Chương XIV Bộ luật tố tụng dân sự 2015: Phiên tòa sơ thẩm

Chapter XIV

FIRST-INSTANCE COURT SESSION

Section 1. GENERAL REGULATIONS ON FIRST-INSTANCE Court SESSIONS

Article 222. General requirements for first-instance Court sessions

The first-instance Court sessions must be conducted on the right times and at the right places written in the decisions to bring the cases to trial or in the notices on resuming the Court sessions in cases where the Court sessions have been postponed.

Article 223. Place of Court session

Court sessions must be held at the offices of the Court or outside the Court, provided that the seriousness is ensured and the arrangement of the courtrooms shall conformed to regulations in Article 224 of this Code.

Article 224. Arrangement of courtrooms

1. The national emblem of the Socialist Republic of Vietnam shall be put up in the middle of the top of the wall behind the Trial Panel.

2. The courtroom must have areas exclusively reserved for the Trial Panel, Procurator, Court clerk, involved parties, defense counsels of lawful rights and interests of involved parties, other procedure participants and Court participants in the Court sessions.

Article 225. Direct and oral trial

1. The Courts must directly ascertain details and facts of the cases by listening to the presentations of the plaintiffs, the defendants, persons with related interests and duties, lawful representatives, defense counsels of the legitimate rights and interests of the involved parties and other participants in the procedures and agencies and organizations invited to the Court session; questioning and listening to the answers; examining and verifying collected documents and evidences; directing and listening to the debates among the involved parties; listening to the opinions of the procuracy presented by procurators .

2. The trial must be oral trial and must be conducted in courtrooms.

Article 226. Replacement of Trial Panel members in special cases

1. Where Judges or People’s Jurors cannot continue to participate in the trial, the trial may be continued if there are alternate Judges or People’s Jurors present at the Court sessions from the beginning.

In cases where a Trial Panel consists of two Judges and the presiding Judge cannot continue to participate in the trial, the other Judge being member of the Trial Panel shall act as the presiding Judge of the Court session and the alternate Judge shall be added to be member of the Trial Panel.

2. In cases where there is no alternate Judge or People’s Juror to replace a member of the Trial Panel, or where the presiding Judge of the Court session must be replaced while there is no Judge for replacement as provided for in Clause 1 of this Article, the case shall be retried from the beginning.

Article 227. Presence of involved parties, their representatives and defense counsels of legitimate rights and interests

1. For the first time duly summoned by the Court, involved parties or their representatives and defense counsels of their legitimate rights and interests must be present at the Court session; if any of them is absent, the trial panel shall postpone the Court session, unless such person requests for trial in his/her absence.

The Courts must notify the involved parties, their representatives and defense counsels of legitimate rights and interests of the postponement of the Court session.

2. For the second time duly summoned by the Court, involved parties or their representatives and defense counsels of their legitimate rights and interests must be present at the Court session, unless they request for trials in their absence; if any of them is absent due to a force majeure event or an objective obstacle, the Court may postpone the Court session, otherwise the Court shall handle as follows:

a) If the plaintiff is absent and his/her representative does not participate in the Court session, such plaintiff shall be considered giving up the lawsuit initiation, thus the Court shall issue a decision to terminate the case resolution for his/her request for lawsuit initiation, unless such plaintiff requests for trials in their absence. The plaintiff may re-initiate lawsuits according to law provisions;

b) If the defendant without counter-claims or a person with relevant interests and duties without independent claims is absent and his/her representative does not participate in the Court session neither, then the Court shall direct the trial according to absence-trial procedure;

a) If the defendant has counter-claims but is absent and his/her representative does not participate in the Court session, such defendant shall be considered giving up the counter claims, thus the Court shall issue a decision to terminate the resolution for his/her counter claims, unless such defendant requests for trial in his/her absence. The defendant may re-initiate lawsuits for his/her counter-claims according to law provisions;

a) If the person with relevant interests and duties has independent claims but is absent and his/her representative does not participate in the Court session, such person shall be considered giving up the independent claims, thus the Court shall issue a decision to terminate the resolution for his/her independent claims, unless such person requests for trial in his/her absence. Such person may re-initiate lawsuits for his/her independent claims according to law provisions;

dd) If the defense counsels of legitimate rights and interests of the involved parties are absent, the Court shall direct the trial according to absence-trial procedures.

Article 228. Trial in absence of involved parties and/or defense counsels of their rights and interests from Court sessions

The Courts shall proceed with the case adjudication in the following circumstances:

1. The plaintiff, the defendant or the persons with related interests and duties and their representatives are absent from Court sessions but such plaintiff/defendant/person with related interests and duties files an application to request the Courts to conduct the trial in their absence;

2. The plaintiff, the defendant or the persons with related interests and obligations, who are absent from Court sessions, have their lawful representatives to attend the Court sessions;

3. The cases prescribed in points b, c, d and dd clause 2 Article 227 of this Code.

Article 229. Presence of witnesses

1. Witnesses shall be obliged to attend Court sessions under Court subpoenas.

2. Where the witnesses are absent, the Trial Panels shall decide to keep adjudicating the cases or to postpone the court.

The Trial Panels shall keep adjudicating the cases if the witnesses are absent but have earlier given their testimonies in person or sent their testimonies to courts. The presiding Judges shall make such testimonies public.

The Trial Panels shall decide to postpone the Court sessions if the absence of the witnesses at Court creates difficulties or affects the objective and comprehensive resolution of the cases.

3. If the witnesses are absent from the Court sessions without good and sufficient reasons and such absence obstructs the adjudication, they can be escorted to the Court sessions under the decision of the trial panels, unless the witnesses are minors.

Article 230. Presence of expert-witnesses

1. Expert-witnesses shall be obliged to attend Court sessions under Court subpoena to explain and answer issues relating to the expertise and expertising conclusions.

2. Where the expert-witnesses are absent, the Trial Panels shall decide to keep adjudicating the cases or postpone the Court sessions.

Article 231. Presence of interpreters

1. Interpreters shall be obliged to attend the Court sessions under Court subpoena.

2. Where the interpreters are absent without substitutes, the Trial Panels shall decide to postpone the Court sessions.

Article 232. Presence of procurators

1. The procurators assigned by the heads of the procuracies of the same level shall have the duty to attend the Court sessions. If the procurators are absent, the trial panels shall keep adjudicating and the Court sessions shall not be postponed.

2. Where the procurators are replaced in Court sessions or cannot continue to participate in the trial sessions and the alternate procurators are available, the latter may attend the Court sessions for continued trial over the cases if they are present at the Court session from the beginning.

Article 233. Time limit for postponing a Court session and decision to postpone a Court session

1. The trial panels shall issue decisions to postpone a Court session in cases specified in clause 2 Article 56, clause 2 Article 62, clause 2 Article 84, Article 227, clause 2 Article 229, clause 2 Article 230, clause 2 Article 231 and Article 241 of this Code. Time limit for postponing a Court session shall not exceed 01 month or not exceed 15 days, applicable to Court carried out under simplified procedure, from the day on which the decision to postpone the Court session is issued.

2. A decision to postpone a Court session must contain the following principal details:

a) Date of issue of the decision;

b) Name of the Court and full names of presiding officers;

c) The case to be brought to trial;

d) Reasons for the postponement of the Court session;

dd) Time and venue for resumption of the Court session.

3. The decisions to postpone the Court sessions must be signed by the Judges presiding over the Court sessions on behalf of the trial panels and be publicly notified at the Court session. For absent persons, the Courts shall immediately send the decisions to them and concurrently to the procuracies of the same level.

4. In cases where the Courts cannot resume the Court sessions on the right time and at the right places inscribed in the decisions to postpone the Courts sessions, the Courts must immediately notify the procuracies of the same level and procedure participants of the time and venues for re-opening the Court sessions.

Article 234. Internal rules of Court sessions

1. When entering the courtroom, everyone shall conform to the security testing of the forces responsible for protecting the Court session.

2. Arms, murder weapons, explosives, flammable substances, poisons, radioactive substances, objects banned from circulation, leaflets, banners and other documents and objects affecting the seriousness of the Court sessions are prohibited from bringing into the Court sessions, except for exhibits serving the resolution of the cases or arms and tools that competent persons used for protecting the Court session.

3. Participants in a Court session at the request of the Court must present their subpoenas, invitations and other relevant papers to the Court reporter at clerk's desk at least 15 minutes before the opening time of the Court session and must take seats in the courtroom according to the guidance of the Court reporter; people who are late must present the required papers to the Court reporter via the security forces of the Court session.

4. Journalists attending a Court session to collect and communicate information about the happening of the Court session must comply with the direction of the presiding Judge of the Court session about press gallery. Journalists shall record audio or video of the trial panel only when allowed by the presiding Judge of the Court session. The recording of audio and video of involved parties or other participants in the procedure must be agreed by them.

5. Any one attending the Court sessions must wear serious costume and must respect the trial panel, keep silent and must comply with the direction of the presiding Judge.

6. Persons attending the Court sessions must not wear hats and color glasses in the courtrooms, unless they have plausible reasons and are permitted by the presiding Judge to do so; use of cell phones, smoking, eating, drinking and other acts affecting the solemnity of the Court sessions are not allowed in the courtrooms.

7. All participants in a Court sessions who are summoned by the Courts shall be present at the Court sessions throughout the course of trial, unless they are permitted by the presiding Judges to leave the courtrooms for plausible reasons.

People who are under 16 must not get into courtrooms, unless they are summoned by the Courts to attend the Court session.

8. All people in courtrooms must stand up when the Trial panel members enter the courtroom and when the judgments are pronounced, except for special cases where they are permitted to stay seated by the presiding Judges.

9. Only persons who are permitted by the Trial panel may raise or answer questions or express opinions. Persons must stand up while questioning, answering or expressing opinions, unless they are permitted by the presiding Judges to stay seated due to health conditions.

Article 235. Procedures for rendering Court judgments or decisions in Court sessions

1. Judgments must be discussed and adopted by the Trial Panels in the deliberation rooms.

2. Decisions to replace the procedure presiding officers, expert-witnesses, interpreters, to transfer the cases, to suspend or terminate the resolution of cases, or to postpone Court sessions, or decisions to recognize the agreement between involved parties or to suspend the Court session, must be discussed and adopted by the trial panel at the deliberation rooms and made in writing.

3. Decisions on other matters shall be discussed and adopted by the Trial Panels at the Court rooms and need not to be made in writing but must be recorded in the minutes of the Court sessions.

Article 236. Minutes of Court sessions

1. Minutes of a Court session must be fully inscribed with the following details:

a) Main contents of the decision to bring the case to trial as stipulated in Clause 1 of Article 220 of this Code;

b) All developments at the Court session from the beginning to the end;

c) Questions, answers and statements given at the Court session.

2. Apart from recording the minutes of Court sessions, the Trial Panels may make audio-recording and/or video-recording of the developments of the Court session.

3. At the end of a Court session, the presiding Judge of the Court session must examine the minutes and co-sign on the minutes with the Court reporter.

4. The procurator and procedure participants shall be entitled to read the minutes of the Court session immediately after the end of the Court session and request the inclusion of amendments or additions into the minutes and append the countersign.

Article 237. Preparing for the opening of a Court session

Before the opening of a Court session, the Court reporter must perform the following jobs:

1. Briefing on the internal rules of the Court session.

2. Checking up on the absence or presence of the persons participating in the Court sessions under the court's subpoenas or notices; if any person is absent, the reasons therefor must be clarified.

3. Maintaining order in the Court room.

4. Requesting all people present in the Court room to stand up when the Trial Panel enters the Court room.

Article 238. Procedures for conducting trial in absence of all procedure participants

1. The Courts shall base themselves on materials and evidences included in the case files to conduct trials in the absence of involved parties and/or other procedure participants according to law provisions when the following conditions are fully satisfied:

a) The plaintiffs and/or their lawful representatives submit applications for trials in their absence;

b) The defendant, persons with relevant interests and duties and/or their lawful representatives submit applications for trials in their absence or are absent though have been duly summoned twice;

c) Defense counsels of legitimate rights and interests of plaintiffs, defendants or persons with relevant interests and duties submit applications for trials in their absence or are absent though have been duly summoned twice.

2. The presiding Judges of the Court session shall announce reasons for the absence of the involved parties or their applications for trials in their absence.

3. The presiding Judges of the Court session shall briefly announce the contents of the cases and materials and evidences included in the case files. The trial panel shall discuss matters to be settled in the cases.

4. Procurators shall present opinions of the procuracies.

5. The trial panels shall deliberate the cases and pronounce judgments according to regulations in this Code.

Section 2. PROCEDURES FOR COMMENCING A Court SESSION

Article 239. Opening a Court session

1. The presiding Judge of the Court session shall open the Court session and read out the decision to bring the case to trial.

2. The Court reporter shall then report to the Trial Panel on the presence and absence of the persons participating in the Court session under the court's subpoenas or notices and the reasons for their absence.

3. The presiding Judge of the Court shall cross-check the presence of the participants in the Court session under the court's subpoenas or notices and examine identities of the involved parties and procedure participants.

4. The presiding Judge shall explain the rights and obligations of the involved parties and other procedure participants.

5. The presiding Judge shall introduce full names of the procedure presiding officers, expert-witnesses, interpreters.

6. The presiding Judge of the Court shall ask persons who are entitled to request the replacement of procedure presiding officers, expert-witnesses or interpreters to see if they wish to replace anyone.

7. The witnesses shall be requested to undertake to give truthful testimonies, if not, they will take legal responsibility, unless the witnesses are minors.

8. The expert-witnesses and the interpreters shall be requested to undertake to provide accurately the expertising results and to interpret accurately the contents to be interpreted.

Article 240. Handling requests for replacement of procedure conductors, expert-witnesses and/or interpreters

In cases where certain persons request the replacement of procedure presiding officers, expert-witnesses and/or interpreters, the trial panels must consider and decide in accordance with procedures stipulated in this Code and may accept or not accept such request. In case of non-acceptance, the reasons therefor must be clearly stated.

Article 241. Considering and deciding on the postponement of Court sessions upon someone's absence

When any procedure participants are absent from Court sessions and they do not fall into the cases where the Courts must postpone the Court sessions, the presiding Judges must ask if there is any one requesting the postponement of the Court sessions. If there is, the Trial Panels shall consider and decide thereon according to the procedures stipulated in this Code and may accept or not accept such request. In case of non-acceptance, the reasons therefor must be clearly stated.

Article 242. Securing the objectivity of witnesses

1. Before asking the witnesses about matters they know, which are related to the resolution of the cases, the presiding Judges may decide to take necessary measures so that witnesses cannot hear each other's testimonies nor contact the relevant persons.

2. If the testimonies of the involved parties and the witnesses are interrelated, the presiding Judges may decide to isolate the involved parties from the witnesses before the witnesses are questioned.

Article 243. Inquiring the involved parties about change, supplementation or withdrawal of their claims

Procedures for inquiring the involved parties about change, supplementation or withdrawal of their claims start when the presiding Judges ask the involved parties about the following matters:

1. Inquiring the plaintiffs to see whether or not they wish to change, supplement or withdraw part or whole of their lawsuit petitions;

2. Inquiring the defendants to see whether or not they wish to change, supplement or withdraw part or whole of their counter-claims;

3. Inquiring the persons with related interests and duties who make independent claims to see whether or not they wish to change, supplement or withdraw part or whole of their independent claims.

Article 244. Considering the change, supplementation or withdrawal of claims

1. The trial panels shall accept the change and/or supplementation of the involved parties' claims, if such change or supplementation does not fall beyond the scope of their original lawsuit petitions, counter-claims or independent claims.

2. Where an involved party voluntarily withdraws part or whole of his/her claim, the Trial Panel may accept such request and terminate the trial regarding the withdrawn part or whole of the claim.

Article 245. Changing the procedural status

1. Where the plaintiff withdraws the entire lawsuit claim, but the defendant still maintains his/her counterclaims, the defendant shall become the plaintiff and the plaintiff shall become the dependant.

2. Where the plaintiff withdraws the entire lawsuit claim and the defendant withdraws the entire counterclaims, but persons with related interests and duties still maintain their independent claims, the persons with related interests and duties shall become plaintiffs while the persons who are sued under the independent claims shall become defendants.

Article 246. Recognizing the agreements of involved parties

1. The presiding Judge of the Court shall ask if the involved parties can reach an agreement about the case resolution. If the involved parties can voluntarily reach an agreement on the case resolution that is not contrary the law or social ethics, the trial panel shall issue decisions on recognition of the agreement between involved parties on the case resolution

2. The Court decisions recognizing the involved parties' agreements on the resolution of the cases shall take legal effect as prescribed in Article 213 of this Code.

Section 3. ORAL ARGUMENT IN Court SESSIONS

Article 257. Contents and mode of oral argument in Court sessions

1. Oral argument at the Courts include the presentation of evidences, questioning and answering and the expression of opinions and argument about evidences and details of the civil lawsuits or disputes and the applicable law provisions for the resolution of petitions of involved parties in the cases.

2. The oral argument at the Courts shall be conducted according to the direction of the Presiding Judge of the Court session.

3. The Presiding Judge must not limit the duration of the oral argument and must enable persons who participate in the argument to present fully their opinions; however, the Presiding Judge shall be entitled to request such persons to stop presenting contents irrelevant to the cases.

Article 248. Presentation of defense counsels of legitimate rights and interests of the involved parties

1. In cases where certain involved parties still maintain their claims and cannot reach agreements on the resolution of the cases, the involved parties shall present in the following order:

a) The defense counsels of the plaintiff's legitimate rights and interests shall present the plaintiff's claims and evidences to prove that their claims are well-grounded and lawful. The plaintiff shall be entitled to give additional opinions.

In cases where agencies or organization institute the cases, their representatives shall present the lawsuit claims and evidences to prove that their lawsuit claims are well-grounded and lawful;

b) The defense counsels of the defendant's legitimate rights and interests shall present the defendant's opinions on the plaintiff's claims; the defendant's counter-claims and proposals as well as evidences to prove that such proposals are well grounded and lawful. The defendant shall be entitled to give additional opinions.

c) The defense counsels of the legitimate rights and interests of persons with related rights and obligations shall present the latter's opinions on the claims and proposals of the plaintiff and the defendant; independent claims and proposals of the persons with related rights and obligations as well as evidences to prove that such proposals are well grounded and lawful.

The persons with related interests and duties shall be entitled to give additional opinions.

2. In cases where the plaintiff, the defendant or the persons with related interests and duties have no defense counsels of their legitimate rights and interests, they shall present by themselves their claims and proposals as well as evidences to prove that such claims and proposals are well grounded and lawful.

3. At the Court sessions, the involved parties and defense counsels of their legitimate rights and interest are entitled to supplement evidences as prescribed in clause 4 Article 96 of this Code to prove their respective claims and proposals.

Article 249. Order and principle of inquiring in Court session

1. When the presentations of the involved parties finish and the defense counsels of rights and interests of the involved parties, according to provisions of Article 248 of this Code and under the direction of the Presiding Judge of the Court session, the order of inquiring in Court session shall be:

a) The plaintiffs, defense counsels of rights and interests of the plaintiffs; the defendants, defense counsels of rights and interests of the defendants; persons with relevant interests and duties, defense counsels of rights and interests of persons with relevant interests and duties;

b) Other procedure participants;

c) The Judge of the Court session, People’s Jurors;

d) Procurators participating in the Court session.

2. Questions for the inquiry must be clear, serious, unduplicated and the questioners must not misuse the inquiry to infringe upon honor and dignity of procedure participants.

Article 250. Inquiring plaintiffs

1. In cases where there are more than one plaintiff, they shall be inquired and separately one by one.

2. The plaintiffs shall be inquired only about matters presented by themselves or by the defense counsels of their legitimate rights and interests which are unclear, inconsistent or contradictory to their previous testimonies, or contradictory to the presentations of the defendant, the persons with related rights and obligations and/or the defense counsels of their legitimate rights and interests.

3. Plaintiffs may themselves reply or the defense counsels of their legitimate rights and interests may rely on their behalf, then the plaintiffs may give additional answers.

Article 251. Inquiring defendants

1. In cases where there is more than one defendant, each defendant shall be inquired separately.2. The defendants shall only be inquired about matters which have been unclearly presented by themselves or the defense counsels of their legitimate rights and interests or have been inconsistent or contradictory to their previous testimonies, or contradictory to the claims of the plaintiffs or the persons with related rights and obligations and/or the defense counsels of their legitimate right and interests.

3. Defendants may answer questions by themselves or the defense counsels of their legitimate rights and interests answer on their behalf before the defendants give additional answers.

Article 252. Inquiring persons with related interests and obligations

1. In cases where there are more than one person with related interests and obligations, each of them shall be inquired separately.

2. The persons with related interests and obligations shall only be inquired about matters which have been unclearly presented by themselves or the defense counsels of their legitimate rights and interests or have been inconsistent or contradictory to their previous testimonies, or contradictory to the claims of the plaintiffs or the persons with related rights and obligations and/or the defense counsels of their legitimate right and interests.

3. Persons with related rights and obligations may answer questions by themselves or the defense counsels of their legitimate rights and interests answer on their behalf before they give additional answers.

Article 253. Inquiring witnesses

1. Before questioning witnesses, the presiding Judges shall ask clearly about the relations between them and parties involved in the cases; if witnesses are minors, the presiding Judges may request their parents, guardians or teachers to help in the inquiries. In cases where there is more than one witness, each of them shall be inquired separately.

2. The presiding Judges shall request the witnesses to present details about the cases that they know. After the witnesses complete their presentations, they may only be further questioned about points which they have presented unclearly, incompletely or inconsistently or which have been contradictory to their previous testimonies, contradictory to the presentations of the involved parties and/or the defense counsels of the involved parties' legitimate rights and interests.

3. After completing their presentations, the witnesses shall stay in the Court rooms so that they may be further questioned.

4. In cases where it is necessary to secure the safety of the witnesses or their relatives, the Trial Panels may decide not to disclose information on their personal records and must keep them from being seen by attendants to the Court sessions.

5. involved parties and defense counsels of their legitimate rights and interests may question the witnesses after agreed by the presiding Judges of the Court session.

Article 254. Public disclosure of materials and evidences of the cases

1. The Trial Panel shall publicly disclose materials and evidences of a case in the following cases:

a) Procedure participants are absent from Court sessions but have given their testimonies during adjudication preparation;

b) Testimonies given in Court sessions by procedure participants are contradictory to their previous testimonies;

c) In other cases that the trial panel considers necessary or at the request of procurators, involved parties, defense counsels of rights and interests of involved parties, other procedure participants.

2. In special cases where it is necessary to keep State secrets, to preserve the nation's fine customs and practices, to keep professional secrets, business secrets, private secrets or family secrets or to protect minor people at the requests of the involved parties, the trial panels shall not disclose documents included in the case files.

Article 255. Listening to audio-tapes and/or discs, watching video tapes and/or discs and other audio/video-recording devices

At the request of the involved parties, defense counsels of their legitimate rights and interests, procedure participants or procurators or when deeming it necessary, the Trail Panels may arrange for the audio tapes and/or discs to be listened to, and/or video tapes and/or discs and/or other audio/video recording devices to be screened in Court sessions, except for the cases stipulated in Clause 2 of Article 254 of this Code.

Article 256. Examining exhibits

Exhibits, photos or records certifying exhibits shall be presented for examination in Court sessions.

When necessary, the trial panel, together with the involved parties, may conduct an on-site inspection of the exhibits that cannot be brought to the Court session.

Article 257. Inquiring expert-witnesses

1. The presiding Judges shall request the expert-witnesses to present their conclusions on matters they have been assigned to expertise. During their presentations, the expert-witnesses may give additional explanations on the expertising conclusions and the grounds to make such conclusions.

2. Procurators and procedure participants present in Court sessions shall be entitled to give comments on the expertising conclusions, to ask about matters which are unclear or contradictory in the expertising conclusions or contradictory to other details of the cases.

3. In cases where the expert-witnesses are absent from Court sessions, the presiding Judges shall publicly disclose the expertising conclusions.

4. When any involved parties or defense counsels of rights and interests of involved parties disagrees with the expertising conclusions publicly disclosed in Court sessions and request the expert-witnesses to make additional expertise or re-expertise, if deeming that the additional expertise or the re-expertise is necessary for the settlement of the cases, the Trial Panels shall decide on the additional expertise or re-expertise; in this case, the Trial Panels shall decide to postpone the Court sessions according to provisions in point d clause 1 Article 259 of this Code.

Article 258. Concluding the inquiries in Court sessions

When deeming that the case details have been fully examined, the presiding Judges shall ask the procurators, the involved parties, the defense counsels of the legitimate rights and interests of the involved parties and other procedure participants whether they request to ask about any matters or not; in cases where someone has such request and he/she deems that such request is well grounded, the presiding Judges shall decide to continue the inquiries.

Article 259. Postponement of Court sessions

1. During the process of adjudication, the trial panel shall be entitled to make decisions to postpone the Court session in any of the following cases:

a) Due to health conditions or due to a force majeure event or an objective obstacle, the proceeding officer cannot continue with the Court session, unless the proceeding officer can be replaced;

b) Due to health conditions or due to a force majeure event or an objective obstacle, the procedure participant cannot continue participating in the Court session, unless the presiding officer apply for trial in their absence;

c) Cases where materials and/or evidences must be verified or additional collected to resolve the cases and such activities could not be carried out at the court;

d) Cases where the additional expertising results or the re-expertising results have not been made and must be waited for;

dd) Involved parties agree to request the Court to postpone the Court session so that they will conduct mediation themselves;

e) Cases which must be reported to the Chief Justice of the Courts to apply for amendment and/or supplement or repeal of legislative documents as prescribed in Article 221 of this Code.

2. The postponement of the Court sessions must be recorded in minutes. Duration of the postponement of the Court sessions must not exceed 01 month from the day on which the trial panels make decisions to postpone the Court sessions. When such time expires, if the reasons for the postponement do not exist anymore, the trial panels shall resume the Court sessions; otherwise, the trial panels shall make decisions to suspend the resolution of the lawsuits. The trial panels must send written notification to procedure participants and the procuracies of the same levels about the time for resuming the Court sessions.

Article 260. Order for making arguments

1. At the end of the inquiring process, the Trial Panels shall move on to the arguments in Court sessions. The order for making arguments shall be as follows:

a) The defense counsels of the plaintiffs' legitimate rights and interests shall make their presentations. The plaintiff shall be entitled to give additional opinions. In cases where agencies or organizations initiate lawsuits, the representatives of such agencies or organizations shall present their opinions. The persons having their rights and interests protected may give additional comments;

b) Defense counsels of the defendants' legitimate rights and interests shall present counter-arguments. The defendant shall be entitled to give additional opinions.

c) Defense counsels of the legitimate rights and interests of persons with related interests and duties shall make presentations. The persons with related interests and duties shall be entitled to give additional opinions;

d) Involved shall present their arguments and counter-arguments according to the control of the presiding Judges;

dd) When it is deemed necessary, the trial panels may request involved parties to make additional argument about specific matters that are used as grounds for the resolution of the cases.

2. In cases where the plaintiffs, the defendants or persons with related interests and duties have no one to defend their legitimate rights and interests, they shall themselves make presentations during the arguments.

3. If any of the involved parties or other participants is absent, the presiding Judges of the Court sessions shall publicly disclose his/her testimonies so that involved parties present at the courtroom could make arguments and responses.

Article 261. Presentations during arguments and responses

When making presentations on the assessment of evidences or expressing their views on the resolution of cases, persons participating in the arguments must base themselves on documents and evidences that have been collected, examined and verified in Court sessions as well as results of the inquiring process in Court sessions. They may respond to the opinions of others.

Article 262. Presentations of procurators

When procedure participants have present their arguments and responses, the procurators shall give opinions about the compliance of the Judges, trial panels, Court reporters and other procedure participants with procedure law during the course of resolution of the cases, from the acceptance to the deliberation and about the case resolution.

Immediately when the Court sessions finish, the procurators must send the writings containing their opinions to the Courts so that the Courts save such documents to the case files.

Article 263. Resuming inquiries and arguments

Through arguments, if deeming that details of the cases have not been considered, or have been considered insufficiently, or it is necessary to additionally examine evidences, the trial panels shall decide to resume the inquiring process.

Section 4. DELIBERATION AND PRONOUNCEMENT OF JUDGMENTS

Article 264. Deliberation

1. At the end of arguments, the trial panels enter the deliberation rooms to deliberate the cases.

2. Only members of the trial panels are allowed to participate in the deliberation. During the deliberation, the trial panel members must base themselves on materials and evidences examined at the Court sessions, the results of arguments at the Court sessions and law provisions; if the cases are of cases specified in clause 2 Article 4 of this Code, the trial members must also base themselves on customs The People’s Jurors shall vote first while the presiding Judges shall vote last. The minority may express their opinions in writing which shall be recorded in the case files.

3. Deliberation must be recorded in minutes specifying all opinions discussed and decisions of the trial panels. The deliberation records must be signed at the deliberation rooms by all members of the trail panels before the judgments are pronounced.

4. Where the cases involve many complicated circumstances and the deliberation requires a longer time, the trial panels may decide on the deliberation time limit which, however, shall not exceed 05 working days since the end of arguments in Court sessions.

The trial panels must inform all persons present in Court sessions and the absent procedure participants of the hours, date and place where the judgments shall be pronounced If the trial panels have made the notification while some proceeding participants are absent, the trial panels shall still proceed with the pronouncement of judgments as provided for in Article 267 of this Code.

Article 265. Resumption of inquiries and arguments

Through deliberation, if deeming that details of the cases have not been considered, the inquiries have not been sufficient or evidences should be further examined, the trial panels may decide to resume the inquiries and arguments.

Article 266. First-instance judgments

1. Courts shall render judgments in the name of the Socialist Republic of Vietnam.

2. A judgment shall contain an introduction, contents of the case and assessment of the court, and the court's decision. To be specific:

a) The introduction section of the judgment must clearly state the name of the first-instance court; the serial number and date of the case acceptance; the serial number of the judgment and the date of judgment pronouncement; full names of the members of the trial panel, the Court reporter, the procurators, expert-witnesses and interpreter; full names and addresses of the plaintiff, defendant, persons with related interests and duties; agencies, organizations or individuals initiating the lawsuit; the lawful representatives, the defense counsels of the legitimate rights and interests of the involved parties; matters under dispute; the serial number and date of the decision to bring the case to trial; form of trial: public trial or closed trial; time and place of trial;

b) The contents of the cases and assessment of the Court must contain the lawsuit petition of the plaintiff, lawsuit petition of agency/organization/individual; counter-claims and/or requests of the defendant; independent claims and/or requests of persons with related interests and duties.

The Court must base themselves on materials and evidences examined at the Court session and result of argument at the Court session to analyze and assess comprehensively and objectively details of the case and legal bases; if the case is of those specified in clause 2 Article 4 of this Code, the customs, the provisions applicable to same matters, basic principles of civil laws, legal precedents or the justice shall be based on when deciding to or to not approve the petitions/requests of the involved parties or representatives of their legitimate rights and interests and resolving relevant matters.

c) The court’s decision must state legal grounds, decisions of the trial panel on each matter to be resolved in the case, on the application of provisional emergency measures, Court fees, procedural charges and right to appeal against the judgment; in cases where there are decisions which must be executed immediately, such decisions must be clearly stated.

3. When retrying cases of which judgments or decisions have been partial or wholly cancelled according to cassation/reopening decisions, the Court shall resolve all issues pertaining to properties and/or duties that have been executed (if any) according to legally effective judgments and decisions that are cancelled; such shall be recorded in the judgment.

Article 267. Pronouncing judgments

The Trial panels shall pronounce the judgments in the presence of involved parties, representatives of agencies/organizations/individuals initiating lawsuits. If the involved parties are present during the Court session but are absent at the time of pronouncing judgments or in cases specified in clause 4 Article 264 of this Code, the judgment shall be still pronounced by the trial panels.

Upon the pronouncement of a judgment, all people in the courtroom must rise up, except for special cases permitted by the presiding Judge. The presiding Judge or another member of the trial panel reads out the judgment and may give further explanation of the judgment execution and the right to appeal.

If Court conducts the trial behind closed doors as prescribed in clause 2 Article 15 of this Code, the trial panel shall publicly pronounce only the beginning and the decisions in the judgment.

If the involved parties need interpreters, the interpreters shall interpret the parts of judgment that are publicly pronounced.

Article 268. Amendment or supplementation of judgments

1. A judgment, once pronounced must not be amended or supplemented, except where obvious mistakes in spelling, in data due to confusion or miscalculation are detected.

2. If the judgment needs to be amended or supplemented as prescribed in clause 1 of this Article, the Judge shall cooperate with People’s Jurors being members of the trial panel making such judgment to issue a decision on amendment and/or supplement of the judgment and immediately send it to the involved parties, agencies/organizations/individuals initiating the lawsuit, procuracy of the same level and civil judgment-executing bodies if the judgment has been sent to such civil judgment-executing bodies.

In cases where the Judge in charge of the case no longer hold the Judge's position at the Court making such judgment, the courts' Chief Justices shall carry out such amendment or supplementation.

Article 269. Supplying judgment extracts and judgments

1. Within 03 working days after the end of a Court session, the involved parties, agencies, organizations or individuals initiating the lawsuits shall be supplied with judgment extracts by the court.

2. Within 10 days as from the date of judgment pronouncement, the Court shall hand over or send the judgment to the involved parties, agencies, organizations or individuals initiating the lawsuit and the procuracy of the same level.

3. An effective first-instance judgment of the Court about resolution of civil lawsuit pertaining to interests of consumers initiated by a social organization protecting interests of consumers must be publicly posted at the office of the Court and must be publicly posted on one of central or local dailies for three consecutive issues.

An effective first-instance judgment of the Court relevant to the compensation responsibility of the State must be sent to State management agencies competent in state compensation by the Court.

An effective first-instance judgment of the Court relevant to the change of civil status of an individual must be notified by the Court in writing enclosed with judgment extracts to People’s Committee where such individual registered for civil status as prescribed in the Law on civil status.

Time limit for public disclosure, posting or delivery of judgments and notices prescribed in this clause is 05 working days from the day on which the judgment takes legal effect.

4. Effective first-instance judgments of the Court shall be posted on e-portal of the Court (if any), except for court’s judgments/decisions containing information specified in clause 2 Article 109 of this Code.

Bài viết liên quan

Chia tài sản ly hôn có yếu tố nước ngoài như thế nào mới nhất 2025?

Chia tài sản ly hôn có yếu tố nước ngoài như thế nào mới nhất 2025?

Khi hôn nhân giữa người Việt Nam và người nước ngoài tan vỡ, việc chia tài sản trở thành một vấn đề phức tạp đòi hỏi sự am hiểu sâu sắc về pháp luật của cả hai quốc gia. Bài viết này sẽ giúp bạn hiểu rõ hơn về quy trình chia tài sản trong trường hợp ly hôn có yếu tố nước ngoài, đặc biệt là trong năm 2025. 20/12/2024

Thuận tình ly hôn với người nước ngoài hết bao nhiêu mới nhất 2025?

Thuận tình ly hôn với người nước ngoài hết bao nhiêu mới nhất 2025?

Quy trình ly hôn vốn đã phức tạp, lại càng trở nên nan giải hơn khi có sự tham gia của công dân nước ngoài. Vậy, thủ tục ly hôn thuận tình với người nước ngoài sẽ mất bao lâu để hoàn tất? Bài viết này sẽ giúp bạn giải đáp thắc mắc này, cung cấp những thông tin mới nhất về thời gian giải quyết vụ án ly hôn thuận tình có yếu tố nước ngoài tại Việt Nam năm 2025. 20/12/2024

Trình tự, thủ tục chuẩn bị hồ sơ thuận tình ly hôn với người nước ngoài mới nhất 2025

Trình tự, thủ tục chuẩn bị hồ sơ thuận tình ly hôn với người nước ngoài mới nhất 2025

Việc ly hôn với người nước ngoài ngày càng trở nên phổ biến trong xã hội hiện đại. Tuy nhiên, thủ tục ly hôn thuận tình với người nước ngoài khá phức tạp và đòi hỏi nhiều giấy tờ. Bài viết này sẽ hướng dẫn bạn chi tiết về trình tự, thủ tục và hồ sơ cần chuẩn bị khi muốn ly hôn thuận tình với người nước ngoài, giúp bạn nắm rõ quy trình và chuẩn bị đầy đủ trước khi tiến hành thủ tục. 20/12/2024

Có được quyền ly hôn khi một bên ở nước ngoài không mới nhất 2025?

Có được quyền ly hôn khi một bên ở nước ngoài không mới nhất 2025?

Trong thời đại toàn cầu hóa, hôn nhân quốc tế ngày càng phổ biến. Tuy nhiên, không phải mối tình nào cũng có kết thúc viên mãn. Vậy, nếu một trong hai vợ chồng đang sinh sống ở nước ngoài, liệu có thể tiến hành thủ tục ly hôn hay không? Bài viết này sẽ giải đáp thắc mắc này, cung cấp thông tin chi tiết về quy định pháp luật mới nhất năm 2025. 20/12/2024

Ly hôn đơn phương chồng đang ở nước ngoài mới nhất 2025?

Ly hôn đơn phương chồng đang ở nước ngoài mới nhất 2025?

Việc ly hôn với chồng đang ở nước ngoài là một vấn đề khá phức tạp và đòi hỏi nhiều thủ tục. Bài viết này sẽ hướng dẫn bạn chi tiết về quy trình ly hôn đơn phương khi chồng đang ở nước ngoài, giúp bạn hiểu rõ hơn về quyền lợi và nghĩa vụ của mình. 20/12/2024

Hồ sơ và thủ tục ly hôn đơn phương có yếu tố nước ngoài năm 2025

Hồ sơ và thủ tục ly hôn đơn phương có yếu tố nước ngoài năm 2025

Việc ly hôn với người nước ngoài ngày càng trở nên phổ biến trong xã hội hiện đại. Tuy nhiên, thủ tục ly hôn đơn phương có yếu tố nước ngoài lại khá phức tạp và đòi hỏi nhiều giấy tờ. Bài viết này sẽ cung cấp thông tin chi tiết về hồ sơ và thủ tục ly hôn đơn phương có yếu tố nước ngoài năm 2025, giúp bạn nắm rõ quy trình và chuẩn bị đầy đủ trước khi tiến hành thủ tục. 20/12/2024

Người nước ngoài có được ly hôn ở Việt Nam không mới nhất 2025?

Người nước ngoài có được ly hôn ở Việt Nam không mới nhất 2025?

Việc ly hôn giữa công dân Việt Nam và người nước ngoài ngày càng trở nên phổ biến. Tuy nhiên, nhiều người vẫn băn khoăn không biết người nước ngoài có được quyền ly hôn tại Việt Nam hay không? Bài viết này sẽ giải đáp thắc mắc trên, cung cấp những thông tin chính xác và cập nhật nhất về vấn đề này vào năm 2025. 20/12/2024

Ly hôn với người nước ngoài mất bao lâu mới nhất 2025?

Ly hôn với người nước ngoài mất bao lâu mới nhất 2025?

Quy trình ly hôn vốn đã phức tạp, lại càng trở nên nan giải hơn khi có sự tham gia của công dân nước ngoài. Vậy, việc ly hôn với người nước ngoài sẽ mất bao lâu để hoàn tất thủ tục? Bài viết này sẽ giúp bạn giải đáp thắc mắc này, cung cấp những thông tin mới nhất về thời gian giải quyết vụ án ly hôn có yếu tố nước ngoài tại Việt Nam năm 2025. 20/12/2024

Thẩm quyền giải quyết ly hôn với người nước ngoài mới nhất 2025

Thẩm quyền giải quyết ly hôn với người nước ngoài mới nhất 2025

Trong bối cảnh hội nhập quốc tế ngày càng sâu rộng, việc kết hôn giữa công dân Việt Nam và người nước ngoài trở nên phổ biến hơn. Tuy nhiên, khi hôn nhân đổ vỡ, vấn đề về thẩm quyền giải quyết ly hôn lại đặt ra nhiều thách thức. Bài viết này sẽ đi sâu phân tích các quy định mới nhất về thẩm quyền giải quyết ly hôn với người nước ngoài tại Việt Nam năm 2025, nhằm cung cấp thông tin hữu ích cho những người đang gặp phải tình huống này. 20/12/2024

Mẫu đơn ly hôn với người nước ngoài và hướng dẫn chi tiết cách viết mới nhất 2025?

Mẫu đơn ly hôn với người nước ngoài và hướng dẫn chi tiết cách viết mới nhất 2025?

Việc ly hôn với người bạn đời là người nước ngoài đang khiến bạn băn khoăn? Bạn không biết phải làm thế nào để hoàn tất thủ tục một cách nhanh chóng và thuận lợi? Đặc biệt, bạn đang tìm kiếm một mẫu đơn ly hôn chuẩn xác và hướng dẫn chi tiết nhất? Bài viết này sẽ giải đáp tất cả những thắc mắc của bạn. 20/12/2024