Phần thứ nhất Bộ luật Tố tụng dân sự 2004: Những quy định chung

Part One

GENERAL PROVISIONS

Chapter 1

TASK AND EFFECT OF THE CIVIL PROCEDURE CODE

Article 1.- Regulation scope and task of the Civil Procedure Code

The Civil Procedure Code provides for the basic principles in civil proceedings; the order and procedures for initiating lawsuits at courts to settle cases of civil, marriage and family, business, trade and labor disputes (hereinafter referred collectively to as civil cases) and the order and procedures to request courts to settle matters regarding civil, marriage and family, business, trade or labor requirements (hereinafter referred collectively to as civil matters); the order and procedures for settlement of civil cases, civil matters (hereinafter referred collectively to as civil cases and matters) at courts; the civil judgment enforcement; the tasks, powers and responsibilities of the procedure-conducting agencies, the procedure-conducting persons; the rights and obligations of persons participating in civil proceedings and of relevant individuals, State agencies, people's armed force units, economic organizations, political organizations, socio-political organizations, professional-socio-political organizations, social organizations, socio-professional organizations (hereinafter referred collectively to as agencies, organizations) in order to ensure the speedy, accurate, judicious and lawful settlement of civil cases and matters.

The Civil Procedure Code contributes to the protection of the socialist regime, enhances the socialist legislation, protects the interests of the State, and legitimate rights and interests of individuals, agencies and/or organizations; educates people to seriously abide by law.

Article 2.- Effect of the Civil Procedure Code

1. The Civil Procedure Code shall apply to all civil proceedings throughout the territory of the Socialist Republic of Vietnam.

2. The Civil Procedure Code shall apply to all civil proceedings conducted by consular offices of Vietnam in foreign countries.

3. The Civil Procedure Code shall apply to the settlement of civil cases and matters involving foreign element(s); where international treaties which Vietnam has signed or acceded to 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 which the Socialist Republic of Vietnam has signed or acceded to, the civil cases or matters related to such individuals, agencies and/or organizations shall be settled through the diplomatic channel.

Chapter II

BASIC PRINCIPLES

Article 3.- Assurance of the socialist legislation in civil procedures

All civil procedural activities of procedure-conducting persons, civil procedure-participants, 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

Individuals, agencies and organizations defined by this Code shall have the right to institute civil cases, request the resolution of civil matters at competent courts in order to protect the legitimate rights and interests of their own or of others.

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, request competent courts to settle civil cases or matters. The courts shall only accept for settlement civil cases and/or matters when they receive lawsuit petitions and/or written requests from the involved parties and shall settle the cases and/or matters only within the scope of such lawsuit petitions or written requests.

2. In the course of settling civil cases and/or matters, the involved parties shall have the right to terminate or change their requests or voluntarily reach agreement with one another, which is not contrary to law and social ethics.

Article 6.- Supply of evidences and proofs in civil procedures

1. The involved parties shall have the right and obligation to supply evidences to courts and prove that their requests are well grounded and lawful.

Individuals, agencies or organizations that initiate lawsuits or file their requests to protect the legitimate rights and interests of other persons shall have the right and obligation to supply evidences and to prove like the involved parties.

2. The courts shall only verify or gather evidences in the cases prescribed by this Code.

Article 7.- Responsibility of competent individuals, agencies and organizations to supply evidences

Individuals, agencies and organizations shall, within the scope of their tasks and powers, be obliged to provide the involved parties and courts with case evidences currently being under their possession or management at the requests of the involved parties and/or courts; in cases where they cannot do so, they must notify such to the involved parties and/or courts in writing and clearly state the reasons therefore.

Article 8.- Equality in rights and obligations in civil procedures

All citizens are equal before law and courts regardless of their nationalities, sexes, social status, beliefs, religions, educational levels and occupations. All agencies and organizations are equal regardless of their forms of organization, ownership and other matters.

The involved parties are equal in rights and obligations in civil procedures; the courts have the responsibility to create conditions for them to exercise their rights and perform their obligations.

Article 9.- Ensuring the involved parties' right to defense

The involved parties shall have the right to defend by themselves or ask lawyers or other persons who satisfy the conditions prescribed by this Code to defend their legitimate rights and interests.

The courts have the responsibility to provide assurance for the involved parties to exercise their right to defense.

Article 10.- Conciliation in civil procedures

The courts have the responsibility to conduct conciliation and create favorable conditions for the involved parties to reach agreement with one another on the resolution of civil cases or matters under the provisions of this Code.

Article 11.- Participation of people's jurors in adjudication of civil cases

The adjudication of civil cases shall be participated by people's jurors as provided for by this Code. Upon trials people's jurors are equal in powers to judges.

Article 12.- Judges and people's jurors are independent in trial and only comply with law

Upon trial of civil cases, judges and people's jurors shall be independent and only comply with law.

All acts of hindering judges and people's jurors from performing their tasks are strictly prohibited.

Article 13.- Responsibilities of civil procedure-conducting agencies, and persons

1. Civil procedure-conducting agencies and persons must respect the people and submit to the people's supervision.

2. Civil procedure-conducting agencies and persons shall be held responsible before law for the performance of their tasks and powers. Where the civil procedure-conducting persons commit law violation acts, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to law provisions.

3. Civil procedure-conducting agencies and persons must keep State secrets, work secrets as prescribed by law; preserve the nation's fine customs and practices, keep professional secrets, business secrets, personal secrets of the involved parties at their legitimate requests.

4. If civil procedure-conducting persons commit illegal acts, causing damage to individuals, agencies and/or organizations, the courts must pay damages to the victims and the civil procedure-conducting persons shall have to reimburse the courts according to law provisions.

Article 14.- Collective trial by courts

A court shall conduct the collective trial of civil cases and make decisions by majority.

Article 15.- Public trials

1. The court trial of civil cases shall be carried out publicly, anyone can attend the trials, except for cases prescribed by this Code.

2. In special cases where it is necessary to keep the State secrets or preserve the nation's fine customs and practices, keep the professional secrets, business secrets or personal secrets of individuals at legitimate requests of the involved parties, the courts shall conduct trials behind closed doors but must publicly pronounce the judgments.

Article 16.- Ensuring impartiality of persons that conduct or participate in civil procedures

Chief judges, judges, people's jurors, court clerks, procuracy chairmen, prosecutors, interpreters and/or expert-witnesses 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.

Article 17.- Following the two-level adjudication regime

1. The courts shall follow the regime of two-level adjudication

The courts' first-instance judgments or decisions can be appealed or protested against under the provisions of this Code.

First-instance judgments or decisions which are not appealed or protested 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 or protested against, the cases must undergo appellate trials. The appellate judgments or decisions shall be legally effective.

2. The courts' first-instance judgments or decisions which have already taken legal effect but have been detected with law violations or new details shall be reviewed according to the cassation or reopening procedures under the provisions of this Code.

Article 18.- Supervision of trials

Superior courts supervise the adjudication by subordinate courts, the Supreme People's Court supervises the adjudication by courts of all levels in order to ensure a strict and uniform application of law.

Article 19.- Assurance of the effect of courts' judgments, decisions

Legally effective judgments, decisions of courts must be enforced and observed by all citizens, agencies and organizations. Individuals, agencies and organizations that have the obligation to execute the courts' judgments, decisions must strictly execute them.

Within the scope of their respective tasks and powers, the People's 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.

Article 20.- Spoken and written language used in civil procedures

Spoken and written language to be used in civil procedures is the Vietnamese.

Participants in civil procedures may use the voices and scripts of their ethnic groups and in this case interpreters are required.

Article 21.- Supervising the law observance in civil procedures

1. The People's Procuracies shall supervise the law observance in civil procedures and exercise the rights to request, petition or protest according to law provisions in order to ensure lawful and timely resolution of civil cases and matters.

2. The People's Procuracies shall participate in court sessions for cases with evidences collected by courts but complained about by the involved parties, for civil matters falling under the courts' jurisdiction and for civil cases and matters with courts' judgments or decisions protested against by the People's Procuracies.

Article 22.- Courts' responsibility to transfer documents and papers

1. The courts shall have the responsibility to transfer directly or via postal service their judgments, decisions, summons, invitations and other relevant documents to the participants in the civil procedures according to the provisions of this Code.

2. Where the courts cannot do so, the People's Committees of communes, wards or district townships (hereinafter called collectively commune-level People's Committees) where such persons reside or the agencies or organizations where they work shall have the responsibility to transfer the judgments, decisions, summons, invitations and other relevant papers of courts to such persons when so requested by courts and must notify the courts of the results thereof.

Article 23.- Participation of individuals, agencies, organizations in civil procedures

Individuals, agencies and organizations shall have the right and obligation to participate in civil procedures according to the provisions of this Code, and contribute to the lawful and timely resolution of the civil cases and matters at courts.

Article 24.- Assurance of the right to complaints and denunciations in civil procedures

Individuals, agencies and organizations shall have the right to complain about, individuals shall have the right to denounce, illegal acts of persons conducting the civil procedures or of any individuals, agencies or organizations 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.

Chapter III

COURT'S JURISDICTION

Section 1. CIVIL CASES AND MATTERS FALLING UNDER THE COURTS' JURISDICTION

Article 25.- Civil disputes falling under the courts' jurisdiction

1. Disputes over the Vietnamese nationality among individuals;

2. Disputes over property ownership;

3. Disputes over civil contracts;

4. Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 29 of this Code;

5. Disputes over property inheritance;

6. Disputes over compensation for non-contractual damage;

7. Disputes over the land use right and properties affixed to land under the land legislation;

8. Disputes relating to the professional press operation under law provisions;

9. Other civil disputes as stipulated by law.

Article 26.- Civil requests falling under the courts' jurisdiction

1. The request to declare a person losing his/her civil act capacity or having his/her civil act capacity restricted; or to revoke a decision declaring a person losing his/her civil act capacity or having restricted civil act capacity;

2. The request to announce the search of persons who are absent from their residential places and the management of their properties;

3. The request to declare a person missing; or to revoke a decision to declare a person missing;

4. The request to declare a person deceased; or to revoke a decision to declare a person deceased;

5. The request to recognize and enforce in Vietnam 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 required to be enforced in Vietnam;

6. Other civil requests as stipulated by law.

Article 27.- Marriage and family-related disputes falling under the courts' jurisdiction

1. Divorces, disputes over child rearing or property division upon divorces.

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. Other marriage-and family-related disputes stipulated by law.

Article 28.- Marriage-and family-related requests falling under the courts' jurisdiction

1. The requests to revoke illegal marriages;

2. The requests to recognize voluntary divorces, child custody or property division upon divorces;

3. The request to recognize an agreement on change of post-divorce child custodian;

4. The request to restrict rights of a father or mother towards a minor child or his/her right to see the child after divorce;

5. The request to terminate the adoption of children;

6. The request to recognize and enforce in Vietnam foreign courts' judgments or decisions on marriage and family; or not to recognize foreign courts' judgments or decisions on marriage and family which are not required to be enforced in Vietnam;

7. Other marriage-and family-related requests stipulated by law.

Article 29.- Business, trade disputes falling under the courts' jurisdiction

1. Disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits, including:

a) Purchase and sale of goods;

b) Provision of services;

c) Distribution;

d) Commercial representation and/or agency;

e) Consignment;

f) Renting, leasing, hire-purchase;

g) Construction;

h) Consulting, engineering;

i) Cargo or passenger transportation by rail, road, or inland waterway;

j) Cargo or passenger transportation by air or sea;

k) Purchase and sale of shares, bonds and other valuable papers;

l) Investment, financing, banking;

m) Insurance;

n) Exploration and exploitation.

2. Disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits.

3. Disputes between a company and its members or among members of a company regarding the establishment, operation, dissolution, merger, consolidation, division, separation, organizational transformation of the company.

4. Other business, trade disputes prescribed by law.

Article 30.- Business or trade requests falling under the courts' jurisdiction

1. The requests related to the resolution of disputes by Vietnamese commercial arbitrators under law provisions on commercial arbitration;

2. The requests to recognize and enforce in Vietnam foreign courts' judgments or decisions on business or commercial matters, or not to recognize foreign courts' judgments or decisions on business or commercial matters, which are not required to be enforced in Vietnam;

3. The requests to recognize and enforce in Vietnam foreign arbitrators' awards on business or commercial matters;

4. Other business or commercial requests prescribed by law.

Article 31.- Labor disputes falling under the courts' jurisdiction

1. Individual labor disputes between employees and employers, which cannot be conciliated by grassroots labor conciliation boards or labor conciliators of labor State management agencies of urban districts, rural districts, provincial capitals, provincial towns or which have not been settled within the time limit prescribed by law, except for the following disputes which must not necessarily be conciliated at the grassroots level:

a) Disputes over labor discipline in the form of dismissal or over cases of unilateral termination of labor contracts;

b) Disputes over damage compensation between employees and employers; over financial support upon termination of labor contracts;

c) Disputes between household servants and their employers;

d) Disputes over social insurance under the provisions of labor legislation;

e) Disputes over damage compensation between laborers and labor exporters.

2. The collective labor disputes between labor collectives and employers, which have been resolved by labor arbitration boards of provinces or centrally-run cities but the labor collectives or employers disagree with the decisions of the labor arbitration boards, including:

a) Disputes over rights and/or interests related to job, wages, income and other working conditions;

b) Disputes over the performance of collective labor accords;

c) Disputes over the rights to set up, join, or operation of, trade union.

3. Other labor disputes prescribed by law.

Article 32.- Labor requests falling under the courts' jurisdiction

1. The request to recognize and enforce in Vietnam foreign courts' labor judgments or decisions, or not to recognize foreign courts' labor judgments or decisions which are not required to be enforced in Vietnam;

2. The request to recognize and enforce in Vietnam labor awards of foreign arbitrators;

3. Other labor requests prescribed by law.

Section 2. JURISDICTION OF COURTS OF DIFFERENT LEVELS

Article 33.- Jurisdiction of the people's courts of rural districts, urban districts, provincial capitals, provincial towns

1. The people's courts of rural districts, urban districts, provincial capitals, provincial towns (hereinafter referred collectively to as district-level people's courts) shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Civil disputes over marriage and family, prescribed in Articles 25 and 27 of this Code;

b) Business, trade disputes prescribed at Points a, b, c, d, e, f, g, h and i of Clause 1, Article 29 of this Code;

c) Labor disputes prescribed in Clause 1, Article 31 of this Code.

2. The district-level people's courts shall have the jurisdiction to resolve the following requests:

a) Civil requests prescribed in Clauses 1, 2, 3 and 4 of Article 26 of this Code;

b) Marriage and family-related requests prescribed in Clauses 1, 2, 3, 4 and 5 of Article 28 of this Code.

3. Disputes and requests prescribed in Clauses 1 and 2 of this Article, which involve parties or properties in foreign countries or which must be judicially entrusted to Vietnamese consulates overseas or to foreign courts, shall not fall under the jurisdiction of the district level people's courts.

Article 34.- Jurisdiction of the people's courts of provinces or centrally-run cities

1. The people's courts of provinces or centrally-run cities (hereinafter referred collectively to as the provincial-level people's courts) shall have the jurisdiction to settle according to first-instance procedures the following cases and matters:

a) Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 25, 27, 29 and 31 of this Code, except for disputes falling under the jurisdiction of the district-level people's courts as provided for in Clause 1, Article 33 of this Code;

b) Civil, marriage-and family-related, business, trade or labor requests prescribed in Articles 26, 28, 30 and 32 of this Code, except for requests falling under the jurisdiction of the district-level people's courts as prescribed in Clause 2, Article 33 of this Code;

c) Disputes and requests prescribed in Clause 3, Article 33 of this Code.

2. The provincial-level people's courts shall have the jurisdiction to resolve according to first-instance procedures civil cases and matters falling under the jurisdiction of the district-level people's courts as provided for in Article 33 of this Code, which are taken up by provincial-level people's courts for settlement.

Article 35.- Territorial jurisdiction of courts

1. Territorial jurisdiction of courts to settle civil cases shall be determined as follows:

a) The courts of the localities where the defendants reside or work, if the defendants are individuals, or where the defendants are headquartered, if the defendants are agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 25, 27, 29 and 31 of this Code;

b) The involved parties shall have the right to agree with each other in writing to request the courts of the localities where the plaintiffs reside or work, if the plaintiffs are individuals, or where the plaintiffs are headquartered, if they are agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 25, 27, 29 and 31 of this Code;

c) The courts of the areas where exists immoveables shall have the jurisdiction to settle disputes over such immoveables.

2. Territorial jurisdiction of courts to settle civil matters shall be determined as follows:

a) The requested courts of the areas where persons are to be declared losing their civil act capacity or having restricted civil act capacity reside or work shall have the jurisdiction to resolve such requests;

b) The requested courts of the areas where persons absent from their residential place are to be announced for search or to be declared missing or dead reside for the last time, shall have the jurisdiction to settle requests for announcement of the search for persons absent from their residential places and management of such persons' properties or requests for declaring a person missing or dead;

c) The courts which have issued decisions to declare persons missing or dead shall have the jurisdiction to resolve requests to revoke their decisions;

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, if judgment debtors are individuals or where the judgment debtors are headquartered, if they are 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 requests to recognize and enforce foreign courts' civil, marriage and family, business, trade or labor judgments or decisions in Vietnam;

e) The courts of the areas where the request senders reside or work, if they are individuals, or where the request senders are headquartered, if they are agencies or organizations, shall have the jurisdiction to settle requests not to recognize foreign courts' civil, marriage and family, business, trade or labor judgments or decisions, which are not required to be enforced in Vietnam;

f) The courts of the areas where the persons who are obliged to execute awards of foreign arbitrators reside or work, if the judgment debtors are individuals or where the judgment debtors are headquartered, if they are agencies or organizations or where exists the property relating to the enforcement of foreign arbitrators' awards, shall have the jurisdiction to resolve requests to recognize and enforce in Vietnam awards of foreign arbitrators;

g) The courts of the areas where illegal marriages are registered shall have the jurisdiction to resolve requests to revoke such illegal marriages;

h) The court of the area where one of the parties to a voluntary divorce, child custody or property division resides or works shall have the jurisdiction to resolve the request to recognize the voluntary divorce, child custody, property division upon divorce;

i) The court of the area where one of the parties that requests the court to recognize their agreement on change of post-divorce child custodian resides or works shall have the jurisdiction to resolve that request;

j) The court of the area where one parent of a minor child resides or works shall have the jurisdiction to resolve a request to restrict rights of the father or mother towards the minor child or his/her right to see the child after the divorce;

k) The court of the area where an adoptive parent or adopted child resides or works shall have the jurisdiction to resolve a request to terminate the child adoption;

l) The courts' territorial jurisdiction to resolve requests relating to the settlement of disputes by the Vietnamese commercial arbitrators shall comply with law provisions on commercial arbitration.

Article 36.- Jurisdiction of courts selected by plaintiffs or requesters

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:

a) If the plaintiffs do not know where the defendants reside or work or where their head-offices are located, they may ask the courts of the areas where the defendants last reside or work or where the head-offices of the defendants are last located or where the defendants' properties are located to settle cases;

b) If disputes arise from the operations of a branch of an organization, the plaintiff may ask the court of the area where the organization's head-office is located or where its branch is located to settle them;

c) If defendants do not have residence places, work places or head-offices in Vietnam or the cases related to disputes over alimonies, the plaintiffs may ask the courts of the areas where they reside or work to settle the cases;

d) If disputes are over compensation for non-contractual damage, the plaintiffs may ask the courts of the areas where they reside, work or are headquartered or where the damage is caused to settle them;

e) If disputes are over compensation for damage or allowance upon termination of labor contracts, over social insurance, the rights and/or interests in relation to job, wages, income and other working conditions, for the laborers, the plaintiffs being laborers may ask the courts of the areas where they reside or work to settle them;

f) If disputes arise from the employment of labor by sub-contractors or mediators, the plaintiffs may ask the courts of the areas where their actual employers reside, work or are headquartered or where the sub-contractors or the mediators reside or work to settle them;

g) If disputes arise from contractual relations, the plaintiffs may ask the courts of the areas where the contracts are performed to settle them;

h) If the defendants reside, work or are headquartered in different places, the plaintiffs may ask the court of the area where one of the defendants resides or works or is headquartered to settle them;

i) If disputes are over immoveables which exist in different localities, the plaintiffs may request the court of the area where one of such immoveables exist to settle them.

2. The requesters may select courts to settle their marriage and family-related requests in the following cases:

a) For civil requests prescribed in Clauses 1, 2, 3 and 4 of Article 26 of this Code, the requesters may ask the courts of the areas where they reside, work or are headquartered to resolve them;

b) For requests to revoke illegal marriages as provided in Clause 1, Article 28 of this Code, the requesters may ask the courts of the areas where the illegal marriages are registered to resolve them;

c) For requests to restrict rights of fathers or mothers towards their minor children or their right to visit the children after the divorces, the requesters may ask the courts of the areas where the children reside to resolve them.

Article 37.- Transferring civil cases or matters to other courts; settlement of disputes over jurisdiction

1. If a court has accepted a civil case or matter which does not fall within its jurisdiction, it shall issue a decision to transfer the civil case or matter dossier to a competent court and cross out the case or matter in its acceptance book. Such decision must be immediately sent to all involved parties, concerned individuals, agencies and/or organizations.

The involved parties, concerned individuals, agencies and/or organizations shall have the right to complain about such decision within three working days as from the date of receipt of the decision. Within three working days from the date of receipt of a complaint, the chief judge of the court that issued the decision to transfer the civil case or matter must resolve the complaint.

2. Any dispute over the jurisdiction between district-level people's courts within a province shall be settled by the chief judge of the provincial people's court.

3. Any dispute over the jurisdiction between district-level people's courts of different provinces or centrally-run cities or between provincial people's courts shall be settled by the chief judge of the Supreme People's Court.

Article 38.- Merging or separating cases

1. A court may merge two or more cases which it has separately accepted into a single case for resolution if merger and resolution in the same case ensure the law compliance.

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 case merger or separation prescribed in Clauses 1 and 2 of this Article, the courts which have accepted the cases must issue decisions and send them immediately to the involved parties and the procuracies of the same level.

Chapter IV

CIVIL PROCEDURE-CONDUCTING AGENCIES, CIVIL PROCEDURE -CONDUCTING PERSONS AND REPLACEMENT OF CIVIL PROCEDURE -CONDUCTING PERSONS

Article 39.- Civil procedure-conducting agencies, civil procedure-conducting persons

1. The civil procedure-conducting agencies include:

a) The people's courts;

b) The people's procuracies.

2. The civil procedure-conducting persons include:

a) The chief judges, judges, people's jurors and court clerks;

b) Chairmen of procuracies, procurators.

Article 40.- Tasks and powers of the courts' chief judges

1. The court's chief judge shall have the following tasks and powers:

a) To organize the resolution of civil cases and matters falling under the court's jurisdiction;

b) To decide on the assignment of judges to resolve civil cases or matters, people's jurors to participate in trial panels to hear civil cases; and to decide on the assignment of court clerks to conduct procedures for civil cases and/or matters;

c) To decide on the replacement of judges, people's jurors, 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;

e) To issue decisions and conduct civil proceedings under the provisions of this Code;

f) To settle complaints and/or denunciations under the provisions of this Code;

g) To protest according to the cessation or reopening procedures against legally-effective court judgments or decisions according to the provisions of this Code.

2. When the chief judge is absent, a deputy-chief judge shall be authorized by the chief judge to perform the chief judge's tasks and powers prescribed in Clause 1 of this Article. The deputy-chief judge shall be answerable to the chief judge for the assigned tasks.

Article 41.- Tasks and powers of judges

1. To compile case files.

2. To decide to apply, change or cancel the provisional emergency measures.

3. To decide to stop or suspend the resolution of civil cases or matters.

4. To conduct conciliation for the involved parties to reach mutual agreement on the resolution of the cases under the provisions of this Code; to issue decisions recognizing the agreement of the involved parties.

5. To decide to bring civil cases to court for trial, or bring civil matters for resolution.

6. To decide to summon the participants in court sessions.

7. To participate in adjudicating civil cases and resolving civil matters.

8. To conduct other proceedings when resolving civil cases and/or matters according to the provisions of this Code.

Article 42.- Tasks and powers of people's jurors

1. To study case files prior to the opening of court sessions.

2. To request the chief judges, judges to issue necessary decisions according to their respective competence.

3. To participate in adjudicating civil cases.

4. To conduct proceedings and vote on issues falling within the trial panels' jurisdiction when adjudicating civil cases.

Article 43.- Tasks and powers of court clerks

1. To make necessary professional preparations prior to the opening of court sessions.

2. To announce the rules of court sessions.

3. To report to the trial panels on the list of those summoned to court sessions.

4. To write minutes of court sessions.

5. To conduct other proceedings according to the provisions of this Code.

Article 44.- Tasks and powers of procuracy chairmen

1. When performing the tasks of supervising the law observance in the civil proceedings, the procuracy chairmen 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 proceedings, to participate in court sessions for adjudication of civil cases, sessions for resolution of civil matters according to the provisions of this Code.

c) To inspect activities of supervising the law observance in proceedings performed by procurators;

d) To decide on replacement of procurators;

e) To protest according to appellate, cassation or reopening procedures against courts judgments or decisions according to the provisions of this Code;

f) To settle complaints, denunciations according to the provisions of this Code.

2. When the procuracy chairman is absent, a deputy-procuracy chairman shall be authorized by the chairman to perform his/her tasks and powers prescribed in Clause 1 of this Article. The deputy chairman is answerable to the chairman for the assigned tasks.

Article 45.- Tasks and powers of procurators

When assigned to supervise the law observance in civil proceedings, the procurators shall have the following tasks and powers:

1. To supervise the law observance in the settlement of civil cases, civil matters by courts;

2. To supervise the law observance by participants in the procedures;

3. To supervise court judgments, decisions;

4. To participate in court sessions for adjudication of civil cases, sessions for resolution of matters according to the provisions of this Code and state the procuracies' opinions on settlement of civil cases and/or matters;

5. To perform other tasks and powers falling within the procuracies' jurisdiction according to the procuracy chairmen's assignment.

Article 46.- Cases where civil procedure-conducting persons must refuse to conduct the procedures or be replaced

Civil procedure-conducting persons must refuse to conduct the procedures or be replaced in the following cases:

1. They are concurrently the involved parties, the representatives or relatives of the involved parties;

2. They have participated in the capacity as defense counsels of the legitimate rights and interests of involved parties, witnesses, expert-witnesses or interpreters in the same cases;

3. There are clear grounds to believe that they may not be impartial in performing their tasks.

Article 47.- 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 46 of this Code;

2. They are in the same trial panel and have a close relationship with one another;

3. They have participated in the first-instance, appellate, cassation or re-opening trials of such cases, except where they are members of the Judges' Council of the Supreme People's Court or the Judges' Committees of the provincial-level people's courts, they may participate in adjudicating a case many times according to the cassation or reopening procedures;

4. They have acted as procedure-conducting persons in such cases in the capacity as procurator or court clerk.

Article 48.- Replacing procurators

Procurators must refuse to conduct civil procedures or be replaced in the following cases:

1. In one of the cases prescribed in Article 46 of this Code;

2. They have acted as procedure-conducting persons in the same case in the capacity as judge, people's juror, procurator or court clerk.

Article 49.- Replacing court clerks

Court clerks must refuse to conduct civil procedures or be replaced in the following cases:

1. In one of the cases prescribed in Article 46 of this Code;

2. They have acted as procedure-conducting persons in the same case in the capacity as judge, people's juror, procurator or court clerk.

Article 50.- Procedures for refusing to conduct civil procedures or requesting to replace procedure-conducting persons.

1. The refusal to conduct the procedures or the request the replacement of procedure-conducting persons before the opening of court sessions must be made in writing, clearly stating the reason(s) and grounds therefor.

2. The refusal to conduct the procedures or the request the replacement of procedure-conducting persons at court sessions must be recorded in the minutes of the court sessions.

Article 51.- Deciding on the replacement of procedure-conducting persons.

1. Prior to the opening of court sessions, the replacement of judges, people's jurors and/or court clerks shall be decided by the courts' chief judges; if the to be-replaced judges are courts' chief judges, their replacement shall be decided by the chief judges of the immediate superior courts.

Prior to the opening of court sessions, the replacement of procurators shall be decided by the chairmen of the procuracies of the same level; if the to be-replaced procurators are procuracy chairmen, their replacement shall be decided by the chairmen of the immediate superior procuracies.

2. At court sessions, the replacement of judges, people's jurors, court clerks or procurators shall be decided by the trial panels after listening to the opinions of the persons requested to be replaced. The trial panels shall discuss the matter at the deliberation rooms and make decisions by majority.

In cases where judges, people's jurors, court clerks and/or prosecutors must be replaced, the trial panels shall issue decisions to postpone the court sessions. The appointment of other judges, people's jurors and/or court clerks as the replacement shall be decided by the courts' chief judges. If the to be-replaced persons are the courts' chief judges, their replacement shall be decided by the chief judges of the immediate superior courts. The appointment of procurators as the replacement shall be decided by the chairmen of the procuracies of the same level; if the to be-replaced procurators are chairmen of the procuracies of the same level, their replacement shall be decided by the chairmen of the immediate superior procuracies.

Chapter V

COMPOSITION OF PANELS FOR RESOLUTION OF CIVIL CASES AND MATTERS

Article 52.- Composition of the panel for first-instance trial of civil cases

The panel for first-instance trial of civil cases shall be composed of one judge and two people's jurors. In special cases, the first-instance trial panel may consist of two judges and three people's jurors.

Article 53.- Composition of a panel for appellate trial of civil cases

The panel for appellate trial of civil cases shall be composed of three judges.

Article 54.- Composition of the panel for cassation or reopening trial of civil cases

1. The cassation or reopening trial panels of the provincial-level people's courts shall be the Judges' Committees of the provincial-level people's courts.

When the Judges' Committees of the provincial-level people's courts conduct the cassation or reopening trials of legally effective judgments or decisions, at least two-thirds of the total number of their respective members must participate therein.

2. The cassation or reopening trial panel of a specialized tribunal of the Supreme People's Court is composed of three judges.

3. The cassation or reopening trial panel of the Supreme People's Court shall be the Judges' Council of the Supreme People's Court.

When the Judges' Council of the Supreme People's Court conducts the cassation or reopening trials of legally effective judgments or decisions, at least two-thirds of the total number of its members must participate therein.

Article 55.- Arrangements for resolution of civil matters

1. The civil, marriage and family, business, trade or labor requests prescribed in Clause 5 of Article 26, Clause 6 of Article 28, Clauses 2 and 3 of Article 30, and Article 32 of this Code or the appeals, protests against civil matter-settling decisions shall be settled by a board of three judges.

2. The civil, marriage and family, business, trade or labor requests 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 requests prescribed in Clause 1, Article 30 of this Code shall comply with law provisions on commercial arbitration.

Chapter VI

PARTICIPANTS IN CIVIL PROCEDURES

Section 1. INVOLVED PARTIES IN CIVIL CASES

Article 56.- Involved parties in civil cases

1. The involved parties in civil cases mean individuals, agencies and/or organizations, including the plaintiffs, the defendants and the persons with related interests and obligations.

2. The plaintiff in a civil case is the person that initiates lawsuit or the person for whom the other individual, agency or organization prescribed by this Code initiates the lawsuit to request the court to resolve the civil case when he/she/it holds that the legitimate rights and interests of that person have been infringed upon.

Agencies and organizations prescribed by this Code, which institute civil cases 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 case is the person against whom the plaintiff initiates a lawsuit or the other individual, agency or organization prescribed by this Code initiates a lawsuit to request the court to resolve the civil case when he/she/it 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 cases are those who neither initiate lawsuits nor are sued, but the resolution of the civil cases is related to their interests and/or obligations and, therefore they themselves request 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 case 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 57.- 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 individual, agency and organization shall have the same civil procedure law capacity in requesting the court to protect his/her/its legitimate rights and interests.

2. The civil procedure act capacity means the ability to exercise one's own rights and obligations by him/herself in civil procedures or authorize his/her representative to participate in civil procedures.

3. The involved parties being persons aged full 18 years or older shall have full civil procedure act capacity, except for persons losing their civil act capacity and persons having restricted civil act capacity or except otherwise provided for by law.

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 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 legitimate rights and interests at courts shall be performed by their lawful representatives.

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 protection of their legitimate rights and interests 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 58.- Rights and obligations of the involved parties.

1. The involved parties shall have equal rights and obligations when participating in civil procedures.

2. When participating in civil procedures, the involved parties shall have the following rights and obligations:

a) To supply evidences and proofs to defend their legitimate rights and interests;

b) To request individuals, agencies and/or organizations that are keeping, managing evidences to supply such evidences to them for submission to courts;

c) To request courts to verify, gather evidences of the cases, which they cannot do by themselves or request courts to summon witnesses, to ask for expertise, valuation; to complain with the procuracies about evidences already verified, collected by courts at requests of other involved parties;

d) To read and take notes, photocopy documents and/or evidences produced by other involved parties or collected by courts;

e) To request courts to decide on the application of provisional emergency measures;

f) To reach agreement with one another on the resolution of cases; to participate in conciliation conducted by courts;

g) To receive regular notices for the exercise of their rights and obligations;

h) To protect by themselves or ask other persons to protect their legitimate rights and interests;

i) To participate in court sessions;

j) To request the replacement of civil procedure conducting persons or participants in civil procedures under the provisions of this Code;

k) To propose to courts matters which need to be inquired from other persons; to confront each other or witnesses;

l) To argue at court sessions;

m) To be provided with extracts of court judgments and/or decisions;

n) To appeal or complain about court judgments and/or decisions according to the provisions of this Code;

o) To detect and notify to persons competent to protest the grounds for protest according to cassation or reopening procedures against courts' legally effective judgments and/or decisions;

p) To be present under courts' writ of summon and abide by courts' decisions during the time of resolving of the cases;

q) To respect courts, and strictly observe the court's rules;

r) To advance court fees and charges as stipulated by laws;

s) To strictly abide by the legally effective judgments and/or decisions of courts;

t) Other rights and obligations prescribed by law.

Article 59.- Rights and obligations of the plaintiffs

1. The plaintiffs shall have the following rights and obligations:

a) The involved parties' rights and obligations prescribed in Article 58 of this Code;

b) To withdraw part or whole of their lawsuit claims; or modify the contents of lawsuit claims;

c) To request courts to let persons with related rights and/or interests to participate in the procedures;

d) To request the court to suspend the case resolution.

2. A plaintiff who has been duly summoned twice by the court but is still absent shall be deemed to have given up his/her lawsuit.

Article 60.- Rights and obligations of the defendants

1. The defendants shall have the following rights and obligations:

a) The involved parties' rights and obligations prescribed in Article 58 of this Code;

b) To accept part or whole of the plaintiffs' claims or to reject the claims of the plaintiffs;

c) To make counter-claims against the plaintiffs if they are related to the plaintiffs' claims or set off the obligations claimed by the plaintiffs;

d) To be notified by courts of the lawsuits against them.

2. If a defendant has been duly summoned twice but is still absent, the court shall conduct the trial in his/her absence.

Article 61.- Rights and obligations of the persons with related rights and/or obligations

1. Persons with related rights and/or obligations shall have the following rights and obligations:

a/ The rights and obligations prescribed in Article 58 of this Code;

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, they shall have the plaintiffs' rights and obligations prescribed in Article 59 of this Code.

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 59 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 60 of this Code.

Article 62.- 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 State agencies, people's armed force units, political organizations, socio-political organizations, professional and socio-political organizations, social organizations, socio-professional organizations or State enterprises, the lawful representatives of the superior agencies of such agencies or organizations or the lawful representatives of the agencies, organizations which are assigned to take over the former's rights and obligations shall participate in the procedures;

c/ Where the organizations are consolidated, merged, divided, separated or organizationally transformed, the individuals or organizations that take over the former's rights and obligations shall participate in the procedures.

3. Where the involved parties are organizations other than legal persons, whose representatives or managers die while participating in the procedures, such organizations shall have to appoint other persons as their representatives to participate in the procedures; if such organizations 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 63.- Defense counsels of involved parties' legitimate rights and interests

1. The defense counsels of involved parties' legitimate rights and interests are persons asked by the involved parties and accepted by courts to participate in the procedures to protect the involved parties' legitimate rights and interests.

2. The following persons can be accepted by courts to act as defense counsels of the involved parties' legitimate rights and interests:

a) Lawyers who participate in the procedures under the provisions of the legislation on lawyers;

b) Vietnamese citizens who have full civil act capacity, have not been convicted or have been convicted but have their criminal records remitted, who do not fall into the cases of being subject to the application of administrative handling measure of sending to medical treatment establishments, reformatories or to administrative probation; who are not officers or employees in the court, procuracy or police sectors.

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 councels of the involved parties' legitimate rights and interests may jointly defend the legitimate rights and interests of one involved party in a case.

Article 64.- Rights and obligations of defense counsels of the involved parties' legitimate rights and interests

1. To participate in the procedures right at the time of lawsuit initiation or at any stage in the civil procedures. Defense counsels of the involved parties’ legitimate rights and interests may participate in cassation or reopening trial court sessions if the courts deem it necessary.

2. To verify, collect and supply evidences to courts, to study case files and to take notes, to copy necessary documents in the case files in order to defend the legitimate rights and interests of the involved parties.

3. To participate in conciliation, to participate in court sessions or make their written defense of the legitimate rights and interests of the involved parties.

4. To request on behalf of the involved parties the replacement of procedure-conducting persons and/or other procedure participants according to the provisions of this Code.

5. To assist the involved parties in legal matters related to the defense of their legitimate rights and interests.

6. The right and obligations prescribed at Points l, p and q, Clause 2, Article 58 of this Code.

Article 65.- Witnesses

Persons who know details related to the contents of cases may be summoned by courts to participate in the procedures in the capacity as witnesses. Persons who lose their civil act capacity cannot act as witnesses.

Article 66.- Rights and obligations of witnesses

1. To supply all information, documents and/or objects they have obtained, which are related to the resolution of cases.

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 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 entitled to travel expenses and other regimes as stipulated by law.

6. To request the courts which have summoned them and competent State 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 procedure-conducting persons.

7. To compensate and bear responsibility before law for damage caused to the involved parties or other persons by their untruthful testimonies.

8. To be present at court sessions under the court's summon if the witness's testimony must be given publicly at court sessions; where witnesses fail to show up at court sessions without plausible reasons and their absence obstruct the trial, the trial panels may issue decisions to escort them to court sessions.

9. To make commitments before courts to perform their rights and obligations, except for cases where the witnesses are minors. Those witnesses who give false testimonies, supply untruthful documents, refuse to give testimonies or are absent without plausible reasons when summoned by courts shall bear responsibility as prescribed by law.

Article 67.- Expert-witnesses

Expert-witnesses are persons who have law-prescribed necessary knowledge and/or experiences in the fields where exist objects needed to be expertised, who are selected under the agreement reached between the involved parties or called by courts to expertise the objects in question at the request of one or more involved parties.

Article 68.- 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 request 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 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 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;

e) To preserve the received documents and return them to courts together with their expertising conclusions or with the notices on impossibility to conduct expertise;

f) Not to arbitrarily collect documents 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 call the expertise;

g) To enjoy travel expenses and other regimes as stipulated by law;

h) To make commitments before courts to perform their rights and obligations.

2. Those expert-witnesses who refuse to make expertising conclusions without plausible reasons or who make untruthful expertising conclusions or are absent without plausible reasons when summoned by courts must bear responsibility therefor as prescribed by law;

3. 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 46 of this Code;

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 conducted the procedures in the capacity as judge, people's juror, procurator or court clerk in the same case.

Article 69.- Interpreters

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 under the agreement between the involved parties and are accepted or requested by courts.

Article 70.- Rights and obligations of interpreters

1. Interpreters shall have the following rights and obligations:

a) To be present under courts' summons;

b) To interprete truthfully, objectively and accurately;

c) To request procedure-conducting persons 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;

e) To enjoy travel expenses and other regimes as stipulated by law;

f) To make commitments before courts to perform their rights and obligations.

2. Those interpreters who deliberately provide untruthful translations or are absent without plausible reasons when summoned by courts must bear responsibility therefor as prescribed by law.

3. 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 46 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;

c) They have conducted the procedures in the capacity as judge, people's juror, procurator or court clerk.

4. The provisions of this Article shall also apply to sign-language interpreters for dumb or deaf persons.

Where only representatives or relatives of the dumb or deaf persons understand their sign language, such representatives or relatives may be accepted by courts to act as interpreters for such dumb or deaf persons.

Article 71.- 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 at court sessions must be recorded in the minutes of the court sessions.

Article 72.- 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 judges.

2. At court sessions, the replacement of expert-witnesses and/or interpreters 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.

Where expert-witnesses or interpreters must be replaced, the trial panels shall issue decisions to postpone the court sessions. The request for other expert-witnesses or interpreters shall comply with the provisions of Articles 67 and 69 of this Code.

Article 73.- Representatives

1. The representatives in civil procedures comprise the representatives at law and the proxy representatives.

2. The representatives at law as defined in the Civil Code shall be the representatives at law in the civil procedures, except where the representative right is restricted under law provisions.

Individuals, agencies, organizations that initiate lawsuit to protect the legitimate rights and interests of others shall also be the protected persons' representatives at law in the civil procedures.

3. The proxy representatives as defined in the Civil Code shall be the proxy representatives in civil proceedings; for divorce cases, the involved parties must not authorize others to represent them in civil procedures.

Article 74.- Rights and obligations of representatives

1. The representatives at law in civil procedures shall exercise the procedural rights and obligations of the involved parties they represent.

2. The proxy representatives in civil procedures shall exercise the procedural rights and obligations in accordance with the contents of the authorization documents.

Article 75.- Cases of disallowance to act as representatives

1. Persons must not act as representatives at law in the following cases:

a) If they are also the involved parties in the same case with the represented persons and their legitimate rights and interests are contrary to those of the represented persons;

b) If 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 76.- Appointing representatives in civil procedures

While civil procedures are conducted, if any involved party is the person who has restricted civil act capacity but has no representative or his/her representative at law falls into one of the cases specified in Clause 1, Article 75 of this Code, the court must appoint the representative to participate in the proceedings at courts.

Article 77.- Termination of the representation in civil procedures

The representatives at law, the proxy representa-tives in civil procedures shall terminate their represen-tation according to the provisions of the Civil Code.

Article 78.- Consequences of the termination of representation in civil procedures

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 79.- Obligations to prove

1. The involved parties requesting courts to protect their legitimate rights and interests must introduce evidences to prove that such requests are well-grounded and lawful.

2. The involved parties that protest against other persons' claims against them must prove that such protests are well-grounded and must provide evidence to prove.

3. Individuals, agencies or organizations that initiate lawsuit to protect public interests, the State’s interests, or request courts to protect others' legitimate rights and interests must introduce evidences to prove that their lawsuits or requests are well-grounded and lawful.

4. The involved parties that are obliged to introduce evidences to prove but fail to introduce evidences or fail to introduce adequate evidences shall have to bear the consequences of such failure to prove or inadequate evidences.

Article 80.- 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 documents and have been duly notarized or authenticated.

2. If either involved party acknowledges or does not protest against the details or facts given by the other involved party, the latter must not prove them.

3. If an involved party has a representative to participate in the procedures, that representative's acknowledgement is regarded as the acknowledgement of such involved party.

Article 81.- Evidences

Evidences in civil cases or matters are factual things which are handed to courts by involved parties, individuals, agencies or organizations or gathered by courts according to the order and procedures prescribed by this Code and are used by Courts as bases to determine whether the involved parties' claims or protests are well grounded and lawful or not as well as to determine other details necessary for the proper resolution of civil cases or matters.

Article 82.- Sources of evidence

Evidences are gathered from the following sources:

1. Readable, audible or visible materials;

2. Exhibits;

3. Involved parties' testimonies;

4. Witnesses' testimonies;

5. Expertising conclusions;

6. On-site appraisal minutes;

7. Practices;

8. Property evaluation results;

9. Other sources prescribed by law.

Article 83.- 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 certifying the origins of those materials or documents related to such audio and/or video recording.

3. Exhibits to be regarded as evidences must be the original and related to the cases or matters.

4. 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 as provided for in Clause 2 of this Article, or are given orally at court sessions.

5. Expertising conclusions shall be regarded as evidences if the expertise is conducted in accordance with the procedures prescribed by law.

6. On-site appraisal minutes shall be regarded as evidences if the appraisal is conducted in accordance with the procedures prescribed by law and they are signed by the members who participate in the appraisal.

7. Practices shall be regarded as evidences if they are recognized by the local community where such practices exist.

8. Property valuation results shall be regarded as evidences if the valuation is carried out in accordance with the procedures prescribed by law or the documents provided by pricing experts comply with the provisions in Clause 1 of this Article.

Article 84.- Hand-over of evidences

1. During the process of resolving civil cases or matters by courts, the involved parties shall have the rights and obligations to hand over evidences to the courts; if they fail to hand over the evidences or do not hand over all evidences, they must bear the consequences thereof, except otherwise provided for by law.

2. The hand-over of evidences to courts by involved parties must be recorded in the minutes of evidence hand-over and receipt. The minutes must clearly state the appellations, forms, contents, characteristics of the evidences; the number of copies, the number of pages and time of reception; the signatures or finger prints of the deliverers, the signatures of the recipients and seals of the courts. The minutes must be made in two copies, one shall be incorporated in the case files and the other shall be handed to the involved parties handing over the evidences.

3. The evidences submitted in ethnic minority languages or foreign languages to courts by the involved parties must be enclosed with their Vietnamese translations lawfully notarized or authenticated.

Article 85.- Collecting evidences

1. If it is deemed that the evidences included in the files of civil cases or matters have not constituted sufficient grounds for the resolution thereof, the judges shall request the involved parties to deliver additional evidences.

2. Where the involved parties can not collect the evidences by themselves and make requests therefor, the judges may apply one or several of the following measures to collect the evidences:

a) Taking testimonies of the involved parties, witnesses;

b) Calling expertises;

c) Deciding to valuate the properties;

d) Making on-site inspection, appraisal;

e) Authorizing the collection of evidences;

f) Requesting individuals, agencies or organizations to supply readable, audible and/or visible materials, or other exhibits related to the resolution of civil cases or matters.

3. When applying the measures specified at Points b, c, d, e, and f, Clause 2 of this Article, the judges must issue decisions clearly stating the reasons for the application and the request of the courts.

The involved parties are entitled to complain about courts' decisions to apply evidence-gathering measures of courts. Their complaints must be addressed immediately to the procuracies. The procuracies are entitled to request the courts to verify, gather evidences on the basis of the involved parties' complaints, and consider the participation in court sessions.

In case of necessity, the procuracies may request the involved parties, individuals, agencies and/or organizations to supply dossiers, documents and/or exhibits in order to ensure the exercise of right to appeal, cassation or reopening procedures.

Article 86.- Taking testimonies of involved parties

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 request 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 minutes 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 or district, township 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 57 of this Code must be carried out in the presence of the lawful representatives of such involved parties.

Article 87.- Taking testimonies of witnesses

1. At the involved parties' requests or when it is deemed necessary, judges may take testimonies of witnesses at court offices or outside court offices.

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 86 of this Code.

3. The taking of testimonies of witnesses aged not full 18 years, or of persons with restricted civil act capacity must be carried out in the presence of their representatives at law or guardians.

Article 88.- Confrontation

1. At the involved parties' requests or when contradictions are deemed to have existed in the testimonies of the involved parties or witnesses, judges may conduct confrontations among the involved parties, between the involved parties and the witnesses or among the witnesses.

2. Confrontations must be recorded in minutes which must be signed by the participants in such confrontations.

Article 89.- On-site inspection, appraisal

1. On-site inspections, appraisals must be carried out by judges in the presence of representatives of the commune-level People's Committees, or agencies, organizations where exist objects which need to be inspected, appraised, and the on-site inspections, appraisals must be notified in advance so that the relevant involved parties know and witness such inspections, appraisals.

2. On-site inspections, appraisals must be recorded in minutes. The on-site inspection, (or) appraisal 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, the representatives of the commune-level People's Committees 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 on-site inspections, appraisals minutes, the persons that conduct the inspections, appraisals must request the representatives of the commune-level People's Committees, agencies or organizations where exist the objects which need to be inspected, appraised to sign and seal for certification.

Article 90.- Requesting expertises

1. Upon the option agreement of the involved parties, or at the request of one or more of the involved parties, judges may issue decisions calling for expertises. The decisions requesting expertises must clearly state the names and addresses of the expert-witnesses, the objects of expertise, matters that need to be expertised and specific requirements requiring the expert-witnesses' conclusions.

2. The expert-witnesses that receive decisions requesting the expertises must carry out the expertises according to law provisions.

3. Where they deem that the expertising conclusions are inadequate, unclear or violate law, at the request of one or more involved parties, the judges may issue decisions calling additional expertises or re-expertises. The re-expertises may be conducted by the persons that have conducted the preceding expertises or by other professional agencies as provided for by law.

Article 91.- 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 to solicit expertises as provided for in Article 90 of this Code.

2. Where the evidence forgery shows criminal signs, the courts shall transfer them to the competent criminal investigation bodies.

3. The suppliers of forged evidences must compensate for damage if the forgery of evidences causes damage to others.

Article 92.- Property valuation

1. The courts shall issue decisions to valuate disputed properties in the following cases:

a) It is so requested by one or all of the involved parties;

b) The parties agree on low prices for the purposes of evading taxes or reducing payable court fees.

2. The Pricing Council set up under a court decision is composed of its chairman and members being representatives of the finance bodies and other relevant professional agencies. The Pricing Council shall carry out the valuation only when all-their members are present. When necessary, representatives of the commune-level People's Committees of the localities where the properties subject to valuation is located shall be invited to witness the valuation. The involved parties shall be notified in advance of the time and venue of the evaluation and have the right to attend and contribute comments on the evaluation. The right to decide on the prices of the valuated properties shall rest on the Pricing Councils.

3. The finance agencies and other relevant professional agencies shall be responsible for sending their officials to join the Pricing Councils and create conditions for them to perform their tasks. Persons appointed to be members of the Pricing Council must take part fully in the valuation.

4. The valuation must be recorded in minutes, stating clearly the opinions of each member, of the involved parties if they attend. A decision of the Pricing Council must be voted for by more than half of its members. The Pricing Council members, the involved parties, the witnesses must sign the minutes.

Article 93.- Entrusting the collection of evidences

1. In the course of resolving civil cases or matters, a court may issue a decision to entrust another court or competent agencies defined in Clause 4 of this Article to take the testimonies of involved parties, and/or witnesses, to conduct on-site appraisals or property valuations or other measures to gather evidences and to verify details of the civil cases or matters.

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 thirty days after receiving the entrustment decision and 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. Where the gathering of evidences must be conducted outside the Vietnamese territory, the courts shall carry out the entrustment procedures through competent Vietnamese agencies or civil procedure-conducting agencies of the foreign country(ies) that has (have) signed judicial assistance agreement(s) with Vietnam or together with Vietnam has (have) acceded to an international treaty on this matter.

Article 94.- Requesting individuals, agencies and/or organizations to supply evidences

1. Where the involved parties that have applied necessary measures to gather evidences still fail to gather by themselves, they may request the courts to collect evidences in order to ensure the proper resolution of civil cases and/or matters.

The involved parties that request the courts to gather evidences shall make their written applications clearly stating the point(s) to be proved, the evidence to be gathered, the reasons why they can not 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.

2. The court may request directly or in writing individuals, agencies or organizations that are managing a keeping the evidences to supply them. The individuals, agencies or organizations that are managing or keeping such evidences shall have the responsibility to supply the evidences fully and in time as requested by the courts within fifteen days as from the date of receiving the requests.

Article 95.- Preserving evidences

1. If evidences have been handed over at courts, the preservation of such evidences shall rest with the courts;

2. If evidences cannot be handed over at courts, the preservation of such evidences shall rest with the evidence keepers;

3. Where it is necessary to hand over 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 evidences.

Article 96.- Assessing evidences

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 legality of every evidence.

Article 97.- Disclosing and using evidences

1. Every evidence shall be publicly and equally disclosed and used, except for cases specified in Clause 2 of this Article.

2. Courts shall not publicize evidences related to State secrets, fine customs and practices of the nation, professional secrets, business secrets or secrets of individuals' private lives at the legitimate requests of the involved parties.

3. Procedure-conducting persons and procedure participants must keep secret, as provided for by law, evidences classified for non-disclosure as prescribed in Clause 2 of this Article.

Article 98.- Protecting evidences

1. Where evidences are being destroyed or are in danger of being destroyed or is hard to be gathered in the future, the involved parties may file their applications requesting the courts to decide on the application of necessary measures to preserve evidence. 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 threatened, controlled 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 threatening, controlling or buying off the witnesses to terminate their acts. Where the threatening controlling or buying-off acts show criminal signs, the courts shall request procuracies to examine the penal liability.

Chapter VIII

PROVISIONAL EMERGENCY MEASURES

Article 99.- Right to request the application of provisional emergency measures

1. During the resolution of civil cases, the involved parties or their lawful representatives or agencies, organizations instituting the cases to protect the legitimate rights and interests of other persons defined in Clauses 1 and 2, Article 162 of this Code are entitled to request the courts handling such cases to apply one or more provisional emergency measures provided for in Article 102 of this Code to provisionally deal with the urgent requests of the involved parties, to protect evidences preserving their current conditions in order to avoid irrecoverable damage or to ensure the judgment execution.

2. In urgent cases where it is necessary to immediately protect evidences or to prevent possible serious consequences, relevant individuals, agencies or organizations may file their applications to request the competent courts to issue decisions to apply provisional emergency measures prescribed in Article 102 of this Code simultaneously with the filing 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 119 of this Code.

Article 100.- Competence to decide on the application, change or cancellation of provisional emergency measures

1. The application, change, cancellation of provisional emergency measures before the opening of a court session shall be considered and decided by a judge.

2. The application, change, cancellation of provisional emergency measures at court sessions shall be considered and decided by the trial panels.

Article 101.- Responsibilities for improper application of provisional emergency measures

1. The persons who request the courts to apply provisional emergency measures must be responsible before law for their requests. Where the requests for application of provisional emergency measures are made improperly, thus causing damage to the persons against whom the provisional emergency measures are applied or to the third persons, compensation must be made.

2. If the courts apply the provisional emergency measures improperly, thus causing damage to those subject to such measures or 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 requested by individuals, agencies or organizations;

c) The courts have applied the provisional emergency measures beyond the requests of individuals, agencies or organizations.

Article 102.- Provisional emergency measures

1. Assigning minors to individuals or organizations to look after, nurture, take care of and educate them;

2. Forcing the prior performance of part of the alimony obligation;

3. Forcing the prior performance of part of the obligation to compensate for damage to individuals whose lives and/or health have been infringed upon;

4. Forcing the employers to advance wages, remunerations or compensations, allowances for labor accidents or occupational diseases incurred by employees;

5. Suspending the execution of decisions on dismissing 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.

13. Other provisional emergency measures provided for by law.

Article 103.- Assigning minors to individuals or organizations to look after, nurture, take care of, educate them

The assignment of minors to individuals or organizations to look after, nurture, take care of, educate them shall apply if the resolution of cases involves minors who have no guardians.

Article 104.- Forced prior performance of part of the alimony obligation

The forced prior performance of part of the alimony obligation shall apply if the resolution of cases is related to alimony requests 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.

Article 105.- Forced prior-performance of part of the obligation to pay compensation for damage to health or life

Forced prior performance of part of the obligation to pay compensation for damage to health or life shall apply if the case resolution is related to requests for compensation for damage to health or life and the requests are deemed well-grounded and necessary.

Article 106.- Forcing employers to advance salary, remunerations, compensations or allowances for labor accidents or occupational diseases incurred by employees

Forcing employers to advance salary, remunerations, compensations or allowances for labor accidents or occupational diseases incurred by employees shall apply if the case resolution is related to requests for payment of salary, remunerations, compensations or allowances for labor accidents or occupational diseases and the requests are deemed well-grounded and necessary.

Article 107.- Suspending the execution of decisions on dismissing employees

The suspension of execution of decisions on dismissing employees shall apply if the case resolution is related to the dismissal of employees and the decisions on dismissing employees are deemed illegal or seriously affecting the life of the employees.

Article 108.- Distraining disputed properties

1. The distraint of disputed properties shall apply 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 109.- Prohibiting the transfer of property right over disputed properties.

The prohibition of transfer of property right over disputed properties shall apply if in the course of settling cases there are grounds showing that the persons possessing or keeping the disputed properties are committing acts of transferring the property right over the disputed properties to other persons.

Article 110.- 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 111.- 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 apply 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 112.- Freezing accounts at banks, other credit institutions, State Treasury

Freezing accounts at banks, other credit institutions, State Treasury shall apply 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 113.- Freezing assets at depositories

Freezing assets at depositories shall apply if in the course of settling cases there are grounds showing that the obligors have their assets deposited and the application of this measure is necessary to ensure the settlement of the cases or to ensure the judgment enforcement.

Article 114.- Freezing the obligors' properties

Freezing the obligors' properties shall apply if in the course of settling cases there are grounds showing that the obligors have such properties and the application of this measure is necessary to ensure the settlement of the cases or to ensure the judgment enforcement.

Article 115.- Prohibiting or forcing the performance of certain acts

Prohibiting or forcing the performance of certain acts shall apply if in the course of settling cases there are grounds showing that the non-performance or performance of certain acts by involved parties or individuals, agencies and/or organizations has affected the case resolution or the legitimate rights and interests of others that are involved in the cases being resolved by courts.

Article 116.- Application of other provisional emergency measures

Where it is provided for by law, the courts may apply other provisional emergency measures than those prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 102 of this Code.

Article 117.- Procedures for application of provisional emergency measures

1. The persons who request courts to apply provisional emergency measures must file their applications to competent courts. Such an application must contain the following principal details:

a) Date of the application;

b) Name and address of the requester for the application of provisional emergency measures;

c) Name and address of the person to be 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;

e) Reasons for the application of the provisional emergency measures;

f) Provisional emergency measures to be applied and specific requirements.

Depending on the requests for application of provisional emergency measures, the requesters must provide the courts with evidences to prove the necessity to apply such provisional emergency measures.

2. For cases of requesting the application of the provisional emergency measures prescribed in Clause 1, Article 99 of this Code, the judges assigned to settle the cases must consider and settle them. Within three days after the receipt of the applications, if the requesters do not have to apply security measures or immediately after such persons apply the security measures prescribed in Article 120 of this Code, the judges must issue decisions to apply the provisional emergency measures; if rejecting the requests, the judges shall notify such in writing to the requesters, clearly stating the reasons therefore.

Where the trial panels receive the written requests for application of provisional emergency measures at court sessions, the trial panels shall consider and issue decisions to apply the provisional emergency measures immediately or after the requesters have completely applied the security measures prescribed in Article 120 of this Code.

3. For case of requesting the application of provisional emergency measures prescribed in Clause 2, Article 99 of this Code, after receiving a written request together with the lawsuit petition and accompanying evidences, the court's chief judge shall appoint one judge to receive and settle the request. Within 48 hours after receiving the written request, the judge must consider and issue a decision to apply provisional emergency measures; if rejecting the request, the judge must notify such in writing to the requester, clearly stating the reasons therefor.

4. Where the provisional emergency measures provided for in Clauses 10 and 11 of Article 102 of this Code are applied, it is only permitted to freeze the bank accounts or properties with value equivalent to the property obligations to be performed by the persons subject to the application of provisional emergency measures.

Article 118.- Proposing the application of provisional emergency measures by agencies or organizations which initiate lawsuits to protect others' rights and interests

Agencies, organizations initiating lawsuits to protect others' rights and interests as prescribed in Clauses 1 and 2, Article 162 of this Code shall propose in writing the courts to apply provisional emergency measures, clearly stating the reasons therefor; the to be-applied provisional emergency measures; names and addresses of persons with legitimate rights and interests to be protected; names and addresses of persons requested to be subject to provisional emergency measures; summarized contents of disputes or acts of infringing upon the legitimate rights and interests of involved parties; evidences to prove that their proposals are well-grounded and lawful.

Article 119.- The courts themselves issue decisions to apply provisional emergency measures

The courts shall themselves issue decisions to apply the provisional emergency measures prescribed in Clauses 1, 2, 3, 4 and 5, Article 102 of this Code in cases where the involved parties do not request the application thereof.

Article 120.- Forcible application of security measures

1. The persons who request the courts to apply one of the provisional emergency measures prescribed in Clauses 6, 7, 8, 10 and 11, Article 102 of this Code must 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 request the application of the provisional emergency measures by requesters.

For cases prescribed in Clause 2, Article 99 of this Code, the time-limit for application of security measures provided for in this Article must not exceed 48 hours after the filing of application.

2. Deposit sum, precious metals, precious stones or valuable papers must be deposited into the frozen accounts at the banks of the localities where the courts deciding to apply the provisional emergency measures are headquartered within the time limits set by the courts.

Where the security measures are taken on public holidays or weekends, the deposited money sums shall be kept at courts. The courts must carry out the procedures for handover and reception thereof and immediately deposit such money sums at banks on the following working day.

Article 121.- 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 117 in this Code.

Article 122.- 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 requested by the persons who have requested 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 requesters.

c) Civil obligations of the obligor terminate as provided for in the Civil Code.

2. In case of canceling the application of provisional emergency measures, the courts must consider and permit the persons who have requested the application of provisional emergency measures to receive back the security money sums, precious metals, precious stones or valuable papers prescribed in Article 120 of this Code, except for the cases specified in Clause 1, Article 101 of this Code.

Article 123.- 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 requesters, the persons subject to the application thereof, and relevant individuals, agencies and organizations, and competent civil judgment-executing bodies and procuracies of the same level immediately after the issuance of such decisions.

Article 124.- Complaint, petitions about decisions on application, change or cancellation or non-application, non-change, non-cancellation of provisional emergency measures

The involved parties shall have the right to complain, and the procuracies shall have the right to petition to the chief judges of competent 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 petition is three working days after the receipt of the decision 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.

Article 125.- Setting complaints and petitions about decisions on application, change, cancellation, or non-application, non-change, non-cancellation of the provisional emergency measures

1. The chief judges of courts must consider and settle complaints and petitions prescribed in Article 124 of this Code within three working days after the receipt of the complaints or petitions.

2. The chief judges' decisions on settlement of complaints, petitions shall be the final ones and must be issued or sent immediately according to the provisions of Clause 2, Article 123 of this Code.

3. At court sessions, the settlement of complaints or petitions falls within the jurisdiction of the trial panels. The trial panels' decisions on settlement of complaints or petitions shall be the final ones.

Article 126.- 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 provisions on civil judgment execution.

2. For the decisions on application of provisional emergency measures involving properties with ownership registration, the involved parties are obliged to submit copies of the decisions to the agencies managing the ownership registration.

Chapter IX

COURT FEES, CHARGES AND OTHER PROCEDURAL EXPENSES

Section 1. COURT FEES AND CHARGES

Article 127.- 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. Charges shall include charges for providing copies of judgments, decisions or other documents of courts, charges for filing applications requesting courts to settle civil matters, charges for settlement of civil matters and other charges stipulated by law.

Article 128.- 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.

3. If the persons who have advanced court fees or charges must bear such fees and/or charges, immediately after the court judgments or decisions take implement effect, the collected advance amounts must be remitted into the State budget.

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 or matters is suspended, the already advanced court fees and/or advanced charges shall be disposed when the resolution of the civil cases or matters resumes.

Article 129.- 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 expenditure of court fee advances, charge advances must comply with law provisions.

Article 130.- 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 cases 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 filed applications requesting courts to settle civil matters must advance charges for the resolution of such civil matters, except for cases where they do not have to pay the charge advances.

Article 131.- Obligation to pay first-instance court fees

1. The involved parties must bear the first-instance court fees if their requests are not accepted by courts, except for cases where they are exempted from, or do not have to pay such fees.

2. In cases where the involved parties cannot themselves determine their portions in the common properties, and request the courts to settle the division of the common properties, each party must pay the first-instance court fee corresponding to the value of the property portion she/he/it enjoys.

3. If prior to the opening of court sessions, the courts conduct with conciliations and 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 requests 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 Clauses 1, 2, 3, 4 and 5 of this Article.

Article 132.- Obligation to pay appellate court fees

1. The appellant must pay the appellate court fees, if the appealed first-instance judgments or decision are maintained 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 pay first-instance court fees as provided for in Article 131 of this Code.

3. Where the courts of appeal abrogate the appealed first-instance judgments or decisions for first-instance re-trial, the appellants shall not be obliged to pay the appellate court fees. The obligation to pay court fees shall be re-determined when the cases are retried.

Article 133.- Obligation to pay charges

The obligation to pay charges shall be determined depending on specific types of civil matters and shall be prescribed by law.

Article 134.- Specific provisions on court fees and charges

Court fees, court fee level applicable to each specific type of case, types of charges and the specific charge levels, the cases of exemption or non-payment of court fee or charge advances, the cases of exemption or non-payment of court fees or charges, and other specific matters concerning court fees and charges, which are not prescribed in this Code, shall be stipulated by the National Assembly Standing Committee.

Section 2. OTHER PROCEDURAL EXPENSES

Article 135.- Expertising expense advances, expertising expenses

1. Expertising expense advance is a sum of money estimated by the organization or individual requested by the court to conduct an expertise under a court decision.

2. Expertising expense means a reasonable and necessary sum of money to be spent for the expertise and calculated by the organization or individual conducting such expertise, on the basis of law provisions.

Article 136.- Obligation to pay expertising expense advances

1. The persons who request expertises must pay expertising expense advances, except otherwise agreed upon by the parties or provided for by law.

2. In cases where the involved parties agree to choose the expertising agency, or jointly request expertise of the same object, each party must pay half of the expertising expense advance, except otherwise agreed upon by the parties or provided for by law.

Article 137.- 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.

2. In cases where the persons who have paid the expertising expense advances are obliged to pay the expertising expenses, but the paid advance money is not enough to cover the actual expertising expenses, such persons must pay the deficit amount. If the advanced amounts exceed the actual expertising expenses, the surplus shall be refunded to the persons who have advanced the money.

Article 138.- Obligation to pay expertising expenses

In cases where the parties do not otherwise agree or the law does not otherwise prescribe, the obligation to pay expertising expenses shall be determined as follows:

1. The persons who request expertises must pay the expertising expenses if the expertising results prove that their requests are groundless.

2. The persons who do not accept the expertising requests must pay the expertising expenses if the expertising results prove that the expertising requests are well grounded.

Article 139.- Valuation expense advances, valuation expenses

1. The 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 140.- Obligation to advance valuation expenses

1. The persons who request the valuations must advance valuation expenses, except otherwise agreed upon by the parties or provided for by law.

2. In cases where the involved parties could not agree on the prices and request the courts to conduct the valuation, or for cases prescribed at Point b, Clause 1, Article 92 of this Code, each party must pay half of the valuation expenses.

Article 141.- Handling of the paid valuation expense advance

1. In cases where the persons who have advanced the valuation expenses do not have to pay the valuation expenses, the persons who are obliged to pay the valuation expenses under court decisions must refund the money to the persons who have advanced the valuation expenses.

2. In cases where the persons who have advanced the valuation expenses are obliged to pay them, but 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 142.- Obligation to pay valuation expenses

In cases where the involved parties do not otherwise agree or the law does not otherwise prescribe, the obligation to pay valuation expenses shall be determined as follows:

1. The persons who have requested the valuation must pay the valuation expenses if the valuation results prove that their requests are groundless.

2. The persons who do not accept the valuation requests must pay valuation expenses if the valuation results prove that the valuation requests are well-grounded.

3. In cases where the parties could not agree on the prices and request the courts to conduct the valuation, each party must pay half of the valuation expenses.

4. In cases where the courts issue decisions on valuation as provided for at Point b, Clause 1, Article 92 of this Code:

a) Each involved party must pay half of the valuation expenses if the valuation results prove that the courts' valuation decisions are well grounded.

b) The courts shall pay the valuation expenses if the valuation results prove that the courts' valuation decisions are groundless.

5. In cases where the valuation is conducted for the purpose of dividing a common property, each person who has received a share from such property must bear the valuation expense amount proportionate to the value of the property share he/she has received.

Article 143.- 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 144.- Expenses for interpreters and lawyers

1. Expenses for interpreters mean sum of money payable to interpreters in the course of settling civil cases or matters 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 lawyer's office 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.

4. Where the courts request interpreters, the expenses for the interpreters shall be paid by the courts.

Article 145.- Specific provisions on other procedural expenses

Specific expenses for expertises, valuation and specific expenses for witnesses, interpreters, lawyers shall be stipulated by the National Assembly Standing Committee.

Chapter X

ISSUANCE, SENDING AND NOTIFICATION OF PROCEDURAL DOCUMENTS

Article 146.- Obligation to issue, send or notify procedural documents

The courts, the procuracies and the judgment-executing agencies bodies have the obligation to issue, send or notify procedural documents to the involved parties, other participants in procedures and relevant individuals, agencies and/or organizations according to the provisions of this Code.

Article 147.- Procedural documents to be issued, sent or notified

1. Judgments and decisions of courts.

2. Lawsuits petitions, appeals, protest decisions.

3. Written notices, summons, invitations in civil procedures.

4. Receipts of collection of court fee or charge advances, court fees, charges and other expenses.

5. Other procedural documents prescribed by law.

Article 148.- Persons effecting the issuance, sending or notification of procedural documents.

1. The issuance, sending or notification of procedural documents shall be carried out by the following persons:

a) Civil procedure-conducting persons or people of the procedure document-promulgating agencies who are tasked to issue, send or notify procedural documents;

b) 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;

c) The involved parties, their representatives or the defense counsels of the involved parties' legitimate rights and interests in the cases prescribed by this Code.

d) Postmen;

e) Other persons defined by law.

2. Persons who are obliged to effect the issuance, sending or notification but fail to properly perform their responsibilities, shall, depending on the nature and seriousness of their violation, be disciplined, administratively handled or examined for penal liability; if causing damage, they must compensate therefor according to law provisions.

Article 149.- Modes of issuing, sending or notifying procedural documents

The issuance, sending or notification of procedural documents may be effected by the following modes:

1. Issuance, sending or notification is effected directly or by post office or by the authorized third person;

2. Public posting;

3. Announcement on the mass media.

Article 150.- 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.

The persons who are obliged to execute the procedural documents that have been issued, sent or notified must strictly execute them; in case of failure to execute them or improper execution thereof, they shall, depending the nature and seriousness of their violation, be administratively sanctioned or examined for penal liability; if causing damage, they must compensate therefor according to law provisions.

Article 151.- Procedures for direct issuance, sending or notification

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.

Article 152.- Procedures for direct issuance, sending or notification to individuals

1. If the persons to whom procedural documents are issued, sent or notified are individuals, the procedural documents must be delivered directly to them.

2. If they are absent, the procedural documents may be handed to their relatives who have full civil act capacity and live with them, then request such persons to pledge to personally hand the documents to the former. The date when the co-residing relatives sign for the receipt of the documents shall be considered the date of issuance, sending or notification.

Where the former do not have any relatives who have full civil act capacity and live with them or their relatives refuse to receive the procedural documents on their behalf, such procedural documents can be handed over to the population group leaders, village or hamlet chiefs (hereinafter referred collectively to as population group leaders), People's Committees or police offices of the communes, wards or district townships where the persons to whom the procedural documents are issued, sent or notified reside and request such persons to hand the documents in persons to them.

3. If the issuance, sending or notification is effected through other persons, the issuers, senders or notifiers must make a minutes clearly stating the absence of the persons to whom the documents are sent or notified; the persons to whom the procedural documents are delivered; reasons; the date and time of delivery; the relationship between the persons to whom the procedural documents are issued, sent or notified and the persons to whom the procedural documents are delivered, the latter's pledge to deliver the documents in person to the former. The minutes must be signed by the persons who undertake to deliver the procedural documents and the issuers, senders or notifiers and the witnesses.

4. Where the persons to whom the procedural documents are issued, sent or notified have moved to new places with a new addresses, the documents must be issued, sent or notified to them according to their new addresses.

5. Where the persons to whom the procedural documents are issued, sent or notified are absent and the time of their return or their addresses are not known, the issuers, senders or notifiers must make record on failure to issue, send or notify, which shall be signed by the persons who have supplied the information.

6. 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, commune/ward/district township People's Committees or police offices of their refusal to receive the procedural documents.

Article 153.- Procedures for direct issuance, sending or notification to agencies, organizations

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 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.

Article 154.- Procedures for public posting

1. The public posting of procedural documents shall be effected only when the whereabouts of the persons to whom the procedural documents are issued, sent or notified are not known or when the direct issuance, sending or notification cannot be conducted.

2. The public posting of procedural documents shall be conducted by courts directly or by the commune-level People's Committees under courts' authorization, of the localities where the persons to whom the procedural documents are issued, sent or notified reside or reside last 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;

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;

c) Making records on the public-posting procedures, clearly stating the date of posting.

3. The duration for public posting of procedural documents shall be fifteen days as from the date of posting.

Article 155.- 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.

The announcement on the mass media can be effected if so requested by the other involved parties. The fees for announcement on the mass media shall be borne by the announcement requesters.

2. Announcement on the mass media shall be published on central dailies for three consecutive issues, and broadcast on the central radio or television station three times for three consecutive days.

Article 156.- Notification of results of issuance, sending or notification of procedural documents

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 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 157.- 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 individuals, agencies or organizations 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 158.- Application of the Civil Code's provisions on time limits

The method of calculating the procedural time limits, the provisions 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 159.- The statute of limitations for lawsuits, the statute of limitations for requests

1. The statute of limitations for lawsuits is the time limit during which subjects have the right to initiate lawsuits to request the courts to settle civil cases in order to protect their legitimate rights and interests, which have been, infringed upon; if that time limit expires, they will lose their right to initiate lawsuits unless otherwise provided for by law.

2. The statute of limitations for requests is the time limit during which subjects have the right to request the courts to settle civil matters in order to protect the legitimate rights and interests of individuals, agencies or organizations; the public interests and/or the State's interests if that time limit expires, they shall lose the right to request, unless otherwise provided for by law.

3. Where the law does not otherwise prescribe the statute of limitations for lawsuits or for requests, those time limits are stipulated as follows:

a) The statute of limitations for initiating a lawsuit to request the court to settle a civil case is two years as from the date the legitimate rights and interests of individuals, agencies or organizations, public interests or the State's interests are infringed upon;

b) The statue of limitations for requesting the court to settle a civil matter is one year as from the date the right to request arises.

Article 160.- Application of the Civil Code's provisions on statute of limitations

The Civil Code's provisions on statute of limitations shall apply in civil procedures.

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