Chương XX Bộ luật Tố tụng dân sự 2004: Quy định chung về thủ tục giải quyết việc dân sự

Chapter XX

GENERAL PROVISIONS ON PROCEDURES FOR RESOLUTION OF CIVIL MATTERS

Article 311.- Scope of application

The courts shall apply the provisions of this Chapter and other provisions of this Code, which are not contrary to the provisions of this Chapter, to resolve civil matters prescribed in Clauses 1, 2, 3, 4 and 6 of Article 26 and Clauses 1, 2, 3, 4, 5 and 7 of Article 28, Clauses 1 and 4 of Article 30, Clause 3 of Article 32 of this Code.

Civil matters mean a situation where individuals or organizations 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 individuals, agencies or organizations, or request courts to recognize their civil, marriage and family, business, commercial or labor rights.

Article 312.- Petitions for the court resolution of civil matters

1. Persons requesting courts to resolve civil matters must file their petitions with competent courts defined in Section 2 of Chapter III of this Code.

2. A petition shall contain the following principal contents:

a) Date of making the petition;

b) Name of the court that is competent to handle the petition;

c) Full name and address of the petitioner;

d) Specific issues requested to be resolved by the court; reasons, purposes and bases of the request for a court resolution of such civil matters;

e) Full names and addresses of persons who are related to the resolution of the petition, if any.

f) Other information that are deemed by the petitioner to be relevant to the resolution of his/her petition;

g) Signature or fingerprint of petitioner being individual or signature and seal of the lawful representative of the agency or organization being the petitioner.

3. The petition must be accompanied by documents, evidences to prove that the petitions are well-grounded and lawful.

Article 313.- Participants in meetings to resolve civil matters

1. The courts must hold open meetings to resolve civil matters.

After issuing decision to hold meetings for resolution of civil matters, the courts must immediately send such decisions and the dossiers on the civil matters to the procuracies of the same level for study. The procuracies must study them within seven days after the receipt of the dossiers; past this time limit, the procuracies must return the dossiers to the courts for holding meetings to resolve the civil matters.

2. Procurators of the procuracies of the same level must attend the meetings. In cases where they are absent the meetings must be postponed.

3. Petitioners or their lawful representatives must participate in the meetings under the courts' subpoena.

If petitioners are absent for the first time for plausible reasons, the courts shall postpone the meetings. Where petitioners request the courts to resolve the civil matters in their absence, the courts may do so. If petitioners have been duly summoned twice but still absent, they shall be deemed to waive their petitions and the courts shall issue decisions to stop the resolution of the civil matters. In cases where the courts issue decisions to stop the resolution of the civil matters, the petitioner's right to request the courts to resolve the civil matters according to the procedures prescribed by this Code shall still be guaranteed.

4. Related persons or their lawful representatives may be summoned to the meetings by courts. In case of necessity, the courts may summon witnesses, expert-witnesses 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 314.- Procedures for conducting meetings to resolve civil matters

1. A meeting to resolve civil matters shall be conducted in the following order:

a) The court 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;

c) 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;

e) Witnesses present their opinions; or expert-witnesses present their conclusions and explain issues which remain unclear or contradictory;

f) Evidences shall be examined;

g) Procurator shall present the procuracy's views on the resolution of the civil matters;

h) The judge shall consider and decide to accept or not to accept the request for resolution of the civil matters;

2. In case where a person is absent, the judge may publicize the testimonies, documents and/or evidences supplied or disclosed to the court by that person.

Article 315.- 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, court clerk;

d) Full name and address of the petitioner for the resolution of civil matters;

e) Specific matters requested to be resolved by the court;

f) Names and addresses of the related persons;

g) Assessment of the court and grounds for accepting or not accepting the petition;

h) Legal bases for resolution of civil matters;

i) Court's rulings;

j) Court fees to be paid.

2. Decisions to resolve civil matters must be forwarded to the procuracies of the same level, competent judgment-executing agencies, the petitioners for the resolution of civil matters and individuals, agencies and/or organizations whose rights and obligations are related to such decisions within five working days as from the date of issuance of such decisions.

Article 316.- Appeal and protest against civil matter-resolving decisions

Petitioners and individuals, agencies and/or organizations whose rights and obligations are related to civil matter-resolving decisions shall be entitled to appeal, the procuracies of the same level and immediate superior procuracy shall be entitled to protest against civil matter-resolving decisions in order to request the immediate superior court to re-settle them according to the appellate procedures, except those decisions prescribed in Clauses 2 and 3, Article 28 of this Code.

Article 317.- Appeal or protest time limits

1. The petitioners and individuals, agencies and/or organizations whose rights and obligations are related to civil matter-resolving decisions shall be entitled to appeal against such decisions within seven days as from the date the courts issue such decisions, except for cases prescribed in Clause 1 of Article 358 and Clause 1 of Article 372 of this Code. In cases where they are not present at court sessions, such time limit shall be counted from the date they receive the civil matter-resolving decisions or the date such decisions are announced or posted up.

2. The procuracies at the same level shall be entitled to protest against civil matter-resolving decisions within 7 days, the immediate superior procuracies shall be entitled to protest within 15 days as from the date the courts make such decisions, except for cases prescribed in Clause 2, Article 358 and in Clause 2, Article 372 of this Code.

Article 318.- Procedures for appellate trial of civil matter-resolving decisions which are appealed or protested against

The procedures for appellate review of civil matter-resolving decisions being appealed or protested against shall comply with the provisions of Article 280 of this Code.