Phần thứ nhất Bộ luật tố tụng dân sự 2015: Những quy định chung

PART ONE

GENERAL PROVISIONS

Chapter I

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 People’s Court (hereinafter referred to as Courts) to settle cases of civil, marriage and family, business, trade and labor (hereinafter referred to as civil lawsuits) and order and procedures to request the Court to settle matters regarding civil, marriage, family, business, trade, labor (hereinafter referred to as civil matters); order and procedures for settlement of civil lawsuits and civil matters (hereinafter referred to as civil cases) at Courts; procedures for recognition and enforcement in Vietnam civil judgments/decisions of foreign Courts, award of foreign arbitrators; enforcement of civil judgments; tasks, entitlements and responsibilities of proceeding authorities/officers; rights and obligations of participants in procedures, of individuals, of regulatory agencies, people’s armed units, economic organizations, political organizations, socio-political organizations, political – social – professional organizations, social organizations, social – professional organizations (hereinafter referred to as agencies and organizations) that are relevant to ensure that the resolution of civil cases is carried out quickly, accurately, truthfully and lawfully.

The Civil Procedure Code contributes to the protection of the justice, of human’s rights, civil rights, protection of socialist regime, of the interests of the State, legitimate rights and interests of agencies, organizations and individuals; educates people to strictly abide by law.

Article 2. Regulated entities and effect of the Civil Procedure Code

1. The Civil Procedure Code applies to all civil proceedings throughout the territory of the Socialist Republic of Vietnam, including mainland, offshore island, territorial waters and airspace.

2. The Civil Procedure Code applies to all civil proceedings conducted by consular offices of the Socialist Republic of Vietnam in foreign countries.

3. The Civil Procedure Code applies to the settlement of civil cases involving foreign element(s); where the international treaties to which the Socialist Republic of Vietnam is a signatory provide otherwise, the provisions of such international treaties shall apply.

4. For foreign individuals, agencies and organizations that enjoy diplomatic privileges and immunities or consular privileges and immunities under Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a signatory, the civil cases related to such individuals, agencies and/or organizations shall be settled through the diplomatic channel.

Chapter II

BASIC PRINCIPLES

Article 3. Compliance with laws in civil procedures

All civil procedural activities of presiding agencies, presiding officers, civil procedure-participants and of relevant individuals, agencies and organizations must comply with the provisions of this Code.

Article 4. Right to request Courts to protect legitimate rights and interests

1. Individuals, agencies and organizations defined by this Code shall have the right to institute civil lawsuits, request the resolution of civil matters at competent Courts in order to protect the justice, human’s rights, civil rights, benefits of the State, legitimate rights and interests of their own or of others.

2. Courts must not refuse to settle a civil case for the reason that there is no applicable law provision for such case.

A civil case without applicable law provisions is a civil case falling within the governing scope of civil laws but there is no applicable law provision at the time such civil case arises and an agency/organization/individual requests the Court to settle.

The settlement of civil case specified in this clause shall comply with the principles prescribed in the Civil Code and this Code.

Article 5. Involved parties' right to decision-making and self-determination

1. The involved parties shall have the right to decide whether to initiate civil lawsuits, petition jurisdictional Courts to settle the civil cases. The Courts shall only accept for settlement of civil cases when they have received lawsuit petitions and/or written requests from an involved party and shall settle the civil cases only within the scope of such lawsuit petition or written request.

2. During the settlement of a civil case, the involved parties shall have a right to terminate or change their petitions or voluntarily reach agreement with one another, which is not contrary to law and social ethics.

Article 6. Supply of evidences and proof in civil procedures

1. The involved parties shall have the right and obligation to initiatively collect and supply evidence to Courts and prove that their petitions are well grounded and lawful.

Agencies, organizations and individuals initiating lawsuits or file their petitions to protect legitimate rights and interests of their own or of other persons shall have the right and obligation to collect and supply evidence and to prove the ground and the lawfulness like the involved parties.

2. The Courts shall assist the involved parties to collect evidence and shall only collect and verify the evidence in the cases prescribed by this Code.

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

Agencies, organizations and individuals shall, within the scope of their tasks and powers, provide the involved parties, the Courts, the People’s Procuracy with materials and evidences currently being under their possession or management sufficiently and timely at the petition of the involved parties, the Courts and the Procuracy according to regulations in this Code and shall take legal responsibility for the supply of such materials and evidences; in case they cannot do so, a written notification containing the explanation shall be made and sent to the involved parties, the Courts and the Procuracy.

Article 8. Equality in rights and obligations in civil procedures

1. All people are equal before law regardless of their ethnics, religions, educational levels, occupations and social levels.

All agencies, organizations and individuals are equal in the implementation of rights and obligations in civil procedures.

2. The Courts have the responsibility to create equal conditions for agencies, organizations and individuals to exercise their rights and obligations in civil procedure

Article 9. Ensuring the involved parties' right to protect legitimate rights and interests

1. The involved parties have the right to defend themselves or to ask lawyers or other persons who satisfy conditions specified in this Code to protect their legitimate rights and interests.

2. The Courts have the responsibility to ensure the conditions for the involved parties to exercise their right to defense.

3. The State has the responsibility to provide legal assistant for such entities according to law provisions enabling them to exercise the right to protect their legitimate rights and interests before the Courts.

4. No one shall limit the right to protect legitimate rights and interests of the involved parties in civil procedures.

Article 10. Mediation in civil procedures

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

Article 11. Participation of People’s Jurors in adjudication of civil lawsuits

1. The adjudication of first instance of civil lawsuits shall be attended by the People’s Jurors as prescribed in this Code, except for adjudication under the simplified procedures.

2. Upon the vote for decisions on settlement of civil lawsuits, the People’s Jurors are equal in powers to the Judges.

Article 12. Judges, People’s Jurors are independent in adjudication of civil lawsuits and settlement of civil matters and only comply with law

1. Upon trial over civil lawsuits, Judges and People’s Jurors shall be independent and only comply with law.

2. All acts of hindering or interfering the adjudication of Judges and People’s Jurors or the settlement of civil matters of Judges are strictly prohibited.

Article 13. Responsibilities of civil proceeding authorities and proceeding officers

1. Proceeding authorities/officers must respect people and submit to people’s supervision.

2. The Courts are responsible for the protection of the justice, human’s rights, civil rights, socialist regime, benefits of the State, legitimate rights and interests of organizations and individuals.

The procuracies are responsible for the protection of the law, human’s rights, civil rights, socialist regime, benefits of the State, legitimate rights and interests of organizations and individuals and contribute in the assurance that law is strictly and consistently complied with.

3. Proceeding authorities/officers must keep the State secrets and work secret according to law; preserve the nation’s fine customs and practices, protect minors, keep professional secrets, business secrets, personal secrets of the involved parties at their legitimate petitions.

4. The proceeding authorities/officers shall take legal responsibility for the performance of their tasks and powers. If a proceeding officer commits a violation against law, depending on the nature and severity of the violation, he/she shall be disciplined or liable to criminal prosecution according to law provisions.

5. If a proceeding officer, during the performance of his/her tasks and powers, commits illegal acts that causes damages to an agency/organization/individual, then the direct management agency of such officer shall pay the compensation to the aggrieved party according to law provisions pertaining to compensation responsibility.

Article 14. Collective trials by Courts

A Court shall conduct the collective trial over civil lawsuits and make decisions under the majority rule, except for adjudication according to simplified procedures.

Article 15. Prompt, equal and public trials by Courts

1. The Court trials shall be conducted promptly and within the time prescribed in this Code and must ensure the equality.

2. The Court trials shall be public. In special cases that it is necessary to keep the State secrets, preserve the nation’s fine customs and practices, protect minors or to keep professional secrets, business secrets, personal secrets of the involved parties at their legitimate claims, the Courts may conduct the trials behind closed doors.

Article 16. Ensuring impartiality and objectiveness in civil procedures

1. Chief Justices, Judges, People’s Jurors, ombudspersons, Court clerks, procurators chairpersons, prosecutors, inspectors, interpreters, expert-witnesses and members of Price Assessment Councils must not conduct or participate in civil procedures if there are good reasons to believe that they may not be impartial in performing their tasks and exercising their powers.

2. The assignment of proceeding officers must ensure the conditions for them to be impartial and objective when exercising their tasks and powers.

Article 17. Following the two-level adjudication regime

1. The Courts shall follow the two-level adjudication regime.

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

First-instance judgments or decisions of the Courts which are not appealed against according to appellate procedures within the time limit provided for by this Code shall become legally effective. Where first-instance judgments or decisions are appealed against, the cases must undergo appellate trials. The appellate judgments or decisions shall be legally effective.

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

Article 18. Cassation of trials

The Supreme People’s Court shall conduct cassation of trials of all Courts; Collegial People’s Courts shall conduct cassation of trials of People’s Courts of central-affiliated cities and provinces (hereinafter referred to as People’s Courts of provinces), People’s Courts of districts, towns, provincial-affiliated cities and cities affiliated to central-affiliated cities (hereinafter referred to as People’s Courts of districts) within their competence to ensure that law is applied strictly and consistently.

Article 19. Assurance of the effect of Courts' judgments and decisions

1. Legally effective judgments and decisions of Courts must be enforced and strictly observed by all agencies, organizations and individuals.

2. Within the scope of their respective tasks and powers, Courts and agencies or organizations which are assigned the tasks to enforce Courts' judgments or decisions must strictly enforce them and bear responsibility before law for the performance of such tasks.

3. Courts may request the enforcement authorities to notify them of the progress and the result of the enforcement of the Courts’ judgments/decisions. The enforcement authorities directly in charge of the enforcement of the Courts’ judgments/decisions shall respond the Courts’ request.

Article 20. Spoken and written language used in civil procedures

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

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

Participants in civil procedures being people having hearing, speaking or visual disability may use the language of disabled people; in this case interpreters are required.

Article 21. Supervising the law observance in civil procedures

1. The Procuracies shall supervise the law observance in civil procedures and exercise the rights to petition, recommendation or appeal according to law provisions in order to ensure lawful and timely resolution of civil cases.

2. The Procuracies shall participate in first-instance meetings for civil matters; first-instance trials of lawsuits where evidence are collected by the Courts or where matters under dispute are public properties, public benefits, land use right, housing use right or involved parties are minors, legally incapacitated persons or, persons with limited capacity of exercise, people with limited cognition or behavior control or cases specified in clause 2 Article 4 of this Code.

3. The procuracies shall participate in appellate, cassation and reopening trials/meetings.

4. The Supreme People’s Procuracy shall preside over and cooperate with the Supreme People’s Court in providing guidance on the implementation of this Article.

Article 22. Courts' responsibility for forwarding documents and papers

1. The Courts shall have the responsibility to delivery, forward and notify of their judgments, decisions, summons, invitations and other relevant documents to the participants in the civil procedures according to the provisions of this Code.

2. People’s Committees of communes or relevant agencies, organizations and individuals shall forward the judgments, decisions, summons, invitations and other relevant documents of the Courts at the request of the Courts and shall notify the Courts of the result of such forwarding.

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

Agencies, organizations and individuals shall have the right and obligation to participate in civil procedures according to the provisions of this Code, contributing to the lawful and prompt resolution of civil cases at courts.

Article 24. Assurance of oral argument in adjudication

1. The Courts shall ensure that the involved parties and people protecting legitimate rights and interests of the involved parties implement the right to get involve in oral argument in first-instance trials, appellate trials, cassation trials and reopening trials according to provisions of this Code.

2. The involved parties and the people protecting the legitimate rights and interests of the involved parties may collect and submit the evidences and relevant materials to the Courts since the Courts accepted civil lawsuits and shall notify to each other of the submitted materials and evidences; present, give question and answer, express opinions about evidences and present applicable provisions to defend their claims and their legitimate rights and interests or to reject others’ claims according to provisions of this Code.

3. During the process of adjudication, every material and evidence shall be reviewed sufficiently, obviously, comprehensively and publicly, except for cases where materials and evidences must not be published prescribed in clause 2 Article 109 of this Code. The Courts shall direct the oral argument, make question about unclear matters and issue judgments/decisions on the basis of the argument result.

Article 25. Assurance of the right to complaints and denunciations in civil procedures

Agencies, organizations and individuals shall have the right to complain about, individuals shall have the right to denounce, illegal acts of proceeding authorities/officers or of any agencies, organizations and individuals in civil proceedings.

Competent agencies, organizations or individuals must accept, consider and settle promptly and lawfully complaints and denunciations; notify in writing the settlement results to the complainants and denouncers.

Chapter III

COURT'S JURISDICTION

Section 1. CIVIL CASES FALLING UNDER THE COURTS' JURISDICTION

Article 26. Civil disputes falling under the courts' jurisdiction

1. Disputes over the Vietnamese nationality among individuals.

2. Disputes over property ownership and other rights over property.

3. Disputes over civil transactions, civil contracts.

4. Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 30 of this Code.

5. Disputes over property inheritance.

6. Disputes over compensation for non-contractual damage.

7. Disputes over compensation due to the application of administrative preventive measures unconformable to law regulations on competition, excluding compensation claims that have been settled in administrative lawsuits.

8. Disputes over the development and utilization of water resources and the waste discharge to water as prescribed in the Law on water resources.

9. Disputes over land according to legislation on land; disputes over the right to forest ownership/enjoyment according to regulations in the Law on forest protection and development.

10. Disputes relating to the professional press operation under law on press.

11. Disputes relating to petitions for declaration of notarized documents to be invalid.

12. Disputes relating to properties forfeited to enforce judgments in accordance with the law on enforcement of civil judgments.

13. Disputes over property auction results and payment of expenses for registration to buy property through auction in accordance with the law on enforcement of civil judgment.

14. Other civil disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 27. Civil petitions falling under the courts' jurisdiction

1. The petition for declaration or revocation of a decision on declaration of a legally incapacitated person, person with limited capacity of exercise or a person with limited cognition or behavior control.

2. The petition for announcement of the search of persons who are absent from their residential places and the management of their properties.

3. The petition for declaration or revocation of decision on declaration of a person’s missing.

4. The petition for declaration or revocation of decision on declaration of a person’s death.

5. The petition for recognition and enforcement in Vietnam or non-recognition of civil judgments or decisions, or decisions on properties in criminal or administrative judgments or decisions of foreign Courts or not to recognize civil judgments or decisions, or decisions on properties in criminal or administrative judgments or decisions of foreign courts, which are not requested to be enforced in Vietnam.

6. The petition for declaration of notarized documents to be invalid.

7. The petition for recognition of the successful out-of-Court mediation.

8. The petition for recognition of property within Vietnam’s territory to be ownerless and for recognition of the ownership of the persons managing such ownerless property within Vietnam’s territory according to regulations in point e clause 2 Article 470 of this Code.

9. The petition for determination of property ownership and use rights, division of common properties for enforcement of judgments in accordance with regulations in the Law on enforcement of civil judgments.

10. Other civil petitions, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

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

1. Divorces, disputes over child rearing or property division upon divorces; post-divorce division.

2. Disputes over division of spousal common property during their marriage.

3. Disputes over change of post-divorce child custodian.

4. Disputes over determination of fathers or mothers for children; or determination of children for fathers or mothers.

5. Disputes over alimonies.

6. Disputes over childbirth using the childbirth assistance technique or surrogacy for humanitarian reasons.

7. Disputes over child custodian, division between couples living like husbands and wives without marriage registration or between spouses illegally cancel the marriage registration.

8. Other disputes relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 29. Marriage-and family-related petitions falling under the courts' jurisdiction

1. The petitions for revocation of illegal marriages.

2. The petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces.

3. The petitions for recognition of agreements between the parents about the change of post-divorce custodian or recognition of change of post-divorce child custodian decided by agencies, organizations and individuals according o law regulations on marriage and family.

4. The petitions for restriction on rights of a father or mother towards a minor child or his/her right to see the child after divorce.

5. The petitions for termination of the adoption of children.

6. The petitions relating to the surrogacy according to law regulations on marriage and family.

7. The petitions for recognition of agreements of termination of the effect of the division of spousal common properties during their marriage to have been carried out according to the judgments/decisions of the Courts.

8. The petitions for declaration of nullification of the agreements on the property division between the husband and the wife according to legislation on marriage and family.

9. The petition for recognition and enforcement in Vietnam or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other foreign competent agencies; or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other competent foreign competent agencies which are not requested to be enforced in Vietnam.

10. The petition for determination of fathers or mothers for children; or determination of children for fathers or mothers according to legislation on marriage and family.

11. Other petitions relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 30. Business and/or 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.

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

3. Disputes between persons who are not members of a company but involve in transaction in transfer of capital holding and the company and/or its members.

4. Disputes between a company and its members; disputes between a limited liability company and its manager or between a joint-stock company and members of its Board of Directors, its Director or its General Director, or among members of a company regarding the establishment, operation, dissolution, merge, consolidation, total division, partial division, property transfer and/or organizational transformation of the company.

5. Other civil disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 31. Business or trade petitions falling under the courts' jurisdiction

1. The petitions for revocation of a resolution of the Shareholder general assembly, a resolution of the Member assembly according to legislation on enterprise.

2. The petitions related to the resolution of disputes by Vietnamese commercial arbitrators under law regulations on commercial arbitration.

3. The petitions for arrest of aircrafts, seagoing vessels according to law on Vietnamese civil aviation, Vietnamese maritime, except for cases where aircrafts/vessels must be arrested serving lawsuit settlement.

4. The petitions for recognition and enforcement in Vietnam of foreign courts' judgments or decisions on business or commercial matters, or non-recognition of foreign courts' judgments or decisions on business or commercial matters, which are not requested to be enforced in Vietnam.

5. The petitions for recognition and enforcement in Vietnam of foreign arbitrators' award on business or commercial matters.

6. Other petitions relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 32. Labor disputes falling under the courts' jurisdiction

1. Individual labor disputes between employees and employers, which have been mediated through mediation procedures of labor mediators but the involved parties fail to comply with mediation results, or which cannot be mediated or are not mediated within the law- established time limit, except the following disputes which must not necessarily be mediated through mediation procedures:

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

b) Disputes over damage compensation or over benefit policy upon termination of labor contracts;

c) Disputes between household servants and their employers;

d) Disputes over social insurance as prescribed in laws on social insurance, over health insurance as prescribed in laws on health insurance, over unemployment insurance as prescribed in laws on employment or over occupational accident insurance and occupational diseases as prescribed in laws on labor hygiene and safety;

dd) Disputes over damage compensation between laborers and enterprises or non-business organizations sending laborers to work overseas under contracts.

2. Collective labor disputes over rights between employee collectives and employers under the labor law which have been settled by chairpersons of the People's Committees of districts but the employee collectives or employers disagree with such decisions or which are not settled by chairpersons of the People's Committees of districts within the prescribed time limit.

3. Labor disputes include:

a) Disputes over vocational training and practice;

b) Disputes over labor outsourcing;

c) Disputes over rights relating to trade union, trade union expenditure;

d) Disputes over labor safety and labor hygiene.

4. Disputes over compensation for illegal strike.

5. Other labor disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 33. Labor petitions falling under the courts' jurisdiction

1. Petitions for declaration of a labor contract/collective bargaining agreement to be invalid.

2. Petitions for consideration of legitimacy of a strike.

3. Petitions for recognition and enforcement in Vietnam of foreign courts' labor judgments or decisions, or for non-recognition of foreign courts' labor judgments or decisions which are not requested to be enforced in Vietnam.

4. Petitions for recognition and enforcement in Vietnam of labor award of foreign arbitrators.

5. Other petitions, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Article 34. Jurisdiction of Courts over particular decisions of agencies/organizations

1. When resolving civil cases, the Courts may revoke particular decisions of agencies or organizations or competent persons of such agencies or organizations in particular cases which are obviously unlawful, infringing upon the rights and legitimate interests of involved parties in these civil cases.

2. Particular decisions specified in clause 1 of this Article are decisions on particular matters that have been issued and applied once to one or a number of particular entities. If the civil cases are related to such decisions, they must be considered in such the same civil cases by the courts.

3. When considering repealing decisions specified in clause 1 of this Article, the Courts shall invite agencies, organizations or competent persons that have issued such decisions to participate in the procedures in the capacity as person with relevant interests and duties.

Agencies, organizations, competent persons who have issued the decisions must participate in the procedures and present their opinions about the particular decisions repealed by the courts.

4. Competence of Courts in charge of civil cases subject to considering the repealing of particular decisions specified in clause 1 of this Article shall be determined according to corresponding provisions in the Law on administrative procedures about competence of People’s Courts of districts/provinces.

Section 2. JURISDICTION OF COURTS OF DIFFERENT LEVELS

Article 35. Jurisdiction of People’s Courts of districts

1. People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of this Code;

b) Disputes over business/trade activities prescribed in clause 1 Article 30 of this Code;

c) Labor disputes prescribed in Article 32 of this Code.

2. People's Courts shall have the jurisdiction to resolve the following petitions:

a) Civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code;

b) Petitions relating to marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Article 29 of this Code;

c) Petitions relating to business/trade activities prescribed in clause 1 and clause 6 Article 30 of this Code;

d) Labor petitions prescribed in clause 1 and clause 5 Article 33 of this Code.

3. Disputes and petitions prescribed in Clauses 1 and 2 of this Article, which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts/competent agencies, shall not fall under the jurisdiction of people's Courts of districts, except for cases specified in clause 4 of this Article.

4. People’s Courts of districts where Vietnamese citizens reside shall be in charge of cancelling illegal marriage, settling divorce petitions and disputes pertaining to rights and obligations of spouses, parents and children, parents and children adoption and guardian relationship between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam according to provisions of this Code and other Vietnam’s law provisions.

Article 36. Jurisdiction of Tribunals of People’s Courts of districts

1. The Civil tribunals of People's Courts of districts shall have the jurisdiction to resolve according to first-instance procedures cases relating to civil, business, trade and labor matters falling under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of this Code.

2. The family and juvenile tribunals of People's Courts of districts shall have the jurisdiction to resolve according to first-instance procedures for cases relating to marriage and family falling under the jurisdiction of the People’s Courts of districts as provided for in Article 35 of this Code.

3. Regarding People’s Courts without a tribunal, the Chief Justice shall take responsibility for conducting adjudication and assigning the Judge to take charge of the cases falling under the jurisdiction of People’s Courts of districts.

Article 37. Jurisdiction of People’s Courts of provinces

1. People's Courts of provinces shall have the jurisdiction to settle according to first-instance procedures the following disputes:

a) Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the district-level people's Courts as provided for in Clause 1 and Clause 4 Article 35 of this Code;

b) Civil, marriage-and family-related, business, trade or labor petitions prescribed in Articles 27, 29, 31 and 33 of this Code, except for petitions falling under the jurisdiction of the district-level people's Courts as prescribed in Clause 2 and Clause 4 Article 35 of this Code;

c) Disputes and petitions prescribed in Clause 3, Article 35 of this Code.

2. The People's Courts of provinces shall have the jurisdiction to resolve according to first-instance procedures the civil cases falling under the jurisdiction of the People's Courts of districts as provided for in Article 35 of this Code, which are taken up by the People's Courts of provinces for settlement when necessary or at the request of People’s Courts of districts.

Article 38. Jurisdiction of Specialized tribunals of People’s Courts of provinces

1. Civil tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the civil disputes/petitions falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the civil judgments/decisions of People’s Courts of districts that are not legally effective which are appealed against according to regulations in this Code.

2. Family and juvenile tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the disputes/petitions relating to marriage and family falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the judgments/decisions relating to marriage and family of People’s Courts of districts that are not legally effective which are appealed against according to regulations in this Code.

3. Economic tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the disputes/petitions relating to business and trade falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the judgments/decisions relating to business and trade of People’s Courts of districts that are not legally effective are appealed against according to regulations in this Code.

4. Labor tribunals of People’s Courts of provinces shall have the jurisdiction to:

a) Resolve according to first-instance procedures the labor disputes/petitions falling under the jurisdiction of People’s Courts of provinces specified in Article 37 of this Code;

b) Resolve according to appellate procedures the cases where the labor judgments/decisions of People’s Courts of districts that are not legally effective which are appealed against according to regulations in this Code.

Article 39. Territorial jurisdiction of courts

1. Territorial jurisdiction of Courts to settle civil lawsuits shall be determined as follows:

a) The Courts of the localities where the defendants reside or work, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations, shall have the jurisdiction to settle according to first-instance procedures for civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

b) The involved parties shall have the right to agree with each other in writing to petition the Courts of the localities where the plaintiffs reside or work, applicable to plaintiffs being individuals, or where the plaintiffs are headquartered, applicable to plaintiffs being agencies or organizations, to settle civil, marriage and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code;

c) Disputes over real estates must be settled by Courts where such real estates are located.

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

a) The Courts of the areas where persons who are to be declared to be incapable of civil acts or having limited capacity of exercise or having limited cognition or behavior control reside or work shall have the jurisdiction to resolve such petitions;

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

c) The Courts of the areas where the persons petition to repeal the declaration of being incapable of civil acts or having limited capacity of exercise or having limited cognition or behavior control reside or work shall have the jurisdiction to repeal such declaration.

The Court which has issued a decision to declare a person missing or dead shall have the jurisdiction to resolve petitions to revoke its decision;

d) The Courts of the areas where the persons who are obliged to execute foreign courts’ civil, marriage and family, business, trade, or labor judgments or decisions reside or work, applicable to judgment debtors being individuals, or where the judgment debtors are headquartered, applicable to judgment debtors being agencies or organizations, or where exists the property relating to the enforcement of such judgments or decisions of foreign courts, shall have the jurisdiction to resolve petitions for recognition and enforcement of foreign courts' civil, marriage and family, business, trade or labor judgments or decisions in Vietnam;

dd) The Courts of the areas where the petition senders reside or work, applicable to individuals, or where the petition senders are headquartered, applicable to agencies or organizations, shall have the jurisdiction to settle petitions for non-recognition of foreign courts' civil, marriage and family, business, trade or labor judgments or decisions, which are not requested to be enforced in Vietnam;

e) The Courts of the areas where the persons who are obliged to execute award of foreign arbitrators reside or work, applicable to judgment debtors being individuals, or where the judgment debtors are headquartered, applicable to judgment debtors being agencies or organizations, or where exists the property relating to the enforcement of foreign arbitrators' award, shall have the jurisdiction to resolve the petitions for recognition and enforcement in Vietnam the award of foreign arbitrators;

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

h) The Court of the area where one of the parties to a voluntary divorce, agreed child custody or property division resides or works shall have the jurisdiction to resolve the petition for recognition of the voluntary divorces and the agreement on child custody and property division upon divorces;

i) The Court of the area where one of the parties that petitions the Court to recognize their agreement on change of post-divorce child custodian resides or works shall have the jurisdiction to resolve that petition.

If the agencies, organizations and individuals petition for the change of post-divorce child custodian, the Court where the child resides shall have the jurisdiction to resolve that petition;

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

l) The Court of the area where an adoptive parent or adopted child resides or works shall have the jurisdiction to resolve a petition to terminate the child adoption;

m) The Courts of the area where notary organization which have performed notarization are located shall have the jurisdiction to settle the petitions for declaration of notarized documents to be invalid;

n) The Courts of the localities where competent judgment-executing bodies are headquartered or where exist properties related to the judgment enforcement shall have the jurisdiction to settle petitions for determination of property ownership or use rights and for division of common properties for judgment enforcement and other petitions according to provisions of Law on enforcement of civil judgments;

o) The territorial jurisdiction of Courts to settle petitions related to the settlement by Vietnamese commercial arbitrations of disputes shall comply with the law on commercial arbitration;

p) The Courts of the localities where a property is located shall have the jurisdiction to resolve the petitions for recognition of such property to be ownerless in Vietnam’s territory and the petition for recognition of the ownership of the person who currently use such ownerless property;

q) The Courts of the locality where a surrogate mother resides or works shall have the jurisdiction to resolve petitions related to the surrogacy;

r) The Courts of the locality where a person having a common property shall have the jurisdiction to resolve the petitions for recognition of the agreement on termination of effect of the division of common property during the marriage that is conducted according to the judgment/decision of the Courts;

s) The Courts of the locality where the petitioner resides or works shall have the jurisdiction to resolve petitions for recognition of the successful medication at the Court;

t) The Courts of the locality where the petitioner resides or works shall have the jurisdiction to resolve the petitions for declaration of nullification of the agreement on properties of spouses according to legislation on marriage and family; the petitions for determination of father and mother for a child according to legislation on marriage and family;

u) The Courts of the locality where a headquarter of a enterprise is located shall have the jurisdiction to resolve the petitions for cancellation of the resolution of the Shareholder general assembly or a resolution of the Member assembly;

v) The Courts of the locality where a labor contract/collective bargaining agreement is concluded shall have the jurisdiction to resolve the petitions for declaration of such labor contract/collective bargaining agreement to be invalid;

x) The Courts of the locality where a strike occurs shall have the jurisdiction to resolve the petitions for determination of the lawfulness of the strike;

y) The territorial jurisdiction of the Courts in resolving the petition for arrest of aircrafts/vessels shall comply with regulations in Article 421 of this Code.

3. If a civil lawsuits has been accepted by a Court and is being resolved according to regulations of this Code on the territorial jurisdiction of Courts but the residence, headquarter or transaction place of the involved parties is changed, such civil lawsuits shall be continuously resolved by that Court.

Article 40. Jurisdiction of Courts selected by plaintiffs or petitioners

1. The plaintiffs shall have the right to select Courts for resolution of civil, marriage and family-related, business, trade or labor disputes in the following cases:

a) If the plaintiff does not know where the defendant resides or works or where his/her head-office is located, the plaintiff may petition the Courts of the area where the defendant last resides or works or where the head-office of the defendant is last located or where the defendant' properties are located to settle the case;

b) If the dispute arises from the operation of a branch of an organization, the plaintiff may petition the Court of the area where the organization's head-office is located or where its branch is located to settle it;

c) If the defendant does not have residence place, work place or head-office in Vietnam or the case is related to disputes over alimonies, the plaintiff may petition the Court of the area where he/she resides or works to settle the case;

d) If the dispute is over compensation for non-contractual damage, the plaintiff may petition the Court of the area where he/she resides, works or where his/her headquarter is located or where the damage is caused to settle the case;

dd) If the dispute is over compensation for damage or allowance upon termination of a labor contract, over social insurance, the rights and/or interests in relation to job, wages, income and other working conditions for the laborers, the plaintiff being a laborer may petition the Court of the area where he/she resides or works to settle it;

e) If the dispute arises from the employment of labor by a sub-contractor or a mediator, the plaintiff may petition the Court of the area where his/her actual employer resides, works or is headquartered or where the sub-contractor or the mediator resides or works to settle it;

g) If the dispute arises from a contractual relation, the plaintiff may petition the Court of the area where the contract is performed to settle the case;

h) If the defendants reside, work or are headquartered in different places, the plaintiff may petition the Court of the area where one of the defendants resides or works or is headquartered to settle the case;

i) If the dispute is over immovables which exist in different localities, the plaintiff may request the Court of the area where one of such immovables exist to settle the dispute.

2. The petitioners may select Courts to settle their marriage and family-related petitions in the following cases:

a) Regarding civil petitions prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of Article 27 of this Code, the petitioners may ask the Courts of the areas where they reside, work or are headquartered to resolve them;

b) Regarding petitions for revocation of illegal marriages provided for in Clause 1 Article 29 of this Code, the requesters may ask the Courts of the areas where an involved party of illegal marriage registration resides to resolve them;

c) Regarding petitions for restriction of rights of fathers or mothers towards their minor children or their right to visit the children after the divorces, the petitioners may ask the Courts of the areas where the children reside to resolve them.

Article 41. Transferring civil cases to other courts; settlement of disputes over jurisdiction

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

The involved parties and relevant agencies, organizations and individuals may make complaints, the Procuracy may submit recommendation for such decision within 03 working days from the day on which the decision is received. Within 03 working days from the day on which the complaint or the recommendation is received, the Chief Justice of the Court that issued the decision to transfer the civil cases must resolve the complaint/recommendation. The decision of the Chief Justice shall be the final decision.

2. Disputes over the jurisdiction of People’s Court of districts in the same province shall be settled by the Chief Justice of the People’s Court of province.

3. Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of the Collegial People’s Court shall be settled by the Chief Justice of the High People's Court.

4. Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of different Collegial People’s Courts shall be settled by the Chief Justice of the Supreme People's Court.

Article 42. Joining or separating cases

1. A Court may join two or more cases which it has separately accepted to a single case to resolve if the joinder and resolution in the same case ensure the law compliance.

Regarding cases where multiple persons filing the same petitions for lawsuits against the same individuals or agencies/organizations, the Courts may gather their petitions to resolve in the same cases.

2. A Court may separate a case with different claims into two or more cases if the separation and resolution of the separated cases strictly comply with law.

3. Upon the case merger or separation prescribed in Clauses 1 and 2 of this Article, the Courts which have accepted the petitions must issue decisions and send them immediately to the procuracies of the same level, the involved parties and relevant agencies, organizations and individuals.

Section 3. RESOLUTION OF CIVIL CASES WITHOUT LAW PROVISIONS TO APPLY

Article 43. Rules for determining jurisdiction of Courts in cases where there is no law provisions to apply

Jurisdiction of Courts in acceptance and resolution of civil cases in cases where there is no law provisions to apply shall comply with regulations in Article 35 to 41 of this Code.

Article 44. Order, procedures for acceptance and resolution of civil cases without law provisions to apply

Order and procedures for acceptance and resolution of civil cases in cases where there is no law provisions to apply shall comply with provisions of this Code.

Section 45. Rules for resolving civil cases without law provisions to apply

1. The application of custom shall be conducted as follows:

The Courts shall apply custom to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases. The custom must not be contrary to basic rules of civil legislation specified in Article 3 of the Civil Code.

When petitioning Courts to resolve civil cases, involved parties may adduce customs to request the Courts to apply.

Courts shall verify the applicability of the customs, ensuring the compliance with provisions of Article 5 of the Civil Code.

If involved parties adduce different customs, the ones accepted at the places where the civil cases occur shall prevail.

2. The application of law provisions in the same matters shall be conducted as follows:

The Courts shall apply law provisions applicable to the same matters to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases as prescribed in Article 5 of the Civil Code and clause 1 of this Article.

When applying law provisions applicable to the same matter, the Court shall determine clearly the legal nature of the civil cases, determine clearly that in current legal system there is no legal provisions cover such relationship and determine legal provisions cover similar civil relationship.3. Basic rules of civil law provisions, precedents and the justice shall be applied as follows:

Courts shall apply basic rules of civil law provisions, precedents and the justice to settle civil cases when the application of law provisions applicable to the same matters as prescribed in Article 5 and clause 1 Article 6 of the Civil Code and clauses 1 and 2 of this Article is not available.

Basic rules of civil law provisions are specified in Article 3 of the Civil Code.

Precedents shall be studied and applied in the resolution of civil cases after being selected by the Council of Judges of the Supreme People’s Court and announced by the Chief Justice of the Supreme People’s Court.

The justice shall be determined on the basis of the reasons admitted by everyone, conformable with the principle of being humanitarian, unbiased and equal in rights and obligations of involved parties in such civil cases.

Chapter IV

CIVIL PROCEEDING AUTHORITIES, CIVIL PROCEDURE -PRESIDING OFFICERS AND REPLACEMENT OF CIVIL PROCEDURE –PRESIDING OFFICERS

Article 46. Civil proceeding authorities, proceeding officers

1. The civil proceeding authorities include:

a) The Court;

b) The Procuracy.

2. The civil proceeding officers include:

a) The Chief Justices, Judges, People’s Jurors, ombudspersons and Court clerks;

b) The Chairpersons of the Procuracies, the Procurators, the Inspectors.

Article 47. Tasks and powers of the courts' Chief Justices

1. The court's Chief Justice shall have the following tasks and powers:

a) To organize the resolution of civil cases falling under the jurisdiction of the Court; ensuring the principle that the Judge and the Juror carry out the adjudication separately and comply with law;

b) To decide on the assignment of Judges to accept the civil cases, Judges to resolve civil cases, People’s Jurors to participate in trial panels to hear civil lawsuits; and to decide on the assignment of ombudspersons, Court clerks to conduct procedures for civil cases, ensuring the principle prescribed in clause 2 Article 16 of this Code;

c) To decide on the replacement of Judges, People’s Jurors, Ombudspersons and/or Court clerks before the opening of Court sessions;

d) To decide on the replacement of expert-witnesses and/or interpreters before the opening of Court sessions;

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

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

g) To file appeals according to the cassation or reopening procedures against legally-effective Court judgments or decisions according to the provisions of this Code or request the competent Chief Justice to consider the appeal according to the cassation or reopening procedures against legally-effective Court judgments or decisions.

h) To request competent agencies to consider amending or repealing a legislative document if such document is discovered denoting against constitutions, laws, resolutions of National Assembly, ordinances, resolutions of the Standing committee of the National Assembly, superior legislative documents of regulatory agencies as prescribed in this Code;

i) To resolve the acts obstructing the civil procedures as prescribed in law;

k) To perform the tasks and powers prescribed in law.

2. When the Chief Justice is absent, a Deputy-Chief Justice shall be authorized by the Chief Justice to perform the Chief Justice's tasks and powers, excluding the right to file appeals prescribed in point g Clause 1 of this Article. The Deputy-Chief Justice shall be answerable to the Chief Justice for the authorized tasks and powers.

Article 48. Tasks and powers of Judges

As assigned by the Court’s Chief Justice, the Judges shall have the following tasks and powers:

1. To proceed the application for initiating lawsuits and the petitions and accept the civil cases according to regulations in this Code;

2. To file the dossier of civil cases;

3. To collect and verify the evidence, to hold Court sessions and meetings to resolve civil cases according to regulations in this Code;

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

5. To decide to suspend or terminate the resolution of civil cases and decide to continue the resolution of the civil cases;

6. To provide explanation and guidance for involved parties so that they can exercise the right to apply for legal assistant according to law on legal assistance;

7. To hold meetings for checking the handover of, access to and disclosure of evidences and mediating and issue decisions on recognition of the agreements between involved parties according to provisions of this Code;

8. To decide to bring civil lawsuits to Court for trial, or bring civil matters for resolution;

9. To convene people to a trial or a meeting;

10. To work as the chairperson or to participate in adjudicating civil lawsuits and resolving civil matters;11. To request the Court’s Chief Justice to assign ombudspersons to assist the conduct of civil proceedings according to the provisions of this Code;

12. To discover and request the Court’s Chief Justice to request competent agencies to consider amending or repealing a legislative document discovered denoting against constitutions, laws, resolutions of National Assembly, ordinances, resolutions of the Standing committee of the National Assembly, superior legislative documents of regulatory agencies as prescribed in this Code;

13. To resolve the acts obstructing the civil procedures as prescribed in law;

14. To conduct other proceedings when resolving civil cases according to the provisions of this Code.

Article 49. Tasks and powers of People’s Jurors

As authorized by the Court’s Chief Justice, the People’s Jurors shall have the following tasks and powers:

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

2. To request the Chief Justices and/or Judges to issue necessary decisions according to their respective competence;

3. To participate in the trial panel of civil lawsuits;

4. To conduct proceedings and take equal power to the Judge in voting on issues falling within the trial panels' jurisdiction.

Article 50. Tasks and powers of ombudspersons

As assigned by the Court’s Chief Justice, the inspectors shall have the following tasks and powers:

1. To conduct inspection of dossiers of civil cases subject to reconsideration in court’s judgments and decisions according to the cassation or reopening procedures.

2. To make conclusion about the inspection and the inspection results and propose solutions for the civil cases to the Court’s Chief Justice;

3. To collect materials and evidences relevant to the civil cases as prescribed in this Code;

4. To assist the Judge to conduct civil proceedings according to the provisions of this Code;

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

Article 51. Tasks and powers of Court clerks

As assigned by the Court’s Chief Justice, the Court clerks shall have the following tasks and powers:

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

2. To announce the rules of Court sessions;

3. To check and report to the trial panels the list of those summoned to Court sessions;

4. To write up a minute of the Court session, the meeting and the minute of statements of the involved parties in the civil procedures;

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

Article 52. Cases where proceeding officers must refuse to conduct the procedures or be replaced

The proceeding officers 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 proceedings in the capacity as defense counsels of the legitimate rights and interests of involved parties, witnesses, expert-witnesses or interpreters in the same case;

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

Article 53. Replacing Judges or People’s Jurors

Judges and/or People’s Jurors must refuse to conduct the civil procedures or be replaced in the following cases:

1. In one of the cases prescribed in Article 52 of this Code;

2. They are in the same trial panel and have a close relationship with one another; in this case, only one person is allowed to participate in the civil procedures;

3. They participated in first-instance, appellate, cassation or reopening procedures in the resolution of such civil cases and have issued first-instance judgments, appellate judgments/decisions, cassation or reopening decisions, civil matter resolving decisions, decisions to terminate the resolution of civil cases or decisions to recognize the agreement between involved parties; if such persons are members of the Council of Judges of the Supreme People’s Court or Committees of Judges of Collegial People’s Courts, they shall be allowed to participate in the resolution of such cases according to cassation/reopening procedures;

4. They have acted as proceeding officers in such cases in the capacity as the ombudsperson, the Court clerk, the prosecutor or the inspector.

Article 54. Replacement of Court clerks, ombudspersons

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

1. In one of the cases prescribed in Article 52 of this Code;

2. They have acted as proceeding officers in such cases in the capacity as the Judge, People’s Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector;

3. They are relatives of one of other proceeding officers in the case.

Article 55. Procedures for refusal to conduct the civil proceedings and procedures for request for replacement of Judges, People’s Jurors, Ombudspersons, Court clerks

1. The refusal to conduct the civil proceedings and the request for the replacement of the Judges, People’s Jurors, Ombudspersons, Court clerks before the opening of Court sessions/meetings must be made in writing, clearly stating the reason(s) and grounds therefor.

2. The refusal to conduct the civil proceedings and the request for the replacement of persons specified in clause 1 of this Article in Court sessions/meetings must be recorded in the minutes of the meetings.

Article 56. Decision on the replacement of Judges, People’s Jurors, Ombudspersons and/or Court clerks

1. Before the opening of Court sessions, the replacement of Judges, People's Jurors, Ombudspersons and/or Court clerks shall be decided by the Chief Justice. If the to be-replaced Judge is the court’s Chief Justice, the competence to decide shall be adjusted as follows:

a) The replacement of Judges being Chief Justice of People’s Courts of districts shall be decided by the Chief Justices of People’s Courts of provinces;

b) The replacement of Judges being Chief Justice of People’s Courts of provinces shall be decided by the Chief Justices of Collegial People’s Courts having territorial competence towards such People’s Courts of provinces;

c) The replacement of Judges being Chief Justice of Collegial People’s Courts shall be decided by the Chief Justices of Supreme People’s Courts.

2. In Court sessions, the replacement of Judges, People’s Jurors, Ombudspersons or Court clerks shall be decided by the trial panels after listening to the opinions of the persons requested to be replaced. The trial panels shall discuss matters in the deliberation rooms and make decisions by majority. The decision on postponement of the Court session for the replacement of Judges, People’s Jurors, ombudspersons and/or Court clerks shall be decided by the trial panels. The appointment of other Judges, People’s Jurors, ombudspersons and/or Court clerks as the replacement shall be decided by the courts' Chief Justices. If the to be-replaced person is the court’s Chief Justice, the competence to decide shall conform to regulations in clause 1 of this Article.

3. The replacement of Judges and/or Court Clerks when processing the civil matters shall comply with regulations in clause 1 and clause 2 Article 368 of this Code.

4. Within 03 working days from the day on which the Court session/meeting is postponed, the court’s Chief Justice shall assign the replacing persons.

Article 57. Tasks and powers of procuracy chairpersons

1. When supervising the law observance in the civil proceedings, the procuracy chairperson shall have the following tasks and powers:

a) To organize and direct the work of supervising law observance in civil proceedings;

b) To decide on assignment of procurators to supervise law observance in civil proceedings, to participate in Court sessions for adjudication of civil lawsuits, sessions/meetings for resolution of civil matters according to the provisions of this Code; to decide on assignment of inspectors to carry out the civil procedures for civil cases, ensuring the principle specified in clause 2 Article 16 of this Code;

c) To decide on replacement of procurators or inspectors;

d) To appeal according to appellate, cassation or reopening procedures against Courts judgments or decisions according to the provisions of this Code;

dd) To make requests, proposals according to regulations in this Code;

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

g) To perform the tasks and powers prescribed in law.

2. When the Procuracy Chairperson is absent, a deputy-procuracy chairperson shall be authorized by the Chairperson to perform his/her tasks and powers, except for the power prescribed in point d clause 1 of this Article. The Deputy-procuracy chairperson shall be answerable to the procuracy chairperson for the authorized tasks and powers.

Article 58. Tasks and powers of procurators

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

1. To investigate the return of the petition;

2. To investigate the acceptance and resolution of civil cases;

3. To study the case files; request the Court to verify and collect evidences during the resolution of civil cases according to provisions of this Code; collect materials and evidences according to regulations in clause 6 Article 97 of this Code;

4. To attend Court sessions/meetings and express opinions of procuracies about the resolution of cases according to provisions of this Code;

5. To inspect judgments/decisions of courts;

6. To request Courts to conducted procedural activities as provided for in this Code;

7. To request competent Chairpersons of procuracy to appeal against judgments/decisions of Courts that is contrary to law;

8. To control the procedural activities of participants; to request competent agencies and organizations to handled violations of participants in procedures against law;

9. To perform other civil procedural tasks and powers falling within competence of procuracies as prescribed in this Code.

Article 59. Tasks and powers of inspectors

When assigned to conduct the civil procedures, the inspectors shall have the following tasks and powers:

1. To study the case files and report the results to procurators;

2. To file civil case inspection files according to the assignment of procurators or chairpersons of procuracies;

3. To assist procurators to conduct inspection of the compliance with law provisions in civil procedures.

Article 60. Replacement of procurators/inspectors

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

1. In one of the cases prescribed in Article 52 of this Code;

2. They have acted as proceeding officers in such cases in the capacity as the Judge, People’s Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector.

Article 61. Procedures for refusal to conduct the civil proceedings and procedures for request for replacement of the procurators/inspectors

1. Before the opening of Court sessions, the refusal to conduct the civil proceedings and the request for the replacement of the procurators must be made in writing, clearly stating the reason(s) and grounds therefor.

The refusal to conduct the civil proceedings and the request for the replacement of the inspectors must be made in writing, clearly stating the reason(s) and grounds therefor.

2. At the Court session, the refusal to conduct the procedures or the request for the replacement of the procurators must be recorded in the minutes of the Court sessions.

Article 62. Decision on replacement of procurators or inspector

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

The replacement of the inspectors shall be decided by the procuracy chairpersons at the same level.

2. In Court sessions, the replacement of procurators shall be decided by the trial panels after listening to the opinions of the to be-replaced persons. The trial panels shall discuss matters in the deliberation rooms and make decisions by majority.

The decision on postponement of the Court session for the replacement of procurators shall be decided by the trial panels. The appointment of procurators as the replacement shall be decided by the chairpersons of the procuracies of the same level. If the to be-replaced procurators are chairpersons of the procuracies, their replacement shall be decided by the chairpersons of the immediate superior procuracies.

3. The replacement of procurators when processing the civil matters shall comply with regulations in clause 3 Article 368 of this Code.

4. Within 03 working days from the day on which the Court session/meeting is postponed, the procuracy chairperson shall assign the replacing persons and send the Court a written notification.

Chapter V

COMPOSITION OF PANELS FOR RESOLUTION OF CIVIL CASES

Article 63. Panel for first-instance trial over civil lawsuits

The panel for first-instance trial over civil lawsuits shall be composed of one Judge and two People’s Jurors, except for cases specified in Article 65 of this Code. In special cases, the first-instance trial panel may consist of two Judges and three People’s Jurors.

If the case involves minor people, People’s Jurors being people who are working at Communist Youth Union of Ho Chi Minh City, Vietnam Women’s Union, family affair authorities, children affair authorities must participate in the first-instance trial panel.

Regarding labor cases, People’s Jurors being people who have worked or are working in a employee collective’s representative organization or people having knowledge in labor law shall participate in the first instance trial panel.

Article 64. Panel for appellate trial over civil lawsuits

The panel for appellate trial over civil lawsuits shall be composed of three Judges, except for cases specified in Article 65 of this Code.

Article 65. Adjudication of civil lawsuits under simplified procedures

The first-instance trial, appellate trial procedures for civil lawsuits under simplified procedures shall be conducted by one Judge.

Article 66. Panel for cassation or reopening trial over civil lawsuits

1. The Committee of Judges of Collegial People’s Court shall carry out the cassation or reopening trial through a trial panel including 3 Judges or the whole of the Committee of Judges of Collegial People’s Court.

2. The Council of Judges of the Supreme People’s Court shall carry out the cassation or reopening trial through a trial panel including 5 Judges or all of Judges of the Supreme People’s Court.

Article 67. Arrangements for resolution of civil matters

1. The civil, marriage and family, business, trade or labor petitions prescribed in Clause 5 of Article 27, Clause 9 of Article 29, Clauses 4 and 5 of Article 31, and clauses 2, 3 and 4 Article 34 of this Code or the appeals against civil matter-settling decisions shall be settled by a board of three Judges.

2. The civil, marriage and family, business, trade or labor petitions which do not fall within the cases prescribed in Clause 1 of this Article shall be settled by one Judge.

3. Arrangement for resolution of business or trade petitions prescribed in Clause 2, Article 31 of this Code shall comply with law regulations on commercial arbitration.

Chapter VI

PARTICIPANTS IN CIVIL PROCEDURES

Section 1. INVOLVED PARTIES IN civil cases

Article 68. Involved parties in civil cases

1. The involved parties in civil lawsuits are agencies, organizations and individuals, including the plaintiffs, the defendants and the persons with related interests and obligations.

The involved parties in civil matters are agencies, organizations and individuals, including the persons petitioning settlement of civil matters and persons with related interests and obligations.

2. The litigator in a civil lawsuit is the person that initiates lawsuit or the person for whom the other agencies, organizations and individuals prescribed by this Code initiates the lawsuit to request the Court to resolve the civil lawsuit when he/she holds that the legitimate rights and interests of that person have been infringed upon.

Agencies and organizations prescribed by this Code, which initiate civil lawsuits to request Courts to protect the public interests, the State's interests in the domains under their respective charges are also plaintiffs.

3. The defendant in a civil lawsuit is the person against whom the plaintiff initiates a lawsuit or the other agencies, organizations and individuals prescribed by this Code initiates a lawsuit to request the Court to resolve the civil lawsuit when they holds that the legitimate rights and interests of the plaintiff have been infringed upon by such person.

4. The persons with related interests and/or obligations in civil lawsuits are those who neither initiate lawsuits nor are sued, but the resolution of the civil lawsuits is related to their interests and/or obligations and, therefore they themselves, or other involved parties, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by courts.

 Where the resolution of a civil lawsuit is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

5. The persons petitioning the resolution of civil matters are those who petition the Court to or not to recognize a legal event to form the basis for the arising of rights and/or obligations relating to civil issues, marriage and family, business, trade and labor of themselves or of other agencies, organizations and individuals; and/or petition the Court to recognize their rights and/or obligations relating to civil issues, marriage and family, business, trade, labor.

6. The persons with related interests and/or obligations in civil matters are those who do not petition the resolution of civil matters, but the resolution of the civil matters is related to their interests and/or obligations and, therefore they themselves, or other involved parties in the civil matters, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by the Courts.

Where the resolution of a civil matter is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

Article 69. The involved parties' civil procedure law capacity and civil procedure act capacity

1. The civil procedure law capacity means the capability to have the law-prescribed rights and obligations in civil procedures. Every agencies, organizations and individuals shall have the same civil procedure law capacity in petitioning the Court to protect his/her/its legitimate rights and interests.

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 legally incapacitated person or except otherwise provided for by law.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act capacity shall be determined according to the decision of the Court.

4. The involved parties being persons aged under 6 years or persons losing their civil act capacity shall not have the civil procedure act capacity. The exercise of the civil proceeding rights and/or obligations of such persons, the protection of the legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

5. For the involved parties being persons aged between full 6 and under 15 years, the protection of their civil proceeding rights and/or obligations and the protection of legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act rights and/or obligations and the protection of their legitimate rights and interests shall be determined according to the decision of the Court.

6. The involved parties being persons aged between full 15 years and under 18 years, who have worked under labor contracts or involved in civil transactions with their own properties shall have the right to participate in civil procedures themselves regarding matters related to such labor or civil relations. In such cases, the Court shall have the right to summon their lawful representatives to participate in the procedures. For other matters, the exercise of the civil proceeding rights and/or obligations of such persons at Courts shall be performed by their lawful representatives.

7. The involved parties being agencies, organizations shall participate in civil procedures through their lawful representatives.

Article 70. Rights and obligations of the involved parties

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

1. To respect courts, and strictly observe the court's rules;

2. To advance Court fees and charges and pay Court fees and charges and other expenses as prescribed by law;

3. To provide sufficiently and accurately address of their residence/work place; during the resolution of cases, any change of address of residence/workplace shall be promptly notified other involved parties and the Court;

4. To maintain, modify, supplement or withdraw their petitions in accordance with this Code;

5. To supply materials and evidences; to prove to protect their legitimate rights and interests;

6. To petition agencies, organizations and individuals that are keeping or managing materials and evidences to supply such materials and evidences to them;

7. To petition the Court to verify and collect materials and evidences of the cases which they cannot perform themselves; petition the Court to request other involved parties to present materials and evidences they are keeping; petition the Court to issue the decision to request the agencies, organizations and individuals that are keeping and managing the materials/evidences to supply such materials and evidences; request the Court to summon witnesses, to ask for expertise, evaluation or price appraisal;

8. To read and take notes, make photocopies of materials and evidences produced by other involved parties or collected by courts, except for materials and evidences specified in clause 2 Article 109 of this Code;

9. To send other involved parties or their lawful representatives photocopies of the petition and materials and evidences, excluding evidences and materials that other involved parties have been provided with as prescribed in clause 2 Article 109 of this Code.

For cases where the photocopies of lawsuit petition, materials and evidences cannot be made due to good and sufficient reasons, they may request the Court to assist;

10. To request Courts to decide on the application, change or cancellation of the application of provisional emergency measures;

11. To reach agreement with one another on the resolution of cases: to participate in mediation conducted by courts;

12. To receive regular notices for the exercise of their rights and obligations;

13. To protect by themselves or ask other persons to protect their legitimate rights and interests;

14. To petition the replacement of civil proceeding officers or participants in civil procedures in accordance with this Code;

15. To participate in the Court sessions according to the provisions of this Code;

16. To be present according to Court summons and abide by Court decisions during the settlement of their cases;

17. To ask the Courts to summon persons with related interests and obligations to participate in civil procedures;

18. To ask Courts to suspend the settlement of their cases in accordance with this Code;

19. To make questions to other persons on matters related to the cases or to propose to Courts matters which need to be questioned on other persons; to confront each other or witnesses;

20. To argue in Court sessions, to present argument about assessment of the evidence and the applied law provisions;

21. To be provided with extracts of Court judgments, judgments or decisions;

22. To appeal against or complain about Court judgments or decisions in accordance with Code;

23. To ask competent persons to appeal according to cassation or reopening procedures against legally effective judgments or decisions of courts;

24. To strictly abide by legally effective judgments or decisions of courts;

25. To enjoy rights of involved parties in a way that such rights are not misused to obstruct the procedures of Courts and/or other involved parties; to bear the consequences prescribed by this Code if failing to fulfill obligations;

26. To have other rights and obligations prescribed by law.

Article 71. Rights and obligations of the plaintiffs

1. The involved parties' rights and obligations prescribed in Article 70 of this Code.

2. To modify the contents of lawsuit claims; withdraw part or whole of their lawsuit claims.

3. To agree or disagree with part or whole of the counter-claims of defendant, persons with related interests and/or obligations who have independent claims.

Article 72. Rights and obligations of the defendants

1. The involved parties' rights and obligations prescribed in Article 70 of this Code.

2. To be notified by Courts of the lawsuits against them.

3. To agree or disagree with part or whole of the claims of the plaintiff, persons with related interests and/or obligations who have independent claims.

4. To make counter-claims against the plaintiffs if they are related to the plaintiffs' claims or set off the obligations claimed by the plaintiffs. For counter-claims, the defendants shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.

5. To make independent claims for persons with relevant interests and/or obligations and such claims shall relevant to the lawsuit settlement. For independent claims, the defendants shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.

6. If the counter-claims or the independent claims are not accepted by the Court to be resolved in the same case, the defendant may initiate another lawsuit.

Article 73. Rights and obligations of the persons with related interests and/or obligations

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

a) The rights and obligations prescribed in Article 70 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 and such independent claims are related to the lawsuit settlement, they shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code. If different independent claims are not accepted by the Court to be resolved in the same case, the persons with related interests and/or obligations may initiate another lawsuit.

3. If the persons with related interests and/or obligations participate in the procedures on the side of the plaintiff or only have interests, they shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.

4. If the persons with related interests and/or rights participate in the procedures on the side of the defendants or only have obligations, they shall have the defendants' rights and obligations prescribed in Article 72 of this Code.

Article 74. Inheritance of procedural rights and obligations.

1. Where the involved parties being individuals die while participating in the procedures and their property rights and obligations are inherited, their heirs shall participate in the procedures.

2. Where the involved parties being agencies or organizations have to terminate their operations or to be dissolved, consolidated, merged, divided, separated or organizationally transformed while participating in the procedures, the inheritance of their procedural rights and obligations shall be determined as follows:

a) Where the organizations that have to terminate their operations or to be dissolved are joint-stock companies, limited liability companies or partnerships, the individuals and/or organizations being members of such organizations or their lawful representatives shall participate in the procedures;

b) Where the agencies, organizations that have to terminate their operations or to be dissolved are regulatory agencies, people's armed force units, political organizations, socio-political organizations, professional and socio-political organizations, social organizations, socio-professional organizations or state-owned enterprises, the lawful representatives of the superior agencies of such agencies/organizations or the lawful representatives of the agencies/organizations which take over the former's rights and obligations shall participate in the procedures;

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 owners of the organizations are changed and the rights and obligations are transferred to the new owners, the new owners shall inherit the procedural rights and obligations.

4. Where the organizations received the rights and obligations according to civil law provisions, such organizations shall inherit the procedural rights and obligation.

5. Where the organizations other than legal persons participate in the procedures but their representatives or managers die, such organizations shall have to appoint other persons as their representatives to participate in the procedures; if such organizations fail to appoint representatives or have to terminate their operations or to be dissolved, the individuals being members of such organizations shall participate in the procedures.

Section 2. OTHER PARTICIPANTS IN THE PROCEDURES

Article 75. Defense counsels of involved parties' legitimate rights and interests

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

2. The following persons can act as defense counsels of the involved parties legitimate rights and interests when they were asked by the involved parties and have been accepted by Courts to participate in the procedures to protect the involved parties’ legitimate rights and interests:

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

b) Legal aid officers or persons participating in legal aid under the law on legal aid;

c) Representatives of employee collective’s representative organizations who are defense counsels of employee’s legitimate rights and interests in labor cases according to legislation on labor and trade union;

d) Vietnamese citizens who have full civil act capacity, have clean criminal records or have been expunged convictions, who do not fall into the cases subject to the application of administrative handling measures; who are not cadres or civil servants in the Court or procuracy sector, officers or non-commissioned officers in the public security force.

3. The defense counsels of the involved parties' legitimate rights and interests can defend the legitimate rights and interests of more than one involved party in the same case, if those persons' legitimate rights and interests do not conflict each other. Many defense counsels of the involved parties' legitimate rights and interests may jointly defend the legitimate rights and interests of one involved party in a case.

4. When applying the Court to carry out the registration procedure for defense counsels of involved parties’ legitimate rights and interests, the applicant shall present the following papers:

a) The lawyers shall present papers according to regulations in the Law on lawyers;

b) Legal aid officers or persons participating in legal aid under the law on legal aid shall present the written appointment for legal aid issued by the organizations providing legal aid and the cards of legal aids or lawyer’s card;

c) Representatives of employee collective’s representative organization shall present the writing that such organizations have appointed them to defend the legitimate rights and interests of the employees/collective labor;

d) Vietnamese citizens satisfying conditions specified in point d clause 2 of this Article shall present the written petitions of the involved parties and their identity papers.

5. After checking papers, if the applicant is satisfactory to act as the defense counsel of the involved parties’ legitimate rights and interests as prescribed in clauses 2, 3 and 4 of this Article, within 03 working days from the day on which the application is received, the Court shall record to the register the defense counsel of the involved parties’ legitimate rights and interests and shall certify the application for defense counsels of the involved parties. If the application is rejected, the Court shall send the applicant a written notification containing the explanation.

Article 76. Rights and obligations of defense counsels of the involved parties' legitimate rights and interests

1. To participate in the procedures right at the time of lawsuit initiation or at any stage in the civil procedures.

2. To collect and supply materials and evidences to courts; to study case files and to take notes, to copy necessary materials in the case files in order to defend the legitimate rights and interests of the involved parties, except for materials and evidences specified in clause 2 Article 109 of this Code.

3. To participate in mediation, Court sessions or make their written defense of the legitimate rights and interests of the involved parties to Courts for consideration.

4. To petition on behalf of the involved parties the replacement of proceeding officers and/or other procedure participants according to the provisions of this Code.

5. To provide involved parties with legal aid related to the defense of their legitimate rights and interests; if they are authorized by the involved parties, they shall receive the papers and procedural documents that are transmitted or notified by the Court on behalf of the involved parties and shall give then to the involved parties.

6. To comply with rights and obligations specified in clauses 1, 6, 16, 17, 18, 19 and 20 of Article 70 of this Code.

7. To have other rights and obligations prescribed by law.

Article 77. Witnesses

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

Article 78. Rights and obligations of witnesses

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, family secrets or such declarations adversely affect or harm the involved parties being their close relatives.

4. To be off duty while the Courts summon them or take their testimonies, if they work in agencies or organizations.

5. To be paid related expenses according to law provisions.

6. To petition the Courts which have summoned them and competent agencies to protect their lives, health, honor, dignity, properties and other legitimate rights and interests when participating in the procedures; to complain about procedural acts of proceeding officers.

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

8. To be present at courts, Court sessions/meetings under the court's summon of the Courts if the witness's testimony must be given publicly at courts, Court sessions/meetings; where witnesses fail to show up in Court sessions/meetings without good and sufficient reasons and their absence obstruct the adjudication/resolution, the Judges, the trial panels or the civil matter resolution council may issue decisions to escort them to Court sessions/meetings, unless the witnesses are minors.

9. To make commitments before Courts to perform their rights and obligations, except for cases where the witnesses are minors.

Article 79. Expert-witnesses

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 called by Courts to expertise the objects in question or at the request of the involved parties according to regulations in Article 102 of this Code.

Article 80. Rights and obligations of expert-witnesses

1. Expert-witnesses shall have the following rights and obligations:

a) To read documents in the case files which are related to the to be-expertised objects; to petition Courts to provide documents necessary for the expertise;

b) To question participants in legal procedures about matters related to the to be - expertised objects;

c) To be present under the courts' summons; present, explain and answer questions related to the expertise and expertising conclusions in an honest, well-grounded and objective manner;

d) To notify the Courts in writing of the impossibility to conduct the expertise as the matters needed to be expertised go beyond their professional capability and/or the documents supplied in service of the expertising are inadequate or unusable;

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

e) Not to arbitrarily collect materials for conducting the expertise nor to contact other participants in the procedures if such contacts effect the expertising results; not to disclose secret information they know while conducting the expertise nor to inform the expertising results to other persons, except for the Judges who decide to request the expertise;

g) To be paid related expenses according to law provisions;

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

2. Expert-witnesses must refuse to take the job or be replaced in the following cases:

a) They fall into one of the cases prescribed in Clauses 1 and 3 of Article 52 of this Code or Article 34 of the Law on judicial expertise;

b) They have participated in the procedures in the capacity as defense counsels of the legitimate rights and interests of the involved parties, as witnesses or interpreters in the same case;

c) They have acted as proceeding officers in such cases in the capacity as the Judge, People’s Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector.

Article 81. Interpreters

1. Interpreters are persons capable of translating a foreign language into Vietnamese and vice versa in cases where procedure participants are unable to use Vietnamese. Interpreters shall be selected by an involved party or under the agreement between involved parties and are accepted or requested by courts.

2. People who understand language of disabled persons or can use language of disabled people are also considered interpreters.

Where only representatives or relatives of disabled persons can understand and use their language, such representatives or relatives may be accepted by Courts to act as interpreters for such disabled persons.

Article 82. Rights and obligations of interpreters

1. Interpreters shall have the following rights and obligations:

a) To be present under courts' summons;

b) To interpret truthfully, objectively and accurately;

c) To request proceeding officers and/or participants to additionally explain their words which need to be interpreted;

d) Not to contact other procedure participants if such contacts affect the truthfulness, objectiveness and accuracy of their interpretation;

dd) To be paid related expenses according to law provisions;

e) To make commitments before Courts to perform their rights and obligations.

2. Interpreters must refuse to take the job or be replaced in the following cases:

a) They fall into one of the cases prescribed in Clauses 1 and 3 of Article 52 of this Code;

b) They have participated in the proceedings in the capacity as defense counsels of the legitimate rights and interests of involved parties, witnesses or expert-witnesses in the same case;

c) They have presided over the procedure in the capacity as the Judge, People’s Jurors, ombudsperson, the Court clerk, the prosecutor or the inspector.

Article 83. Procedures for refusing to give expertise opinions or interpretations or requesting the replacement of expert-witnesses or interpreters.

1. The refusal to give expertise opinions or interpretations or the request for replacement of expert-witnesses or interpreters prior to the opening of Court sessions must be made in writing, clearly stating the reasons therefor.

2. The refusal to give expertise opinions or interpretations or the request for replacement of expert-witnesses or interpreters in Court sessions must be recorded in the minutes of the Court sessions.

Article 84. Deciding on replacement of expert-witnesses, interpreters

1. Prior to the opening of Court sessions, the replacement of expert-witnesses and/or interpreters shall be decided by courts' Chief Justices.

2. In the Court session, the replacement of the expert-witnesses and/or interpreters shall be decided by the Judges, Trial panels, civil matter-resolving councils after listening to the to be-replaced persons. The trial panels and the civil matter-resolving councils shall discuss matters in the deliberation rooms and make decisions by majority.

Where expert-witnesses or interpreters must be replaced, the Judges, the Trial panels or the Civil matter-resolving council shall issue decisions to postpone the Court sessions. The request for other expert-witnesses or interpreters shall comply with the provisions of Articles 79 and 81 of this Code.

Article 85. Representatives

1. The representatives in civil procedures comprise the representatives at law and the proxy representatives. The representatives can be individuals or legal entities as defined in Civil Code

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.

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

3. Employee collective’s representative organizations shall be lawful representatives of collective of employees initiating lawsuits over labor cases, participate in procedures at Courts when legitimate rights and interests of the collective of employees are infringed upon; employee collective’s representative organizations are in charge of representing employees in initiating lawsuits over labor cases and participate in procedures when being authorized by employees.

If multiple employees filing the same claim towards the employer of the same enterprise/unit, such employees may authorize a representative from the employee collective’s representative organization to represent them in initiating lawsuits over labor cases and participate in procedures at the Court.

4. The proxy representatives as defined in the Civil Code shall be the proxy representatives in the civil procedures.

For the divorce, the involved parties must not designate any other persons to participate in the procedure on their behalf. If parents or other relatives of the involved parties petition the Courts to resolve the divorce cases as prescribed in clause 2 Article 51 of the Law on marriage and family, they such be the representatives.

Article 86. Rights and obligations of representatives

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

2. The proxy representatives in civil procedures shall exercise the procedural rights and obligations of the involved parties according to the written authorization.

Article 87. Cases of disallowance to act as representatives

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

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

b) They are acting as representatives at law in civil procedures for other involved parties whose legitimate rights and interests are contrary to those of the represented persons in the same case.

2. The provisions in Clause 1 of this Article shall also apply to the case of proxy representatives in civil procedures.

3. Officials or employees in the court, procuracy or police sectors must not act as representatives in civil procedures, except for cases where they participate in civil procedures in the capacity as representatives of their agencies or as representatives at law.

Article 88. Appointing representatives in civil procedures

1. While civil procedures are conducted, if any involved party is the minor persons, legally incapacitated persons, persons with limited capacity of exercise, persons with limited cognition or behavior control but has no representative or his/her representative at law falls into one of the cases specified in Clause 1, Article 87 of this Code, the Court must appoint the representative to participate in the proceedings at courts.

2. In labor cases where involved parties are those specified in clause 1 of this Article or where the employees are minor persons and they have no representatives and the Courts fail to appoint the employee collective’s representative organization as prescribed in clause 1 of this Article, the Courts shall appoint organization representing collective labor to represent such employees.

Article 89. Termination of the representation in civil procedures

The representatives at law, the proxy representatives in civil procedures shall terminate their representation according to the provisions of the Civil Code.

Article 90. 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 91. Obligations to prove

1. The involved parties who petition the Courts to protect their legitimate rights and interests must collect, introduce and supply the Courts with materials and evidences to prove that such petitions are well-grounded and lawful, except for the following cases:

a) Litigators are customers who are not required to prove faults of organizations and individuals trading goods and/or services Organizations and individuals trading goods/services that are sued shall be obliged to prove that they have no fault that leads to the damage as provided for in the Law on consumers’ right protection;

b) Involved parties being employees in labor cases fail provide or supply the Courts materials and evidences because such materials/evidences are being under the management and retention of employers, thus the employers shall provide and supply such materials and evidences to the Courts.

If an involved party initiating a lawsuit over the unilateral termination of a labor contract in case where the employer is not allowed to have the right to unilaterally terminate the labor contract or where the employer fails to enforce labor discipline on the employee as prescribed in legislation on labor, the obligation to prove must be fulfilled by the employer;

c) Other cases where there are other law regulations on obligations to prove.

2. The involved parties that protest against other persons' claims against them must present in writing and must collect, introduce and supply the Courts with materials and evidences to prove such protests.

3. Agencies, organizations and individuals that initiate lawsuit to protect public interests, the State’s interests, or petition Courts to protect others' legitimate rights and interests must collect, provide and supply the Courts with evidences to prove that their lawsuits or petitions are well-grounded and lawful.

Social organizations that protect interests of the consumers do not have the obligation to prove the faults of organizations/individuals trading goods/services according to the Law on protection of customer’s rights.

4. If the involved parties that are obliged to introduce evidences to prove but fail to introduce evidences or fail to introduce adequate evidences, the Courts shall resolve the civil cases according to the collected evidences in the dossier about the cases.

Article 92. Details and facts that are not required to be proved

1. The following details and facts are not required to be proved:

a) Details and facts that are clear and come to everyone's knowledge and are accepted by courts;

b) Details and facts that have been identified in the Court judgments or decisions which are legally effective or in decisions of competent State bodies which have come into force;

c) Details and facts that have been recorded in writing and have been notarized or authenticated. If there is any suspicion of the objectiveness of such details/facts or the objectiveness of the notarized/authenticated writing, the Judge may request the involved parties or the notarizing/certifying agencies to present the original copies.

2. If either involved party acknowledges or does not protest against the details, facts, materials, conclusions issued by specialized agencies and given by the other involved party, the latter is not required to prove them.

3. If an involved party has a representative to participate in the procedures, that representative's acknowledgement shall be regarded as the acknowledgement of such involved party if it does not exceed the representative scope.

Article 93. Evidences

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

Article 94. Sources of evidence

Evidences are gathered from the following sources:

1. Readable, audible or visible materials, electronic data;

2. Exhibits;

3. Involved parties' testimonies;

4. Witnesses' testimonies;

5. Expertising conclusions;

6. On-site appraisal minutes;

7. Property evaluation and price appraisal results;

8. Written records of legal facts or acts that are formulated by functional persons;

9. Notarized/authenticated documents;

10. Other sources prescribed by law.

Article 95. Identifying evidences

1. Contents-readable materials shall be regarded as evidences if they are originals or copies lawfully notarized or authenticated or supplied and certified by competent agencies or organizations.

2. Audible, visible materials shall be regarded as evidences if they are presented together with documents about the origins of such materials (applicable to materials recorded by the presenting persons themselves) or the documents certified by the one providing such materials for the presenting persons about the origins of those materials or documents related to such audio and/or video recording.

3. Electronic data shall be presented in form of exchange of electronic data, electronic invoices, electronic mails, telegram, telegraphy, facsimile and other similar forms according to legislation on electronic transactions.

4. Exhibits to be regarded as evidences must be the original and related to the cases.

5. Involved parties' testimonies, witnesses' testimonies shall be regarded as evidences if they are recorded in writing or in audio-tapes, audio-discs, or video-tapes or discs or other audio or image recording devices as provided for in Clause 2 of this Article, or are given orally in Court sessions.

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

7. On-site appraisal minutes shall be regarded as evidences if the appraisal is conducted in accordance with the procedures prescribed by law.

8. Property evaluation results and price appraisal results shall be regarded as evidences if the evaluation/appraisal is carried out in accordance with the procedures prescribed by law.

9. Written records of legal facts or acts that are formulated on site by functional persons shall be regarded as evidences if the formulation of such records is carried out according to the procedures prescribed by law.

10. Notarized/authenticated documents shall be regarded as evidences if the notarization/authentication is conducted according to the procedures prescribed by law.

11. Other sources prescribed by law shall be determined to be evidences according to requirements and procedures prescribed by law.

Article 96. Hand-over of materials and evidences

1. During the process of resolving civil cases by courts, the involved parties shall have the rights and obligations to hand over materials and evidences to the courts. If the handed materials/evidences are inadequate to form the base for resolution of the matters/cases, the Judge shall request the involved parties to supplement the materials/evidences. If the involved parties fail to hand over the materials/evidences or do not hand over adequately the materials/evidences requested by the Courts, the Courts shall resolve the civil cases pursuant to the materials and evidences handed over by the involved parties and those collected by the Courts according to regulations in Article 97 of this Code.

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

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

4. Deadline for handing over materials and evidences shall be defined by the Judges in charge of the cases provided that such time does not exceed the duration of preparation for adjudication according to first-instance procedures and/or the duration of preparation for resolution of civil matters according to regulations in this Code.

If the Courts request the involve parties to hand over materials and evidences but the involved parties fail to comply with due to good and sufficient reason and supply the required materials and evidences when decisions to bring the cases to trial according to first-instance procedures and the decisions to hold meetings to resolve the civil matters have been issued, such involved parties must prove the reasons for the lateness of supply of such materials/evidences. Regarding materials and evidences which the Courts did not request the involved parties to supplied or materials and evidences that the involved parties cannot know about during the resolution of the cases according to first-instance procedures, the involved parties may supply and present such materials/evidences in first-instance trial sessions or the meetings for resolving civil matters or later procedural stages of the resolution of such civil cases.

5. When materials and evidences hand over to the Courts, there must be their copies sent to other involved parties or lawful representatives or other involved parties; regarding materials and evidences specified in clause 2 Article 109 of this Code or materials and evidences whose copies cannot be made, written notifications must be sent to other involved parties or lawful representatives of other involved parties.

Article 97. Verification and collection of evidences

1. Agencies, organizations and individuals may collect materials and evidences themselves by taking the following measures:

a) Collecting readable, audible or visible materials, electronic data;

b) Collecting exhibits;

c) Defining witnesses and collecting confirmation of the witnesses;

d) Requesting the agencies, organizations or individuals to allow the copy or to supply the materials related to the resolution of the matters/cases that are kept or managed by such agencies, organizations or individuals;

dd) Requesting the People’s Committees of communes to authenticate the signatures of the witnesses;

e) Requesting the Courts to collect materials and evidences, in case the involved parties cannot do it;

g) Requesting the Courts to issue the decisions on request for expertise or property evaluation;

h) Requesting agencies, organizations and individuals to conduct other tasks as prescribed by law.

2. In cases prescribed by this Code, the Courts may take one or a number of the following measures to collect materials and evidences:

a) Taking testimonies of the involved parties, witnesses;

b) Holding confrontations between involved parties and between involved parties and witnesses;

c) Requesting expertises;

d) Conducting property evaluation;

dd) Conducting on-site inspection and appraisal;

e) Entrusting the collection and verification of documents and evidence;

g) Requesting agencies, organizations and individuals to supply readable, audible and visible materials or other exhibits related to the resolution of civil cases;

h) Verifying the presence or absence of the involved parties at the residence;

i) Other measures according to regulations in this Code.

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

4. In the process of cassation trial, reopening trial, the Ombudspersons may take the measures specified in points a, g and h clause 2 of this Article.

When the ombudspersons take the measures specified in Points g Clause 2 of this Article, the Courts must issue decisions clearly stating the reasons for the application and the request of the courts.

5. Within 03 working days from the day on which the Courts collected the materials/evidences, the Courts shall notify the involved parties of those materials/evidences so that they can exercise their rights and obligations.

6. The procuracy shall collect materials/evidences to ensure the exercise of appeal jurisdiction according to the appellate, cassation trial or reopening trial procedures.

Article 98. 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 petition amendments and/or supplements to be inscribed in the testimony-recording minutes and sign or fingerprint for certification. The minutes must be signed by the persons who take the testimonies, the minute recorders and affixed with court's seals. If the minutes are made in loose pages, each page must be signed and affixed with seal in both margins. In cases where the minutes of taking the involved parties' testimonies are made outside the Court offices, the testimony taking must be certified by witnesses or by the People's Committees or police offices of communes, wards, townships or by agencies or organizations where the minutes are made.

3. The taking of involved parties' testimonies in one of the cases prescribed in Clauses 4 and 5, Article 69 of this Code must be carried out in the presence of the lawful representatives of such involved parties.

Article 99. Taking testimonies of witnesses

1. At the request of the involved parties or when it is deemed necessary, Judges may take testimonies of witnesses at Court offices or outside Court offices.

Before taking testimonies of witnesses, the Judges must provide the witnesses with information about rights and obligations of witnesses and request the witnesses to undertake the truthfulness of their testimonies.

2. The procedures for taking witnesses' testimonies shall be the same as those for taking the involved parties' testimonies provided for in Clause 2, Article 98 of this Code.

3. The taking of testimonies of witnesses aged not full 18 years, or of persons with limited capacity of exercise or persons with limited cognition or behavior control must be carried out in the presence of their representatives at law or guardians.

Article 100. Confrontation

1. At the request of the involved parties 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 101. On-site inspection/appraisal

1. At the request of the involved parties or when it is deemed necessary, the Judges shall carry out on-site inspections/appraisals in the presence of representatives of People’s Committees of communes or Police offices of communes/wards/townships or agencies/organizations where exits the objects which need to be inspected/appraised; the on-site inspections/appraisals must be notified in advance so that the involved parties know and witness such inspections/appraisals.

2. On-site inspections/appraisals must be recorded in minutes. The minutes must clearly state the inspection/appraisal results, clearly describe the sites, contain the signatures of the persons that conduct the inspections/appraisals and the signatures or fingerprints of the involved parties if they are present, of the representatives of the commune-level People's Committees or Police offices of communes/wards/townships or agencies/organizations where exist the to be-inspected/appraised objects and others that are invited to participate in the inspections/appraisals. After completing the minutes, the persons that conduct the inspections/appraisals must request the representatives of the commune-level People's Committees or Police offices of communes/wards/townships or agencies/organizations where exist the objects which need to be inspected/appraised to sign and seal for certification.

3. Any obstruction of the inspection/appraisal is forbidden.

4. If there is any obstruction of the on-site inspection/appraisal, the Judge may request the assistance of People’s Committees of communes or Police offices of communes/wards/townships exist the objects subject to on-site inspection/appraisal.

Article 102. Request for expertise

1. Involved parties may petition Courts to request expertise or request expertise themselves if the involved parties’ applications for referenda for expertise have been rejected by the Courts. The right to apply for expertise shall be exercised before the Courts issued decisions to bring the cases to trial according to first-instance procedures or decisions to hold the meetings for resolving civil matters.

2. At the request of involved parties of when it is deemed necessary, Judges shall decide to conduct referenda for expertise. In decisions to request an expertise, names and addresses of expert-witnesses, objects of expertise, expertise matters and requests that need conclusions of expert-witnesses must be specified.

3. If the expertising conclusions are considered unsatisfactory or contra to law provisions, then according to the petitions of involved parties or when it is deemed necessary, the Courts shall request the expert-witnesses to explain the expertising conclusions, summon the expert witnesses to Court sessions/meetings to directly present about necessary information.

4. At the request of involved parties or when it is deemed necessary, the Courts shall make decisions to conduct referenda for additional expertises if the expertising conclusions are not satisfactory or when new issues relating to details of the cases that have been given expertising conclusions formerly.

5. The re-expertise shall be conducted if there are grounds for presuming that the initial expertise conclusions are inexact and contrary to law or of special cases according to decisions of Chairpersons of the Supreme People’s Procuracy and/or Chief Justices of the Supreme People’s Court according to provisions of the Law on judicial expertise.

Article 103. Requesting expertise of evidences denounced to be forgery

1. Where evidences are denounced to be forgery, the suppliers of such evidences may withdraw them. If not, the denouncers may request the courts, or the Courts decide themselves, to solicit expertises as provided for in Article 102 of this Code.

2. Where the evidence forgery shows criminal signs, the Courts shall transfer the relevant materials and evidences to the competent criminal investigation bodies for consideration according to regulations in laws on criminal procedures.

3. The suppliers of evidences that are concluded to be forged evidences must compensate for damage if the forgery of such evidences causes damage to others and must pay the cost of expertise if the Court decides to request expertise.

Article 104. Property evaluation and price appraisal

1. Involved parties may provide the price of the properties that are being in dispute or reach agreement about the price of the properties that are being in dispute.

2. The parties may reach agreement on the selection of property appraisal organizations to conduct the evaluation of properties and provide the price evaluation results for the Courts.

Properly price appraisal shall be carried out under the law on property price appraisal.

3. Courts shall make decisions on property price assessment and set up Price Assessment Councils in the following cases:

a) At the request of involved parties;

b) Involved parties failed to reach agreement about selection of price assessment organizations or offered prices were different or agreement about prices has not been reached;

c) Parties reach agreements with each other or with price assessment councils the prices which are lower than the market prices of the area where the properties are located at the time of price assessment to evade fulfilling obligations to the State or the third parties or there are grounds proving that the price assessment organizations commit violations against law provisions when conducting price assessment.

4. Procedures for establishment of Price Assessment Council and procedures for price assessment:

a) Price Assessment Councils shall be established by Courts and shall consist of the representatives of financial agencies as the Chairpersons and representatives of relevant specialized agencies as members. Persons who have conducted procedures in such cases and persons specified in Article 52 of this Code must not be members of Price Assessment Councils.

Price Assessment Councils shall conduct assessment only when no members of the Councils are absent. When it is necessary, representatives of People’s Committees of communes where the to be-assessed properties are located shall be invited to witness the assessment. Involved parties shall be priorly notified of time and place of price assessment, shall be entitled to attend and express opinions about the price assessment. Price Assessment Councils shall be entitled to make decisions on prices of the properties which are assessed;

b) Financial agencies and specialized agencies which are relevant shall be responsible for assigning persons to be members of Price Assessment Councils and enable them to fulfill tasks. Persons assigned to be members of Price Assessment Councils shall participate fully the assessment. If financial agencies and/or specialized agencies fail to assign persons to be members of Price Assessment Councils, Courts shall request competent immediate management agencies to direct financial agencies and specialized agencies to fulfill their requests. If persons who are assigned to be members of Prices Assessment Councils are absent without plausible reasons, Courts shall request heads of agencies having assigned such persons shall consider responsibility and appoint replacements and notify the Courts so that the price assessment could be conducted;

c) Price assessment must be recorded into minutes where opinions of each present members and involved parties shall be specified. Decisions of Price Assessment Councils must be approved by more than half of their members. Members of Price Assessment Councils, involved parties and witnesses shall append signatures or fingerprints to the minutes.

5. The re-assessment of property prices shall be conducted when there are grounds for presuming that the results of the first assessment are inexact or unconformable with market prices of places where the properties are located at the time of processing civil lawsuits.

Article 105. Entrusting the collection of evidences

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

2. The entrustment decisions must clearly state the names and addresses of the plaintiffs and the defendants, the disputed relationship and specific entrusted jobs to collect of evidences.

3. The Court that receives the entrustment decision shall have the responsibility to perform the specific assignments within 1 month from the day on which the entrustment decision is received and shall notify in writing the results to the Court that has issued the entrustment decision. In cases where it cannot realize the specific assignments, it must send a written notification of such failure stating clearly the reasons therefor to the Court that has issued the entrustment decision.

4. If the collection of evidences must be carried out overseas, the Courts shall conduct the entrustment procedures through Vietnamese competent agencies or competent agencies of foreign countries that sign International treaty with the Socialist Republic of Vietnam.

5. If the Courts fail to conduct the entrustment as prescribed in clauses 3 and 4 of this Article or the Courts have conducted the entrustment but the results are not sent, the Courts shall lawsuit settlement pursuant to the evidences that have filed in the civil lawsuit dossier.

Article 106. Requesting agencies, organizations and individuals to supply materials and evidences

1. Involved parties may request agencies, organizations and individuals to supply materials and evidences. Any involved parties requesting agencies, organizations and individuals to supply materials and/or evidences shall make a written application clearly stating the to be-supplied materials/evidences; reasons for supply; full names and addresses of individuals, names and addresses of agencies/organizations that are managing or keeping the to be-supplied materials/evidences.

Agencies, organizations or individuals shall supply materials and evidences to involved parties within 15 days from the day on which the requests are received; otherwise, written responses containing explanation shall be made and sent to the requesters.

2. Where the involved parties that have applied necessary measures to gather evidences still fail to gather by themselves, they may request the Courts to issue decision requesting agencies, organizations or individuals keeping or managing the materials/evidences to supply those materials/evidences or request the Courts to collect materials/evidences in order to ensure the proper resolution of civil cases.

The involved parties that request the Courts to gather materials/evidences shall make written applications clearly stating the point(s) to be proved, the evidence to be gathered, the reasons why they cannot gather the evidences by themselves; full names and addresses of the individuals, agencies or organizations that are managing or keeping the evidences which need to be collected.

3. When there are requests of involved parties or when it is deemed necessary, the Courts shall issue decisions requesting agencies, organizations and individuals that are managing or keeping the materials/evidences to supply those materials/evidences to the Courts.

Agencies, organizations and individuals managing or keeping the materials/evidences have the responsibility to supply adequately materials and evidences at the request of the Courts within 15 days from the day on which the requests are received; after such time limit, if such agencies, organizations or individuals fail to supply adequately materials and evidences at the request of the Courts, they shall make written responses containing explanation. Any agencies, organizations or individuals failing to comply with the requests of the Courts without good and sufficient reasons shall be administratively sanctioned or shall face criminal prosecution as prescribed by law, depending on nature and severity of the violations. The administrative penalties or criminal prosecution as prescribed by law imposed on the agencies, organizations or individuals shall not mean the exemption from supply of materials/evidences to the Courts.

4. If the procuracies request the materials/evidences, the agencies, organizations and individuals shall comply with regulations in clause 3 of this Article.

Article 107. Preserving materials and evidences

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

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

3. Where it is necessary to hand over materials/evidences to the third persons for preservation, Judges shall issue decisions and make minutes of the hand-over to those persons for preservation. The persons undertaking the preservation must sign the minutes, be entitled to remuneration and bear the responsibility for preserving such materials/evidences as prescribed by law.

4. Any destruction of materials/evidences shall be strictly forbidden.

Article 108. 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 lawfulness, the relevance and the proving capacity of every evidence.

Article 109. Disclosing and using materials and evidences

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

2. Courts shall not disclose material/evidence contents related to State secrets, fine customs and practices of the nation, professional secrets, business secrets, family secrets or secrets of individuals' private lives at the legitimate requests of the involved parties; however, Courts shall notify the involved parties of the materials/evidences that must not be disclosed.

3. Proceeding officers and procedure participants must keep secret, as provided for by law, materials and evidences specified in Clause 2 of this Article.

Article 110. Protecting evidences

1. Where evidences are being destroyed or are in danger of being destroyed or are hard to be gathered in the future, the involved parties may request the Courts to decide to apply necessary measures to preserve the evidences. The requests of the involved parties must be made in writing. The Courts may decide to apply one or several of the measures including sealing, keeping, photographing, audio-recording, video-recording, restoration, examination, minutes making and other measures.

2. Where witnesses are cheated, threatened, compelled or bought off for the purpose of not supplying evidences or supplying untruthful evidences, the Courts shall have the right to issue decisions to force the persons who have committed acts of cheating, threatening, compelling or buying off the witnesses to terminate their acts. Where the acts show criminal signs, the Courts shall request procuracies to examine the penal liability.

Chapter VIII

PROVISIONAL EMERGENCY MEASURES

Article 111. Right to petition the application of provisional emergency measures

1. During the resolution of civil lawsuits, the involved parties or their lawful representatives or agencies, organizations or individuals instituting the cases defined in Article 187 of this Code may petition the Courts handling such cases to apply one or more provisional emergency measures provided for in Article 114 of this Code to provisionally deal with the urgent petitions of the involved parties, to protect lives, health, properties, gather and protect evidences, preserving their current conditions in order to avoid irrecoverable damage and to ensure the lawsuit settlement or judgment execution.

2. In urgent cases where it is necessary to immediately protect evidences or to prevent possible serious consequences, relevant agencies, organizations and individuals may petition the competent Courts to issue decisions to apply provisional emergency measures prescribed in Article 114 of this Code, simultaneously with the submission of applications to initiate the lawsuits to such courts.

3. The Courts shall issue decisions on their own to apply the provisional emergency measures only in the cases provided for in Article 135 of this Code.

Article 112. Competence to decide on the application, change or cancellation of provisional emergency measures

1. Before the opening of a Court session, the application, change or cancellation of provisional emergency measures shall be considered and decided by a Judge.

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

Article 113. Responsibilities for improper application of provisional emergency measures

1. The persons who petition the Courts to apply provisional emergency measures must be responsible before law for their petitions; Where the petitions 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 to the third persons, the Courts shall have to pay compensation therefor in the following cases:

a) The Courts have applied the provisional emergency measures on their own;

b) The Courts have applied other provisional emergency measures than those petitioned by agencies/organizations/individuals;

c) The Courts have applied the provisional emergency measures beyond the petitions of agencies, organizations and individuals;

d) The Courts have applied the provisional emergency measures unconformably with the time limit prescribed by law or the Courts fail to apply the provisional emergency measures without good and sufficient reasons.

3. The compensation specified in clause 2 of this Article shall comply with regulations in the Law on State compensation liability.

Article 114. Provisional emergency measures

1. Sending minor persons, legally incapacitated persons, person with limited cognition or behavior control to individuals or organizations for looking after, nurturing, taking care of and educating.

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

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 provide the employees with advance wages, health insurance, social insurance, treatment cost for occupational accidents or occupational diseases or compensations, allowances for occupational accidents or occupational diseases.

5. Suspending the execution of decisions on unilateral termination of labor contract or decisions on dismissal of employees.

6. Distraining the disputed properties.

7. Prohibiting the transfer of property right over the disputed properties.

8. Prohibiting the change of the current conditions of disputed properties.

9. Permitting the harvesting, sale of subsidiary food crops or other products, commodities.

10. Freezing accounts at banks or other credit institutions, State treasury; freezing properties at places of their deposit.

11. Freezing properties of the obligor.

12. Prohibiting involved parties from performing, or forcing them to perform certain acts.

13. Prohibiting the obligors from leaving Vietnam.

14. Prohibiting the contact with victims of family violence.

15. Suspending the bid closing and activities related to bidding.

16. Arresting aircrafts or ships to ensure the lawsuit settlement.

17. Other provisional emergency measures provided for by law.

Article 115. Sending minor persons, legally incapacitated persons, person with limited cognition or behavior control to individuals or organizations for looking after, nurturing, taking care of and educating.

The sending of minor persons, legally incapacitated persons, person with limited cognition or behavior control to individuals or organizations for looking after, nurturing, taking care of and educating shall be applied if the resolution of cases involves such persons who have no guardians.

The sending of minors who are from full 7 years old or elder shall be carried out after considering their expectation.

Article 116. Forced prior-performance of part of the alimony obligation

The forced prior-performance of part of the alimony obligation shall be applied if the resolution of cases is related to alimony petitions which are deemed well-grounded and the failure to immediately perform in advance part of the alimony obligation shall affect the health and/or life of the persons entitled to the alimony.

Article 117. 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 be applied if the case resolution is related to petitions for compensation for damage to health or life.

Article 118. Forcing of the employers to provide the employees with advance wages, health insurance, social insurance, treatment cost for occupational accidents or occupational diseases or compensations, allowances for occupational accidents or occupational diseases

Forcing the employers to provide the employees with advance wages, health insurance, social insurance, treatment cost for occupational accidents or occupational diseases or compensations, allowances for occupational accidents or occupational diseases shall be applied to protect the lawful rights and obligations of employees pertaining to wages, insurance, compensation, allowances, healthcare services as prescribed by law.

Article 119. Suspending the execution of decisions on unilateral termination of labor contract or decisions on dismissal of employees

The suspension of the execution of decisions on unilateral termination of labor contract or decisions on dismissal of employees shall be applied if the lawsuit settlement related to the unilateral termination of labor contract, dismissal of employees is of cases the employers are not allowed to execute the right to unilaterally terminate the labor contract or dismiss the employees as prescribed by the legislation on labor.

Article 120. Distraining disputed properties

1. The distraint of disputed properties shall be applied if in the course of settling cases there are grounds showing that the keepers of the disputed properties are committing acts of dispersing or destroying the properties.

2. The distrained properties may be kept and preserved at the offices of the judgment-executing bodies or assigned in minutes to one involved party or the third person for management until a decision of the Court is issued.

Article 121. Prohibiting the transfer of property right over disputed properties.

The prohibition of transfer of property right over disputed properties shall be applied 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 122. Prohibiting the change of existing conditions of disputed properties

The prohibition to change the existing conditions of disputed properties shall apply if in the process of settling cases there are grounds showing that the persons possessing or keeping the disputed properties are committing acts of disassembly, assembly, expansion or other acts, thus changing the existing conditions of such properties.

Article 123. Permitting to harvest and sell subsidiary food crops or other products or commodities

The permission to harvest and sell subsidiary food crops or other products and commodities shall be applied if in the course of settling cases, disputed properties are related to subsidiary food crops or other products, commodities, which are in the period of harvesting or cannot be preserved for a long time.

Article 124. Freezing accounts at banks, other credit institutions, State Treasury

Freezing accounts at banks, other credit institutions, State Treasury shall be applied if in the course of settling cases there are grounds showing that the obligors have accounts at banks, other credit institutions or State Treasury and the application of this measure is necessary to ensure the settlement of the cases or to ensure the judgment enforcement.

Article 125. Freezing properties at depositories

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

Article 126. Freezing the obligors' properties

Freezing the obligors' properties shall be applied 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 127. Prohibiting or forcing the performance of certain acts

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

Article 128. Prohibiting the obligors from leaving Vietnam

Prohibiting the obligors from leaving Vietnam shall be applied if there are grounds showing that the lawsuit settlement is related to their obligations towards the State or other agencies, organizations and/or individuals and their leaving from Vietnam affects the case resolution, the interests of the State, legitimate rights and interests of other agencies, organizations and individuals or to ensure the judgment enforcement.

Article 129. Prohibiting the contact with victims of family violence

Prohibiting the contact with victims of family violence shall be applied if it is necessary for protecting lives, health and honor of the victims of family violence as prescribed in the Law on family violence prevention and control.

Article 130. Suspending the bid closing and activities related to bidding

The suspension of bid closing, approval for shortlists and/or results of selection of contractors and investors, contract conclusion or contract execution shall be applied if the course of case resolution shows that the application of such measures is necessary for ensuring the case resolution conformable to the law provisions.

Article 131. Arresting aircrafts or seagoing ships to ensure the case resolution

1. Courts shall make decisions on application of provisional emergency measures to ensure the resolution of civil lawsuits against which lawsuits were initiated by owners of aircrafts or a creditor, if the aircraft is an asset to secure a debt, or persons who are damaged by flying aircrafts or persons with relevant rights and interests towards aircrafts according to law regulations on Vietnamese civil aviation.

2. Courts shall make decisions on the application of provisional emergency measures to arrest ships in the following cases:

a) Persons who initiate lawsuits against civil lawsuits apply for arrest of seagoing ships to ensure the settlement of their marine complaints;

b) Owners of ships are persons who have obligation about properties in the cases being in settle and are still ships’ owners at the time of application of provisional emergency measures to arrest ships;

c) Demise charterers, time charterers, voyage charterers or ship operators are person having obligations about properties in civil lawsuits arising from marine complaints prescribed in Vietnam Marine Code and are still demise charterers, time charterers, voyage charterers or ship operators or ship owners at the time of application of provisional emergency measures to arrest seagoing ships;

d) Disputes are being settled in the cases arising on the basis of the mortage of such seagoing ships;

dd) Disputes are being settled in cases related to the ownership or the right of possession of such seagoing ships.

3. Procedures for arresting aircrafts or seagoing ships shall comply with law regulations on arrest of aircrafts/seagoing ships.

Article 132. Other provisional emergency measures

Apart from provisional emergency measures specified in clause 1 to clause 16 Article 114 of this Code, the Courts shall resolve the petitions for application of other provisional emergency measures prescribed in other laws.

Article 133. Procedures for application of provisional emergency measures

1. Any person who petitions the Court to apply a provisional emergency measure must make an application and send it to a competent court. Such application must contain the following principal details:

a) Date of the application;

b) Name, address; phone number, fax, e-mail address (if any) of the petitioner for the application of provisional emergency measures;

c) Name, address; phone number, fax, e-mail address (if any) of the persons subject to the application of provisional emergency measures;

d) Summarized contents of the dispute or act of infringing upon the legitimate rights and interests of his/her own;

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

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

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

2. The petition for application of provisional emergency measures in cases specified in clause 1 Article 11 of this Code shall be resolved as follows:

a) If the Court receives the application before the court session is opened, the Judge assigned to resolve the case shall consider resolving. Within 03 working days from the day on which the applications are received, if the petitioners do not have to apply security measures or immediately after such persons apply the security measures prescribed in Article 136 of this Code, the Judges must issue decisions to apply the provisional emergency measures; if the applications are rejected, the Judges shall send the petitioners written notification containing explanation;

b) If the trial panels receive the applications at the Court sessions, the trial panels shall consider, discuss and resolve the petitions at the courtrooms. If the application is accepted, the trial panels shall issue the decisions to apply the provisional emergency measures immediately or when the petitioners have applied the security measures prescribed in Article 136 of this Code. The security measures shall be applied since the trial panel has issued the decisions to force the application of security measures but the petitioner must present evidences about the completion of application of security measures before the trial panel members get in the deliberation room; if the petition for application of provisional emergency measures is rejected, the trial panel shall immediately announce the refusal and recorded it to the Court minute.

3. Regarding petitions for application of provisional emergency measures specified in clause 2 Article 111 of this Code, when the written petitions enclosed with petitions and evidences have been received, Chief Justices of the Courts shall immediately assign Judges to solve the petitions. Within 48 hours since a petition is received, the Judge shall consider and make decision to apply provisional emergency measures; if the petition is rejected, the Judge shall issue a written notification containing explanation for the petitioner.

4. For cases where provisional emergency measures specified in clauses 10 and 11 Article 144 of this Code are applied, only accounts, properties valuing equivalent to financial obligations that the persons liable to provisional emergency measures are obliged to fulfill shall be blockaded.

Article 134. Recommendation for application of provisional emergency measures of agencies, organizations and individuals initiating lawsuits to protect public interests, State interests and lawful rights and interests of other people

Agencies, organizations and individuals initiating lawsuits specified in Article 187 of this Code shall recommend the Courts to apply provisional emergency measures; such recommendation shall contain the reasons; provisional emergency measures which should be applied; names and addresses of persons lawful rights and interests which need to be protected; names and addresses of persons on whom provisional emergency measures should be applied; summaries of disputes, infringement upon lawful rights and interests of involved parties and evidences proving that their recommendations are grounded and lawful.

Article 135. Courts make decisions on application of provisional emergency measures by themselves

Courts shall make decisions on application of provisional emergency measures specified in clauses 1, 2, 3, 4 and 5 Article 114 of this Code by themselves in cases where the involved parties do not petition the application of provisional emergency measures.

Article 136. Forcible application of security measures

1. The persons who petition the Courts to apply one of the provisional emergency measures prescribed in Clauses 6, 7, 8, 10, 11, 15 and 16 Article 114 of this Code must submit to the Courts guarantee invoices deposit a money sum, precious metals, precious stones or valuable papers as determined by the courts, which must be equivalent to the property obligation to be performed by the obligor in order to protect the interests of the persons against whom the provisional emergency measures are applied and to prevent the abuse of right to petition the application of the provisional emergency measures by petitioners.

For cases prescribed in Clause 2, Article 111 of this Code, the time-limit for application of security measures provided for in this clause must not exceed 48 hours since the application are submitted.

2. Sums of money, precious metals, gemstones or valuable papers must be put into escrow account at banks of where the offices of the Courts making decisions to apply provisional emergency measures are located within the time defined by the Courts.

If the security measures are conducted on holidays or on days-off, the sums of money subject to security measures shall be retained at the Courts. The Courts shall conduct submitting and receiving procedures and shall immediately send such amount to the banks on the next working days.

Article 137. Changing, additionally applying provisional emergency measures

When the provisional emergency measures being applied are deemed no longer suitable and need to be changed or other provisional emergency measures should be additionally applied, the procedures for changing the provisional emergency measures or additionally applying other provisional emergency measures shall comply with the provision in Article 133 in this Code.

Article 138. Cancellation of the application of provisional emergency measures

1. The Courts shall immediately issue decisions to cancel the applied provisional emergency measures in one of the following cases:

a) It is so petitioned by the persons who have petitioned the application of provisional emergency measures;

b) The persons who are obliged to execute the decisions on application of provisional emergency measures shall deposit property as security or other persons apply measures to secure the performance of the obligations toward the petitioners;

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

d) The resolution of the cases is terminated according to regulations in this Code;

dd) The decisions on application of provisional emergency measures are unconformable to the provisions of this Code;

e) The grounds for application of the provisional emergency measures are no longer existed;

g) The cases have been resolved with judgments/decisions of the Courts that have been effective;

h) The Courts have returned the lawsuit petitions as prescribed in this Code.

2. In case of canceling the application of provisional emergency measures, the Courts must consider and permit the persons who have petitioned the application of provisional emergency measures to receive back the security invoices which are secured with assets of banks or other credit organizations security money sums, precious metals, precious stones or valuable papers prescribed in Article 136 of this Code, except for the cases specified in Clause 1, Article 113 of this Code.

3. Procedures for issuance of decisions on cancelation of application of provisional emergency measures shall comply with regulations in Article 133 of this Code. If there are effective judgments/decisions of the Courts, the resolution of petitions for cancelation of decisions on application of provisional emergency measures shall be resolved by a Judge assigned by the Chief Justice of the Courts having issued the decisions on application of provisional emergency measures.

Article 139. Effect of decisions on application, change or cancellation of provisional emergency measures

1. Decisions on application, change, or cancellation of provisional emergency measures shall take immediate implementation effect.

2. The Courts must issue or send decisions on application, change or cancellation of provisional emergency measures to the petitioners, the persons subject to the application thereof, and relevant agencies, organizations and individuals and competent civil judgment-executing bodies and procuracies of the same level immediately after the issuance of such decisions.

Article 140. Complaint, recommendations 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 submit recommendations to the Chief Justices of Courts which are settling cases about decisions on application, change or cancellation of provisional emergency measures, or about the non-issuance of such decisions by Judges. The time limit for lodging a complaint or recommendation is 03 working days from the day on which the decisions on application, change or cancellation of provisional emergency measures or the replies of Judges about the non-issuance of decisions on application, change or cancellation of provisional emergency measures are received.

Article 141. Complaint, recommendations about decisions on application, change or cancellation or non-application, non-change, non-cancellation of provisional emergency measures

1. The Chief Justices of Courts must consider and settle complaints and recommendations prescribed in Article 140 of this Code within 03 working days from the day on which the complaints or recommendations are received.

2. The Chief Justices' decisions on settlement of complaints, recommendations shall be the final ones and must be issued or sent immediately according to the provisions of Clause 2, Article 139 of this Code.

3. In Court sessions, the settlement of complaints or recommendations falls within the jurisdiction of the trial panels. The trial panels' decisions on settlement of complaints or recommendations shall be the final ones.

Article 142. Execution of decisions on application, change or cancellation of provisional emergency measures

1. The decisions on application, change or cancellation of provisional emergency measures shall be executed in accordance with law regulations on civil judgment execution.

2. If the decisions on application of provisional emergency measures involve properties with registration of right to ownership and/or right to enjoyment, the involved parties are obliged to submit copies of the decisions to the agencies managing the registration of right to ownership and/or right to enjoyment.

Chapter IX

COURT FEES, CHARGES AND OTHER PROCEDURAL EXPENSES

Section 1. Court FEES AND CHARGES

Article 143. Court fee advance, charge advance; Court fees and charges

1. Court fee advances shall include first-instance Court fee advances and appellate Court fee advances.

2. Court fees shall include first-instance Court fees and appellate Court fees.

3. Charge advances for civil matter resolution shall include first-instance charge advances and appellate charge advances.

4. Charges shall include charges for providing copies of judgments, decisions or other documents of courts, charges for submitting applications requesting Courts to settle civil matters, charges for settlement of civil matters and other charges stipulated by law.

Article 144. Handling of collected Court fee advance, charge advance, Court fees and charges

1. All collected Court fees and charges must be fully and timely remitted into the State budget at the State Treasury.

2. Court fee advance and charge advance shall be submitted to the competent judgment-executing agencies for deposit in custody accounts opened at the State Treasury, and shall be withdrawn for judgment execution under Court decisions.

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

Article 145. Regime of collection and expenditure of Court fee advances, charge advances, Court fees and charges

The collection of Court fee advances and Court fees, charge advances and Court charges; and the payment of Court fee advances, charge advances must comply with law provisions.

Article 146. Obligation to advance Court fees and advance charges

1. The plaintiffs, the defendants who have made counter-claims against the plaintiffs and the persons with related rights and interests who have made independent claims in civil lawsuits must advance first-instance Court fees; the persons who have made appeals must advance appellate Court fees, except for cases where they are exempted from, or do not have to pay Court fee advances.

2. Persons who have submitted applications petitioning Courts to settle civil matters must advance charges for the resolution of such civil matters, except for cases where they are exempt from, or do not have to pay the charge advances.

Regarding persons applying for recognition of voluntary divorces and agreements on child custody and property division upon divorce, husbands and wives may agree about the payment of charge advances, except for cases where they are exempt from, or do not have to pay the charge advances according to law provisions. If spouses fail to agree the payment of charge advance, each of them shall pay a half of the charge advance.

Article 147. Obligation to bear first-instance Court fees

1. The involved parties must bear the first-instance Court fees if their petitions 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 petition the Courts to settle the division of the common properties, each party must bear the first-instance Court fee corresponding to the value of the property portion she/he enjoys.

3. Prior to the opening of Court sessions, the Courts shall conduct mediations; if the involved parties have reached mutual agreement on the resolution of cases, they must bear 50% of the first-instance Court fee level prescribed in Clauses 1 and 2 of this Article.

4. The plaintiffs in divorce cases must pay first-instance Court fees, without depending on whether the Courts accept their petitions or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the first-instance Court fees.

5. If an involved party to a case is exempted from the first-instance Court fee, then the other involved party shall still have to pay the first-instance Court fee payable under Clauses 1, 2, 3 and 4 of this Article.

6. Where the case is suspended, the obligation to pay first-instance Court fee shall be decided when the resolution of the case resumes in accordance with the provisions in this Article.

Article 148. Obligation to bear first-instance Court fees

1. The appellant must pay the appellate Court fees, if the appealed first-instance judgments or decision are upheld by the Courts of appeal, except for cases where the appellants are exempted from, or do not have to pay such fees.

2. The appellants shall not pay the appellate Court fees, if the appealed first-instance judgments or decisions are amended by the Courts of appeal. The Courts of appeal must re-determine the obligation to bear first-instance Court fees as provided for in Article 147 of this Code.

3. Where the Courts of appeal abrogate the appealed first-instance judgments/decisions for re-trial under first-instance procedure, the appellants shall not be obliged to bear the appellate Court fees. The obligation to bear Court fees shall be re-determined when the cases are retried under first-instance procedure.

Article 149. Obligation to bear charges

1. The obligation to bear charges shall be determined depending on specific types of civil matters and shall be specified in law.

2. Regarding persons applying for recognition of voluntary divorces and agreements on child custody and property division upon divorces, husbands and wives may agree about the payment of charges, except for cases where they are exempt from, or do not have to pay the charges according to law provisions.

If spouses fail to agree the payment of charge, each of them shall pay a half of the charge.

Article 150. Specific regulations on Court fees and charges

Pursuant to the provisions of the Law on fees and charges and provisions of this Code, the Standing committee of the National Assembly of the Socialist Republic of Vietnam shall issue specific regulations on Court fees and charges; rates of Court fees and charges for specific matters/cases; cases eligible for exemption or reduction from Court fees and charges, cases not subject to paying Court fees and charges; regulations on collection, payment, management and use of Court fees and charges.

Section 2. OTHER PROCEDURAL EXPENSES

Article 151. Overseas request for judicial assistance expense advance, overseas request for judicial assistance expense

1. Overseas request for judicial assistance means a sum of money temporarily calculated by the Court to be pay for request for judicial assistance upon the collection and supply of evidences or delivery of papers, documents and materials and the summoning of witnesses or expert witnesses and requests for judicial assistance related to the settlement of a civil case.

2. Overseas request for judicial assistance expense means the necessary and reasonable sum of money to be paid for the performance of request for judicial assistance according to law provisions of Vietnam and the country requested for request for judicial assistance.

Article 152. Obligation to pay overseas request for judicial assistance expense advance

1. Plaintiffs or appellants according to appellate procedures or other involved parties in civil lawsuits must pay the overseas request for judicial assistance expense advance if their requests results in the overseas request for judicial assistance.

2. Petitioners for settlement of civil matters or appellants according to appellate procedures or other involved parties in civil matters must pay the overseas request for judicial assistance expense advance if their requests results in the overseas request for judicial assistance.

Article 153. Obligation to bear overseas request for judicial assistance expense

Unless otherwise agreed by involved parties or provided for by laws, the obligation to bear the overseas request for judicial assistance expense shall be determined as follows:

1. Involved parties must bear the overseas request for judicial assistance expense if their requests for settlement of cases are rejected by the Courts;

2. In case where the Court is requested to divide a common property, each person who has received a share from such property must bear the overseas request for judicial assistance expense amount proportionate to the value of the property share he/she has received;

3. In divorce cases, plaintiffs must pay the overseas request for judicial assistance expense, regardless of whether the Courts accept their requests or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the overseas request for judicial assistance expense;

4. If the settlement of the cases is suspended as prescribed in point c clause 1 Article 217, point b clause 1 Article 299 of this Code, the plaintiffs must bear the overseas request for judicial assistance expense.

If the settlement of the cases is suspended as prescribed in point b clause 1 Article 289, clause 3 Article 296 of this Code, the appellants according to appellate procedures must bear the overseas request for judicial assistance expense;

5. For other cases where the settlement is suspended according to regulations of this Code, persons who request for overseas request for judicial assistance must bear the overseas request for judicial assistance expense.

Article 154. Handling of overseas request for judicial assistance expense advance

1. If the person who has paid the request for judicial assistance advance is not liable for the request for judicial assistance expense, the person who has to bear such expense under the decision of the Court shall refund such advance to the former.

2. In cases where the person who has paid the request for judicial assistance expense advance is liable for the request for judicial assistance expense and the advance that has been paid is smaller than the actual request for judicial assistance expense, such person must pay the deficit; if the paid advance is bigger than the actual request for judicial assistance expense, such person shall receive the surplus according to the court's decision.

Article 155. On-site inspection/appraisal expense advance, on-site inspection/appraisal expense

1. On-site inspection/appraisal expense advance means a sum of money that is estimated by the Court to be paid for the on-site inspection/appraisal.

2. On-site inspection/appraisal expense means a necessary and reasonable sum of money to be paid for the on-site inspection/appraisal pursuant to law provisions.

Article 156. Obligation to pay on-site inspection/appraisal expense advance

1. Persons who request the Courts to conduct on-site inspection/appraisal must pay the on-site inspection/appraisal expense advance at the request of the Court.

2. In cases where the Courts deem it is necessary and decide to conduct on-site inspection/appraisal, the plaintiffs, the persons requesting for settlement of civil matters and the appellants according to appeallate procedures must pay the on-site inspection/appraisal advance.

Article 157. Obligation to bear on-site inspection/appraisal expense

Unless otherwise agreed by involved parties or provided for by laws, the obligation to bear the on-site inspection/appraisal expense shall be determined as follows:

1. Involved parties must bear the on-site inspection/appraisal expense if their requests are rejected by the Courts;

2. In cases where the Court is requested to divide a common property, each person who has received a share from such property must bear the on-site inspection/appraisal expense amount proportionate to the value of the property share he/she has received;

3. In divorce cases, plaintiffs must pay the on-site inspection/appraisal expense, regardless of whether the Courts accept their requests or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the on-site inspection/appraisal expense;

4. If the settlement of the cases is suspended as prescribed in point c clause 1 Article 217, point b clause 1 Article 299 of this Code, the plaintiffs must bear the on-site inspection/appraisal expense.

If the settlement of the cases is suspended as prescribed in point b clause 1 Article 289, clause 3 Article 296 of this Code, the appellants according to appellate procedures must bear the on-site inspection/appraisal expense;

5. For other cases where the settlement is suspended according to regulations of this Code, persons who request for the inspection/appraisal must bear the on-site inspection/appraisal expense.

Article 158. Handling of on-site inspection/appraisal expense advances

1. If the person who has paid the on-site inspection/appraisal advance is not liable for the on-site inspection/appraisal expense, the person who has to bear such expense under the decision of the Court shall refund such advance to the former.

2. In cases where the person who has paid the request for judicial assistance advance is liable for the request for judicial assistance expense and the advance that has been paid is smaller than the actual on-site inspection/appraisal expense, such person must pay the deficit; if the paid advance is bigger than the actual on-site inspection/appraisal expense, such person shall receive the surplus according to the court's decision.

Article 159. Expertise expense advance, expertise expense

1. Expertise expense advance means a sum of money estimated by the expert-witness to be paid for the expertise under the Court's decision or at the request of the involved parties.

2. Expertise expense means a necessary and reasonable sum of money to be paid for the expertise that is calculated by the expert-witness pursuant to law provisions.

Article 160. Obligation to pay expertising expense advances

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

1. Persons requesting the Courts to request expertise must pay the expertising expense advances.

If the involved parties requesting the Courts to request expertise on the same objects, each involved party must pay a half of the expertising expense advances;

2. If the Courts deem that it is necessary to request expertise and decide to request expertise, the involved parties, the requesters for civil matter resolution, the appellants under appellate trial procedure must pay the expertising expense advances;

3. If involved parties, requesters for civil matter resolution, appellants whose applications for expertise request are rejected by the Courts request other organizations/individuals to conduct expertises, the expertising expense advances shall be paid according to provisions of the Law on judicial expertise.

Article 161. Obligation to bear expertising expenses

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

1. The persons who request for expertising request must bear the expertising expenses if the expertising results prove that their requests are groundless. If the expertising results prove that their requests are partially grounded, they must pay the expertising expenses for the requested parts that are proved groundless;

2. The persons who do not accept the expertising requests of other involved parties to the cases must pay the expertising expenses if the expertising results prove that the expertising requests are well grounded. If the expertising results prove that the requests are partially grounded, the persons who do not accept the expertising requests must bear the expertising expenses for the requested parts that are proved well-grounded;

3. For termination of case resolution specified in point c clause 1 Article 217 and point b clause 1 Article 299 of this Code, the plaintiffs must bear the expertising expenses.

For cases where the appellate trial is terminated as prescribed in point b clause 1 Article 289 and clause 3 Article 296 of this Code, the appellants under appellate procedure must bear the expertising expenses;

4. If a person himself/herself requests for expertises as prescribed in clause 3 Article 160 of this Code and the expertising results prove that his/her expertising request is well-grounded, the losing party must bear the expertising expenses. If the expertising results prove that their expertising requests are partially grounded, they must pay the expertising expenses for their requested parts that are proved groundless;

5. For other cases where case resolution is terminated as prescribed in this Code, those who request for expertise must bear the expertising expenses.

Article 162. Handling of paid expertising expense advances

1. In cases where the persons who have advanced expertising expenses do not have to pay the expertising expenses, the persons who must pay the expertising expenses under Court decisions must refund the money to the persons who have paid them.

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 163. Property valuation expense advances, property valuation expenses

1. The property valuation expense advance means a sum of money estimated by the Evaluation Boards for valuation conducted under a Court decision.

2. Valuation expenses are the reasonable and necessary sums of money to be paid for the valuation and calculated by the Valuation Boards on the basis of law provisions.

Article 164. Obligation to advance property valuation expenses

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

1. The persons requesting for property valuation must pay the property valuation expense advances;

2. In cases where the involved parties could not agree on the prices and request the Courts to conduct the property valuation, each party must pay half of the property valuation expense advances. If there are multiple involved parties, all parties must pay the property valuation expense advances at rates decided by the Courts;

3. For cases specified in clause 3 Article 104 of this Code, the plaintiffs/appellants must pay the property valuation expense advances.

Article 165. Obligation to bear property valuation/price appraisal expenses

In cases where the parties do not otherwise agree or the law does not otherwise prescribe, the obligation to bear property valuation/price appraisal expenses shall be determined as follows:

1. Involved parties must bear the property valuation expenses if their requests are not accepted by the Courts;

2. In case where the Court is requested to divide a common property, each person who has received a share from such property must bear the property valuation expense amount proportionate to the value of the property share he/she has received;

3. In cases where the Courts issue decisions on property valuation prescribed in point c clause 3 Article 104 of this Code, the obligation to bear the property valuation expenses shall be determined as follows:

a) Involved parties must bear the property valuation expenses prescribed in clause 1 of this Article if the valuation results prove that the property valuation decisions of the Courts are well-grounded;

b) The Courts shall pay the property valuation expenses if the valuation results prove that the property valuation decisions of the Courts are groundless.

4. For termination of case resolution specified in point c clause 1 Article 217 and point b clause 1 Article 299 of this Code, if the Evaluation Boards have conducted the valuation, the plaintiffs must bear the property valuation expenses.

For cases where the appellate trial is terminated as prescribed in point b clause 1 Article 289 and clause 3 Article 296 of this Code, if the Evaluation Boards have conducted the valuation, the appellants under appellate procedure must bear the property valuation expenses;

5. For other termination of case resolution as prescribed in this Code, if the Evaluation Boards have conducted the valuation, the requesters for property valuation must bear the property valuation expenses;

6. The obligation to bear the property valuation expenses of involved parties shall be in accordance with the obligation to bear the property valuation expenses specified in clauses 1, 2, 4 and 5 of this Article.

Article 166. Handling of valuation expense advances

1. In cases where the persons who have advanced property valuation expenses do not have to pay the valuation expenses, the persons who must pay the valuation expenses under Court decisions must refund the money to the persons who have paid them.

2. In cases where the persons who have advanced the property valuation expenses are obliged to pay them, but the advanced amounts are not enough to cover the actual valuation expenses, such persons must pay the deficits. If the advanced sums exceed the actual valuation expenses, the surpluses shall be refunded to the persons who have advanced the money.

Article 167. Expenses for witnesses

1. Reasonable and actual expenses for witnesses shall be borne by the involved parties.

2. The persons who request the Courts to summon witnesses must bear the expenses for such witnesses, if the testimonies of the witnesses are true but not right for the demands of the person requesting to summon such witnesses. If the testimonies are true and right for the demands of the persons requesting to summon such witnesses, the expenses must be borne by the party making requests independent from the former's requests.

Article 168. Expenses for interpreters and lawyers

1. Expenses for interpreters mean sum of money payable to interpreters in the course of settling civil cases as agreed upon by the involved parties and the interpreters or stipulated by law.

2. Expenses for lawyers mean sums of money payable to lawyers as agreed upon by the involved parties and the lawyers within the prescribed scope of the law-practicing organization and according to law provisions.

3. Expenses for interpreters or lawyers shall be borne by the persons requesting such interpreters or lawyers, except otherwise agreed upon by the parties.

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

Article 169. Specific regulations on procedural expenses

Pursuant to regulations in this Code, the Standing committee of the National Assembly of the Socialist Republic of Vietnam shall issue specific regulations on expense of overseas request for judicial assistance, costs of on-site inspection and appraisal, costs of expertise and price appraisal of properties; cost of payment for witnesses and interpreters; other procedural costs prescribed in other laws and the exemption and decrease of procedural costs during the case settlement.

Chapter X

ISSUANCE, SENDING AND NOTIFICATION OF PROCEDURAL DOCUMENTS

Article 170. Obligation to issue, send or notify procedural documents

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

Article 171. Procedural documents to be issued, sent or notified

1. Announcements, written notices, summons, invitations in civil procedures.

2. Judgments and decisions of courts.

3. Appellate decisions of procuracies; documents of civil judgment-executing bodies.

4. Other procedural documents prescribed by law.

Article 172. Persons effecting the issuance, sending or notification of procedural documents

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

1. Civil proceeding officers or people of the procedure document-promulgating agencies who are tasked to issue, send or notify procedural documents;

2. The commune-level People's Committees of the localities where the civil procedure participants reside or the agencies or organizations where the civil procedure participants work when so requested by courts;

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

4. Postal service organization officers;

5. Persons with sending function;

6. Other persons defined by law.

Article 173. 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 effected directly or by post office or by the third persons who are authorized to effect the issuance, sending or notification;

2. Issuance, sending or notification effected by electronic means at the request of the involved parties or other participants in accordance with law regulations on electronic transaction;

3. Public posting;

4. Announcement on the mass media;

5. Issuance, sending or notification effected by other modes prescribed in Chapter XXXVIII of this Code.

Article 174. Validity of the issuance, sending or notification of procedural documents

1. The issuance, sending or notification of procedural documents, which is carried out in accordance with this Code, shall be considered valid.

2. The persons who are obliged to effect the issuance, sending or notification of procedural documents must comply with the provisions of this Code.

The persons who are obliged to execute procedural documents that are conformably issued, sent or notified must strictly executive such documents.

Article 175. Procedures for issuance, sending or notification of procedural documents

1. The persons effecting the issuance, sending or notification of procedural documents must directly hand the relevant procedural documents to the persons to whom such documents are issued, sent or notified. The latter must sign in the minutes or books recording the delivery and receipt of procedural documents. The time for calculating the procedural time limit is the date when they are issued or sent with, or notified of, the procedural documents.

2. Procedural documents that are issued, sent or notified by post office must be registered mails that are certified by the receivers.

Certified documents must be returned to the Courts.

Time limit for conducting civil procedures shall be calculated from the day on which the receivers certify that they have received the procedural documents from the post office.

Article 176. Procedures for issuance, sending or notification of procedural documents by electronic means

The issuance, sending and notification of procedural documents by electronic means shall be conformable to law on electronic transaction.

The Supreme People’s Court shall provide guidance on the implementation of this Article.

Article 177. Procedures for direct issuance, sending or notification to individuals

1. Procedural documents that are issued, sent or notified to addresses that the involved parties provided for the Courts in modes requested by the involved parties or to the addresses agreed and requested by the involved parties.

2. If the persons to whom procedural documents are issued, sent or notified are individuals, the procedural documents must be delivered directly to them. Involved parties must sign the minutes of receipt as prescribed in clause 1 Article 175 of this Code.

3. If the persons to whom the procedural documents are issued, sent or notified have moved to new residences and have notified the Courts of the change of residences, such procedural documents must be sent to their new residences. Involved parties must append signatures or fingerprints on the minutes of receipt as prescribed in clause 1 Article 175 of this Code. If such involved parties failed to notify the Courts of the change of residences and the new addresses, the Courts shall comply with provisions of Articles 179 and 180 of this Code.

4. Where the persons to whom the procedural documents are issued, sent or notified refuse to receive such documents, the issuers, senders or notifiers must make records thereon clearly stating reasons therefor, with certification by population group leaders or police offices of communes of their refusal. The records must be recorded in the case files.

5. If the persons to whom the procedural documents are issued/sent/notified are absent from the residences, the issuers/senders/notifiers must make records and deliver the documents to their relatives who have fully civil capacity living with them or to their population group leaders, then ask such relatives or population group leaders to append signatures or fingerprints on the minutes of receipt and to undertake to directly deliver the documents to the to be-issued/sent/notified persons. The records must be recorded in the case files.

If the persons to whom the procedural documents are issued/sent/notified are absent from the residences and the time they return is indefinite or their new residences are unknown, the issuers/senders/notifiers must make a records therein with certification of the population group leaders or Police offices of communes; simultaneously, conduct the public posting procedures of the to be-sent documents according to regulations in Article 179 of this Code. The records must be recorded in the case files.

Article 178. Procedures for direct issuance, sending or notification to agencies, organizations

1. Where the persons to whom the procedural documents are issued, sent or notified are agencies or organizations, the procedural documents must be delivered directly to their representatives at law or persons responsible for the receipt thereof, who must sign the receipts. Where the agencies or organizations to which the documents are issued, sent or notified have their representatives to participate in the civil procedure or to receive the procedural documents, such persons shall sign for the receipt thereof. The date of signing for receipt shall be regarded as the date of issuance, sending or notification.

2. If the persons to whom the procedural documents are issued, sent or notified refuse to receive such documents or are absent, provisions in clauses 4 and 5 Article 177 of this Code shall be complied with.

Article 179. Procedures for public posting

1. The public posting of procedural documents shall be carried out the procedural documents cannot be issued/sent/notified as prescribed in Articles 177 and 178 of this Code.

2. The public posting of procedural documents shall be conducted by Courts directly, or by persons with sending function or commune-level People's Committees of the localities where the involved parties reside or where the agencies/organizations are headquartered that are authorized by the Courts according to the following procedures:

a) Posting the originals of the procedural documents at the offices of the Courts or the commune-level People's Committees of the localities where the persons to whom the documents are issued, sent or notified reside or reside last, or where the agencies/organizations to which the documents are issued, sent or notified are headquartered or headquartered last;

b) Posting the copies thereof at the places of residence or last residence of such persons to whom the documents are issued, sent or notified; or at the headquarters or last headquarters of the agencies/organizations to which the documents are issued/sent or notified;

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

3. The duration for public posting of procedural documents is 15 days as from the date of posting.

Article 180. Procedures for announcement on the mass media

1. The announcement on the mass media shall be effected only when it is so provided for by law or when there are grounds to believe that the public posting does not guarantee that the persons to whom the procedural documents are issued, sent or notified get the information on such documents.

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

3. Announcement on the mass media shall be published on e-portals of the Courts, on one of central dailies for three consecutive issues, and broadcasted on the central radio or television channels three times for 03 consecutive days.

Article 181. 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 immediately notify the results of issuance, sending or notification of procedural documents to the Courts or the agencies issuing such procedural documents.

Chapter XI

PROCEDURAL TIME LIMITS

Article 182. Procedural time limits

1. The procedural time limit is a period of time which is determined from this point of time to another point of time for the procedure-conducting persons, procedure participants or relevant agencies, organizations and individuals to perform procedural acts prescribed by this Code.

2. The procedural time limit can be determined in hour, day, week, month, year or an event which may occur.

Article 183. Application of the Civil Code's regulations on time limits

The method of calculating the procedural time limits, the regulations on procedural time limits, the starting time and the ending time of the procedural time limits in this Code shall comply with the corresponding provisions of the Civil Code.

Article 184. The statute of limitations for lawsuits, the statute of limitations for requests for civil matter resolution

1. The statute of limitations for lawsuits, the statute of limitations for requests for civil matter resolution shall conform to provisions of the Civil Code.

2. The Courts shall apply the regulations on statute of limitations according to the requests for application of statute of limitations of one or multiple sides, provided that such requests are made before the first-instance Courts issue the judgments/decisions on such matters/cases.

The persons to get benefits from the application of statute of limitations may refuse to apply the statute of limitations, unless such refusal is to avoid their performance of obligations.

Article 185. Application of the Civil Code's regulations on statute of limitations

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

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