Phần thứ tư Bộ luật tố tụng dân sự 2015: Giải quyết vụ án dân sự theo thủ tục rút gọn

PART FOUR

RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURES

Chapter XVIII

RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURES AT FIRST-INSTANCE TRIALS

Article 316. Scope of application of simplified procedures

1. Simplified procedures are procedures that are applied to resolve civil lawsuits which fully satisfy conditions specified in this Code in simpler procedures than common civil lawsuit resolution procedures to resolve the cases quickly but still ensure the compliance with law.

2. Provisions of the Part shall be applied to resolve cases according to simplified procedures; cases other than those specified in this Part shall be resolved according to other provisions of this Code.

3. If there are other law provisions stating that a civil dispute shall be resolved according to simplified procedure, the resolution of such dispute shall be conducted according to procedures specified in this Part.

Article 317. Conditions for application of simplified procedures

1. The Court shall resolve a case according to simplified procedure when all of the following conditions are satisfied:

a) The case has simple details, clear legal relationship and the involved parties have admitted their obligations; materials and evidences are sufficient, ensuring the sufficiency of grounds for the resolution of the case and the Court does not have to collect materials/evidences;

b) Addresses of residence and headquarters of all of involved parties are determined;

c) None of involved parties reside overseas and there are no properties being in dispute are in foreign countries, unless the involved parties residing overseas and the ones residing in Vietnam have reached agreements to request the Courts to resolve the cases according to simplified procedures or the involved parties have presented evidences about the legitimate right to ownership towards the properties and have reached agreements about the handling of the properties.

2. Regarding labor cases that have been accepted and settled according to simplified procedures, if the employers having foreign nationalities or their lawful representatives have left their residence/headquarter addresses that have been priorly declared without notification to other involved parties and the Courts, such entities shall be considered to conceal their addressees on purpose. The Courts shall continue resolving the cases according to simplified procedure specified in this Part.

3. During the preparation for the resolution of the cases according to simplified procedures, if any of the following details is detected and, as the result, the cases no longer eligible for resolution according to simplified procedures, the Courts shall make decisions to resolve the cases according to common procedures:

a) New details are found out but the involved parties cannot reach agreements and therefore such details need verification, more materials and evidences need to be collected and expertises need to be conducted;

b) Involved parties cannot reach agreements about the prices of the properties being in dispute and such properties shall be subject to price assessment/appraisal;

c) Cases where provisional emergency measures must be applied;

d) New persons with relevant interests and duties are found out;

dd) New counter-claims or independent claims are found out;

e) New involved parties who reside overseas, properties in dispute that are in foreign countries, requirements for verification or collection of evidences from foreign countries subject to request for judicial assistance, except for cases specified in point c clause 1 of this Article.

4. If the cases are transferred for resolution according to common procedures, the duration for preparation for the resolution of the cases shall be re-counted from the day on which the decisions to transfer the cases for resolution according to common procedures are issued.

Article 318. Decisions to bring cases to trial for resolution according to simplified procedures

1. Within 01 month from the day on which the cases are accepted according to regulations in clauses 3 and 4 Article 195 of this Code, the Judge who are assigned to resolve the case must make decisions to bring the cases to trial for resolution according to simplified procedures and shall hold the trials within 10 days from the day on which the decisions are issued.

2. A decision to bring a case to trial for resolution according to simplified procedures shall include the following main contents:

a) Date of issuing the decision;

b) Name of the Courts making the decision;

c) The case that is brought to trial for resolution according to simplified procedure;

d) Names, addresses; phone numbers, fax numbers, e-mail addresses (if any) of the plaintiffs, the defendants or agencies, organizations or individuals initiating lawsuits specified in Article 187 of this Code and persons with relevant interests and duties;

dd) Full names of the Judge, the Court clerk; full name of the alternate Judge (if any);

e) Full name of the procurator; full name of the alternate procurator (if any);

g) Date, time and place of holding the Court session;

h) Whether the session is open trial or closed trial;

i) Full names of persons summoned to the Court session.

3. The decisions to bring the case to trial for resolution according to simplified procedures shall be immediately sent to involved parties and procuracies of the same levels.

If the procuracies participate in the Court sessions according to regulations in clause 2 Article 21 of this Code, the Courts shall send the case files and the decisions to bring the cases to trial to procuracies of the same levels. Within 03 working days from the day on which the case files are received, the procuracies shall study the files and return them to the Courts.

Article 319. Complaints, recommendations about decisions to bring cases to trial for resolution according to simplified procedures and resolution thereof

1. Within 03 working days from the day on which the decisions to bring the cases to trial for resolution according to simplified procedures are received, involved parties may file complaints and the procuracies of the same levels may file recommendations to the Chief Justices of the Courts issuing such decisions.

2. Within 03 working days from the day on which the complaints/recommendations about the decisions to bring the cases to trial for resolution according to simplified procedures are received, the Courts shall issue one of the following decisions:

a) To uphold the decision to bring the case to trial for resolution according to simplified procedures;

b) To repeal the decision to bring the case to trial for resolution according to simplified procedure and transfer the case for resolution according to common procedures.

3. The decisions on resolution of complaints/recommendations issued by the Courts shall be the final ones and must be immediately sent to the involved parties and the procuracies of the same levels.

Article 320. Court sessions conducting simplified procedures

1. Involved parties, procurators of procuracies of the same levels must attend the Court sessions conducting simplified procedures. If the procurators are absent, the trial panels shall still hold the session. Involved parties may apply for trial in their absence.

If the defendants or the persons with relevant interests and duties are absent without good and sufficient reasons though have been duly summoned, the Court sessions shall be still carried out by the Judge.

2. The Judge shall carry out the opening of the Court sessions according to regulations in Article 239 of this Code.

3. When the Court sessions have been opened, the Judge shall conduct mediation process, except for cases must not be mediated specified in Article 206 and cases cannot be mediated specified in Article 207 of this Code. If the involved parties can reach agreements about matters to be resolved in the cases, the Judge shall issue decisions to recognize such agreements as provided for in Article 212 of this Code. If the involved parties fail to reach agreements about such matters, the Judge shall conduct the resolution process.

The presentation, argument, question and answer and suggestion about the resolution of the cases shall comply with regulations in Section 3 Chapter XIV of this Code.

4. If at the Court sessions, new details detected as prescribed in clause 3 Article 317 of this Code make the cases no longer eligible for resolution according to simplified procedures, then the Judge shall consider issuing decisions to transfer the cases for resolution according to common procedures. In these cases, time limit for preparation for the resolution of the cases shall be counted according to regulations in clause 4 Article 317 of this Code.

Article 321. Effect of judgments/decisions made according to simplified procedures

1. First-instance judgments/decisions of the Courts made according to simplified procedures can be appealed against according to appellate procedures to request the first-instance Courts to re-settle the cases according to appellate simplified procedures.

2. Judgments/decisions made according to simplified procedures can be appealed against according to cassation/reopening procedures as provided for in this Code.

Chapter XIX

RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURE AT APPELLATE TRIALS

Article 322. Time limit for appeal against judgments/decisions made according to simplified procedures

1. Time limit for filing appeal against a judgment/decision of first-instance Court issued according to simplified procedures shall be 07 days from the day on which the judgment is pronounced. Regarding involved parties who were absent from the Court sessions, time limit for them to appeal against judgments/decisions shall be counted from the day on which such judgments/decisions are received or the day on which such judgments/decisions are posted.

2. Time limit for filing appeal against a judgment/decision of the first-instance Court issued according to simplified procedure shall be 07 days (applicable to appeals made by procuracies of the same levels) or 10 days (applicable to appeals made by the immediately superior procuracies) from the day on which such judgment/decision is received.

Article 323. Time limit for preparation for appellate trials conducted according to simplified procedures

1. Within 01 month from the day on which the cases are accepted, for specific cases, the Judge assigned to resolve the cases according to appellate procedures shall issue one of the following decisions:

a) To suspend the appellate process of the case;

b) To terminate the appellate process of the case;

c) To bring the case to appellate trial.

2. The decisions to bring cases to trial shall contain the information specified in clause 1 Article 290 of this Code. The decisions to bring cases to trial must be immediately sent to persons related to the appeal process and the procuracies of the same level, enclosed with the file cases for study.

Time limit for the procuracies to study the case files shall be 05 working days counting from the day on which the case files are received; when such time limit expires, the procuracies must return them to the Courts.

3. If a decision to terminate the appellate process for the case is issued, time limit for preparation for the appellate trial shall be re-counted from the day on which the Court resume the appellate trial process when the reasons for suspension are resolved.

4. If new details are found out as prescribed in clause 3 Article 317 of this Code, the Courts shall issue decisions to transfer the cases for resolution according to common procedures. In these cases, time limit for preparation for the resolution of the cases shall be counted according to regulations in clause 4 Article 317 of this Code.

Article 324. Appellate simplified procedures for judgments/decisions of first-instance Courts that are appealed against

1. Within 15 days from the day on which decisions to bring cases to appellate trial are issued, the Judges shall hold the appellate Court sessions.

2. Involved parties, procurators of procuracies of the same levels must attend the appellate Court sessions. If the procurators are absent, the trial panels shall still carry out the trials, unless the procuracies file appeals. Involved parties may apply for trial in their absence.

If the involved parties who do not file appeals are absent without good and sufficient reasons though have been duly summoned, the Judges shall still carry out the trials.

3. The Judge shall present briefly the contents of the first-instance judgments/decisions that are appealed against, contents of the appeals and the enclosed materials/evidences (if any).

4. Defense counsels of legitimate rights and interests of the involved parties shall make presentation and the involved parties shall supplement opinions about the contents of the appeals, present arguments, questions, answers and opinions about the resolution of the cases.

5. When the argument, questioning and answering finish, the procurators shall express the procuracies’ opinions about the compliance with law during the resolution of the civil lawsuits in the appellate stage.

Immediately when the Court sessions finish, procurators must send the writings containing procuracies’ opinions to the Courts to be kept in the case files.

6. When reviewing judgments/decisions of first-instance Courts that are appealed against, the Judges shall be entitled to:

a) Uphold the judgments/decisions of first-instance Courts;

b) Modify judgments/decisions of first-instance Courts;

c) Repeal the judgments/decisions of first-instance Courts and transfer the case files to first-instance Courts so that the cases could be resolve again according to simplified procedure, or according to common procedures in cases conditions for resolution according to simplified procedures are not fully satisfied;

d) Repeal the first-instance judgments and terminate the resolution of the cases;

dd) Terminate the appellate trials and uphold the first-instance judgments.

7. Appellate judgments/decisions shall be legally effective from the day on which the judgments/decisions are issued.