
number of members participating in the trial shall be specified;
c) Full names of the
Court clerk and the procurator participating in the Court session;
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(028) 3930 3279
DĐ:
0906 22 99 66
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dd) Full names and
addresses of the involved parties in the case;
e) Summary of the
contents of the case, decisions of the legally effective judgment or decision
being appealed against;
g) Decision to appeal;
grounds for making the appeal;
h) Assessment of the Cassation
Review Panel where opinion about the resolution of the case must be analyzed
and grounds for acceptance or non-acceptance of the appeal must be specified;
i) Points, clauses or
articles of the Civil Procedure Code and/or other legislative documents on
which the Cassation Review Panel bases to make decision;
k) Decision of the
Cassation Review Panel.
3. Decisions of the
Cassation review panels of Councils of Judges of the Supreme People’s Court
must contain argument to prove that provisions of law can be also understood in
different ways; legal matters and facts must be explained and reasons and
resolution for such matters and legal provisions to be applied (if any) must be
specified.
Article
349. Effect of the cassation review decisions
The cassation review
decisions shall take legal effect as from the date the Cassation Review Panels
issue them.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. Within 05 working days
from the day on which a cassation review decision is issued, the cassation
review trial panel shall send it to the following agencies, organizations and
individuals:
a) The involved parties
and other persons with related interests and obligations under the cassation
review decisions;
b) The Courts which have
rendered legally effective judgments/decisions being appealed against;
c) The procuracy of the
same level, the competent civil judgment-executing agencies.
2. Cassation review
decisions shall be posted by Courts competent to review on their e-portals (if
any), except for decisions containing information specified in clause 2 Article
109 of this Code.
Chapter
XXI
REOPENING PROCEDURES
Article
351. Nature of reopening procedures
Reopening means the
review of legally effective judgments/decisions which are appealed against due
to the appearance of newly detected details which may substantially change the
contents of the judgments/decisions and about which the Courts and involved
parties did not know when the Courts rendered such judgments or decisions.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Legally effective
judgments/decisions shall be appealed against according to reopening procedures
when there is one of the following grounds:
1. Important details of
the case were newly discovered which the involved parties could not have known
in the course of resolving the case;
2. There are grounds to
prove that the conclusions of the expert witnesses and translations of
interpreters were untruthful or evidences were falsified;
3. Judges, People’s
Jurors or procurators intentionally diverted the case files or deliberately
made unlawful conclusions;
4. The criminal,
administrative, civil, marriage and family, business, commercial or labor
judgments/decisions of Courts or decisions of State agencies on which the
Courts based themselves to resolve the cases had already been annulled.
Article
353. Notice and verification of newly discovered details
1. The involved parties,
agencies, organizations or individuals shall be entitled to discover new
details of cases and notify them in writing to the persons competent to appeal
defined in Article 354 of this Code.
2. In cases where new
details of cases are discovered, the procuracies and the Courts must notify
them in writing to the persons entitled to appeal defined in Article 354 of
this Code.
Article
354. Persons competent to appeal according to reopening procedures
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. The Chief Justices of
the Collegial People’s Courts and the chairpersons of the shall be competent to
appeal according to the reopening procedures against legally effective
judgments/decisions issued by People’s Courts of provinces or People’s Courts of
districts within competence.
3. Persons who have
appealed against legally effective judgments/decisions shall have the power to
suspend the enforcement of such judgments/decisions until the reopening
decisions are made.
Article
355. Time limit for appeal according to reopening procedures
The time limit for appeal
according to reopening procedures shall be 01 year counting from the day on
which the persons competent to appeal acquire grounds for appeal according to
reopening procedures prescribed in Article 305 of this Code.
Article
356. Jurisdiction of the Reopening trial Panels
The reopening trial
Panels shall have the following powers:
1. To reject the appeals
and uphold the legally effective judgments or decisions;
2. To repeal legally
effective judgments/decisions for first-instance retrial according to the
procedures prescribed by this Code;
3. To repeal legally
effective judgments/decisions and terminate the resolution of the cases.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Other regulations on
reopening procedures shall comply with the regulations on cassation procedures
prescribed in this Code.
Chapter
XXII
SPECIAL PROCEDURES FOR REVIEWING DECISIONS
OF THE COUNCIL OF JUDGES OF THE SUPREME PEOPLE’S COURT
Article
358. Requests, recommendations and applications for reviewing decisions of the
Council of Judges of the Supreme People’s Court
1. When there are grounds
to prove that decisions of the Council of Judges of the Supreme People’s Courts
are seriously contrary to law or there are newly discovered important details
which might basically change the contents of the decisions that are unknown to
Councils of Judges of the Supreme People’s Court and involved parties when such
decisions are issued, if there are requests of the Standing committee of the
National Assembly, recommendations of National Assembly’s Judiciary Committee;
recommendations of Chairperson of the Supreme People’s Procuracy or at the
requests of the Chief Justice of the Supreme People’s Court, then such decisions
shall be reviewed by the Council of Judges of the Supreme People’s Court.
2. If it is requested by
the Standing committee of the National Assembly, the Chief Justice of the
Supreme People’s Court shall report such requests to the Council of Judges of the
Supreme People’s Court for reviewing the decisions of the Council of Judges of
the Supreme People’s Court.
3. If there are
recommendations by the National Assembly’s Judiciary Committee and/or
recommendations of the Chairperson of the Supreme People’s Procuracy or the
Chief Justice of the Supreme People’s Court when new violations or details are
discovered, then the Chief Justice shall report such to the Council of Judges
of the Supreme People’s Court for considering such recommendations/requests.
4. Meetings of the
Council of Judges of the Supreme People’s Court for considering
recommendations/requests specified in clause 3 of this Article must be attended
by the Chairperson of the Supreme People’s Procuracy.
Article
359. Procedures for reviewing decisions of the Council of Judges of the Supreme
People’s Court
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Within 01 month from
the day on which recommendations of the National Assembly’s Judiciary Committee
or recommendations of the Chairperson of the Supreme People’s Procuracy are
received or from the day on which the Chief Justice of the Supreme People’s
Court make written requests, the Council of Judges of the Supreme People’s
Court must hold meetings for considering such recommendations/requests.
The Supreme People’s Court
shall notify in writing the time of opening of meetings for considering
recommendations/requests to the Chairperson of the Supreme People’s Procuracy.
Representatives of the
National Assembly’s Judiciary Committee shall be invited to attend the meetings
of the Council of Judges of the Supreme People’s Court to consider the
recommendations of the National Assembly’s Judiciary Committee.
3. The Council of Judges
of the Supreme People’s Court shall consider the recommendations/requests
according to the following order:
a) The Chief Justice of
the Supreme People’s Court shall, by themselves or by assigning a member of the
Council of Judges of the Supreme People’s Court, present briefly the contents
of the cases and the processing of the cases;
b) Representatives of the
National Assembly’s Judiciary Committee, the Chairperson of the Supreme
People’s Procuracy, the Chief Justice of the Supreme People’s Court which
submitted recommendations/requests for reviewing decisions of the Council of
Judges of the Supreme People’s Court shall present the contents of the
recommendations/requests; grounds for such recommendations/requests; analysis
and assessment of details of the cases, old evidences and additional evidences
(if any) to clarify the serious violations against law in the decisions of the
Council of Judges of the Supreme People’s Court or new important details which
can basically change the contents of such decisions;
c) In case of reviewing
the recommendations of the National Assembly’s Judiciary Committee or reviewing
requests of the Chief Justice of the Supreme People’s Court, the Chairperson of
the Supreme People’s Procuracy shall present his/her viewpoints and reasons for
agreement or disagreement with such recommendations/requests.
Opinions of the
Chairperson of the Supreme People’s Procuracy must be presented in writing that
bear the signature of the Chairperson of the Supreme People’s Procuracy and
must be sent to the Supreme People’s Court within 05 working days from the day
on which the meetings finish;
d) The Council of Judges
of the Supreme People’s Court shall discuss and vote under the majority rule on
the agreement or disagreement with the recommendations/requests for reviewing
its decisions;
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(028) 3930 3279
DĐ:
0906 22 99 66
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If the
recommendations/requests are not agreed with, the Council of Judges of the
Supreme People’s Court must notify such in writing to individuals and agencies
proposing recommendations/requests and clearly state the reasons;
e) All happenings at the
meetings for considering recommendations/requests and decisions approved at the
meetings must be recorded in the meeting minutes and included in the
recommendation/request-considering files;
g) Within 05 working days
from the day on which the meetings for considering recommendations/requests for
reviewing its decisions, the Council of Judge of the Supreme People’s Court
shall send to the Chairperson of the Supreme People’s Procuracy and the
National Assembly’s Judiciary Committee notifications of its agreement or
disagreement with such recommendations/requests.
4. Upon receiving
requests of Standing Committee of the National Assembly or decisions of the
Council of Judges of the Supreme People’s Court on the opening of meetings for
reviewing its decisions as prescribed in point dd clause 3 of this Article, the
Chief Justice of the Supreme People’s Court shall conduct the study of the case
files and the verification and collection of materials and evidences when
necessary.
The study of case files,
the verification and collection of materials and evidences must clarify whether
there are serious violations against law or new important details which may
basically change the contents of decisions of the Judicial Council of the
Supreme People’s Court.
5. Within 04 months from
the day on which requests of the Standing Committee of the National Assembly
specified in clause 2 Article 358 of this Code or from the day on which the
decisions of the Council of Judges of the Supreme People’s Court specified in
point dd clause 3 of this Article are received, the Council of Judges of the
Supreme People’s Court shall hold meetings with the participation of all the
Judges of the Supreme People’s Court to review its decisions.
The Supreme People’s
Court shall send the Supreme People’s Procuracy written notifications of time
of opening the meetings for reviewing decisions of the Council of Judges of the
Supreme People’s Court enclosed with the case files. Within 15 days from the
day on which the case files are received, the Supreme People’s Procuracy must
return them to the Supreme People’s Court.
The meetings held by the
Council of Judges of the Supreme People’s Court must be attended by the
Chairperson of the Supreme People’s Procuracy. If it is deemed necessary, the
Supreme People’s Court may invite relevant agencies, organizations and
individuals to attend the meetings.
6. The Chairperson of the
Supreme People’s Procuracy must attend the meetings for reviewing decisions of
the Council of Judges of the Supreme People’s Court and express his/her
viewpoints on whether or not there are serious violations against law or new
important details which can basically change the contents of the decisions of
the Council of Judges of the Supreme People’s Court and his/her opinions about
the resolution of the cases.
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(028) 3930 3279
DĐ:
0906 22 99 66
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7. Within 01 month from
the day on which the Council of Judges of the Supreme People’s Court make
decisions specified in clause 1 Article 360 of this Code, the Supreme People’s
Court shall send such decisions to the Standing Committee of the National
Assembly, the National Assembly’s Judiciary Committee, the Supreme People’s
Procuracy and People’s Court which have been in charge of resolving the cases
and involved parties.
Article
360. Competence to review decisions of the Council of Judges of the Supreme
People’s Court
1. After listening to the
reports of the Chief Justice of the Supreme People’s Court and opinions of the
Chairperson of the Supreme People’s Procuracy and of relevant agencies, organizations
and individuals that are invited to attend the meetings (if any) and when
deeming that decisions of the Council of Judges of the Supreme People’s Court
are seriously contrary to law or have new important details that basically
change the contents of such decisions; or when deeming that legally effective
judgments/decisions of inferior Courts are seriously contrary to law or have
new important details that basically change the contents of such decisions,
then on a case-by-case basis, the Council of Judges of the Supreme People’s
Court shall make decisions to:
a) Repeal decisions of
the Council of Judges of the Supreme People’s Court, repeal legally effective
judgments/decisions and decisions on contents of the cases;
b) Repeal decisions of
the Council of Judges of the Supreme People’s Court, repeal legally effective
judgments/decisions and determine responsibility of the Supreme People’s Court
for compensation for damages caused to involved parties as the result of the
unconformable decisions that are repealed or determine responsibility for
reimbursing the value of properties according to law;
c) Repeal decisions of
the Council of Judges of the Supreme People’s Court, repeal legally effective
judgments/decisions to transfer the case files to the inferior Courts to
resolve according to law.
2. Decisions of the
Council of Judges of the Supreme People’s Court must be approved by at least
three-fourths of its members to be effective.
PART
SIX
PROCEDURES FOR RESOLUTION OF CIVIL MATTERS
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GENERAL REGULATIONS ON PROCEDURES FOR
RESOLUTION OF CIVIL MATTERS
Article
361. Scope of application
Civil matters mean a
situation where agencies, organizations or individuals have no disputes but
request Courts to recognize or not to recognize a legal event which serves as a
basis for the rise of civil, marriage and family, business, commercial or labor
rights and obligations of their own or of other agencies, organizations or
individuals; or request Courts to recognize their civil, marriage and family,
business, commercial or labor rights.
Provisions of this Part
shall be applied for the resolution of civil matters specified in clauses 1, 2,
3, 4, 6, 7, 8, 9 and 10 Article 27, clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11
Article 29, clauses 1, 2, 3 and 6 Article 31, clauses 1, 2 and 5 Article 33 of
this Code. If the civil matters are not specified in this Part, other
provisions of this Code shall be applicable.
Article
362. Petitions for the Court resolution of civil matters
1. Persons requesting
Courts to resolve civil matters must send their petitions to competent Courts
defined in Section 2 Chapter III of this Code.
Any enforcers requesting
the Courts to resolve civil matters according to provisions of the Law on enforcement
of civil judgments shall have rights and obligations of persons requesting
resolution of civil matters provided for in this Code.
2. A petition shall
contain the following principal contents:
a) Date of making the
petition;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Name, address; phone
number, fax number, e-mail address (if any) of the petitioner;
d) Specific issues
requested to be resolved by the court; reasons, purposes and bases of the request
for Court resolution of such civil matters;
dd) Names and addresses
of persons who are related to the resolution of such civil matters (if any);
e) Other information that
are deemed by the petitioner to be necessary for the resolution of his/her petition;
dd) Signature or
fingerprints, applicable to petitioners being individuals, or signature and
seal of lawful representatives, applicable to applicants being agencies or
organizations, in the end of the application. If the petitioner is an
enterprise, the use of the seal shall comply with provisions of the Law on
Enterprise.
3. The petition must be
accompanied by materials and/or evidences to prove that the petitions are
well-grounded and lawful.
Article
363. Procedures for receiving and processing petitions
1. Procedures for
receiving petitions shall comply with regulations in clause 1 Article 191 of
this Code.
Within 0 working days
from the day on which the petition and accompanied materials and evidences are
received, the Chief Justice of the Court shall assign a Judge to handle the
petition.
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. When the petition is
satisfactory, the Judge shall carry out the procedures for acceptance of the
civil matters.
Upon the expiry of the
time limit specified in clause 2 of this Article, if the petitioner fails to
amend/supplement the petition, the Judge shall return the petition and the
accompanied materials and evidences to the petitioner.
4. If the petition and
accompanied materials and/or evidences are deemed satisfactory to be accepted,
the Judge shall carry out as follows:
a) The Court shall notify
the petitioner about the payment of charge for civil matter resolution within
05 working days from the day on which the notice of charge payment is received,
unless such petitioner is exempted from the charge as prescribed in law on fees
and charges;
b) The Court shall accept
the petition when the petitioner submit to the Court the receipt of
civil-matter resolution charge;
c) If the petitioner is
exempted from or does not have to pay the charge, the Judge shall accept the
civil matter from the day on which the petition is received.
Article
364. Returning petitions
1. The petition shall be
returned from the Court in the following cases:
a) The petitioner is not
entitled to file the petition or does not have sufficient civil procedure act
capacity;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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c) The civil matter does
not fall within the competence of the Court;
d) The petitioner fails
to amend/supplement the petition within the time limit specified in clause 2
Article 363 of this Code;
dd) The petitioner fails
to pay charge within the time limit specified in point a clause 4 Article 363 of
this Code, unless he/she is exempted from or does not have to pay charge or the
charge is paid late due to force majeure events or objective obstacles;
e) The petitioner
withdraw the petition;
g) Other cases provided
for in law.
2. When returning the petition
and accompanied materials and evidences, the Court shall notify in writing
containing explanation.
3. The complaints about
the return of the petition and resolution thereof shall comply with regulations
in Article 194 of this Code.
Article
365. Notices on the acceptance of petitions
1. Within 03 working days
from the day on which the petition is accepted, the Court shall notify the
petitioner, person with interests and duties relevant to the civil matter
resolution and the procuracy of the same level in writing of the acceptance of
the petition.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) Date of making of the
notice;
b) Name and address of
the Court accepting the petition;
c) Name and address of
the involved parties;
d) Specific matters that
the involved parties request the Court to resolve;
dd) List of materials and
evidences that are accompanied by the petition;
e) Time limit for person
with relevant interests and duties to provide opinions in writing to the Court
about the petition and accompanied materials and evidences (if any);
g) Legal consequences of
cases where the person with relevant interests and duties fail to submit the
Court their opinions in writing for the petition for civil matter resolution.
Article
366. Preparation for petition consideration
1. Time limit for
preparation for petition consideration shall be 01 month from the day on which
the Court accept the petition, unless there are other provisions in this Code.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) If the materials and
evidences are not sufficient to serve as basis for the Court to resolve the
matter, the Court shall request the involved parties to supplement materials
and evidences within 05 working days from the day on which the request is
received;
b) Upon the request of
the involved parties or when it is deemed necessary, the Judge shall issue
decision to request agencies, organizations and individuals to provide
materials and evidences; summon witnesses, request property expertise and price
assessment. If the time limit for preparation for petition consideration
specified in clause 1 of this Article expires but the property expertise and/or
price assessment results have not been produced, such time limit shall be
extended for not exceeding 01 month;
c) Issue decision to
terminate the consideration of petition and return the petition and accompanied
materials and evidences if the petitioner withdraws the petition;
d) Issue decision to open
a meeting to resolve civil matter.
3. The Courts must
immediately send the decision to open the meeting to resolve civil matter and
the dossiers on the civil matter to the procuracy of the same level for study.
The procuracy must study them within 07 days from the day on which the dossier
is received; when this time limit expires, the procuracy must return it to the
Court for holding a meeting to resolve the civil matter.
4. The Court shall open a
meeting to resolve civil matter within 15 days from the day on which the
decision to open the meeting is issued.
Article
367. Participants in meetings for resolving civil matters
1. Procurators of the
procuracies of the same level must attend the meetings. In cases where they are
absent, the Court shall still conduct the meeting.
2. The petitioner or
their lawful representatives or defense counsels of their rights and interests
must participate in the meeting according to the summon of the court.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. Person with relevant
interests and duties or their lawful representatives or defense counsels of
their rights and interests must participate in the meeting according to the
summon of the court. In case of necessity, the Court may summon witnesses,
expert-witnesses and/or interpreters to attend the meetings. If any of them is
absent, the Court shall decide to postpone the meetings or to proceed with the
meetings.
Article
368. Decision on replacement of presiding officers in the process of resolution
of civil matters
1. Before opening the
meeting, the replacement of the Judge or clerk of meeting shall be decided by
the Chief Justice of the Court being in charge of such civil matter; if the to
be-replaced is the Chief Justice of the Court being in charge of the civil matter,
the replacement shall be decided by the Chief Justice of the immediately
superior court.
2. In the meeting for
resolution of civil matters, the replacement of Judges or clerks of meeting
shall be carried out as follows:
a) If the civil matter is
handled by a Judge, the replacement of Judge or clerk of meeting shall be
decided by the Chief Justice of the Court being in charge of such civil matter;
if the to be-replaced is the Chief Justice of the Court being in charge of the
civil matter, the replacement shall be decided by the Chief Justice of the
immediately superior court;
b) If the civil matter is
handled by a civil matter-resolving councils composed of 3 Judges, the
replacement of members of the Council or the clerk of meeting shall be decided by
the civil matter-resolving council.
3. Before opening the
meeting, the replacement of procurator shall be decided by the chairperson of
the procuracy of the same level.
In the meeting, the
replacement of the procurator shall be decided by the Judge or the civil
matter-resolving council. If the procurator must be replaced, the Judge or the
civil matter-resolving council shall issue decisions to postpone the meeting
and notify such replacement to the procuracy.
The appointment of a
procurator to take place of the replaced one shall be decided by the
chairperson of the procuracy of the same level. If the to be-replaced
procurator is the chairperson of the procuracy, the replacement shall be
decided by the chairperson of the immediately superior procuracy.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. A meeting to resolve
civil matters shall be conducted in the following order:
a) The clerk of meeting
shall report to the Judge and civil matter-resolving council about the presence
or absence of participants in the meeting;
b) The Judge shall open
the meeting; check the presence or absence of persons who are summoned to the
meeting and their identity cards, introduce and explain rights and obligations
of participants in the meeting;
c) Defense counsel of
rights and interests of the petitioner, the petitioner or his/her lawful
representative shall present specific issues that are requested to be dealt
with by the court; reasons, purposes and grounds for requesting the Court
resolution of such civil matters;
d) Related persons or
their lawful representatives shall express their opinions on matters pertaining
to their rights and obligations in the resolution of the civil matters;
dd) Witnesses shall
present their opinions; or expert-witnesses shall present their conclusions and
explain issues which remain unclear or contradictory (if any);
e) The Judge and the
civil matter-resolving council shall review the materials and evidences;
g) The procurator shall
present the procuracy’s views on the resolution of the civil matters and shall
send the writing containing opinions for the Court to save in the civil matter
files when the meeting finishes;
h) The Judge and the
civil matter-resolving council shall consider and decide to accept or not to accept
the request for resolution of the civil matters.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
370. Decision on resolution of civil matters
1. A decision to resolve
civil matters shall contain the following principal contents:
a) Date of making the
decision;
b) Name of the Court that
issues the decision;
c) Full names of the
Judge, procurator, meeting clerk;
d) Full name and address
of the petitioner for the resolution of civil matters;
dd) Specific matters
requested to be resolved by the court;
e) Names and addresses of
persons with relevant interests and duties;
g) Assessment of the
Court and grounds for accepting or not accepting the petition;
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
i) Court’s decisions;
k) Court fees to be paid.
2. Decisions to resolve
civil matters must be forwarded to the procuracies of the same level, the
petitioners for the resolution of civil matters and person with interests and
duties relevant to the resolution of civil matters within 05 working days from
the day on which the decisions are issued.
The forwarding of decisions
to resolve civil matters to enforcement authorities shall comply with
provisions of the Law on enforcement of civil judgments.
3. Legally effective
courts’ decisions to resolve civil matters that are relevant to the change of
civil statuses of individuals must be sent to People’s Committees where such
individuals registered for civil statuses according to provisions of the Law on
civil status.
4. Legally effective
courts’ decisions to resolve civil matters shall be published on e-portal of
the Courts (if any), except for decisions containing information specified in
clause 2 Article 109 of this Code.
Article
371. Appeal and appeal against civil matter-resolving decisions
Petitioners and persons
with interests and duties relevant to civil matter resolution shall be entitled
to appeal, the procuracies of the same level and immediate superior procuracy
shall be entitled to appeal against civil matter-resolving decisions in order
to request the immediate superior Court to re-settle them according to the
appellate procedures, except for those prescribed in clause 7 Article 27,
Clauses 2 and 3, Article 29 of this Code.
Article
372. Appeal time limits
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. The procuracies at the
same level shall be entitled to appeal against civil matter-resolving decisions
within 10 days, the immediate superior procuracies shall be entitled to appeal
within 15 days as from the day on which the Courts issue such decisions.
Article
373. Consideration of appeals, appeals
1. Time limit for
preparation for consideration of appeals shall be 15 days from the day on which
the Courts receive the appeals.
2. Within the time limit
for preparation for consideration of appeals, the Courts shall conduct the
following activities:
a) If materials and
evidences are not sufficient to serve as basis for the Courts to resolve the
case, the Courts shall request the involved parties to supplement materials and
evidences within 05 working days from the day on which the requests are
received;
b) Upon the request of
the involved parties or when it is deemed necessary, the Judge shall issue decisions
requesting agencies, organizations and individuals to supply materials and
evidences; summon witnesses, request expertise and price appraisal. If the time
limit specified in clause 1 of this Article expires but the expertise/price
appraisal results have not been produced, the time limit for preparation for
consideration of appeals may be extended for not exceeding 15 days;
c) Within the time limit
for preparation for consideration of appeals, if all the appellants withdraw
their appeal petitions or the procuracies withdraw their appeal petitions, the
Courts shall issue decisions to terminate the consideration of petitions
according to appellate procedures. In these cases, civil matter-resolving
decisions according to first-instance procedures shall effective from the days
on which the appellate trial Courts issue the termination decisions;
d) The Courts shall
decide to open the appellate meeting for the resolution of civil matters.
3. The Courts must immediately
send such decisions to open appellate meetings to resolve civil matters and the
civil matter files to the procuracies of the same level for study. The
procuracies must study them within 07 days from the day on which the files are
received; after this time limit, the procuracies must return the files to the
Courts for holding meetings to resolve the civil matters.
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
374. Participants in appellate meetings to resolve civil matters
1. The procurators of
procuracies of the same level shall participate in the appellate meeting to
resolve civil matters; if the procurators are absent, the Court shall still
hold the meeting, unless a procuracy appeals against the appeal review.
2. Persons applying
appeal petitions, their lawful representatives and defense counsels of their
rights and interests must participate in meetings according to the subpoena of
the Court.
If the appellant is
absent for the first time due to plausible reasons, the Court shall postpone
the civil matter-resolving appellate meeting, unless the appellant request for
resolution in their absence. If the appellant has been summoned twice but is
still absent, he/she shall be deemed to waive their appeal and the Court shall
issue decisions to terminate the appeal review of civil matter in the appeal,
unless he/she apply for resolution in their absence or due to force majeure
events or objective obstacles.
3. Persons with relevant
interests and duties, their lawful representatives and defense counsels of
their rights and interests shall be summoned by the Court to participate in the
meeting. In case of necessity, the Court may summon witnesses, expert-witness
and/or interpreters to attend the meetings. If any of them is absent, the
Courts shall decide to postpone the meetings or to proceed with the meetings.
Article
375. Procedures for conducting appellate meetings to resolve civil matters
1. An appellate meeting
to resolve civil matters shall be conducted in the following order:
a) The meeting clerk
shall report on the presence or absence of meeting participants;
b) The Judge shall open
the meeting; check the presence or absence of persons who are summoned to the
meeting and their identity cards, introduce and explain rights and obligations
of participants in the meeting;
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
If there is only appeal
from the procuracy, the procurator shall present about the appealed contents
and grounds for such appeal. If there is both appeal and appeal, involved
parties shall present about the appealed contents and grounds for such appeal,
then the procurator shall present about the appealed contents and grounds
therefor. If the procuracy does not appeal, the procurator shall express their
opinions of the procuracy about the handling of the appeal before the appellate
panel makes decision.
Right after the meeting
finishes, the procurator shall send the written opinion to the Court to be
recorded in civil matter files;
d) Defense counsel of rights
and interests of person with relevant interests and duties, persons with
relevant interests and duties or their lawful representatives shall express
their opinions on matters pertaining to their rights and obligations in the
appealed contents;
dd) Witnesses shall
present their opinions; or expert-witnesses shall present their conclusions and
explain issues which remain unclear or contradictory.
2. If any person summoned
by the Court to the meeting is absent, the Judge shall pronounce the
testimonies, materials and evidences provided by such person.
3. The appellate panel
shall consider the decision of the first-instance Court that is appealed
against and relevant materials and evidences and issue one of the following
decisions:
a) To uphold the decision
on resolution of civil matter issued by the first-instance Court;
b) To modify the decision
on resolution of civil matter issued by the first-instance Court;
c) To repeal the decision
on resolution of civil matter issued by first-instance Court to re-settle
according to first-instance procedures;
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
dd) Terminate the
consideration of the petition according to appellate procedures if in the
meeting all the appellants withdraw their appeal petitions and the procuracy
withdraw the appeal petition.
4. Decisions to conduct
appellate review of civil matter resolution shall take effect from the day on
which they are issued and shall be sent to agencies, organizations and
individuals as prescribed in clauses 2 and 3 Article 370 of this Code.
5. Legally effective
decisions to conduct appellate review of civil matter resolution shall be
posted on e-portal of the Court (if any), except for decisions containing
information specified in clause 2 Article 109 of this Code.
Chapter
XXIV
PROCEDURES FOR RESOLUTION OF PETITIONS FOR
DECLARING A PERSON LACKING CIVIL ACT CAPACITY, HAVING LIMITED CIVIL-ACT
CAPACITY OR HAVING LIMITED COGNITION OR BEHAVIOR CONTROL
Article
376. Right to file petitions for declaring a person lacking civil act capacity,
having limited civil-act capacity or having limited cognition or behavior
control
1. People with relevant
rights and interests and concerned agencies and organizations may file
petitions to Courts for declaring a person lacking civil act capacity, having
limited civil-act capacity or having limited cognition or behavior control.
2. Adult people having
limited cognition due to physical and mental conditions but do not lack civil
capacity may file petitions to Courts for declaring them having limited
cognition or behavior control according to provisions of the Civil Code.
Article
377. Preparation for consideration of petitions
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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
378. Decisions to declare a person lacking civil act capacity, having limited
civil-act capacity or having limited cognition or behavior control
If the petitions are
accepted, Courts shall issue decisions to declare a person lacking civil act
capacity, having limited civil-act capacity or having limited cognition or
behavior control.
In the decision to
declare a person having limited capacity of exercise, the Court shall determine
lawful representative of the person with limited capacity of exercise and scope
of representation.
In the decision to
declare a person having limited cognition or behavior control, the Court must
appoint his/her guardian and determine rights and duties of such guardian.
Article
379. Right to file petitions for repealing decisions to declare a person
lacking civil act capacity, having limited civil-act capacity or having limited
cognition or behavior control
When a person who is
declared by a Court to be lacking of legal capacity, having limited civil-act
capacity or having limited cognition or behavior control is no longer in the
declared conditions, then such person or persons with relevant rights and
interests or concerned agencies or organizations may file petitions to the
Court for issuing a decision to repeal the decision to declare the lack of
legal capacity or limited civil-act capacity or limited cognition or behavior
control.
Article
380. Decisions of the Courts in case of accepting the petitions for repealing
decisions to declare a person lacking civil act capacity, having limited
civil-act capacity or having limited cognition or behavior control
If the petitions are
accepted, the Courts shall issue decisions to repeal the decisions to declare a
person lacking civil act capacity, having limited civil-act capacity or having
limited cognition or behavior control.
Chapter
XXV
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
381. Petitions for issuing notices on search of persons absent from their
residence places
1. Persons with related rights
and interests shall be entitled to request Courts to issue notices on search of
persons absent from their residence places when such persons are absent for 06
consecutive months or more, and at the same time request Courts to apply
measures for management of the properties of the absent persons under the
provisions of the Civil Code.
2. Enclosed with the
petitions for issuing notices on search of persons absent from their residence places,
the petitioners shall send materials and evidences to prove that such persons
are absent for 06 consecutive months or more. In case of petitions for the
Courts to take measures to manage the properties of the absent persons, the
petitioners must provide materials and evidences on the situation of properties
of the absent persons, the management of the existing properties as well as the
list of the absent persons’ relatives.
Article
382. Preparation for consideration of petitions for issuing notices on search
of persons absent from their residence places
Within the
above-mentioned time limit, the Courts may issue decisions to terminate the
petition consideration if the persons on search notice return and request the
Courts to terminate the consideration of the petitions.
Article
383. Decisions to issue notices on search of persons absent from their
residence places
In case of accepting a
petition the Court shall issue a notice on search of a person absent from
his/her residence place. If a petition for the Court to take necessary measures
to manage the properties of the absent person is accepted, the court’s decision
to accept the petition must also decide on the application of measures to
manage the properties of such person according to the provisions of the Civil
Code.
Article
384. Notices on search of persons absent from their residence places
A notice on search of a
person absent from his/her residence place must contain the following principal
contents:
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Name of the Court that
issues the notice;
3. Serial number and date
of the court’s decision to issue a notice on search of a person absent from
his/her residence place;
4. Full name and address
of the petitioner;
5. Full name, date of
birth or age of the person to be searched for and the address of his/her latest
residence place before his/her absence.
6. Addresses of agencies,
organizations and individuals for contacts by the person to be searched for or
other persons having information on the person to be searched for.
Article
385. Announcement of notices on search of persons absent from their residence
places
1. Within 01 month from
the day on which the Court issues decision to issue a notice on search of a
person absent from his/her residence place, such decision must be posted on one
of central dailies for three consecutive issues, e-portal of the Court and/or
People’s Committee of province (if any) and broadcasted on the central radio or
television channels three times for 03 consecutive days.
2. All expenses for the
publication or broadcasting of notices on search of persons absent from their
residence places shall be borne by the petitioners.
Article
386. Effect of decisions on issuance of notices on search of persons absent
from their residence places
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Chapter
XXVI
PROCEDURES FOR RESOLUTION OF PETITIONS FOR
DECLARING A PERSON MISSING
Article
387. Petition for declaring a person missing
1. Persons with related
rights and interests shall be entitled to request the Court to declare a person
missing under the provisions of the Civil Code.
2. The petitions must be
accompanied by materials and evidences to prove that the persons who are
requested to be declared missing have been absent for 02 consecutive years or
more without reliable information on whether they are still alive or dead and
prove that the petitioners have taken sufficient measures for search notices.
In cases where the Courts have issued decisions on notice on search of the
persons absent from their residence places, copies of such decisions must also
be submitted.
Article
388. Preparation for consideration of petition for declaring a person missing
1. Within 20 days as from
the date of receiving a petition for declaring a person missing, the Court
shall issue a decision on a notice on search of the person who is requested to
be declared missing.
2. The content of such a
notice and the announcement of the notice shall comply with the provisions of
Articles 384 and 385 of this Code. The time limit for such a search notice
shall be 04 months from the day on which such notice is posted or broadcasted for
the first time.
3. Within the time limit
for announcing a notice, if the petitioner withdraws his/her petition or the
person who is requested to be declared missing returns and requests the Court
to stop considering the petition, the Court shall issue a decision to terminate
the consideration of the petition for declaring that person missing.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
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Article
389. Decision to declare a person missing
In case of accepting a
petition, the Court shall issue a decision declaring a person missing. In cases
where the Court is requested to take measures to manage properties of the
person who is declared missing and the request is accepted, the decision
declaring a person missing must also indicate specific measures to be taken to
manage properties of that person according to the provisions of the Civil Code.
Article
390. Annulment of a decision to declare a person missing
1. The person who returns
after being declared missing or persons with related rights and interests is
entitled to request the Court to annul the decisions to declare a person missing
as provided for in the Civil Code.
2. In case of accepting a
petition, the Court shall issue a decision to annul the decision that has
declared a person missing, deciding on the legal consequences of the annulment
of the decision declaring such person missing under the provisions of the Civil
Code.
Chapter
XXVII
PROCEDURES FOR RESOLUTION OF PETITIONS FOR
DECLARING PERSONS DEAD
Article
391. Right to file petition for declaring a person dead
1. Persons with related
rights and interests may request the Court to declare a person dead according
to the provisions of the Civil Code.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
392. Preparation for consideration of petition for declaring a person dead
1. Within 20 days as from
the date of receiving a petition for declaring a person dead, the Court shall
issue a decision on a notice on search of the person who is requested to be declared
dead.
2. The content of such a
notice, the announcement of the notice and the time limit for announcement
shall comply with the provisions of Articles 2 and 388 of this Code.
3. Within the time limit
for announcing a notice, if the petitioner withdraws his/her petition or the
person who is requested to be declared dead returns and notify the Court, the
Court shall issue a decision to terminate the consideration of the petition for
declaring that person dead.
4. Within 10 days from
the day on which the time limit for announcement of notice expires, the Court
shall open a meeting to consider the petition.
Article
393. Decision to declare a person dead
In case of accepting a
petition, the Court shall issue a decision declaring a person dead. In such decision,
the Court shall determine the day on which that person died and the legal
consequences of declaring a person dead according to the provisions of the
Civil Code.
Article
394. Petitions to annul decisions that have declared persons dead
1. In cases where the
person who is declared dead returns or where there is reliable information
affirming that such person is still alive, that person or persons with related
rights and interests may request the Court to issue decision to annul the decision
that has declared such person dead.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
395. Decisions to annul decisions that have declared persons dead
In case of accepting a
petition, the Court shall issue a decision to annul the decision that has
declared a person dead. In the latter decision, the Court must determine the
legal consequences of the annulment of the decision declaring a person dead according
to the provisions of the Civil Code.
Chapter
XXVIII
PROCEDURES FOR RESOLUTION OF PETITIONS FOR
RECOGNITION OF VOLUNTARY DIVORCES AND AGREEMENTS ON CHILD CUSTODY AND PROPERTY
DIVISION UPON DIVORCES
Article
396. Petitions for recognition of voluntary divorces and agreements on child
custody and property division upon divorces
1. Any person requesting
for recognition of voluntary divorces and agreements on child custody and
property division upon divorces must submit petitions. A petition must include
information specified in clause 2 Article 362 of this Code.
2. Any person requesting
for recognition of voluntary divorces and agreements on child custody and
property division upon divorces must submit petitions. In such cases, both husbands
and wives shall be considered the petitioners.
3. Enclosed with the
petitions shall be materials and evidences proving that agreements on voluntary
divorces and agreements on child custody and property division upon divorces
are well-grounded and lawful.
Article
397. Mediation and recognition of voluntary divorces and agreements on child
custody and property division upon divorces
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Judges must conduct
mediations to unify husbands and wives; explain about rights and obligations
between wife and husband, parents and children and between members of family
and rights and obligations in providing alimonies and other matters related to
marriage and family.
3. If after
the mediations, the wives and the husbands decide to reunite, Judges shall
issue decisions to terminate the resolution of their petitions.
4. If the mediations are
not successful, the Judges shall make decisions to recognize the voluntary
divorces and agreements between involved parties as provided for in Article 212
of this Code in the following conditions are fully satisfied:
a) The two sides really
volunteer to divorce;
b) The two sides have
reached agreements on whether or not to divide the common properties, on the
care, rearing and education of their children;
c) Such agreements ensure
the legitimate interests of the wives and their children.
5. If the mediations for
reunification are not successful and involved parties cannot reach agreements
about the division of properties and the care, rearing and education of
children, then the Courts shall terminate the settlement of civil matters
pertaining to recognition of voluntary divorces and agreements on child custody
and property division and accept the cases for resolution. The Courts are not
required to make notifications of the acceptance of the cases or to assign
other Judges to take charge of the cases. The settlement of the cases shall be
conducted according to common procedures prescribed in this Code.
Chapter
XXIX
PROCEDURES FOR RESOLUTION OF PETITIONS FOR
DECLARATION OF NOTARIZED DOCUMENTS TO BE INVALID
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. Notaries who have
carried out notarization, requesters for notarization, witnesses, persons with
related rights and interests and competent state agencies may request Courts to
declare notarized documents invalid when they have grounds to believe that the
notarization was performed against the law on notarization.
2. A petition for a Court
to declare a notarized document invalid must contain the details prescribed in
Clause 2, Article 362 of this Code.
3. Accompanying the
petition for a Court to declare a notarized document invalid must be materials and
evidences to prove that such petition is well-grounded and lawful.
Article 399. Preparation for
consideration of petitions for declaration of notarized documents to be invalid
1. The time limit for
preparing for consideration of a petition for declaration of a notarized
document to be invalid shall be 01
month, counting from the day on which the Court
accepts such petition. Past this time limit, the Court shall issue a decision
to open a meeting to consider the petition.
2. After accepting a
petition for declaration of a notarized document to be invalid, the competent
Court shall immediately notify such to the notary bureau, notary office or
notary that has performed the notarization, notarization requester, persons with related
rights and interests, competent state agencies and same-level
procuracies.
3. Within the time limit
for preparing for consideration of a petition, if the petitioner withdraws
his/her petition, the Court shall issue a decision to terminate the
consideration of the petition.
4. Within 15 days after
issuing a decision to open a meeting, the Court shall open the meeting to
consider the petition.
Article 400. Decisions to
declare notarized documents invalid
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. In case of accepting a
petition, the Court shall issue a decision to declare a notarized document
invalid. In this decision the Court shall decide on legal consequences of its
declaration as prescribed by law.
Chapter
XXX
PROCEDURES FOR RESOLUTION OF PETITIONS FOR
DECLARATION OF LABOR CONTRACTS/COLLECTIVE BARGAINING AGREEMENTS TO BE INVALID
Article 401. Petitions for
declaration of a labor contract/collective bargaining agreement to be invalid
1. Employees, employers, representative organizations of
employees’ collectives and competent agencies may request competent Court to declare a labor
contract/collective bargaining agreement to be invalid when they have grounds
provided for in the Labor Code.
2. A petition of an employee/employer/representative
organization of employees’ collective and a written request of competent agencies must
contain the details specified in clause 2 Article 362 of this Code.
Article 402. Consideration of
petitions for declaration of a labor contract/collective bargaining agreement
to be invalid
1. The time limit for preparing for consideration of a
petition for declaration of a labor contract to be invalid shall be 10 days,
declaration of a collective bargaining
agreement to be invalid, counting from
the day on which the Court accepts such petition. Past this time limit, the Court shall
issue a decision to open the meeting for considering the petition.
2. After accepting the petition for declaration of a labor
contract or a collective bargaining agreement to be invalid, the Court shall send the
notification of acceptance to the petitioner, the employer, the employee collective’s representative organizations and the procuracy of the
same level.
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(028) 3930 3279
DĐ:
0906 22 99 66
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4. Within 05 working days after
issuing the decision to open a meeting, the Court shall open the
meeting to consider the petition for
declaration of a labor contract to be invalid.
Within 10 working days
after issuing the decision to open a meeting, the Court shall open the meeting
to consider the petition for declaration of a collective bargaining
agreement to be invalid.
5. When considering the petition, the Judge may accept or not
accept the request for declaration of labor
contract or collective bargaining agreement to be invalid.
If the request is
accepted, the Judge shall issue a decision to declare the labor contract/collective bargaining agreement to be invalid. In this decision, the Judge shall settle the
legal consequence of the declaration of the labor
contract/collective bargaining agreement to be invalid.
6. The decision to declare a labor
contract/collective bargaining agreement to be invalid must be sent to the petitioner or requester,
the employer, the employee collective’s
representative organization and the
labor affair authority of the area where the enterprise is headquartered and
labor affair authorities of the same level, applicable to cases pertaining to
enterprises do not have main headquarters in Vietnam.
Chapter XXXI
PROCEDURES FOR CONSIDERING THE LEGITIMACY
OF A STRIKE
Article 403. Requesting a Court to consider the legitimacy of a strike
1. During a strike or within 03 months from the day on which
the strike comes to an end, either the employer or the employee
collective’s representative organization
may request the Court to consider the legitimacy of a strike.
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(028) 3930 3279
DĐ:
0906 22 99 66
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a) Details
specified in clause 2 Article 362 of this Code;
b) Name and
address of the organization that led the strike;
c) Name and
address of the employer of the employees’ collective on strike.
3. The request must be enclosed with copies of the decision to
go on strike, decision or mediation record of a competent agency or
organization engaged in the settlement of the collective labor dispute,
materials and evidences related to the consideration of the legitimacy of the
strike.
Article 404. Procedures for
sending a written request to a Court for consideration of the legitimacy of a
strike
Procedures for
sending and receiving a written request and performing the obligation to
provide materials and evidences for a Court for the consideration and decision
on
the legitimacy of a strike at the Court shall be conformable to provisions of
this Code.
Article 405. Jurisdiction to
consider the legitimacy of a strike
1. The People’s Court of province where the strike takes place shall have
the jurisdiction to consider the legitimacy of the strike.
2. Collegial People’s
Courts shall have the jurisdiction to
settle the appeals against the decisions of People’s
Courts of provinces on the legitimacy
of the strikes within their territorial competence.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. A People’s Court of
province shall consider the legitimacy
of a strike through a panel comprised of 3 Judges.
2. A Collegial People’s Court
shalls settle an appeal against a decision on the
legitimacy of a strike through a panel comprised of 3 Judges.
Article 407. Participants in
a meeting for considering the legitimacy of a strike
1. The panel in charge of considering the legitimacy of the strike
chaired by one Judge; the Court clerk for recording the meeting minute.
2. Procurators of the procuracy of the same level.
3. Representatives of the employee
collective’s representative organization
and the employer.
4. Representatives of other agencies and organizations as
requested by the Court.
Article 408. Postponement of
a meeting for considering the legitimacy of a strike
1. A meeting for considering
the legitimacy of a strike shall be
postponed according to regulations in Article 233 of this Code provided for the
postponement of a Court session.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article 409. Termination of
the consideration of the legitimacy of a strike
The Court shall
terminate the consideration of the legitimacy
of a strike in the following cases:
1. The petitioner withdraw his/her petition;
2. Parties have reached agreement on the settlement of the
strike and request in writing to the Court for not settling the strike;
3. The petitioner is absent though has been duly summoned
twive, except for force majeure events or objective obstacles.
Article 410. Procedures for
processing a written request for consideration of the legitimacy of a strike
1. Upon the receipt of a petition, the Chief Justice of People’s Court of
province shall decide to establish a Panel to consider the legitimacy of the
strike and assign one Judge to take main charge of settling such petition.
2. Within 05 working days from the day on which the petition
is received, the Judge assigned to presider over the settlement of the petition
must make a decision to hold a meeting for considering the legitimacy of the strike.
The deicision to hold a meeting for considering the legitimacy of the strike
must be immediately sent to the representative organization of employees’
collective, the employerm the procuracy of the same level and relevant agencies and
organizations.
3. Within 05 working days from the day on which the decision
to hold a meeting for considering the legitimacy of a strike is issued, the
Panel in charge of considering the legitimacy of the strike must hold a meeting
for considering the legitimacy of the strike.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. The Judge presiding over the meeting for considering the
legitimacy of the strike announces the decision to hold a meeting for
considering the legitimacy of the strike and summarize the petition.
2. Representative of the
employee collective’s representative organizations and representative of the
employer present their opinions.
3. The Judge presiding the meeting for considering the
letigimacy of the strike may request representatives of agencies and
organizations participating in the meeting to express their opinions.
4. The procurator presents opinions of the
procuracies about the consideration of
the legitimacy of the strike.
Immediately when
the meeting finishes, the procurator shall send the opinions in writing to the Court
for recording in the civil-matter files.
5. The panel considering the legitimacy of the strike
discusses and makes decision under the
majority rule.
Article 412. Decision on the
legitimacy of a strike
1. A decision of the Court on the legitimacy of a strike must
clearly state the reason and grounds to conclude on the legitimacy of the
strike.
The decision of
the Court on the legitimacy of a strike must be publicly announced at the
meeting and must be immediately sent to the employee
collective’s representative organization,
the employer and the procuracy of the same level. The employees‘ collective and
the employer shall be responsible for implementing the decision of the Court but
may also file appeals and the procuracy may file appeals against such decision.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article 413. Order and
procedures for settling appeals against the decisions on the legitimacy of a
strike
1. Immediately when the appeallate petition or the appeal decision
against the legitimacy of a strike is received, the Collegial People’s Court shall request in writing the Court that has considered the
legitimacy of the strike to forward the files of the case to it for
consideration/settlement.
2. Within 03 working days from the day on which the petition
is received, the Court that has issued the decision on the legitimacy of the
strike must forward the case files to the Collegial
People’s Court for considering and
settling.
3. Within 02 working days from the day on which the case file
is received, the Chief Justice of the Collegial
People’s Court shall make decisions to
formulate an Appellate Panel to consider the legitimacy of the strike and assign a
Judge to preside over the study of files.
Within 05 working days
from the day on which the Collegial People’s Court receives the case files, the Appellate Panel shall consider
the appeal against the decision on the legitimacy of the strike.
The decision of
the Appeallate Panel on the legitimacy of the strike shall be the final one.
Chapter XXXII
PROCEDURES FOR RESOLUTION OF CIVIL MATTERS
RELATING TO COMMERCIAL ARBITRATION ACTIVITIES IN VIETNAM
Article
414. Civil matters relating to Vietnamese commercial arbitration activities
that fall under the jurisdiction of the court
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Application, change or
cancellation of provisional emergency measures.
3. Annulment of arbitral
award.
4. Resolution of
complaints against decisions of the arbitral tribunal about invalid arbitration
agreements, inexecutable arbitration agreements or jurisdiction of arbitral
tribunal.
5. Collection of
evidences.
6. Summoning witnesses.
7. Registration of
arbitral award.
8. Other civil matters
prescribed by the legislation on Vietnamese commercial arbitration.
Article
415. Resolving procedures
Procedures for resolution
of civil matters pertaining to Vietnamese commercial arbitration activities
shall comply with the provisions of the legislation on Vietnamese commercial
arbitration.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
PROCEDURES FOR RECOGNITION
OF SUCCESSFUL OUT-OF-COURT MEDIATION RESULTS
Article 416. Recognition of successful out-of-Court
mediation results
The Court shall
consider issuing the decision to recognize the result of an out-of-Court
mediation in a dispute between agencies, organizations and individuals that is
conducted by a competent agency, organization or individual according to law
regulations on mediation to be a successful mediation result.
Article
417. Conditions for recognition of successful out-of-Court mediation result
1. Parties of the
mediation agreement have sufficient civil act capacity.
2. Parties of the
mediation agreement are persons who have rights and obligations towards the
mediation contents. If the successful mediation contents are related to rights
and obligations of a third party, such mediation must be agreed by such party.
3. Either or both parties
file application to the Court for recognition of the mediation.
4. Contents of the
successful mediation are totally voluntary and are not contrary to law, not
contrary to social ethics nor for evasion of obligations towards the State or
the third party.
Article
418. Application for recognition of successful out-of-Court mediation results
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
An application must
contain the following principal details:
a) Those specified in
points a, b, c, dd, e and g clause 2 Article 362 of this Code;
b) Name and address of
individual/organization conducting the mediation;
c) The contents of
successful mediation agreement to be recognized by the Court.
2. Enclosed with the
application shall be documents about the successful mediation result according
to relevant law provisions.
Article
419. Procedures for recognition of successful out-of-Court mediation results
1. Procedures for
receiving and processing a successful out-of-Court mediation result shall
comply with regulations specified in Article 363, 364 and 365 of this Code.
2. The time limit for
preparing for consideration of an application shall be 15 days from the day on
which it is accepted by the Court; past this time limit, the Court shall issue
decisions to hold a meeting for considering the application.
The time limit for
opening a meeting for considering the application shall be 10 days from the day
on which the Court issues the decision to open the meeting.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) To request the parties
in the mediation and persons with relevant interests and duties to express opinions
about the request of the applicant for recognition of successful mediation
result and/or to clarify the request or supplement materials if necessary;
b) To request agencies,
organizations or individuals having jurisdiction to conduct mediation to supply
the Court materials to serves as the basis for the consideration of application
of involved parties if it is deemed necessary.
Agencies, organizations
and individuals receiving the requests of the Court shall respond within 05
working days from the day on which such requests are received.
4. Participants in the
meeting for consideration of the application and procedures for consideration
of the application shall comply with regulations in Article 367 and Article 369
of this Code.
5. The Judge shall make
decisions to recognize the successful out-of-Court mediation result when
conditions specified in Article 417 of this Code are fully satisfied. A
decision of the Court must contain the details specified in Article 370 of this
Code.
6. The Judge shall make
decisions to not recognize the successful out-of-Court mediation result when
conditions specified in Article 417 of this Code are not fully satisfied.
The refusal to recognize
the successful out-of-Court mediation result shall not affect the contents and legal
value of such out-of-Court mediation result.
7. The decision to
recognize or to not recognize a successful out-of-Court mediation result shall
be sent to the parties of the mediation agreement, persons with relevant
interests and duties and the procuracy of the same level.
8. The decision to
recognize or to not recognize a successful out-of-Court mediation result shall
immediately take effect and shall not be appealed against according to
appellate procedures.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Chapter
XXXIV
PROCEDURES FOR SETTLEMENT OF CIVIL MATTERS
RELATED TO THE ARREST OF AIRCRAFTS OR SEAGOING VESSELS
Article
420. Right to request the Court to arrest an aircraft or a seagoing vessel
1. Any agencies,
organizations or individuals shall be entitled to request the Court to arrest
an aircraft at an airport or an airfield to ensure the benefits of the
creditor, owner or the third party who suffer damage on the surface or other
people with rights and interests towards the aircraft or to enforce a civil
judgment according to law regulations on Vietnam’s civil aviation.
2. Any agencies,
organizations or individuals may request the Court to arrest a seagoing vessel
to ensure the settlement of maritime complaints to enforce a civil judgment or
to provide Judicial assistance.
Article
421. Jurisdiction of the Court to arrest an aircraft or a seagoing vessel
1. The People’s Court of
province where is the location of the airport/airfield where the aircraft which
is requested to be arrested landed shall have jurisdiction to make a decision
to arrest such aircraft.
2. The People’s Court of province
where is the location of the seaport/inland port where the seagoing vessel
which is requested to be arrested is operating shall have the jurisdiction to
make a decision to arrest such vessel. If such seaport is comprised of multiple
wharves that are located in multiple provinces and central-affiliated cities,
the People’s Court of province where is the location of the wharf where the
seagoing vessel which is requested to be arrested is operating shall have the
jurisdiction to make a decision to arrest such vessel.
Article
422. Procedures for arresting aircrafts or seagoing vessels
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
PART
SEVEN
PROCEDURES FOR RECOGNITION AND ENFORCEMENT
IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN
COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD
Chapter
XXXV
GENERAL REGULATIONS ON PROCEDURES FOR
RECOGNITION AND ENFORCEMENT IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR
DECISIONS OF FOREIGN COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL
AWARD
Article
423. Foreign courts’ civil judgments or decisions which shall be recognized and
enforced in Vietnam
1. The following foreign
courts’ civil judgments/decisions shall be recognized and enforced in Vietnam:
a) Civil, marriage,
family, trade, business, labor – related judgments/decisions, decisions on
properties in criminal/administrative judgments/decisions of Courts of a
foreign country are provided for in International treaty to which both Vietnam
and such country are signatories;
b) Civil, marriage,
family, trade, business, labor – related judgments/decisions; decisions on
properties in criminal/administrative judgments/decisions of Courts of a
foreign country which does not sign an International treaty with Vietnam that
contains regulations on recognition and enforcement of judgments and decisions
of foreign Courts on the basis of principle of reciprocity;
c) Other judgments or
decisions of foreign courts, which are recognized and enforced under Vietnamese
law.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
424. Foreign arbitrators’ award which shall be recognized and enforced in
Vietnam
1. The following foreign
arbitrators’ award shall be considered being recognized and enforced in
Vietnam:
a) Arbitral award of a
foreign country which is a signatory to an International treaty about
recognition and enforcement of foreign arbitral award together with Vietnam;
b) Foreign arbitral award
other than those specified in point a of this clause on the basis of principle
of reciprocity.
2. Foreign arbitral award
specified in clause 1 of this Article shall be considered being recognized and enforced in
Vietnam shall be the final ones of the arbitral tribunal that resolve all the
contents of the dispute, finish the arbitral procedures and are effective.
3. Foreign arbitral,
foreign arbitral award provided for in clause 1 of this Article shall be determined
according to provisions of Vietnamese Law on commercial arbitration.
Article
425. Right to apply for recognition and enforcement or non-recognition of civil
judgments or decisions of foreign courts; recognition and enforcement of
foreign arbitral award
1. The judgment creditors
or their lawful representatives may file petitions with Vietnamese Courts for
recognition and enforcement of civil judgments or decisions of foreign Courts
or foreign arbitral award if the judgment debtors being individuals reside or
work in Vietnam, or the judgment debtors being agencies or organizations are
headquartered in Vietnam or their properties related to the enforcement of the
judgments or decisions of foreign Courts or foreign arbitral award exist in
Vietnam at the time when the applications are filed.
2. Judgment debtors or
their lawful representatives may request the Vietnamese Courts to refuse to
recognize the civil judgments/decisions of foreign Courts.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
426. Ensuring the right to appeal
The involved parties
shall be entitled to appeal and People’s Procuracies of provinces and the
Supreme People’s Procuracy shall be entitled to appeal against Court
decisions to recognize and enforce or not recognize civil judgments or
decisions of foreign Courts or decisions to recognize and enforce foreign
arbitral award to request Collegial People’s Court to review under the
provisions of this Code.
Article
427. Ensuring the effect of the decisions of Vietnam’s Courts on recognition
and enforcement or non-recognition of civil judgments/decisions of foreign
Courts; recognition and enforcement of foreign arbitrators’ award
1. A civil
judgment/decision of a foreign Court recognized and enforced in Vietnam by a
Vietnamese Court shall be legally effective as a legally effective civil
judgment/decision of a Vietnamese Court and shall be enforced according to
procedures for enforcement of a civil judgment. Any civil judgment/decision of
a foreign Court that has not been recognized by a Vietnamese Court shall not be
legally effective in Vietnam, except for cases where such judgment/decision is
automatically recognized as provided for in Article 431 of this Code.
2. Any award of a foreign
arbitrator that is recognized and enforced in Vietnam shall be legally effective
like an effective decision of Vietnamese Court and shall be enforced according
to procedures for enforcement of a civil judgment.
3. A civil
judgment/decision of a foreign Court or the award of a foreign arbitrator shall
be enforced in Vietnam only when the decision of Vietnamese Court to recognize
and enforce such civil judgment/decision and/or award takes legal effect.
Article
428. Sending the decisions of Vietnam’s Courts on recognition and enforcement
or on non-recognition of civil judgments/decisions of foreign Courts;
recognition and enforcement of foreign arbitrators’ award
The Court shall be
responsible for sending directly or by post or through the Ministry of Justice
its decision to the creditors and debtors of the civil judgment/decision of the
foreign Court and/or the award of the foreign arbitrator or their lawful
representatives, the procuracy and civil judgment-executing bodies according to
provisions of this Code.
Article 429. Ensuring the
right to send money and properties from the enforcement of civil
judgments/decisions of foreign Courts or foreign arbitrators’ award
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
430. Fees and charges for consideration of application for recognition and
enforcement or non-recognition of civil judgments/decisions of foreign Courts;
recognition and enforcement of foreign arbitrators’ award
1. Any person requesting
a Vietnam’s Court to recognize and enforce or to not recognize in Vietnam a
civil judgment/decision of a foreign Court; or to recognize and enforce a
foreign arbitrator’s award must pay fees according to Vietnam’s law.
2. Requesters specified
in clause 1 of this Article must bear the cost of delivery to foreign countries
the procedural documents of Vietnamese Courts that are relevant to their
requests.
Article
431. Civil judgments/decisions of foreign Courts, decisions of other foreign
competent agencies that are automatically recognized in Vietnam
1. Civil judgments/decisions
of foreign Courts and decisions of other foreign competent agencies which are
not requested to be enforced or recognized in Vietnam specified in an
International treaty to which the Socialist Republic of Vietnam is a signatory.
2. Judgments/decisions
pertaining to marriage and family of foreign Courts, decisions on marriage and
family of other competent agencies of countries which are not the
co-signatories to an International treaty with Vietnam that are not requested
to be enforced or recognized in Vietnam.
Chapter
XXXVI
PROCEDURES FOR CONSIDERATION OF
APPLICATIONS FOR RECOGNITION AND ENFOREMENT IN VIETNAM OF CIVIL JUDGMENTS OR
DECISIONS OF FOREIGN COURTS; PROCEDURES FOR CONSIDERATION OF APPLICATION FOR
NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS
Section
1. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFORCEMENT
IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Within 03 years from
the day on which the civil judgment/decision of a foreign Court takes legal
effect, the judgment/decision creditors, persons with relevant legitimate
rights and interests or their lawful representatives may submit their
application to Vietnam’s Ministry of Justice according to provisions of
International treaty to which the Socialist Republic of Vietnam and home
country of such foreign Court are co-signatories or to a competent Vietnam’s
Court specified in this Code to request recognition and enforcement in Vietnam
of such civil judgment/decision.
2. In cases where the
applicant can prove that he/she cannot submit the application within the time
limit specified in clause 1 of this Article due to a force majeure event or an
objective obstruct, the time periods when such force majeure event or objective
obstruct occurs shall not be included in the time limit for submission of
application.
Article
433. Applications for recognition and enforcement
1. An application for
recognition and enforcement must contain the following principal details:
a) Full names and
addresses of residence places or work places of the judgment creditors or their
lawful representatives; if the judgment creditors are agencies or
organizations, the full names and addresses of their head-offices must be fully
inscribed;
b) Full names and
addresses of residence places or work places of the judgments debtors; if the
judgments debtors are agencies or organizations, the full names and addresses
of their head-offices must be fully inscribed; in cases where the judgment
debtors being individuals do not have residence places or work places in
Vietnam or the judgment debtors being agencies or organizations do not have
head-offices in Vietnam, their applications must also specify the addresses of
the places where exist the properties and assorted properties relating to the
enforcement in Vietnam of foreign courts’ civil judgments/decisions;
c) Requests of judgment
creditors; where foreign courts’ judgments/decisions have been partly enforced,
the judgment creditors must clearly state the executed parts and the remaining
parts requested for recognition and continued enforcement in Vietnam.
2. Applications in
foreign languages must be enclosed with their Vietnamese versions which are
duly notarized or authenticated.
Article
434. Papers and documents enclosed with the applications
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) Originals or certified
true copies of the judgment/decision issued by the foreign Court;
b) Documents made by the
foreign Court or other competent foreign agencies certifying that such
judgment/decision has taken legal effect, has not expired and should be
enforced in Vietnam, except where these details have already been clearly
stated in the judgment/decision;
c) Documents made by the
foreign Court or other competent foreign agencies certifying the lawful
delivery of such judgment/decision to the judgment debtors who have to execute
such judgments/decisions;
d) In cases the foreign
Court issue the judgment in the absence of the judgment debtors or their lawful
representatives, documents made by the foreign Court or other competent foreign
agencies certifying that they have been duly summoned are required.
2. Papers and documents
enclosed with the application that are in foreign languages must be enclosed
with their Vietnamese versions which are duly notarized or authenticated.
Article
435. Transferring of dossiers to Courts
Within 05 working days
after receiving the applications, papers and documents specified in clause 1
Article 434 of this Code, the Ministry of Justice must send the dossiers to
competent Courts as provided for in Articles 37 and 39 of this Code.
Article
436. Acceptance of dossiers
Within 05 working days
from the day on which the dossiers sent from the Ministry of Justice are
received or from the day on which the applications and accompanying papers and
documents sent from the applicants are received, the Courts shall base
themselves on Article 363, 364 and 365 of this Code to consider and accept the
dossiers and notify such to the applicants, the judgment debtors or their
lawful representatives in Vietnam, the Procuracies of the same levels and the
Ministry of Justice.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. Within the term of
preparation for consideration of an application, the Court may request the
judgment creditors to explain unclear matters in the application; request the
foreign Court issuing the judgment/decision to explain unclear matters in the
dossier.
2. The written request of
the Court for explanation shall be sent to the judgment creditors or their
lawful representatives in Vietnam and the foreign Court by post.
If the Vietnamese Court
request the foreign Court to make explanation, the written request shall be
translated in to the language specified in the International treaty to which
the Socialist Republic of Vietnam is a signatory. If the Socialist Republic of
Vietnam and the foreign country have not been the co-signatories to an
International treaty, the dossier must be enclosed with the versions in the
language of the country that is requested Judicial assistance or in a language
agreed by the requested country. Applicants for recognition and enforcement in
Vietnam of judgments/decisions of foreign countries must bear the cost for
translation and the postage on the written request for explanation of Vietnam’s
Courts to the foreign Courts.
3. Time limit for
preparation for consideration of an application shall be 04 months from the day
on which it is accepted. Within such time limit, on a case-by-case basis, the Court
shall issue one of the following decisions:
a) To suspend the
consideration of the application;
b) To terminate the
consideration of the application;
c) To open a meeting for
considering the application.
If a written request for
explanation is sent by the Court as provided for in clause 1 of this Article,
time limit for consideration of the application may be extended by not
exceeding 02 months. Past such time limit, if the written explanation of the
involved parties or the foreign Court has not been received by the Vietnam’s
Court, Vietnam’s Court shall base itself on the documents in the dossier to
resolve the application of the involved parties.
Within 01 days after
issuing a decision to open a meeting for considering the application, the Court
shall open the meeting.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
4. The Court shall issue
the decision to suspend the consideration of the application in any of the
following circumstances:
a) The judgment debtor
being individual has died or the judgment debtor being agency/organization has
been merged, amalgamated, divided or dissolved without an agency, organization
or individual to inherit his/her/its procedural rights and obligations;
b) The judgment debtor
being individual lacks of legal capacity but his/her lawful representatives has
not been determined;
c) Legal representation
of the judgment debtor has finished but the replacing person has not been
assigned;
d) The enforcement of the
judgment/decision has been suspended at the home country of the Court issuing
such judgment/decision;
dd) Such
judgment/decision is being re-considered or being waited for re-consideration
according to procedures of the home country of the Court issuing such
judgment/decision.
5. The Court shall issue
the decision to terminate the consideration of the application in any of the
following circumstances:
a) The judgment
creditor withdraw his/her application or the judgment debtor has voluntarity
enforce the judgment/decision of the foreign Court;
b) The judgment
debtor being individual has died but his/her rights and obligations have not
been inherited;
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
d) The judgment debtor
being agency/organization has been dissolved or bankrupted but its procedural
rights and obligations have not been inherited;
dd) The decision of the
Court to open the bankrupt procedures for the judgment debtor has been issued;
e) The Court cannot determine
the address of the judgment debtor and the place exists the properties related
to the enforcement;
g) The jurisdiction to resolve the application belongs to another
Court and the dossier has been forwarded to such Court for resolution;
h) The Court
cannot determine the place exists the properties related to the enforcement in Vietnam in case the judgment debtor being
agency/organization does not have head office in Vietnam or the judgment debtor
being individual does not reside or work in Vietnam.
Article
438. Meetings for considering applications
1. The consideration of
an application shall be conducted at a meeting by a Panel consisting of 3
Judges, one of whom shall act as the presiding Judge under the assignment of
the Chief Justice of the Court.
2. The procurator of the
procuracy of the same level shall attend the meeting; if the procurator is
absent, the meeting shall be still conducted by the Court.
3. The meeting shall be
conducted in the presence of the judgment creditors, judgment debtors or their
lawful representatives; if any of them is absent for the first time, the
meeting must be postponed.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
The Panel shall issue
decisions to terminate the consideration of the application if the judgment
creditors or their lawful representatives have been duly summoned twice but are
still absent or in any of the circumstances specified in clause 5 Article 437
of this Code.
4. When considering the
application for recognition and enforcement, the Panel shall not conduct
re-trial over the case when a foreign Court has issued judgment/decision for
such case. The Court shall be only entitled to check and compare the civil
judgment/decision of the foreign Court and accompanying papers and documents
with provisions of Chapter XXXV and Chapter XXXVI of this Code, other relevant
Vietnam’s law provisions and International treaties to which the Socialist
Republic of Vietnam is a signatory to form the basis for the issuance of
decision to recognize and enforce such judgment/decision.5. After checking the
application and accompanying papers and documents and listening to opinions of
the summoned people and of the procurator, the Panel shall discuss and make
decision under the majority rule.
The Panel shall be
entitled to make a decision to recognize and enforce in Vietnam or decision to
not recognize a civil judgment/decision of a foreign Court.
6. Within the time for
preparation of the application, the first-instance Court shall be entitled to
decide to apply, modify or repeal a provisional emergency measure specified in
Chapter VIII of this Code.
Section
439. Civil judgments/decisions of foreign Court that shall not be recognized or
enforced in Vietnam
1. Civil judgments/decisions
of foreign Courts that do not satisfy one of conditions for being recognized
provided for in International treaties to which the Socialist Republic of
Vietnam is a signatory.
2. Civil judgments/decisions
that have not taken legal effect as provided for in law of the home countries
of the Courts issuing them.
3. Judgment debtors or
their lawful representatives are absent from the Court sessions of the foreign
Courts because they have not been duly summoned or documents of the foreign
Courts have not been delivered to them in a reasonable time period as
prescribed in law of home country of such foreign Court so that such persons
can exercise the right to self-defense.
4. The foreign Courts
that have issued the judgments/decisions do not have jurisdiction to settle
civil cases as prescribed in Article 440 of this Code.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
6. Time limit for
enforcement of judgments prescribed in law of the home countries of the Courts
issuing such judgments/decisions or in Vietnam’s law on civil judgment
enforcement has been exceeded.
7. The enforcement of the
judgments/decisions has been canceled or terminated at the home country of the
Court issuing such judgments/decisions.
8. The recognition and
enforcement of civil judgments/decisions of foreign Courts in Vietnam are
contrary to basic principles of law of the Socialist Republic of Vietnam.
Article
440. Foreign Courts having jurisdiction to settle disputes and requests
Any foreign Court issuing
a judgment/decision that is being considered to be recognized and enforced in
Vietnam shall have jurisdiction to settle the civil case in the following
cases:
1. The civil case does
not fall within the exclusive jurisdiction of Vietnam’s Courts specified in
Article 470 of this Code;
2. The civil case falls
in a case specified in Article 469 of this Code but has one of the following
conditions:
a) The defendant
participate in oral argument without appeal against the jurisdiction of such
foreign Court;
b) Not any
judgment/decision issued by a third country for such civil case is recognized
and enforced by Vietnam’s Court;
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
441. Sending of decisions of Courts
1. Within 15 days from
the day on which the decision specified in clause 5 Article 438 of this Code is
issued, the Court shall send such to involved parties or their lawful
representatives, the Ministry of Justice and the procuracy of the same level.
2. Within 05 working days
from the day on which the decision to suspend or terminate the resolution of
the application provided for in clauses 4 and 5 Article 437 of this Code is
issued, the Court shall send such decision to involved parties or their lawful
representatives, the Ministry of Justice and the procuracy of the same level.
3. Immediately when
decisions to apply, modify or cancel a provisional emergency measure specified
in clause 6 Article 438 of this Code is issued, the Court shall send such
decision to involved parties or their lawful representatives, competent
civil-judgment-executing bodies, the Ministry of Justice and the procuracy of
the same level.
4. The sending of
decisions of the Court to involved parties living overseas shall comply with
methods specified in Article 474 of this Code.
Article
442. Appeals
1. Within 07 days from
the day on which the Court issue the decision to suspend/terminate the
consideration of the application, and 15 days from the day on which the Court
issue the decision to recognize and enforce or to not recognize the
judgment/decision of a foreign Court, involved parties and their lawful
representatives may file an appeal against such decision; if the involved
parties and their lawful representatives did not attend the meeting for
considering the application, the time limit for filing an appeal shall be
counted from the day on which they receive such decision. The appellate
petition must clearly state the reasons for the appeal and the appellate
requests.
In cases where there are
force majeure events or objective obstacles that the involved parties or their
lawful representatives can not file an appeal within such time limit, the time
when the force majeure events or objective obstacles occur shall not be
included in the time limit for appeal.
2. The Chairpersons of
the People’s Procuracies of provinces or Chairpersons of the Collegial People’s
Procuracies may file appeals against the decisions of Courts specified in
clauses 4 and 5 Article 437 and clause 5 Article 438 of this Code.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
443. Consideration of appeals
1. Collegial People’s
Court shall consider the decision of the People’s Court of province which is
appealed against within its jurisdiction within 01 month from the day on which
the documents are received; if explanation is required as prescribed in clauses
1 and 2 Article 437 of this Code, such time limit shall be extended for not
exceeding 02 months.
2. Members of the Panel
in charge of considering a decision that is appealed against shall be comprised
of 3 Judges, one of which shall be the presiding Judge as assigned by the Chief
Justice of Collegial People’s Court.
A meeting for
re-considering a decision that is appealed against shall be conducted as the
one for considering the application specified in Article 438 of this Code.
3. The Panel for
considering the decision being appealed against shall have the following
powers:
a) To uphold the decision
of the first-instance Court;
b) To modify partially of
wholly the decision of the first-instance Court;
c) To suspend the
settlement of the appeal;
d) To terminate the
settlement of the appeal;
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(028) 3930 3279
DĐ:
0906 22 99 66
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e) To repeal the decision
of first-instance Court and terminate the consideration of the application when
existing any of circumstances specified in clause 5 Article 437 of this Code.
4. A decision of a
Collegial People’s Court shall take legal effect from the day on which it is
issued and may be appealed according to cassation or reopening procedures
according to provisions of this Code.
Section
2. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR NON-RECOGNITION OF CIVIL
JUDGMENTS OR DECISIONS OF FOREIGN COURTS
Section
444. Prescriptive periods for application for non-recognition in Vietnam of
civil judgments/decisions of foreign Court
1. Within 03 years from
the day on which the civil judgment/decision of a foreign Court takes legal
effect, the judgment debtors or their lawful representatives may request
Vietnam’s Court to not recognize such civil judgment/decision.
2. In cases where the
applicant can prove that he/she cannot submit the application within the time
limit specified in clause 1 of this Article due to a force majeure event or an
objective obstruct, the time periods when such force majeure event or objective
obstruct occurs shall not be included in the time limit for submission of
application.
Section
445. Application for non-recognition in Vietnam of civil judgments/decisions of
foreign Court
1. The applicant
specified in clause 1 Article 444 of this Code must file an application. Such
application must contain the following principal details:
a) Full names and
addresses of residence places or work places of the judgments debtors; if the
judgments debtors are agencies or organizations, the full names and addresses
of their head-offices must be fully inscribed; in cases where the judgment
debtors being individuals do not have residence places or work places in
Vietnam or the judgment debtors being agencies or organizations do not have
head-offices in Vietnam, their applications must also specify the addresses of
the places where exist the properties and assorted properties relating to the
enforcement in Vietnam of foreign courts’ civil judgments/decisions;
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
c) Requests of judgment debtors;
where foreign courts’ judgments/decisions have been partly enforced, the
application must clearly state the executed parts and the remaining parts
requested for non-recognition in Vietnam.
2. Applications in
foreign languages must be enclosed with their Vietnamese versions which are
duly notarized or authenticated.
Section
446. Application for non-recognition in Vietnam of civil judgments/decisions of
foreign Court
1. The applications shall
be enclosed with papers and documents specified in the International treaties
to which the Socialist Republic of Vietnam is a signatory. If the Socialist
Republic of Vietnam and the home country of the Court issuing the
judgment/decision have not been co-signatories of an International treaty
having provisions for such matter, the application shall be enclosed with the
originals or certified true copy of the judgment/decision issued by the foreign
Court and papers and documents proving the request for non-recognition.
2. Papers and documents enclosed
with the application that are in foreign languages must be enclosed with their
Vietnamese versions which are duly notarized or authenticated.
3. Procedures for
consideration of the application, the sending of decision of the Court, the
filing of appeals and the consideration of the appeals shall be conducted
according to regulations in corresponding articles in Section 1 of this
Chapter.
Section
3. PROCEDURES FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN
COURTS WHICH ARE NOT REQUESTED TO BE ENFORCED IN VIETNAM
Section
447. Prescriptive periods for application for non-recognition of civil
judgments or decisions of foreign Courts which are not requested to be enforced
in Vietnam
1. Within 06 months from
the day on which the civil judgment/decision of a foreign Court takes legal
effect but there is no request for enforcement of such Judgment/decision in
Vietnam, then involved parties and persons with relevant legitimate rights and
interests or their lawful representatives may submit their application to
Vietnam’s Ministry of Justice according to provisions of International treaty
to which the Socialist Republic of Vietnam and home country of such foreign
Court are co-signatories or to a competent Vietnam’s Court specified in this
Code, in case the International treaty to which the Socialist Republic of
Vietnam is a signatory does not provide for or there is no relevant
International treaty provisions, to request the Court to not recognize such
civil judgment/decision.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Section
448. Application for non-recognition of civil judgments or decisions of foreign
Courts which are not requested to be enforced in Vietnam
1. An application for
non-recognition of a civil judgment/decision of a foreign Court which is not
requested to be enforced in Vietnam must have the following principal details:
a) Full names and
addresses of residence places or work places of the applicants; if the
applicants are agencies or organizations, the full names and addresses of their
head-offices must be fully inscribed;
b) Requests of the
applicants.
2. Enclosed with the
application shall be the originals or certified true copies of the civil
judgment/decision of foreign Court and necessary papers and documents for
proving that the request for unrecognition is well-grounded and lawful.
3. The application and
accompanying papers and documents that are in foreign languages must be
enclosed with their Vietnamese versions which are duly notarized or
authenticated.
Section
449. Procedures for acceptance and processing of application for
non-recognition of a civil judgment/decision of a foreign Court which is not
requested to be enforced in Vietnam
1. The acceptance of
application, the preparation for consideration of application and the meeting
for considering the application for non-recognition of a civil
judgment/decision of a foreign Court which is not requested to be enforced in
Vietnam shall be conducted according to regulations in Articles 436, 437 and
438 of this Code.
2. The Panel considering
the application may any of the following decisions:
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
b) To reject the
application for non-recognition.
3. A civil
judgment/decision of a foreign Court which is not requested to be enforced in
Vietnam shall not be recognized in cases specified in Article 439 of this Code.
Article
450. Sending decisions of Courts and regulations on appeal
The sending of decisions
of Courts; the appeal and the consideration of an appeal shall comply with
regulations in Article 441, 442 and 443 of this Code.
Chapter
XXXVII
PROCEDURES FOR CONSIDERATION OF
APPLICATIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF FOREIGN ARBITRATOR’S
AWARD
Article
451. Time limit for submission of applications for recognition and enforcement
1. Within 03 years from
the day on which the foreign arbitrator’s award takes legal effect, the
judgment creditors and persons with relevant legitimate rights and interests or
their lawful representatives may submit their application to Vietnam’s Ministry
of Justice according to provisions of International treaty to which the
Socialist Republic of Vietnam is a signatory or to a competent Vietnam’s Court
specified in this Code, in case the International treaty to which the Socialist
Republic of Vietnam is a signatory does not provide for or there is no relevant
International treaty provisions, to request the Court to not recognize and
enforce such award.
2. In cases where the applicant
can prove that he/she cannot submit the application within the time limit
specified in clause 1 of this Article due to a force majeure event or an
objective obstruct, the time period when such force majeure event or objective
obstruct occurs shall not be included in the time limit for submission of
application.
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Mọi chi tiết xin liên hệ: ĐT:
(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. An application for
recognition and enforcement in Vietnam of foreign arbitrator’ award must
contain the following principal details:
a) Full names and
addresses of residence places or work places of the judgment creditors or their
lawful representatives in Vietnam; if the judgment creditors are agencies or
organizations, the full names and addresses of their head-offices must be fully
inscribed;
b) Full names and
addresses of residence places or work places of the judgments debtors; if the
judgments debtors are agencies or organizations, the full names and addresses
of their head-offices must be fully inscribed; in cases where the judgment
debtors being individuals do not have residence places or work places in
Vietnam or the judgment debtors being agencies or organizations do not have
head-offices in Vietnam, their applications must also specify the addresses of
the places where exist the properties and assorted properties relating to the
enforcement in Vietnam of foreign arbitrator’s award;
c) Requests of the
judgment creditors.
2. Applications in
foreign languages must be enclosed with their Vietnamese versions which are
duly notarized or authenticated.
Article
453. Papers and documents enclosed with the applications
1. The applications shall
be enclosed with papers and documents specified in the International treaties
to which the Socialist Republic of Vietnam is a signatory; in case where there
is no International treaty or the International treaty does not provide for the
case, the following papers and documents shall be enclosed with the
application:
a) The originals or
certified true copies of the foreign arbitrator’s award;
b) The originals or
certified true copies of arbitration agreements between parties.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
Article
454. Forwarding dossiers to Courts
1. Within 05 working days
from the day on which the application and enclosed papers and documents
specified in Article 453 of this Code, the Ministry of Justice shall forward
them to the competent Court.
2. If the Ministry of
Justice has forwarded the dossier to the Court and received notification from a
competent agency of the foreign country informing that the case is being
considered or the enforcement of the foreign arbitrator’s award has been
canceled or terminated in such country, the Ministry of Justice must
immediately notify in writing to the Court.
Article
455. Acceptance of dossiers
Within 05 working days
from the day on which the dossiers sent from the Ministry of Justice are
received or from the day on which the applications and accompanying papers and
documents sent from the applicants are received, the competent Courts shall
base themselves on Article 363, 364 and 365 of this Code to consider and accept
the dossiers and notify in writing such to the judgment creditors, the judgment
debtors or their lawful representatives in Vietnam, the Procuracies of the same
levels and the Ministry of Justice.
Article
456. Forwarding dossiers to other Courts, settlement of disputes about
jurisdiction
If after accepting the
case, the Courts deem that the settlement of application for recognition and
enforcement in Vietnam the foreign arbitrator’s award falls within the
jurisdiction of another Courts of Vietnam, then the Court which has accepted
the case shall issue a decision to forward the dossier to the jurisdictional
Court and cross out such request on its acceptance book. Such decision shall be
immediately sent to the procuracy of the same level and the involved parties.
Involved parties may file
an appeal or the procuracy may file an appeal against such decision within 03
working days from the day on which such decision is received. Order and
procedures for processing the appeals or settling disputes about jurisdiction
shall comply with regulations in Article 41 of this Code.
Article
457. Preparation for consideration of applications
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
a) To suspend the consideration
of the application;
b) To terminate the
consideration of the application;
c) To open a meeting for
considering the application.
Within the time limit for
preparation for considering the application, the Court may request the judgment
creditors to explain the unclear information in the application. In such case,
the time limit for preparation for considering the application shall be
extended for not exceeding 02 months.
Within 20 days after
issuing a decision to open a meeting for considering the application, the Court
shall open the meeting. Within 15 days before the meeting is opened, the Court
shall transfer the dossier to the procuracy of the same level for study; past
such time period, the procuracy shall return the dossier to the Court so that
the meeting for considering the application can be opened.
2. The Court shall issue
the decision to suspend the consideration of the application in any of the
following circumstances:
a) Foreign arbitrator’s
award is being re-considered by a competent agency of the country where the
award is made;
b) The judgment debtor
being individual has died or the judgment debtor being agency/organization has
been merged, amalgamated, divided or dissolved without an agency, organization or
individual to inherit his/her/its procedure rights and obligations;
c) The judgment debtor
being individual lacks of legal capacity but his/her lawful representatives has
not been determined;
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
When the decision to
suspend the resolution of the application has been issued as prescribed in this
clause, the Judge shall be responsible for supervising and expediting agencies,
organizations and individuals to eliminate the causes for such suspension as
soon as possible to promptly continue processing the application. When the
causes for the suspension no longer exist, the Judge shall make a decision to
continue processing the application.
3. The Court shall issue
the decision to terminate the consideration of the application in any of the
following circumstances:
a) The judgment creditor
withdraws his/her application or the judgment debtor has voluntarily enforce
the foreign arbitrator’s award;
b) The judgment debtor
being individual has died but his/her rights and obligations have not been
inherited;
c) The judgment debtor
being agency/organization has been dissolved or bankrupted but its rights and
obligations have been settled according to Vietnam’s law;
d) The judgment debtor
being agency/organization has been dissolved or bankrupted but its procedure
rights and obligations have not been inherited;
dd) The Court cannot
determine the places where exist properties in Vietnam of the judgment debtor
according to the request of the judgment creditor of the arbitral award.
Article
458. Meetings for considering applications
1. The consideration of
an application shall be conducted at a meeting by a Panel consisting of 3
Judges, one of whom shall act as the presiding Judge under the assignment of
the Chief Justice of the Court.
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. The meeting shall be
conducted in the presence of the judgment creditors, judgment debtors or their
lawful representatives; if any of them is absent for the first time with
plausible reasons, the meeting must be postponed.
The consideration of the
application shall still proceed if the judgment creditors or their lawful
representatives, or the judgment debtors or their lawful representatives have
filed their applications to the Courts for consideration of the applications in
their absence or if their lawful representatives have been duly summoned twice
but are still absent.
The Panel shall issue
decisions to terminate the processing of the application if the judgment
creditors or their lawful representatives have been duly summoned twice but are
still absent or in any of the circumstances specified in clause 3 Article 457
of this Code.
4. When considering the
application for recognition and enforcement, the Panel shall not conduct
re-trial over the dispute when the foreign arbitrator’s award has been issued.
The Court shall be only entitled to check and compare the foreign arbitrator’s
award and accompanying papers and documents with provisions of Chapter XXXV and
Chapter XXXVII of this Code, other relevant Vietnam’s law provisions and
International treaties to which the Socialist Republic of Vietnam is a
signatory to form the basis for the issuance of decision to recognize and
enforce such award.
5. After checking the
application and accompanying papers and documents and listening to opinions of
the summoned people and of the procurator, the Panel shall discuss and make
decision under the majority rule.
The Panel shall be
entitled to make a decision to recognize and enforce in Vietnam the foreign
arbitrator’s award or decision to not recognize a foreign arbitrator’s award.
Article
459. Cases of non-recognition
1. The Court shall not
recognize a foreign arbitrator’s award when deeming that the evidences provided
by the judgment debtors to the Court for appealing against the application for
recognition are well-grounded and the arbitrator’s award falls within one of
the following cases:
a) The parties of the
arbitration agreement do not have capacity to conclude such agreement according
to law applicable to each party;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) The judgment debtors
being agencies, organizations and individuals are not promptly and conformably
notified of the appointment of arbitrator officer and of procedures for
processing the disputes at foreign arbitrator, or due to other plausible
reasons, such agencies, organizations and individuals cannot exercise their
procedure rights;
d) The foreign
arbitrator’s award over a dispute is not requested to be settled by any parties
or exceeds the request of parties of the arbitration agreement. If it is able
to separate the parts of the decision on the matter which are requested and
not requested to be settled at foreign arbitrator, the decision on the matter
requested to be settled may be
recognized and enforced in Vietnam;
dd) Compositions of
foreign arbitrator and/or procedures for settlement of disputes conducted by
foreign arbitrator is not conformable to the arbitration agreement or to the
law of the country where the foreign arbitrator’s award has been made, in case
the arbitration agreement does not provide for such matters;
e) The foreign
arbitrator’s award has not taken compulsory legal effect on parties;
g) The enforcement of the
foreign arbitrator’s award has been canceled or terminated by a competent
agency of the country where such award is made or the home country of the law
that is applied.
2. The foreign
arbitrator’s award shall not be recognized is the Vietnam’s Court deems that:
a) According to Vietnam’s
law, the dispute shall not be settled according to arbitral procedures;
b) The recognition and enforcement
in Vietnam of foreign arbitrator’s award are contrary to basic principles of
law of the Socialist Republic of Vietnam.
Article
460. Sending of decisions of Courts
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
2. Within 15 days from
the day on which the decision to recognize and enforce or to not recognize in
Vietnam the foreign arbitrator’s award specified in clause 5 Article 458 of
this Code is issued, the Court shall send such decision to involved parties or
their lawful representatives, the Ministry of Justice and the procuracy of the
same level. If the involved parties living overseas do not have lawful
representatives in Vietnam and the Court has issued the decision in their
absence according to regulations in clause 3 Article 458 of this Code, the
Court shall send such decision to them by post or via the Ministry of Justice
according to provisions of International treaty to which the Socialist Republic
of Vietnam is a signatory.
3. The sending of
decisions of the Court to involved parties shall comply with methods specified
in Article 474 of this Code.
Article
461. Appeals
1. Within 07 days from
the day on which the Court issue the decision specified in clauses 2 and 3 Article
457 or clause 5 Article 458 of this Code, involved parties and their legal
representatives may file an appeal against such decision; if the involved
parties and their lawful representatives did not attend the meeting for
considering the application, the time limit for filing an appeal shall be
counted from the day on which they receive such decision. The appellate
petition must clearly state the reasons for the appeal and the appellate
requests.
In cases where there are
force majeure events or objective obstacles that the involved parties or their
lawful representatives can not file an appeal within such time limit, the time
when the force majeure events or objective obstacles occur shall not be
included in the time limit for appeal.
2. The Chairpersons of
the People’s Procuracies of provinces or Chairpersons of the Collegial People’s
Procuracies may file appeals against the decisions of Courts specified in
clauses 2 and 3 Article 457 and clause 5 Article 458 of this Code.
Time limit for filing an
appeal is 07 days (applicable to the People’s Procuracies of provinces) or 10
days (applicable to Collegial People’s Procuracies) from the day on which the
procuracy receives the decision.
Article
462. Consideration of appeals
1. Collegial People’s
Court shall re-consider the decision of the People’s Court of province which is
appealed against within 01 month from the day on which the documents are
received; if explanation is required as prescribed in clause 1 Article 457 of
this Code, such time limit shall be extended for not exceeding 02 months.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
3. The Panel for
considering the decision being appealed against shall have the following
powers:
a) To uphold the decision
of the first-instance Court;
b) To modify partially of
wholly the decision of the first-instance Court;
c) To suspend the
settlement of the appeal;
d) To terminate the
settlement of the appeal;
dd) To repeal the decision
of the first-instance Court and forward the dossiers to such first-instance
Court for re-settlement according to first-instance procedures;
e) To repeal the
first-instance decision and terminate the processing of the application when
existing any of circumstances specified in clause 3 Article 457 of this Code.
4. The Panel for
considering the decision being appealed against shall terminate the processing
of an appeal in the following cases:
a) The involved party
withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal;
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DĐ:
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If the involved party
filing appeal withdraws wholly his/her appeal or the procuracy withdraws wholly
its appeal before the appellate Court make a decision to open a meeting for
considering such appeal, the Judge assigned to preside over the meeting shall
make a decision to terminate the resolution of such appeal. If the involved
party filing appeal withdraws wholly his/her appeal or the procuracy withdraws
wholly its appeal when the appellate Court has made a decision to open a
meeting for considering such appeal, appeal consideration Panel shall make a
decision to terminate the resolution of such appeal.
In the following cases,
the decision of the first-instance Court shall take legal effect from the day
on which the appellate Court issues the decision to terminate the consideration
of the appeal.
5. The Panel in charge of
considering the decision being appealed against shall repeal the decision of
the first-instance Court and forward the dossiers to such first-instance Court
for re-processing according to first-instance procedures in the following
cases:
a) The proving of the involved
parties for protesting against the recognition of the foreign arbitrator’s
award or the grounds for the first-instance Court to make a decision to
recognize or to not recognize the foreign arbitrator’s award is unconformable
to provisions of Chapter XXXV and Chapter XXXVII of this Code, other relevant provisions
of Vietnam’s law and of International treaties to which the Socialist Republic
of Vietnam is a signatory;
b) Members of the Panel
in charge of considering the application of the first-instance Court is
unconformable to provisions of Chapter XXXVII of this Code or is seriously
contrary to regulations on procedures that affects lawful rights and interests
of involved parties.
6. A decision of a Collegial
People’s Court shall take legal effect from the day on which it is issued and
may be appealed according to cassation or reopening procedures according to
provisions of this Code.
Article
463. Termination of enforcement, repealing of decisions to recognize and
enforce a foreign arbitrator’ award
1. Immediately when the
written notification of a competent foreign agency of that the application for
repealing or termination of the enforcement of foreign arbitrator’s award is
being considered sent by involved parties or the Ministry of Justice is
received, the Court that has issued the decision to recognize and enforce in
Vietnam such award shall request the Head of Civil judgment enforcement agency
to issue decision to suspend the enforcement of the award.
Immediately when the
request of the Court has been received, Head of the Civil judgment enforcement
agency shall issue a decision to suspend the enforcement of the award and send
such decision to the Court that has issued the decision to recognize and
enforce in Vietnam the foreign arbitrator’s award and to involved parties and
persons with relevant interests and duties.
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(028) 3930 3279
DĐ:
0906 22 99 66
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2. Immediately when the
written notification of the foreign competent authority of the repealing or
termination of the enforcement of a foreign arbitrator’s award has been
received, Vietnam’s Court that has issued the decision to recognize and enforce
in Vietnam such foreign arbitrator’s award shall issue a decision to repeal
such decision and send such decision to involved parties, persons with relevant
interests and duties, and the civil judgment enforcement agency.
Immediately when the
decision of the Court has been received, Head of the Civil judgment enforcement
agency shall issue a decision to terminate the enforcement of the foreign
arbitrator’s award.
PART
EIGHT
PROCEDURES FOR SETTLEMENT OF CIVIL CASES
INVOLVING FOREIGN ELEMENTS
CHAPTER
XXXVIII
GENERAL PROVISIONS FOR PROCEDURES FOR
SETTLEMENT OF CIVIL CASES INVOLVING FOREIGN ELEMENTS
Article
464. Principles of application
1. This Part provides for
jurisdiction, procedures for settlement of civil cases involving foreign
elements; if a case is not provided for in this Part, other relevant provisions
of this Code shall be applied.
2. A civil case involving
foreign elements means a civil case falling in any of the following cases:
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b) All parties are
Vietnamese citizens/agencies/organizations but the relationship is established,
changed, developed or broken up in a foreign country;
c) All parties are
Vietnamese citizens, agencies and organizations but the parties of such civil
relationship are overseas.
3. Judicial assistance
activities in civil procedure shall be conducted according to regulations of
law on Judicial assistance.
Article
465. Procedural rights and obligations of foreigners, foreign agencies and
organizations and branches or representatives offices of foreign agencies and
organizations and international organizations or their representatives in
Vietnam, States of foreign countries
1. Foreigners, foreign
agencies and organizations, international organizations, representative offices
of international organizations in Vietnam may initiate lawsuits to Vietnamese Courts
to request the protection of their legitimate rights and interests when being
infringed upon or when being in dispute.
Foreigners, foreign
agencies and organizations, international organizations, representative offices
of international organizations in Vietnam may initiate lawsuits to Vietnamese
Courts to request the protection of their legitimate rights and interests when
being infringed upon or when being in dispute.
2. When participating in
civil procedures, foreigners, foreign agencies and organizations and branches
or representatives offices in Vietnam of foreign agencies and foreign
organizations and international organizations or their representatives in
Vietnam and States of foreign countries shall have rights and obligations to
conduct procedures like Vietnamese citizens, agencies and organizations.
3. The Vietnamese State
may apply the principle of reciprocity to restrict relevant civil procedural
rights of foreigners, foreign agencies and organizations, branches or
representative offices of foreign agencies and organizations, and international
organizations or their representative agencies in Vietnam which the Courts of
their countries have restricted towards Vietnamese citizens, agencies and
organizations, and branches and representative offices of overseas Vietnamese
agencies and organizations.
Article
466. Civil-procedure legal capacity and civil-procedure act capacity of
foreigners
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DĐ:
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a) Under the law of the
country of which he/she is a citizen. For a stateless foreigner, his/ her
civil-procedure legal capacity and civil-procedure act capacity shall be
determined under the law of the country where he/she resides. For a stateless
foreigner residing in Vietnam, his /her civil-procedure legal capacity and
civil- procedure act capacity shall be determined under Vietnamese law;
b) If the foreigner has
different foreign citizenships, his /her civil procedure legal capacity and
civil-procedure act capacity shall be determined under the law of the one of
the countries of which he/she is a citizens and where he/she resides.
For a foreigner who has
different citizenships and resides in a country of which he/she is not a
citizen, his/her civil-procedure legal capacity and civil-procedure act
capacity shall be determined under the law of the country of which he/she is a
citizen for the longest time;
c) Under Vietnamese law, if
he/she has different citizenships including Vietnamese citizenship, or if
he/she has a card for permanent residence or temporary residence in Vietnam.
2. A foreigner may have
his/her civil-procedure act capacity recognized at a Vietnamese Court if he/she
has such capacity in accordance with Vietnamese law in spite of not having it
in accordance with the law of the relevant foreign country.
Article
467. Civil-procedure legal capacity of foreign organizations, branches or
representative offices in Vietnam of foreign agencies and organizations and
international organizations and their representatives offices in Vietnam and of
the State of foreign countries
1. Civil-procedure legal
capacity of a foreign agency or organization shall be determined in accordance
with the law of the country where such agency or organization is established.
Civil-procedure legal
capacity of a branch or representative office of a foreign agency or
organization in Vietnam shall be determined in accordance with Vietnamese law.
2. Civil-procedure legal
capacity of an international organization or its representative agency shall be
determined under the International treaty based on which such organization is
established, the working regulation of such organization, or the International
treaty to which the Socialist Republic of Vietnam is a signatory.
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DĐ:
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Article
468. Protection of legitimate rights and interests involved parties being
foreigners, foreign agencies and organizations, branches or representative
offices in Vietnam of foreign agencies and organizations and international
organizations and their representative offices in Vietnam or the State of
foreign countries
The involved parties
being foreigners, foreign agencies and organizations, branches or
representative offices of foreign agencies and organizations, and international
organizations or their representative agencies in Vietnam that participate in
procedures at Vietnamese Courts may themselves, or ask lawyers to, defend their
lawful rights and interests in accordance with Vietnamese law.
Article
469. Common jurisdiction of Vietnamese Courts to resolve civil cases involving
foreign elements
1. Vietnamese Courts
shall have the jurisdiction to resolve civil cases involving foreign elements
in the following cases:
a) The defendant is an
individual who resides, works or lives for a long term in Vietnam;
b) The defendant is an
agency or organization which is headquartered in Vietnam or the defendant is an
agency or organization has a branch or a representative office in Vietnam,
applicable to cases related to the operation of the branch or representative
office in Vietnam of such agency/organization;
c) The defendant has
properties in Vietnam;
d) The divorce cases with
the plaintiffs or the defendants being Vietnamese citizens or involved parties
being foreigners who reside, work or live for a long term in Vietnam;
dd) Civil cases related
to civil relations which are established, changed or terminated in Vietnam,
objects of which are properties in Vietnam or acts performed in Vietnam;
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DĐ:
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2. When the jurisdiction
of Vietnamese Courts have been determined according to provisions of this
Chapter, the Court shall base themselves of provisions of Chapter III of this
Code to determine their specific jurisdiction to resolve the civil case
involving foreign elements.
Article
470. Exclusive jurisdiction of Vietnamese Courts
1. The following civil
lawsuits involving foreign elements shall fall under the exclusive jurisdiction
of Vietnamese courts:
a) Civil lawsuits
involving rights to properties being immovables in the Vietnamese territory;
b) Divorce case between a
Vietnamese citizen and a foreign citizen or a stateless person if both spouses
reside, work or live permanently in Vietnam;
c) Other civil lawsuits
where parties are allowed to choose Vietnamese Courts to settle according to
Vietnamese law or International treaties to which the Socialist Republic of
Vietnam is a signatory and parties agreed to choose Vietnamese Courts.
2. The following civil
cases involving foreign elements shall fall under the exclusive jurisdiction of
Vietnamese courts:
a) Claims without dispute
arising from civil legal relationships specified in clause 1 of this Article;
b) Claims for
determination of a legal events occurring in Vietnam;
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(028) 3930 3279
DĐ:
0906 22 99 66
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d) Declaration of
foreigner residing in Vietnam having limited civil act capacity or lacking
legal capacity if such declaration is related to the establishment of their
rights and obligations in Vietnam;
dd) Recognition of a
property in Vietnam to be derelict, recognition of the right to ownership of
the current manager over derelict immovables in Vietnam.
Article
471. Not changing the jurisdiction of Courts
Any civil case involving
foreign elements which has been accepted for settlement by a Vietnamese Court under
this Code’s provisions on jurisdiction must be continually settled by such
Court even though during the resolution process there appear changes of
nationalities, residential places or addresses of involved parties or appear
new details which make such civil case falls under the jurisdiction of another
Vietnamese Court or foreign court.
Article
472. Returning the lawsuit petitions or applications or terminating the
resolution of civil cases involving foreign elements in case arbitration
agreements and/or agreements on choosing foreign Courts have been concluded or
in case such civil cases have been settled by foreign Courts or foreign
arbitrators or other foreign competent authorities or the involved parties are
eligible for legal exemption
1. Vietnamese Courts
shall return lawsuit petitions or applications or terminate the settlement of
civil cases involving foreign elements if such civil cases fall in common
jurisdiction of Vietnamese Courts but fall in any of the following cases:
a) Involved parties were
agreed to choose dispute settlement methods according to law provisions
applicable to civil relationships involving foreign elements and such involved
parties have chosen foreign arbitrators or Courts to settle such cases/matters.
In case where the agreements
to chose foreign arbitrators or Courts are replaced by agreements on choosing
Vietnamese Courts, or the agreements to choose foreign arbitrators or Courts
are annulled or cannot be executed, or where the foreign arbitrators or Courts
refuse to accept the petitions, thus Vietnamese Courts shall have the
jurisdiction to settle;
b) The civil cases do not
fall within the exclusive jurisdiction of Vietnamese Courts specified in
Article 470 of this Code and fall in the exclusive jurisdiction of relevant foreign
Courts;
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(028) 3930 3279
DĐ:
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d) The civil cases are settled
by judgments/decisions of the foreign Courts or by foreign arbitrators’ awards.
If such
judgments/decisions or awards are not recognized by Vietnamese Courts,
Vietnamese Courts shall have jurisdiction to settle such cases;
dd) The defendants are eligible
for legal exemption.
2. If the petitions are
returned or the settlement of civil cases involving foreign elements specified in clause 1 of this Article is terminated, the Court fee and charge advances
shall be settled according to provisions of this Code.
Article 473. Requests for
provision of information about record and determination of addresses of
involved parties living overseas
1. The petitions or written requests must state clearly full
names, addresses and nationalities of involved parties living overseas enclosed
with papers and documents authenticating full names, addresses and
nationalities of such involved parties.
If full names,
addresses and nationalties of involved parties living overseas are not fully
specified, they must be completed within a time limit specified by the Courts;
past such time limit, if such information are not fully provided, the Courts
shall return such petitions/requests.
2. If addresses of the involved parties living overseas are not identifiable,
the litigators/requesters may request Vietnamese
Courts to request competent authorities of foreign countries to determine
addresses of the involved parties or may request competent authorities to find
the persons who are absent from their resident places or request Vietnamese
Courts or foreign competent authorities to declare involved parties missing or
death according to Vietnamese law or law of the foreign countries or
International treaties to which the Socialist Republic of Vietnam is a
signatory.
If the competent authorities
of foreign countries respond to Vietnamese Courts that addresses of the
involved parties living overseas are not identifiable or after 06 months from
the day on with the petitions/requests are received, not any response are made,
the Courts shall return such petitions/requests.
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(028) 3930 3279
DĐ:
0906 22 99 66
Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:
1. The Court shall
deliver or notify its procedural documents by any of the following methods:
a) Methods prescribed in
International treaties to which the Socialist Republic of Vietnam is a
signatory;
b/ Through the diplomatic
channel, for involved parties residing in countries that are not a
co-signatories with the Socialist Republic of Vietnam to a International
treaty;
c) By post to addresses
of involved parties currently residing in foreign countries if such methods are
accepted by the laws of such countries;
d) By post to overseas
representative missions of the Socialist Republic of Vietnam for being
delivered to the involved parties being overseas Vietnamese citizens;
dd/ Through its
representative office or branch in Vietnam in accordance with this provisions
of this Code, applicable to foreign agencies or organizations having
representative offices or branches in Vietnam;
e) By post to legal
representatives or proxy representatives in Vietnam of involved parties living
overseas.
2. Methods of delivery
specified at Points a and b Clause 1 of this Article must comply with the law
on Judicial assistance.
3. If the modes of
delivery specified in Clause 1 of this Article are unsuccessfully applied, the
Court shall post up the procedural document at the head office of the relevant
overseas representative mission of the Socialist Republic of Vietnam, the Court
currently processing the case, or the last place of residence of the involved
party in Vietnam for 01 month and on the e-portal of the Court (if any) and the
e-portal of the overseas representative mission of the Socialist Republic of
Vietnam. In necessary cases, the Court may broadcast such on the central radio
or television channels specialized for foreigners three times for 03
consecutive days.
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(028) 3930 3279
DĐ:
0906 22 99 66
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The Courts shall collect
evidences in any of the following methods:
1. Those specified in
points a and b clause 1 Article 474 of this Code;
2. Request by post
involved parties being Vietnamese citizens residing overseas to send papers,
materials and evidences to the Vietnamese Court.
Article
476. Notification of acceptance of cases, date for opening meetings or Court
sessions
1. The Court shall send a
notice of acceptance of the case to overseas involved parties, clearly stating
the time and venue for holding the meeting for checking the handover of, access
to, and disclosure of evidences and mediation (hereinafter referred to as the
meeting), resumption of the meeting, and opening or resumption of the Court
session.
2. The time limit for
opening a Court session or a meeting for mediating shall be determined as
follows:
a) A meeting for
mediating shall be opened not earlier than 06 months and not later than 08
months after the issuance of a written notice of acceptance of the case. The
date of resumption of a mediation meeting (if any) shall be fixed within 01
month after the date of opening such meeting;
b) A Court session shall
be opened not earlier than 09 months and not later than 12 months after the
issuance of a written notice of acceptance of the case. The date of resumption
of a Court session (if any) shall be fixed within 01 month after the date of
opening such Court session, except for cases specified in Clause 4 Article 477
of this Code.
3. The Court shall send a
notice of acceptance of the civil matter to overseas involved parties, clearly
stating the time and venue for opening or resuming the meeting for settling a
civil matter.
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Article
477. Handling of results of delivery of Court’s procedural documents to
overseas involved parties and results of requesting of foreign competent
authorities to collect evidences
Upon receiving results of
delivery of the court’s procedural document and results of collection of
evidences in a foreign country, the court, on the case-by-case basis, shall:
1. Not hold a mediation
meeting when it has received the delivery results by one of the methods
specified in Clause 1 Article 474 of this Code and the involved parties have
provided sufficient testimonies, materials and evidences, and the civil lawsuit
falls into the case where no mediation can be held prescribed in Article 207 of
this Code;
2. Postpone the mediation
meeting if it has received the notice of delivery completion but until the date
of holding the m, it receives no testimonies, documents or evidences from the
involved parties that do not ask for permitted absence from the mediation
meeting. In case overseas involved parties are still absent on the day the
mediation meeting is resumed, the Court shall consider it impossible for
conducting the mediation;
3. Postpone the Court
session in the following cases:
a) Overseas involved
parties request in writing the postponement of the first Court session;
b) Overseas involved
parties are absent from the first Court session, unless they make a written
petition for trial to be conducted in their absence;
4. Postpone the Court
session, if it receives no notice of delivery results or testimonies, materials
or evidences of overseas involved parties and, on the date of opening the Court
session, these involved parties are still absent and make no written request
for trial to be conducted in their absence. Immediately after the postponement
of the Court session, the Court shall request in writing the Ministry of
Justice or overseas representative mission of the Socialist Republic of Vietnam
to notify the delivery of the court’s procedural document to the involved
parties in case the Court makes the delivery via this mission by one of the
methods prescribed in Points a, b and d Clause 1 Article 474 of this Code.
Within 01 month after
receiving the court’s request, the overseas representative mission of the
Socialist Republic of Vietnam shall notify the Court of the result of delivery
of the procedural document to the overseas involved parties.
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Within 5 working days
after receiving the reply from the competent foreign authority, the Ministry of
Justice shall give a reply to the court.
Past the 3-month time
limit from the date of transferring the court’s request to the competent
foreign agency, if receiving no reply, the Ministry of Justice shall notify
such to the Court for use as a ground for settlement of the case;
5. Conduct trial in the
absence of overseas involved parties in the following cases:
a) It has received the
result of delivery of the procedural document to the involved parties by one of
the methods prescribed in Clause 1 Article 474 of this Code and the involved
parties have provided sufficient testimonies, documents or evidences and
requested the Court to conduct trial in their absence;
b) It has taken measures
mentioned in Clause 3 Article 474 of this Code.
c) It receives no notice
from the competent authority mentioned in Clause 4 of this Article regarding
the delivery result;
6. If the Court receives
a written notification of that the delivery cannot be completed because name
and address of the involved party is inaccurate or the involved party has moved
to another address that is unknown to the Court, then the Court shall:
a) Request the plaintiff
and relatives in Vietnam of overseas involved party (if any) to provide it with
correct or new address of the overseas involved party. Continue the delivery of
the notice of acceptance to overseas involved party according to the address
provided by the plaintiff or the relatives in Vietnam of the overseas involved
party;
b) Make a decision to
terminate the resolution of the case, in case the plaintiff or the relative in
Vietnam of the involved party fails to or refuse to provide correct or new
address of the overseas involved party or the overseas party does not have a
relative in Vietnam. Concurrently, the Court shall explain to the litigator the
right to request the Court to issue notice of finding an involved party absent
from his/her residence or request the Court to declare an involved party
missing or death;
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DĐ:
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In such case, the Court is
not required to re-deliver the procedural documents to overseas involved party.
Past the 1-month time limit from the day on which the notification is posted,
the Court shall conduct the trial in the absence of the involved party.
Article
478. Recognition of papers and materials sent by foreign agencies,
organizations, or individuals to Vietnamese Courts
1. Vietnamese Courts
shall recognize papers and documents made, issued or certified by competent
foreign agencies or organizations in the following cases:
a) Papers, materials and
notarized or certified Vietnamese translations have been legalized by consular
offices;
b) Papers and documents
are exempt from consular legalization in accordance with Vietnamese law or
International treaties to which the Socialist Republic of Vietnam is a
signatory.
2. Vietnamese Courts
shall recognize papers and materials made by overseas individuals in the
following cases:
a) Foreign-language
papers and documents already translated into Vietnamese are lawfully notarized
or certified in accordance with the Vietnamese law;
b) Papers and documents
made in a foreign country are notarized or certified in accordance with the law
of that country and have been legalized by consular offices;
c) Papers and documents
made in Vietnamese by overseas Vietnamese citizens with their signatures
certified in accordance with Vietnamese law.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. Involved parties
present in Vietnam may appeal against a Court judgment or decision within the
time limit specified in Article 273 of this Code.
2. For overseas involved
parties who are absent from the Court session, the time limit for them to
appeal against a Court judgment or decision is 01 month after such judgment or
decision is duly delivered or posted up in accordance with law.
3. In case the Court
conducts trial in the absence of overseas involved parties under Point b,
Clause 5, Article 477 of this Code, the time limit for filing an appeal is 12
months since the judgment is pronounced.
Article
480. Delivery or notification of procedural documents of appellate Courts to
overseas involved parties and handling of delivery or notification results
Appellate Courts shall
deliver or notify procedural documents to overseas involved parties and handle
delivery or notification results in accordance with Articles 474, 476 and 477
of this Code.
Article
481. Determination and provision of foreign law for the Court to apply in the
settlement of civil cases involving foreign elements
If the Vietnamese Court
apply a foreign law to settle a civil case involving foreign element according
to provisions of Vietnamese law and/or of an International treaty to which the
Socialist Republic of Vietnam is a signatory, the responsibility for
determining and providing foreign shall be performed as follows:
1. If the involved party
of a civil case is allowed to choose a foreign law to be applied, he/she shall
provide the foreign law he/she has chosen for the Court being in charge of such
case. The involved party shall be responsible for the accuracy and legitimacy
of the foreign law he/she provides for the Court.
If involved parties fail
to agreed with each other about the foreign law to be chosen or in necessary
cases, the Court shall request the Ministry of Justice, the Ministry of Foreign
Affairs, consular offices of the Socialist Republic of Vietnam in foreign
countries or request the diplomatic missions of foreign countries in Vietnam
(via the Ministry of Foreign Affairs) to provide the foreign laws;
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(028) 3930 3279
DĐ:
0906 22 99 66
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3. The Court may request
agencies, organizations and individuals professional in foreign laws to provide
it with information about foreign laws;
4. Past the 06-month time
limit from the date of request for provision of foreign laws as provided for in
this Article, if there is no response, the Court shall apply Vietnamese law to
settle the civil case.
PART
NINE
ENFORCING CIVIL JUDGMENTS/DECISIONS OF
COURTS
Chapter
XXXIX
ENFORCING CIVIL JUDGMENTS/DECISIONS OF
COURTS
Article
482. To be-enforced judgments/decisions of courts
1. The to be-enforced
civil judgments/decisions of Courts are those that already took effect,
including:
a) Judgments/decisions or
parts of judgments/decisions of the first-instance courts, which are not
appealed against according to the appellate procedures;
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(028) 3930 3279
DĐ:
0906 22 99 66
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c) Cassation/reopening
decisions of courts; decisions of Councils of Judges of the Supreme People’s
Court prescribed in Article 360 of this Code;
d) Civil
judgments/decisions of foreign courts, foreign arbitral award, which have been
recognized and permitted for enforcement in Vietnam.
2. The following
judgments/decisions of first-instance Courts shall be immediately enforced
though they may be appealed against or complained/recommended about:
a) Judgments/decisions on
alimonies, remuneration, reinstatement of employees, wages, severance pays,
compensation for loss of capacity for work, redundancy pays, social insurance,
unemployment insurance, health insurance or compensations for loss of lives,
health or mental damage suffered by citizens; decisions on lawfulness of labor
strikes;
b) Decisions on
application of provisional emergency measures.
Article
483. Recording and explanation about the right to request the enforcement of
civil judgment
1. If the judgment/decision
of the Court exists a decision to be enforced according to regulations in
Article 482 of this Code, in the conclusion of such judgment/decision, the
right to request the enforcement of the judgment, the obligation to enforce the
judgment and the prescriptive periods of enforcement shall be clearly stated.
2. When issuing a
judgment/decision, the Court shall clearly explain the involved parties about
their right to request the judgment enforcement, judgment enforcement
obligation and prescriptive periods for requesting for the enforcement of the
judgment according to provisions of the Law on enforcement of civil judgments.
Article
484. Issuance of judgments/ decisions of Courts
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(028) 3930 3279
DĐ:
0906 22 99 66
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Article
485. Time limit for forwarding of judgments/decisions
1. The Court that has
issued the judgment/decision specified in clause 1 Article 482 of this Code
must forward such judgment/decision to competent civil-judgment-executing
bodies within 01 month from the day on which such judgment/decision takes legal
effect, unless otherwise prescribed by law.
2. The Court that has
issued the judgment/decision specified in point a clause 2 Article 482 of this
Code must forward such judgment/decision to competent civil-judgment-executing
bodies within 15 days from the day on which such judgment/decision takes legal
effect.
3. The Court that has
made the decision to apply provisional emergency measures or decision on the
legitimacy of a strike must forward such decision to competent
civil-judgment-executing bodies immediately when such decision has been issued.
4. If the competent
agencies have distrained upon the properties, impounded the properties, confiscated the
exhibits or other documents related to the enforcement of the judgments, when
forwarding the judgments/decisions to the civil-judgment-executing bodies, the
Court must enclose with them copies of minutes of the distrainment, impoundment
or confiscation of exhibits and other relevant documents.
Article
486. Explanation for and modification of judgments/ decisions of Courts
1. Judgment creditors,
judgment debtors, persons with relevant interests and duties to the enforcement
of the judgment/decisions of the Court and judgment-executing bodies shall be entitled
to request in writing the Court issuing such judgments/decisions to explain and
modify unclear information in such judgments/decisions to enforce them.
2. The Judges that have
made the decisions or the Judges being the presiding Judges of the Court
sessions shall be in charge of explaining and modifying unclear information in
the judgments/decisions of the Courts. If such Judges are no longer the Judges
of the Courts, the Chief Justices of such Courts shall take their charge.
3. The explanation of judgments/decisions
of the Courts shall base on the minutes of the Court session, of the meeting or
the deliberation minutes. The modification of a judgment/decision of a Court
shall comply with regulations in Article 268 of this Code.
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DĐ:
0906 22 99 66
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If a civil-judgment
enforcement agency file a recommendation about the re-consideration of a
judgment/decision of the Court according to cassation or reopening procedures,
the competent Court shall make response within 03 months from the day on which
the recommendation is received; if the case is too complicated, such time limit
shall be 04 months from the day on which the recommendation is received.
Article
488. Jurisdiction, procedures for consideration for exemption or reduction of
judgment enforcement obligation regarding the amounts payable to the State
budget by the Court
1. Jurisdiction to
consider the exemption or reduction of judgment enforcement obligation
regarding the amounts payable to the State budget by the Court shall be
determined as follows:
a) People’s Courts of
districts where the civil-judgment-executing bodies which are carrying out the
enforcement of the judgment are headquartered shall be entitled to consider the
applications for exemption or reduction of judgment enforcement obligation
regarding the amounts payable to the State budget;
b) People’s Courts of
provinces shall be entitled to consider according to appellate procedures Court
decisions on the exemption or reduction of judgment enforcement obligation
regarding the amounts payable to the State budget which are appealed against
by the procuracies;
c) Collegial People’s
Courts shall be entitled to consider according to re-opening procedures Court
decisions on exemption or reduction of legally effective judgment obligation
which are appealed against within their jurisdiction.
2. Order and procedures
for consideration for exemption or reduction of judgment enforcement obligation
regarding the amounts payable to the State budget shall be conformable to
provisions of the Law on civil judgment enforcement.
PART
TEN
HANDLING ACTS OF OBSTRUCTING CIVIL
PROCEEDINGS; COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEDURES
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(028) 3930 3279
DĐ:
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HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS
Article
489. Handling acts of obstructing the verification and collection of evidences
by proceeding officers
Those who commit one of
the following acts shall, depending on the nature and severity of the
violations, be disciplined, be imposed administrative penalties or face
criminal prosecution as prescribed in law:
1. Forging or destroying
important exhibits, thus obstructing the resolution of cases by courts;
2. Refusing to provide or
provide untruthful testimonies or providing false materials when acting as
witnesses;
3. Refusing to produce
results of expertise of refusing to provide information without good and
sufficient reason or produce untruthful expertise results;
4. Intentionally giving
untruthful interpretation;
5. Failing to assign a
person to join the Price Assessment Council at the request of the Court without
a plausible reason; failing to perform the duties of the Price Assessment
Council without a plausible reason;
6. Obstructing a
procedure-conducting person to make on-site inspection and appraisal, conduct
assessment and/or expertise or verify or collect other evidences in accordance
with this Code;
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(028) 3930 3279
DĐ:
0906 22 99 66
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8. Deceiving, bribing,
threatening, forcing, or using force to prevent an expert witness from
performing his/her duty, or compelling him/her to make an untruthful
conclusion;
9. Deceiving, bribing,
threatening, forcing, or using force to prevent an interpreter from performing
his/her duty or compelling him/her to give untruthful, biased or wrong
interpretation.
Article
490. Handling measures applicable to witnesses who are intentionally not
present under courts’ subpoenas
1. In cases where
witnesses or the interpreters have been duly summoned by Courts but have
deliberately declined to go to Courts or to be present in Court sessions or
meeting without plausible reasons and their absence caused obstacles to the
collection and/or verification of evidences or the adjudication of cases, they
shall face administrative sanction according to law provisions.
2. In cases specified in
clause 1 of this Article, the Courts shall be entitled to issue decisions to escort
the witness to the Court sessions or meetings, unless the witnesses are minors.
Decisions on escorting witnesses must clearly state the time and places of
their issuance; the full names and positions of the persons issuing the
decisions; the full names, dates of birth and residence places of the
witnesses, the time and places for the witnesses to be present.
3. The public security
offices having the task to enforce the Court decisions shall be in charge of
escorting witnesses. Executors of such decisions must read out and explain them
to the to be-escorted persons and make records on the escort.
Article
491. Handling of violations against the internal rules of Court sessions
1. Persons committing
violations against the internal rules of Court sessions specified in Article
234 of this Code shall, depending on nature and severity of the violations,
face administrative penalties imposed by the presiding Judges according to law
provisions.
2. The presiding Judges
shall be entitled to make decisions to compel the violators specified in clause
1 of this Article to leave the courtroom. Public security offices having the
task to protect Court sessions or persons having the task to protect the order
of the Court sessions shall enforce the presiding Judges’ decisions on forcible
departures from Court rooms or admistrative custody against persons who cause
disturbance in Court sessions.
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DĐ:
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4. Provisions of this
Article shall be also applicable to persons who commit violations in the
Court’s meetings.
Article 492. Actions against
acts offending or injuring the solemn and/or prestige of the Court, honor,
dignity or health of proceeding officers or other persons carrying out duties
at the request of the Court
Any person performing an
act offending or injuring the solemn and/or prestige of the Court, honor,
dignity or health of proceeding officers or other persons carrying out duties
at the request of the Court shall, depending on nature and severity of the
violations, be imposed administrative penalties or be liable to criminal prosecution
according to law provisions.
Article
493. Actions against the issuance, sending, receiving, delivery or notice of
procedural documents of the Court
Any person shall,
depending on nature and severity of the violations, be imposed disciplinary
penalties, administrative penalties or liable to criminal prosecution according
to law provisions if he/she performs any of the following acts:
1. Fail to perform the
issuance, sending, delivery or notice of procedural documents of the Court at the
request of the Court without plausible reasons;
2. Destroy procedural
documents of the Court that the Court assigned them to issue, deliver or
notice;
3. Forge the results of
the deliver or notice of procedural documents of the Court that are assigned;
4. Preclude the issuance,
sending, Receiving, delivery or notice of procedural documents of the Court.
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(028) 3930 3279
DĐ:
0906 22 99 66
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Those who threaten,
assault, or take advantage of others’ dependence to prevent representatives of
agencies, organizations or individuals from attending Court sessions or
meetings as summoned by the Courts shall, depending on the nature and severity
of their violations, be administratively sanctioned or be liable to criminal
prosecution according to law provisions.
Article
495. Actions against acts of failing to executive Court decisions on provisions
of documents and evidences to the Court or acts of reporting untruthful
information in order to obstruct Court’s settlement of cases
1. Agencies,
organizations or individuals that fail to execute the Court decision on
provision of documents and evidences they are currently managing or keeping
shall be administratively sanctioned in accordance with law.
2. Those who report
untruthful information in order to obstruct the Court’s settlement of the case
shall, depending on the nature and severity of their violations, be
administratively sanctioned, administratively sanctioned or be liable to
criminal prosecution in accordance with law.
Article
496. Actions against acts interfering in the settlement of civil cases
Those who use their
influence to exert impacts in any form on the Judge or another member of the Trial
Panel in order to make the settlement of the case biased or unlawful shall,
depending on the nature and severity of their violations, be imposed
disciplinary measures, be administratively sanctioned or be liable to criminal
prosecution in accordance with law.
Article
497. Responsibilities of the procuracies in cases where the Courts institute
criminal cases
1. In cases where the
Courts institute criminal cases as stipulated in Clauses 3 and 4 Article 491 of
this Code, within 15 days from the day on which the institution decisions are
issued, the Courts shall forward to the competent procuracies the institution
decisions and materials and evidences substantiating the criminal acts.
2. The procuracies shall
be responsible for considering and settling according to provisions of the
Criminal Procedure Code.
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DĐ:
0906 22 99 66
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Forms of penalty,
competence, order and procedures for imposing administrative penalties on acts
that obstruct civil procedure activities shall comply with provisions of the
Law on Actions against administrative violations and relevant law provisions.
Chapter
XLI
COMPLAINTS AND DENUNCIATIONS IN CIVIL
PROCEDURES
Article
499. Decisions and acts in civil procedures which may be complained about
1. Agencies,
organizations or individuals shall be entitled to complain about procedural
decisions or acts of civil proceeding authorities/persons when there are
grounds for presuming that such decisions or acts are illegal or infringe upon
their legitimate rights and interests.
2. For first-instance,
appellate, cassation or reopening judgments/decisions of Courts or other
procedural decisions issued by civil proceeding officers, if being appealed
against, complained about or petitioned, they shall be settled not according to
the provisions of this Chapter but according to the provisions of corresponding
chapters of this Code.
Article
500. Rights and obligations of complainants
1. Complainants shall
have the following rights:
a) To lodge complaints by
themselves or through their lawful representatives;
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(028) 3930 3279
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c) To withdraw their
complaints at any stage of the resolution of the cases;
d) To receive written
replies on the acceptance of their complaints; to receive the
complaint-resolving decisions;
dd) To have their
legitimate rights or interests restored; to receive damages as provided for by
law.
2. Complainants shall
have the following obligations:
a) To lodge their complaints
to the right persons who are competent to settle them;
b) To give truthful
presentations of the cases, to supply information and documents to persons
handling the complaints; to take responsibility before law for the contents of
their presentations and the supply of such information and documents;
c) Not to abuse the right
to complain to obstruct the procedural activities of the courts;
d) To abide by decisions
and acts of presiding officers that they are complaining about during the
complaining period;
dd) To strictly abide by
the complaint-resolving decisions which have taken legal effect.
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1. The complained persons
shall have the following rights:
a) To acquire knowledge about
grounds for complaint of the complainants; to produce evidences of the legality
of their procedural decisions or acts which are being complained about;
b) To receive decisions
on the resolution of the complaints about their own procedural decisions or
acts.
2. The complained persons
shall have the following obligations:
a) To explain their
procedural decisions or acts being complained about; to provide relevant
information or documents when so requested by competent agencies, organizations
or individuals;
b) To strictly abide by
the decisions on the resolution of the complaints which have taken legal
effect;
c) To compensate for
damage, to reimburse or address the consequences caused by their illegal
procedural decisions or acts as provided for by law.
Article
502. Statute of limitations for lodging complaints
The time limit specified
in statute of limitation for lodging a complaint is 15 days as from the date
the complainant receives or knows about the procedural decision/act which
he/she deems illegal.
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Article
503. Forms of complaint
Complaint petitions must
be made in writing. A written complaint petition must clearly state the date;
full name and address of the complainant; complaint contents and reasons for
the complaint, request of the complainant, signature or fingerprints of the
complainant.
Article
504. Competence resolution of complaints against decisions/acts of proceeding
officers
1. Complaints against
decisions/acts of proceeding officers being Judges, Deputy-Chief Justices,
Ombudspersons, Court clerks or People’s Jurors shall be settled by the
competent Chief Justices of Courts being in charge of such civil cases.
Complaints against
procedural decisions/acts of Chief Justices of Courts shall be settled by the
competent Chief Justices of the immediately superior courts.
2. Complaints against
decisions/acts of proceeding officers being procurators, inspectors, deputy
chairpersons of procuracies shall be settled by the chairpersons of the
procuracies.
Complaints against
procedural decisions/acts of chairpersons of procuracies shall be settled by
competent chairpersons of the immediately superior procuracies.
3. Complaints against the
first complaint-resolving decisions of the Chief Justices or the Chairpersons
of procuracies provided for in clauses 1 and 2 of this Article shall be settled
by the Chief Justices/Chairpersons of the immediately superior
courts/procuracies.
Article
505. Time limit for resolution of complaints
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Article
506. Contents of decisions on first complaint resolution
1. Persons who resolve
complaints for the first time must issue written decisions on resolution of the
complaints. A decision on resolution of a complaint shall include the following
information:
a) Date of issuing the
decision;
b) Name and address of
the complainant and the complained person;
c) Complained matters;
d) Result of the verification
of the complained matters;
dd) Legal grounds for
resolution of the complaint;
e) Decision on first
complaint resolution.
2. First
complaint-resolving decisions must be sent to the complainants and relevant
individuals, agencies and organizations. If the decisions are issued by the
Chief Justices of the courts, they must be sent to procuracies of the same
levels.
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(028) 3930 3279
DĐ:
0906 22 99 66
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1. Within 05 working days
from the day on which the first complaint-resolving decisions are received, if
the complainants disagree with such decisions, they may file complaints with
competent persons for second complaint resolution.
2. The complaint
petitions must be enclosed with copies of first complaint-resolving decisions
and accompanying materials.
A written complaint
petition must clearly state the date; full name and address of the complainant;
complaint contents and reasons for the complaint; signature or fingerprints of
the complainant.
3. A second
complaint-resolving decision must include the following information:
a) Information specified
in points a, b, c, d and dd clause 1 Article 506 of this Code;
b) Result of the first
complaint resolution;
c) Conclusions about
specific matters in the complaint petition and the resolution of the second
complaint-resolving persons.
4. Second
complaint-resolving decisions must be sent to the complainants and relevant
individuals, agencies and organizations. If the decisions are issued by the
Chief Justices of the courts, they must be sent to procuracies of the same
levels.
5. Second
complaint-resolving decisions shall be effective.
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The resolution of
complaints against expertise activities in civil procedures shall comply with
law regulations on judicial expertise and relevant law provisions.
Article
509. Persons who have right to denounce
Individuals are entitled
to denounce to competent agencies, organizations or individuals illegal acts of
competent proceeding officers which cause or threaten to cause damage to the
State’s interests or legitimate rights and interests of agencies, organizations
or individuals.
Article
510. Rights and obligations of denouncers
1. Denouncers shall have
the following rights:
a) To file their written
denunciations or directly present denunciations to competent agencies,
organizations or individuals;
b) To request that their
full names, addresses and autographs be kept secret;
c) To request that the results
of resolution of their denunciations be notified to them;
d) To request that
competent agencies, organizations and individuals protect them when they are
threatened, bullied or revenged.
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a) To honestly present
the contents of their denunciations;
b) To clearly state their
full names and addresses;
c) To take responsibility
before law for untruthful denunciations.
Article
511. Rights and obligations of the denounced persons
1. Denounced persons shall
have the following rights:
a) To be notified of the
denunciation contents;
b) To produce evidences
to prove that the denunciation contents are untrue;
c) To have their
legitimate rights and interests that have been infringed upon restored; to have
their honor restored; and to enjoy compensation for the damage caused by false
denunciations;
d) To request competent
agencies, organizations or individuals to handle persons who gave untruthful
denunciations.
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a) To explain their
denounced acts; to provide relevant information and documents when so requested
by competent agencies, organizations or individuals;
b) To strictly abide by
the handling decisions of competent agencies, organizations or individuals;
c) To pay damages,
reimburse or address consequences caused by their illegal civil procedural acts
according to law provisions.
Article
512. Competence and time limit for resolution of denunciations
1. Denunciations of
illegal acts of persons competent to conduct procedures of any competent
agencies shall be settled by the heads of such agencies.
In cases where the
denounced persons are courts’ Chief Justices, deputy-Chief Justices,
chairpersons or deputy-chairpersons of the procuracies, the Chief Justices of
the immediately superior Courts or the chairpersons of the immediately superior
procuracies shall have responsibility to settle the cases.
The time limit for
resolution of a denunciation shall not exceed 02 months as from the date on
which the denunciation is accepted; for complicated cases, the time limit for
denunciation resolution may be longer but shall not exceed 03 months.
2. Denunciations of
illegal acts which show criminal signs shall be settled according to the
provisions of the Criminal Procedure Code.
Article
513. Procedures for denunciation resolution
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Article
514. Responsibilities of persons competent to settle complaints/denunciations
1. Competent agencies,
organizations or individuals shall, within the scope of their tasks and powers,
have the responsibility to receive and promptly and properly settle complaints
or denunciations; to strictly handle violators; to apply necessary measures to
prevent possible damage or losses; to ensure strict execution of settling
decisions and have to take legal responsibility for their decisions.
2. Those who are
competent to settle complaints or denunciations but fail to settle them, show
irresponsibility in settling them or settle them illegally shall, depending on
the nature and severity of the violations, be disciplined or examined for penal
liability; if causing damage, they must pay compensations therefor according to
law provisions.
Article
515. Inspection and supervision of law observation in resolution of complaints
and denunciations in civil procedures
The people’s procuracies
shall inspect and supervise the law observance in the resolution of complaints
and denunciations in civil procedures according to law provisions. The
procuracies are entitled to request or recommend the Courts of the same and
lower levels, responsible agencies, organizations and individuals to ensure
that the settlement of complaints/denunciations is well grounded and lawful.
Chapter
XLII
IMPLEMENTARY CLAUSE
Article
516. Amendment to a number of articles of the Labor Code No. 10/2012/QH13
1. Article 52 shall be
amended as follows:
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People’s Courts shall be entitled
to declare labor contracts to be invalid.”
2. Articles 223, 224,
225, 226, 227, 228, 229, 230, 231, 232 and 234 Section 5 Chapter XIV of the
Labor Code No. 10/2012/QH13 shall be annulled.
Article
517. Effect
1. This Code takes effect
from July 01st, 2016, except for the following provisions related to
provisions of the Civil Code No. 91/2015/QH13 that take effect from January 01st,
2017:
a) Provisions related to
that the Courts must not refuse to resolve civil cases for the reasons that
there are no applicable law provisions prescribed in clause 2 Article 4,
Articles 43, 44 and 45 of this Code;
b) Provisions pertaining
to persons with limited cognition or behavior control;
c) Provisions pertaining
to the application of statute of limitations provided for in clause 2 Article
184 and point e clause 1 Article 217 of this Code;
d) Provisions pertaining
to legal entities being representatives or guardians.
2. The Civil Procedure
Code No. 24/2004/QH11 that has been amended according to the Law No. 65/2011/QH12
shall expire since this Code comes into effect, except for provisions of
Article 159 and point h clause 1 Article 192 that shall be effective until the
end of December 31st, 2016.
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CHAIRPERSON OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung
