Phần thứ sáu Bộ luật tố tụng dân sự 2015: Thủ tục giải quyết việc dân sự

PART SIX

PROCEDURES FOR RESOLUTION OF CIVIL MATTERS

Chapter XXIII

GENERAL REGULATIONS ON PROCEDURES FOR RESOLUTION OF CIVIL MATTERS

Article 361. Scope of application

Civil matters mean a situation where agencies, organizations or individuals have no disputes but request Courts to recognize or not to recognize a legal event which serves as a basis for the rise of civil, marriage and family, business, commercial or labor rights and obligations of their own or of other agencies, organizations or individuals; or request Courts to recognize their civil, marriage and family, business, commercial or labor rights.

Provisions of this Part shall be applied for the resolution of civil matters specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 Article 27, clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 29, clauses 1, 2, 3 and 6 Article 31, clauses 1, 2 and 5 Article 33 of this Code. If the civil matters are not specified in this Part, other provisions of this Code shall be applicable.

Article 362. Petitions for the Court resolution of civil matters

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

Any enforcers requesting the Courts to resolve civil matters according to provisions of the Law on enforcement of civil judgments shall have rights and obligations of persons requesting resolution of civil matters provided for in this Code.

2. A petition shall contain the following principal contents:

a) Date of making the petition;

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

c) Name, address; phone number, fax number, e-mail address (if any) of the petitioner;

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

dd) Names and addresses of persons who are related to the resolution of such civil matters (if any);

e) Other information that are deemed by the petitioner to be necessary for the resolution of his/her petition;

dd) Signature or fingerprints, applicable to petitioners being individuals, or signature and seal of lawful representatives, applicable to applicants being agencies or organizations, in the end of the application. If the petitioner is an enterprise, the use of the seal shall comply with provisions of the Law on Enterprise.

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

Article 363. Procedures for receiving and processing petitions

1. Procedures for receiving petitions shall comply with regulations in clause 1 Article 191 of this Code.

Within 0 working days from the day on which the petition and accompanied materials and evidences are received, the Chief Justice of the Court shall assign a Judge to handle the petition.

2. If the petition does not contain sufficiently information specified in clause 2 Article 362 of this Code, the Judge shall request the petitioner to amend or supplement it within 07 days from the day on which the request is received. Procedures for amending and supplementing the petition shall comply with regulations in clause 1 Article 193 of this Code.

3. When the petition is satisfactory, the Judge shall carry out the procedures for acceptance of the civil matters.

Upon the expiry of the time limit specified in clause 2 of this Article, if the petitioner fails to amend/supplement the petition, the Judge shall return the petition and the accompanied materials and evidences to the petitioner.

4. If the petition and accompanied materials and/or evidences are deemed satisfactory to be accepted, the Judge shall carry out as follows:

a) The Court shall notify the petitioner about the payment of charge for civil matter resolution within 05 working days from the day on which the notice of charge payment is received, unless such petitioner is exempted from the charge as prescribed in law on fees and charges;

b) The Court shall accept the petition when the petitioner submit to the Court the receipt of civil-matter resolution charge;

c) If the petitioner is exempted from or does not have to pay the charge, the Judge shall accept the civil matter from the day on which the petition is received.

Article 364. Returning petitions

1. The petition shall be returned from the Court in the following cases:

a) The petitioner is not entitled to file the petition or does not have sufficient civil procedure act capacity;

b) The matter has been yet resolved by the Court or a competent agency;

c) The civil matter does not fall within the competence of the Court;

d) The petitioner fails to amend/supplement the petition within the time limit specified in clause 2 Article 363 of this Code;

dd) The petitioner fails to pay charge within the time limit specified in point a clause 4 Article 363 of this Code, unless he/she is exempted from or does not have to pay charge or the charge is paid late due to force majeure events or objective obstacles;

e) The petitioner withdraw the petition;

g) Other cases provided for in law.

2. When returning the petition and accompanied materials and evidences, the Court shall notify in writing containing explanation.

3. The complaints about the return of the petition and resolution thereof shall comply with regulations in Article 194 of this Code.

Article 365. Notices on the acceptance of petitions

1. Within 03 working days from the day on which the petition is accepted, the Court shall notify the petitioner, person with interests and duties relevant to the civil matter resolution and the procuracy of the same level in writing of the acceptance of the petition.

2. A notice must contain the following principal details:

a) Date of making of the notice;

b) Name and address of the Court accepting the petition;

c) Name and address of the involved parties;

d) Specific matters that the involved parties request the Court to resolve;

dd) List of materials and evidences that are accompanied by the petition;

e) Time limit for person with relevant interests and duties to provide opinions in writing to the Court about the petition and accompanied materials and evidences (if any);

g) Legal consequences of cases where the person with relevant interests and duties fail to submit the Court their opinions in writing for the petition for civil matter resolution.

Article 366. Preparation for petition consideration

1. Time limit for preparation for petition consideration shall be 01 month from the day on which the Court accept the petition, unless there are other provisions in this Code.

2. During the time limit for preparation for petition consideration, the Court shall carry out the following activities:

a) If the materials and evidences are not sufficient to serve as basis for the Court to resolve the matter, the Court shall request the involved parties to supplement materials and evidences within 05 working days from the day on which the request is received;

b) Upon the request of the involved parties or when it is deemed necessary, the Judge shall issue decision to request agencies, organizations and individuals to provide materials and evidences; summon witnesses, request property expertise and price assessment. If the time limit for preparation for petition consideration specified in clause 1 of this Article expires but the property expertise and/or price assessment results have not been produced, such time limit shall be extended for not exceeding 01 month;

c) Issue decision to terminate the consideration of petition and return the petition and accompanied materials and evidences if the petitioner withdraws the petition;

d) Issue decision to open a meeting to resolve civil matter.

3. The Courts must immediately send the decision to open the meeting to resolve civil matter and the dossiers on the civil matter to the procuracy of the same level for study. The procuracy must study them within 07 days from the day on which the dossier is received; when this time limit expires, the procuracy must return it to the Court for holding a meeting to resolve the civil matter.

4. The Court shall open a meeting to resolve civil matter within 15 days from the day on which the decision to open the meeting is issued.

Article 367. Participants in meetings for resolving civil matters

1. Procurators of the procuracies of the same level must attend the meetings. In cases where they are absent, the Court shall still conduct the meeting.

2. The petitioner or their lawful representatives or defense counsels of their rights and interests must participate in the meeting according to the summon of the court.

If the petitioner is absent for the first time, the Court shall postpone the meeting, unless the petitioner request the Court to resolve the civil matter in their absence. If petitioner has been duly summoned twice but is still absent, he/she shall be deemed to waive his/her petition and the Court shall issue decision to terminate the resolution of the civil matters; in this case, the right to request the Court to resolve the civil matter according to the procedures prescribed by this Code shall still be guaranteed.

3. Person with relevant interests and duties or their lawful representatives or defense counsels of their rights and interests must participate in the meeting according to the summon of the court. In case of necessity, the Court may summon witnesses, expert-witnesses and/or interpreters to attend the meetings. If any of them is absent, the Court shall decide to postpone the meetings or to proceed with the meetings.

Article 368. Decision on replacement of presiding officers in the process of resolution of civil matters

1. Before opening the meeting, the replacement of the Judge or clerk of meeting shall be decided by the Chief Justice of the Court being in charge of such civil matter; if the to be-replaced is the Chief Justice of the Court being in charge of the civil matter, the replacement shall be decided by the Chief Justice of the immediately superior court.

2. In the meeting for resolution of civil matters, the replacement of Judges or clerks of meeting shall be carried out as follows:

a) If the civil matter is handled by a Judge, the replacement of Judge or clerk of meeting shall be decided by the Chief Justice of the Court being in charge of such civil matter; if the to be-replaced is the Chief Justice of the Court being in charge of the civil matter, the replacement shall be decided by the Chief Justice of the immediately superior court;

b) If the civil matter is handled by a civil matter-resolving councils composed of 3 Judges, the replacement of members of the Council or the clerk of meeting shall be decided by the civil matter-resolving council.

3. Before opening the meeting, the replacement of procurator shall be decided by the chairperson of the procuracy of the same level.

In the meeting, the replacement of the procurator shall be decided by the Judge or the civil matter-resolving council. If the procurator must be replaced, the Judge or the civil matter-resolving council shall issue decisions to postpone the meeting and notify such replacement to the procuracy.

The appointment of a procurator to take place of the replaced one shall be decided by the chairperson of the procuracy of the same level. If the to be-replaced procurator is the chairperson of the procuracy, the replacement shall be decided by the chairperson of the immediately superior procuracy.

Article 369. Procedures for conducting meetings to resolve civil matters

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

a) The clerk of meeting shall report to the Judge and civil matter-resolving council about the presence or absence of participants in the meeting;

b) The Judge shall open the meeting; check the presence or absence of persons who are summoned to the meeting and their identity cards, introduce and explain rights and obligations of participants in the meeting;

c) Defense counsel of rights and interests of the petitioner, the petitioner or his/her lawful representative shall present specific issues that are requested to be dealt with by the court; reasons, purposes and grounds for requesting the Court resolution of such civil matters;

d) Related persons or their lawful representatives shall express their opinions on matters pertaining to their rights and obligations in the resolution of the civil matters;

dd) Witnesses shall present their opinions; or expert-witnesses shall present their conclusions and explain issues which remain unclear or contradictory (if any);

e) The Judge and the civil matter-resolving council shall review the materials and evidences;

g) The procurator shall present the procuracy's views on the resolution of the civil matters and shall send the writing containing opinions for the Court to save in the civil matter files when the meeting finishes;

h) The Judge and the civil matter-resolving council shall consider and decide to accept or not to accept the request for resolution of the civil matters.

2. If any person summoned by the Court to the meeting is absent, the Judge or the Civil matter-resolving council shall pronounce the testimonies, materials and evidences provided by such person before reviewing materials and evidences.

Article 370. Decision on resolution of civil matters

1. A decision to resolve civil matters shall contain the following principal contents:

a) Date of making the decision;

b) Name of the Court that issues the decision;

c) Full names of the Judge, procurator, meeting clerk;

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

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

e) Names and addresses of persons with relevant interests and duties;

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

h) Legal bases for resolution of civil matters;

i) Court's decisions;

k) Court fees to be paid.

2. Decisions to resolve civil matters must be forwarded to the procuracies of the same level, the petitioners for the resolution of civil matters and person with interests and duties relevant to the resolution of civil matters within 05 working days from the day on which the decisions are issued.

The forwarding of decisions to resolve civil matters to enforcement authorities shall comply with provisions of the Law on enforcement of civil judgments.

3. Legally effective courts’ decisions to resolve civil matters that are relevant to the change of civil statuses of individuals must be sent to People’s Committees where such individuals registered for civil statuses according to provisions of the Law on civil status.

4. Legally effective courts’ decisions to resolve civil matters shall be published on e-portal of the Courts (if any), except for decisions containing information specified in clause 2 Article 109 of this Code.

Article 371. Appeal and appeal against civil matter-resolving decisions

Petitioners and persons with interests and duties relevant to civil matter resolution shall be entitled to appeal, the procuracies of the same level and immediate superior procuracy shall be entitled to appeal against civil matter-resolving decisions in order to request the immediate superior Court to re-settle them according to the appellate procedures, except for those prescribed in clause 7 Article 27, Clauses 2 and 3, Article 29 of this Code.

Article 372. Appeal time limits

1. The petitioners and persons with interests and duties relevant to the resolution of civil matters may appeal against the civil matter-resolving decisions within 10 working days from the day on which the decisions are issued. In cases where they are not present at the civil matter-resolving meetings, such time limit shall be counted from the day on which they receive the civil matter-resolving decisions or the day on which such decisions are announced or posted up.

2. The procuracies at the same level shall be entitled to appeal against civil matter-resolving decisions within 10 days, the immediate superior procuracies shall be entitled to appeal within 15 days as from the day on which the Courts issue such decisions.

Article 373. Consideration of appeals, appeals

1. Time limit for preparation for consideration of appeals shall be 15 days from the day on which the Courts receive the appeals.

2. Within the time limit for preparation for consideration of appeals, the Courts shall conduct the following activities:

a) If materials and evidences are not sufficient to serve as basis for the Courts to resolve the case, the Courts shall request the involved parties to supplement materials and evidences within 05 working days from the day on which the requests are received;

b) Upon the request of the involved parties or when it is deemed necessary, the Judge shall issue decisions requesting agencies, organizations and individuals to supply materials and evidences; summon witnesses, request expertise and price appraisal. If the time limit specified in clause 1 of this Article expires but the expertise/price appraisal results have not been produced, the time limit for preparation for consideration of appeals may be extended for not exceeding 15 days;

c) Within the time limit for preparation for consideration of appeals, if all the appellants withdraw their appeal petitions or the procuracies withdraw their appeal petitions, the Courts shall issue decisions to terminate the consideration of petitions according to appellate procedures. In these cases, civil matter-resolving decisions according to first-instance procedures shall effective from the days on which the appellate trial Courts issue the termination decisions;

d) The Courts shall decide to open the appellate meeting for the resolution of civil matters.

3. The Courts must immediately send such decisions to open appellate meetings to resolve civil matters and the civil matter files to the procuracies of the same level for study. The procuracies must study them within 07 days from the day on which the files are received; after this time limit, the procuracies must return the files to the Courts for holding meetings to resolve the civil matters.

4. Within 15 working days from the day on which the decision to open a meeting is issued, the Judge must open an appellate meeting resolve the civil matter.

Article 374. Participants in appellate meetings to resolve civil matters

1. The procurators of procuracies of the same level shall participate in the appellate meeting to resolve civil matters; if the procurators are absent, the Court shall still hold the meeting, unless a procuracy appeals against the appeal review.

2. Persons applying appeal petitions, their lawful representatives and defense counsels of their rights and interests must participate in meetings according to the subpoena of the Court.

If the appellant is absent for the first time due to plausible reasons, the Court shall postpone the civil matter-resolving appellate meeting, unless the appellant request for resolution in their absence. If the appellant has been summoned twice but is still absent, he/she shall be deemed to waive their appeal and the Court shall issue decisions to terminate the appeal review of civil matter in the appeal, unless he/she apply for resolution in their absence or due to force majeure events or objective obstacles.

3. Persons with relevant interests and duties, their lawful representatives and defense counsels of their rights and interests shall be summoned by the Court to participate in the meeting. In case of necessity, the Court may summon witnesses, expert-witness and/or interpreters to attend the meetings. If any of them is absent, the Courts shall decide to postpone the meetings or to proceed with the meetings.

Article 375. Procedures for conducting appellate meetings to resolve civil matters

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

a) The meeting clerk shall report on the presence or absence of meeting participants;

b) The Judge shall open the meeting; check the presence or absence of persons who are summoned to the meeting and their identity cards, introduce and explain rights and obligations of participants in the meeting;

c) Defense counsel of rights and interests of the appellant, the appellant or his/her lawful representative shall present about the appealed contents and grounds for such appeal;

If there is only appeal from the procuracy, the procurator shall present about the appealed contents and grounds for such appeal. If there is both appeal and appeal, involved parties shall present about the appealed contents and grounds for such appeal, then the procurator shall present about the appealed contents and grounds therefor. If the procuracy does not appeal, the procurator shall express their opinions of the procuracy about the handling of the appeal before the appellate panel makes decision.

Right after the meeting finishes, the procurator shall send the written opinion to the Court to be recorded in civil matter files;

d) Defense counsel of rights and interests of person with relevant interests and duties, persons with relevant interests and duties or their lawful representatives shall express their opinions on matters pertaining to their rights and obligations in the appealed contents;

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

2. If any person summoned by the Court to the meeting is absent, the Judge shall pronounce the testimonies, materials and evidences provided by such person.

3. The appellate panel shall consider the decision of the first-instance Court that is appealed against and relevant materials and evidences and issue one of the following decisions:

a) To uphold the decision on resolution of civil matter issued by the first-instance Court;

b) To modify the decision on resolution of civil matter issued by the first-instance Court;

c) To repeal the decision on resolution of civil matter issued by first-instance Court to re-settle according to first-instance procedures;

d) To repeal the decision on resolution of civil matter issued by the first-instance Court and terminate the resolution of the civil matter;

dd) Terminate the consideration of the petition according to appellate procedures if in the meeting all the appellants withdraw their appeal petitions and the procuracy withdraw the appeal petition.

4. Decisions to conduct appellate review of civil matter resolution shall take effect from the day on which they are issued and shall be sent to agencies, organizations and individuals as prescribed in clauses 2 and 3 Article 370 of this Code.

5. Legally effective decisions to conduct appellate review of civil matter resolution shall be posted on e-portal of the Court (if any), except for decisions containing information specified in clause 2 Article 109 of this Code.

Chapter XXIV

PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING A PERSON LACKING CIVIL ACT CAPACITY, HAVING LIMITED CIVIL-ACT CAPACITY OR HAVING LIMITED COGNITION OR BEHAVIOR CONTROL

Article 376. Right to file petitions for declaring a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

1. People with relevant rights and interests and concerned agencies and organizations may file petitions to Courts for declaring a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control.

2. Adult people having limited cognition due to physical and mental conditions but do not lack civil capacity may file petitions to Courts for declaring them having limited cognition or behavior control according to provisions of the Civil Code.

Article 377. Preparation for consideration of petitions

Within the time when the petitions are considered, at the request of petitioners, Courts may request health assessment for the persons requested to be declared having limited civil-act capacity or forensic psychiatric assessment for the persons requested to be declared lacking legal capacity or having limited cognition or behavior control. In such cases, when the assessment results are received, Courts shall make decisions to open meetings for consideration of petitions.

Article 378. Decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

If the petitions are accepted, Courts shall issue decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control.

In the decision to declare a person having limited capacity of exercise, the Court shall determine lawful representative of the person with limited capacity of exercise and scope of representation.

In the decision to declare a person having limited cognition or behavior control, the Court must appoint his/her guardian and determine rights and duties of such guardian.

Article 379. Right to file petitions for repealing decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

When a person who is declared by a Court to be lacking of legal capacity, having limited civil-act capacity or having limited cognition or behavior control is no longer in the declared conditions, then such person or persons with relevant rights and interests or concerned agencies or organizations may file petitions to the Court for issuing a decision to repeal the decision to declare the lack of legal capacity or limited civil-act capacity or limited cognition or behavior control.

Article 380. Decisions of the Courts in case of accepting the petitions for repealing decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

If the petitions are accepted, the Courts shall issue decisions to repeal the decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control.

Chapter XXV

PROCEDURES FOR RESOLUTION OF PETITIONS FOR ISSUING NOTICES ON SEARCH OF PERSONS ABSENT FROM THEIR RESIDENCE PLACES

Article 381. Petitions for issuing notices on search of persons absent from their residence places

1. Persons with related rights and interests shall be entitled to request Courts to issue notices on search of persons absent from their residence places when such persons are absent for 06 consecutive months or more, and at the same time request Courts to apply measures for management of the properties of the absent persons under the provisions of the Civil Code.

2. Enclosed with the petitions for issuing notices on search of persons absent from their residence places, the petitioners shall send materials and evidences to prove that such persons are absent for 06 consecutive months or more. In case of petitions for the Courts to take measures to manage the properties of the absent persons, the petitioners must provide materials and evidences on the situation of properties of the absent persons, the management of the existing properties as well as the list of the absent persons’ relatives.

Article 382. Preparation for consideration of petitions for issuing notices on search of persons absent from their residence places

Within the above-mentioned time limit, the Courts may issue decisions to terminate the petition consideration if the persons on search notice return and request the Courts to terminate the consideration of the petitions.

Article 383. Decisions to issue notices on search of persons absent from their residence places

In case of accepting a petition the Court shall issue a notice on search of a person absent from his/her residence place. If a petition for the Court to take necessary measures to manage the properties of the absent person is accepted, the court’s decision to accept the petition must also decide on the application of measures to manage the properties of such person according to the provisions of the Civil Code.

Article 384. Notices on search of persons absent from their residence places

A notice on search of a person absent from his/her residence place must contain the following principal contents:

1. Date of issuance of the notice;

2. Name of the Court that issues the notice;

3. Serial number and date of the court’s decision to issue a notice on search of a person absent from his/her residence place;

4. Full name and address of the petitioner;

5. Full name, date of birth or age of the person to be searched for and the address of his/her latest residence place before his/her absence.

6. Addresses of agencies, organizations and individuals for contacts by the person to be searched for or other persons having information on the person to be searched for.

Article 385. Announcement of notices on search of persons absent from their residence places

1. Within 01 month from the day on which the Court issues decision to issue a notice on search of a person absent from his/her residence place, such decision must be posted on one of central dailies for three consecutive issues, e-portal of the Court and/or People's Committee of province (if any) and broadcasted on the central radio or television channels three times for 03 consecutive days.

2. All expenses for the publication or broadcasting of notices on search of persons absent from their residence places shall be borne by the petitioners.

Article 386. Effect of decisions on issuance of notices on search of persons absent from their residence places

Decisions on issuance of notices on search of persons absent from their residence places prescribed in Article 383 of this Code shall automatically expire in cases where the persons to be searched for return.

Chapter XXVI

PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING A PERSON MISSING

Article 387. Petition for declaring a person missing

1. Persons with related rights and interests shall be entitled to request the Court to declare a person missing under the provisions of the Civil Code.

2. The petitions must be accompanied by materials and evidences to prove that the persons who are requested to be declared missing have been absent for 02 consecutive years or more without reliable information on whether they are still alive or dead and prove that the petitioners have taken sufficient measures for search notices. In cases where the Courts have issued decisions on notice on search of the persons absent from their residence places, copies of such decisions must also be submitted.

Article 388. Preparation for consideration of petition for declaring a person missing

1. Within 20 days as from the date of receiving a petition for declaring a person missing, the Court shall issue a decision on a notice on search of the person who is requested to be declared missing.

2. The content of such a notice and the announcement of the notice shall comply with the provisions of Articles 384 and 385 of this Code. The time limit for such a search notice shall be 04 months from the day on which such notice is posted or broadcasted for the first time.

3. Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared missing returns and requests the Court to stop considering the petition, the Court shall issue a decision to terminate the consideration of the petition for declaring that person missing.

4. Within 10 days from the day on which the time limit for search notice prescribed in clause 2 of this Article expires, the Court must open meeting for considering the petition.

Article 389. Decision to declare a person missing

In case of accepting a petition, the Court shall issue a decision declaring a person missing. In cases where the Court is requested to take measures to manage properties of the person who is declared missing and the request is accepted, the decision declaring a person missing must also indicate specific measures to be taken to manage properties of that person according to the provisions of the Civil Code.

Article 390. Annulment of a decision to declare a person missing

1. The person who returns after being declared missing or persons with related rights and interests is entitled to request the Court to annul the decisions to declare a person missing as provided for in the Civil Code.

2. In case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person missing, deciding on the legal consequences of the annulment of the decision declaring such person missing under the provisions of the Civil Code.

Chapter XXVII

PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING PERSONS DEAD

Article 391. Right to file petition for declaring a person dead

1. Persons with related rights and interests may request the Court to declare a person dead according to the provisions of the Civil Code.

2. The petitions must be accompanied by materials and evidences to prove that the persons who are requested to be declared dead are of the cases specified by the Civil Code.

Article 392. Preparation for consideration of petition for declaring a person dead

1. Within 20 days as from the date of receiving a petition for declaring a person dead, the Court shall issue a decision on a notice on search of the person who is requested to be declared dead.

2. The content of such a notice, the announcement of the notice and the time limit for announcement shall comply with the provisions of Articles 2 and 388 of this Code.

3. Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared dead returns and notify the Court, the Court shall issue a decision to terminate the consideration of the petition for declaring that person dead.

4. Within 10 days from the day on which the time limit for announcement of notice expires, the Court shall open a meeting to consider the petition.

Article 393. Decision to declare a person dead

In case of accepting a petition, the Court shall issue a decision declaring a person dead. In such decision, the Court shall determine the day on which that person died and the legal consequences of declaring a person dead according to the provisions of the Civil Code.

Article 394. Petitions to annul decisions that have declared persons dead

1. In cases where the person who is declared dead returns or where there is reliable information affirming that such person is still alive, that person or persons with related rights and interests may request the Court to issue decision to annul the decision that has declared such person dead.

2. The petitions must be accompanied by materials and evidences to prove that the persons who are declared dead have returned or are still alive.

Article 395. Decisions to annul decisions that have declared persons dead

In case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person dead. In the latter decision, the Court must determine the legal consequences of the annulment of the decision declaring a person dead according to the provisions of the Civil Code.

Chapter XXVIII

PROCEDURES FOR RESOLUTION OF PETITIONS FOR RECOGNITION OF VOLUNTARY DIVORCES AND AGREEMENTS ON CHILD CUSTODY AND PROPERTY DIVISION UPON DIVORCES

Article 396. Petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces

1. Any person requesting for recognition of voluntary divorces and agreements on child custody and property division upon divorces must submit petitions. A petition must include information specified in clause 2 Article 362 of this Code.

2. Any person requesting for recognition of voluntary divorces and agreements on child custody and property division upon divorces must submit petitions. In such cases, both husbands and wives shall be considered the petitioners.

3. Enclosed with the petitions shall be materials and evidences proving that agreements on voluntary divorces and agreements on child custody and property division upon divorces are well-grounded and lawful.

Article 397. Mediation and recognition of voluntary divorces and agreements on child custody and property division upon divorces

1. Within the time for preparation for recognition of petitions, before conducting mediations to unify husbands and wives, when it is deemed necessary, Judges may ask for opinions of family affair authorities and/or children affair authorities about conditions of families of such husbands and wives, reasons for the rising of contradictions and expectation of husbands, wives and children related to the cases.

2. Judges must conduct mediations to unify husbands and wives; explain about rights and obligations between wife and husband, parents and children and between members of family and rights and obligations in providing alimonies and other matters related to marriage and family.

3. If after the mediations, the wives and the husbands decide to reunite, Judges shall issue decisions to terminate the resolution of their petitions.

4. If the mediations are not successful, the Judges shall make decisions to recognize the voluntary divorces and agreements between involved parties as provided for in Article 212 of this Code in the following conditions are fully satisfied:

a) The two sides really volunteer to divorce;

b) The two sides have reached agreements on whether or not to divide the common properties, on the care, rearing and education of their children;

c) Such agreements ensure the legitimate interests of the wives and their children.

5. If the mediations for reunification are not successful and involved parties cannot reach agreements about the division of properties and the care, rearing and education of children, then the Courts shall terminate the settlement of civil matters pertaining to recognition of voluntary divorces and agreements on child custody and property division and accept the cases for resolution. The Courts are not required to make notifications of the acceptance of the cases or to assign other Judges to take charge of the cases. The settlement of the cases shall be conducted according to common procedures prescribed in this Code.

Chapter XXIX

PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARATION OF NOTARIZED DOCUMENTS TO BE INVALID

Article 398. Petitions for declaration of notarized documents to be invalid

1. Notaries who have carried out notarization, requesters for notarization, witnesses, persons with related rights and interests and competent state agencies may request Courts to declare notarized documents invalid when they have grounds to believe that the notarization was performed against the law on notarization.

2. A petition for a Court to declare a notarized document invalid must contain the details prescribed in Clause 2, Article 362 of this Code.

3. Accompanying the petition for a Court to declare a notarized document invalid must be materials and evidences to prove that such petition is well-grounded and lawful.

Article 399. Preparation for consideration of petitions for declaration of notarized documents to be invalid

1. The time limit for preparing for consideration of a petition for declaration of a notarized document to be invalid shall be 01 month, counting from the day on which the Court accepts such petition. Past this time limit, the Court shall issue a decision to open a meeting to consider the petition.

2. After accepting a petition for declaration of a notarized document to be invalid, the competent Court shall immediately notify such to the notary bureau, notary office or notary that has performed the notarization, notarization requester, persons with related rights and interests, competent state agencies and same-level procuracies.

3. Within the time limit for preparing for consideration of a petition, if the petitioner withdraws his/her petition, the Court shall issue a decision to terminate the consideration of the petition.

4. Within 15 days after issuing a decision to open a meeting, the Court shall open the meeting to consider the petition.

Article 400. Decisions to declare notarized documents invalid

1. The Court may accept or not accept petitions for declaration of notarized documents to be invalid.

2. In case of accepting a petition, the Court shall issue a decision to declare a notarized document invalid. In this decision the Court shall decide on legal consequences of its declaration as prescribed by law.

Chapter XXX

PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARATION OF LABOR CONTRACTS/COLLECTIVE BARGAINING AGREEMENTS TO BE INVALID

Article 401. Petitions for declaration of a labor contract/collective bargaining agreement to be invalid

1. Employees, employers, representative organizations of employees’ collectives and competent agencies may request competent Court to declare a labor contract/collective bargaining agreement to be invalid when they have grounds provided for in the Labor Code.

2. A petition of an employee/employer/representative organization of employees’ collective and a written request of competent agencies must contain the details specified in clause 2 Article 362 of this Code.

Article 402. Consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid

1. The time limit for preparing for consideration of a petition for declaration of a labor contract to be invalid shall be 10 days, declaration of a collective bargaining agreement to be invalid, counting from the day on which the Court accepts such petition. Past this time limit, the Court shall issue a decision to open the meeting for considering the petition.

2. After accepting the petition for declaration of a labor contract or a collective bargaining agreement to be invalid, the Court shall send the notification of acceptance to the petitioner, the employer, the employee collective’s representative organizations and the procuracy of the same level.

3. Within the time limit for preparing for consideration of a petition or a written request, if the petitioner withdraws his/her petition, the Court shall issue a decision to terminate the consideration of such petition/request.

4. Within 05 working days after issuing the decision to open a meeting, the Court shall open the meeting to consider the petition for declaration of a labor contract to be invalid.

Within 10 working days after issuing the decision to open a meeting, the Court shall open the meeting to consider the petition for declaration of a collective bargaining agreement to be invalid.

5. When considering the petition, the Judge may accept or not accept the request for declaration of labor contract or collective bargaining agreement to be invalid.

If the request is accepted, the Judge shall issue a decision to declare the labor contract/collective bargaining agreement to be invalid. In this decision, the Judge shall settle the legal consequence of the declaration of the labor contract/collective bargaining agreement to be invalid.

6. The decision to declare a labor contract/collective bargaining agreement to be invalid must be sent to the petitioner or requester, the employer, the employee collective’s representative organization and the labor affair authority of the area where the enterprise is headquartered and labor affair authorities of the same level, applicable to cases pertaining to enterprises do not have main headquarters in Vietnam.

Chapter XXXI

PROCEDURES FOR CONSIDERING THE LEGITIMACY OF A STRIKE

Article 403. Requesting a Court to consider the legitimacy of a strike

1. During a strike or within 03 months from the day on which the strike comes to an end, either the employer or the employee collective’s representative organization may request the Court to consider the legitimacy of a strike.

2. Person requesting the Court to consider the legitimacy of a strike must send the request to the Court in writing. Such written request must contain the following principal details:

a) Details specified in clause 2 Article 362 of this Code;

b) Name and address of the organization that led the strike;

c) Name and address of the employer of the employees’ collective on strike.

3. The request must be enclosed with copies of the decision to go on strike, decision or mediation record of a competent agency or organization engaged in the settlement of the collective labor dispute, materials and evidences related to the consideration of the legitimacy of the strike.

Article 404. Procedures for sending a written request to a Court for consideration of the legitimacy of a strike

Procedures for sending and receiving a written request and performing the obligation to provide materials and evidences for a Court for the consideration and decision on the legitimacy of a strike at the Court shall be conformable to provisions of this Code.

Article 405. Jurisdiction to consider the legitimacy of a strike

1. The People’s Court of province where the strike takes place shall have the jurisdiction to consider the legitimacy of the strike.

2. Collegial People’s Courts shall have the jurisdiction to settle the appeals against the decisions of People’s Courts of provinces on the legitimacy of the strikes within their territorial competence.

Article 406. Composition of the panel in charge of considering the legitimacy of a strike

1. A People’s Court of province shall consider the legitimacy of a strike through a panel comprised of 3 Judges.

2. A Collegial People’s Court shalls settle an appeal against a decision on the legitimacy of a strike through a panel comprised of 3 Judges.

Article 407. Participants in a meeting for considering the legitimacy of a strike

1. The panel in charge of considering the legitimacy of the strike chaired by one Judge; the Court clerk for recording the meeting minute.

2. Procurators of the procuracy of the same level.

3. Representatives of the employee collective’s representative organization and the employer.

4. Representatives of other agencies and organizations as requested by the Court.

Article 408. Postponement of a meeting for considering the legitimacy of a strike

1. A meeting for considering the legitimacy of a strike shall be postponed according to regulations in Article 233 of this Code provided for the postponement of a Court session.

2. The postponement of a meeting for considering the legitimacy of a strike must not exceed 03 working days from the day on which the decision to postpone the meeting is made.

Article 409. Termination of the consideration of the legitimacy of a strike

The Court shall terminate the consideration of the legitimacy of a strike in the following cases:

1. The petitioner withdraw his/her petition;

2. Parties have reached agreement on the settlement of the strike and request in writing to the Court for not settling the strike;

3. The petitioner is absent though has been duly summoned twive, except for force majeure events or objective obstacles.

Article 410. Procedures for processing a written request for consideration of the legitimacy of a strike

1. Upon the receipt of a petition, the Chief Justice of People’s Court of province shall decide to establish a Panel to consider the legitimacy of the strike and assign one Judge to take main charge of settling such petition.

2. Within 05 working days from the day on which the petition is received, the Judge assigned to presider over the settlement of the petition must make a decision to hold a meeting for considering the legitimacy of the strike. The deicision to hold a meeting for considering the legitimacy of the strike must be immediately sent to the representative organization of employees’ collective, the employerm the procuracy of the same level and relevant agencies and organizations.

3. Within 05 working days from the day on which the decision to hold a meeting for considering the legitimacy of a strike is issued, the Panel in charge of considering the legitimacy of the strike must hold a meeting for considering the legitimacy of the strike.

Article 411. Process of a meeting for considering the legitimacy of a strike

1. The Judge presiding over the meeting for considering the legitimacy of the strike announces the decision to hold a meeting for considering the legitimacy of the strike and summarize the petition.

2. Representative of the employee collective’s representative organizations and representative of the employer present their opinions.

3. The Judge presiding the meeting for considering the letigimacy of the strike may request representatives of agencies and organizations participating in the meeting to express their opinions.

4. The procurator presents opinions of the procuracies about the consideration of the legitimacy of the strike.

Immediately when the meeting finishes, the procurator shall send the opinions in writing to the Court for recording in the civil-matter files.

5. The panel considering the legitimacy of the strike discusses and makes decision under the majority rule.

Article 412. Decision on the legitimacy of a strike

1. A decision of the Court on the legitimacy of a strike must clearly state the reason and grounds to conclude on the legitimacy of the strike.

The decision of the Court on the legitimacy of a strike must be publicly announced at the meeting and must be immediately sent to the employee collective’s representative organization, the employer and the procuracy of the same level. The employees‘ collective and the employer shall be responsible for implementing the decision of the Court but may also file appeals and the procuracy may file appeals against such decision.

2. When the decision of the Court on the legitimacy of the strike has been announced, if the strike is ruled to be illegal, the employees on strike must immediately stop goin on strike and return to work.

Article 413. Order and procedures for settling appeals against the decisions on the legitimacy of a strike

1. Immediately when the appeallate petition or the appeal decision against the legitimacy of a strike is received, the Collegial People’s Court shall request in writing the Court that has considered the legitimacy of the strike to forward the files of the case to it for consideration/settlement.

2. Within 03 working days from the day on which the petition is received, the Court that has issued the decision on the legitimacy of the strike must forward the case files to the Collegial People’s Court for considering and settling.

3. Within 02 working days from the day on which the case file is received, the Chief Justice of the Collegial People’s Court shall make decisions to formulate an Appellate Panel to consider the legitimacy of the strike and assign a Judge to preside over the study of files.

Within 05 working days from the day on which the Collegial People’s Court receives the case files, the Appellate Panel shall consider the appeal against the decision on the legitimacy of the strike.

The decision of the Appeallate Panel on the legitimacy of the strike shall be the final one.

Chapter XXXII

PROCEDURES FOR RESOLUTION OF CIVIL MATTERS RELATING TO COMMERCIAL ARBITRATION ACTIVITIES IN VIETNAM

Article 414. Civil matters relating to Vietnamese commercial arbitration activities that fall under the jurisdiction of the court

1. Appointment or change of arbitrators;

2. Application, change or cancellation of provisional emergency measures.

3. Annulment of arbitral award.

4. Resolution of complaints against decisions of the arbitral tribunal about invalid arbitration agreements, inexecutable arbitration agreements or jurisdiction of arbitral tribunal.

5. Collection of evidences.

6. Summoning witnesses.

7. Registration of arbitral award.

8. Other civil matters prescribed by the legislation on Vietnamese commercial arbitration.

Article 415. Resolving procedures

Procedures for resolution of civil matters pertaining to Vietnamese commercial arbitration activities shall comply with the provisions of the legislation on Vietnamese commercial arbitration.

Chapter XXXIII

PROCEDURES FOR RECOGNITION OF SUCCESSFUL OUT-OF-COURT MEDIATION RESULTS

Article 416. Recognition of successful out-of-Court mediation results

The Court shall consider issuing the decision to recognize the result of an out-of-Court mediation in a dispute between agencies, organizations and individuals that is conducted by a competent agency, organization or individual according to law regulations on mediation to be a successful mediation result.

Article 417. Conditions for recognition of successful out-of-Court mediation result

1. Parties of the mediation agreement have sufficient civil act capacity.

2. Parties of the mediation agreement are persons who have rights and obligations towards the mediation contents. If the successful mediation contents are related to rights and obligations of a third party, such mediation must be agreed by such party.

3. Either or both parties file application to the Court for recognition of the mediation.

4. Contents of the successful mediation are totally voluntary and are not contrary to law, not contrary to social ethics nor for evasion of obligations towards the State or the third party.

Article 418. Application for recognition of successful out-of-Court mediation results

1. Any person applying for successful out-of-Court mediation results must submit his/her application to the Court within 06 months from the day on which the successful mediation agreement between parties are reached.

An application must contain the following principal details:

a) Those specified in points a, b, c, dd, e and g clause 2 Article 362 of this Code;

b) Name and address of individual/organization conducting the mediation;

c) The contents of successful mediation agreement to be recognized by the Court.

2. Enclosed with the application shall be documents about the successful mediation result according to relevant law provisions.

Article 419. Procedures for recognition of successful out-of-Court mediation results

1. Procedures for receiving and processing a successful out-of-Court mediation result shall comply with regulations specified in Article 363, 364 and 365 of this Code.

2. The time limit for preparing for consideration of an application shall be 15 days from the day on which it is accepted by the Court; past this time limit, the Court shall issue decisions to hold a meeting for considering the application.

The time limit for opening a meeting for considering the application shall be 10 days from the day on which the Court issues the decision to open the meeting.

3. Within the time limit for preparing for consideration of the application, the Judge assigned to consider the application shall have the following rights:

a) To request the parties in the mediation and persons with relevant interests and duties to express opinions about the request of the applicant for recognition of successful mediation result and/or to clarify the request or supplement materials if necessary;

b) To request agencies, organizations or individuals having jurisdiction to conduct mediation to supply the Court materials to serves as the basis for the consideration of application of involved parties if it is deemed necessary.

Agencies, organizations and individuals receiving the requests of the Court shall respond within 05 working days from the day on which such requests are received.

4. Participants in the meeting for consideration of the application and procedures for consideration of the application shall comply with regulations in Article 367 and Article 369 of this Code.

5. The Judge shall make decisions to recognize the successful out-of-Court mediation result when conditions specified in Article 417 of this Code are fully satisfied. A decision of the Court must contain the details specified in Article 370 of this Code.

6. The Judge shall make decisions to not recognize the successful out-of-Court mediation result when conditions specified in Article 417 of this Code are not fully satisfied.

The refusal to recognize the successful out-of-Court mediation result shall not affect the contents and legal value of such out-of-Court mediation result.

7. The decision to recognize or to not recognize a successful out-of-Court mediation result shall be sent to the parties of the mediation agreement, persons with relevant interests and duties and the procuracy of the same level.

8. The decision to recognize or to not recognize a successful out-of-Court mediation result shall immediately take effect and shall not be appealed against according to appellate procedures.

9. The decision to recognize or to not recognize the successful out-of-Court mediation result shall be enforced according to law regulations on enforcement of civil judgments.

Chapter XXXIV

PROCEDURES FOR SETTLEMENT OF CIVIL MATTERS RELATED TO THE ARREST OF AIRCRAFTS OR SEAGOING VESSELS

Article 420. Right to request the Court to arrest an aircraft or a seagoing vessel

1. Any agencies, organizations or individuals shall be entitled to request the Court to arrest an aircraft at an airport or an airfield to ensure the benefits of the creditor, owner or the third party who suffer damage on the surface or other people with rights and interests towards the aircraft or to enforce a civil judgment according to law regulations on Vietnam’s civil aviation.

2. Any agencies, organizations or individuals may request the Court to arrest a seagoing vessel to ensure the settlement of maritime complaints to enforce a civil judgment or to provide Judicial assistance.

Article 421. Jurisdiction of the Court to arrest an aircraft or a seagoing vessel

1. The People’s Court of province where is the location of the airport/airfield where the aircraft which is requested to be arrested landed shall have jurisdiction to make a decision to arrest such aircraft.

2. The People’s Court of province where is the location of the seaport/inland port where the seagoing vessel which is requested to be arrested is operating shall have the jurisdiction to make a decision to arrest such vessel. If such seaport is comprised of multiple wharves that are located in multiple provinces and central-affiliated cities, the People’s Court of province where is the location of the wharf where the seagoing vessel which is requested to be arrested is operating shall have the jurisdiction to make a decision to arrest such vessel.

Article 422. Procedures for arresting aircrafts or seagoing vessels

Procedures for processing civil matters related to the arrest of an aircraft or a seagoing vessel shall comply with law regulations on arrest of aircrafts and/or seagoing vessels.

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Ly hôn đơn phương là quyền của một bên vợ hoặc chồng khi hôn nhân rơi vào tình trạng không thể cứu vãn. Tuy nhiên, pháp luật cũng đặt ra những giới hạn nhất định nhằm bảo đảm quyền lợi của các bên liên quan và tránh lạm dụng quyền yêu cầu ly hôn. Theo quy định mới nhất năm 2025, có 03 trường hợp cụ thể mà tòa án sẽ không chấp nhận yêu cầu ly hôn đơn phương dù có đầy đủ lý do. Bài viết dưới đây sẽ phân tích chi tiết về 03 trường hợp không được đơn phương ly hôn mới nhất 2025. 18/12/2024

Có được ly hôn đơn phương vắng mặt không mới nhất 2025?

Có được ly hôn đơn phương vắng mặt không mới nhất 2025?

Ly hôn đơn phương là thủ tục pháp lý khi một bên vợ hoặc chồng yêu cầu tòa án giải quyết ly hôn mà không có sự đồng thuận của bên còn lại. Tuy nhiên, trong một số trường hợp đặc biệt, đương sự có thể vắng mặt trong quá trình xét xử ly hôn đơn phương. Vấn đề này thường gây nhiều thắc mắc về tính hợp pháp và điều kiện áp dụng. Theo quy định pháp luật mới nhất năm 2025, việc ly hôn đơn phương vắng mặt đã được làm rõ hơn nhằm bảo đảm quyền lợi và trách nhiệm của các bên liên quan. Bài viết này sẽ phân tích chi tiết quy định về ly hôn đơn phương khi một bên vắng mặt tại tòa án mới nhất 2025. 18/12/2024