Can the decision to repeal the first instance judgment and to terminate the settlement of the civil case at the appellate level be subject to modification of the first instance court cost in Vietnam?
- What to do when the plaintiff withdraws the lawsuit petition in appellate court sessions?
- Can the decision to repeal the first instance judgment and to terminate the settlement of the civil case at the appellate level be subject to modification of the first instance court cost in Vietnam?
- In what cases does the appellate trial panel repeal the first-instance judgment?
What to do when the plaintiff withdraws the lawsuit petition in appellate court sessions?
Pursuant to Article 299 of the 2015 Civil Procedure Code of Vietnam stipulating as follows:
Plaintiffs withdraw lawsuit petitions before the opening of, or in, appellate Court sessions
1. If the plaintiffs withdraw their lawsuit petitions before the opening of, or in, appellate Court sessions, the appellate Trial Panels must ask the defendants whether they agree therewith or not and may settle on a case-by-case basis as follows:
a) Disapproving the withdrawal of lawsuit petitions by the plaintiffs if the defendants disagree;
b) Approving the withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The Appellate Trial Panels shall issue decisions to abrogate first-instance judgments and terminate the resolution of the cases. In this case, the involved parties are still required to pay the first-instance Court fees as decided by the first-instance Courts and half of the appellate Court fees as provided for by law.
2. In cases where the Appellate Trial Panels issue decisions to terminate the resolution of the cases as prescribed in point b clause 1 of this Article, the plaintiffs shall be entitled to re-institute the cases according to the procedures prescribed by this Code.
Thus, if the plaintiffs withdraw their lawsuit petitions, the appellate Trial Panels must ask the defendants whether they agree therewith or not and may settle on a case-by-case basis as follows:
- Disapproving the withdrawal of lawsuit petitions by the plaintiffs if the defendants disagree;
- Approving the withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The Appellate Trial Panels shall issue decisions to abrogate first-instance judgments and terminate the resolution of the cases. In this case, the involved parties are still required to pay the first-instance Court fees as decided by the first-instance Courts and half of the appellate Court fees as provided for by law.
Can the decision to repeal the first-instance judgment and to terminate the settlement of the civil case at the appellate level be subject to modification of the first-instance court cost in Vietnam?
Can the decision to repeal the first instance judgment and to terminate the settlement of the civil case at the appellate level be subject to modification of the first instance court cost in Vietnam?
For the case where the plaintiff withdraws the lawsuit petition, the defendant accepts the withdrawal of the lawsuit petition. The court finds that the court cost portion of the first instance judgment is wrong, in the decision to repeal the first instance judgment and stop the settlement of the case. The civil appellate level has the right to amend the first-instance court fee portion or not, based on subsection 6, Section IV of Official Dispatch 206/TANDTC-PC in 2022, as follows:
6. At the appellate court hearing, the plaintiff withdrew the lawsuit petition, and the defendant accepted the withdrawal of the lawsuit petition. The appellate trial panel issued a decision to repeal the first-instance judgment and stop the settlement of the case, but the appellate level found the court fee portion of the first-instance judgment to be wrong. So, in the decision to repeal the first-instance judgment and to terminate the settlement of the civil case, does the appellate level have the right to amend the first-instance court cost?
Point b, Clause 1, Article 299 of the 2015 Civil Procedure Code of Vietnam provides for the plaintiff to withdraw the lawsuit petition before the opening of, or in, appellate Court sessions as follows:
“Approving the withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The Appellate Trial Panels shall issue decisions to abrogate first-instance judgments and terminate the resolution of the cases. In this case, the involved parties are still required to pay the first-instance Court fees as decided by the first-instance Courts and half of the appellate Court fees as provided for by law."
Thus, in case the appellate court finds that the court costs in the first-instance judgments are wrong, the appellate court shall pronounce the first-instance court costs and appellate court costs in the decision to repeal the first-instance judgments and terminate the settlement of civil cases.
According to that, in case the appellate court finds that the court costs in the first-instance judgments are wrong, the appellate court shall pronounce the first-instance court costs and appellate court costs in the decision to repeal the first-instance judgments and terminate the settlement of civil cases.
In what cases does the appellate trial panel repeal the first-instance judgment?
Pursuant to Article 310 of the 2015 Civil Procedure Code of Vietnam stipulating as follows:
Repeal of the whole or parts of first-instance judgments and transfer of the case files to the first-instance Courts for retrial over the cases according to first-instance procedures
The appellate trial panels shall repeal the whole or parts of first-instance judgments and transfer the case files to the first-instance Courts for retrial over the cases according to first-instance procedures in any of the following cases:
1. The collection of evidences and proof have failed to comply with the provisions of Chapter VII of this Code or have not yet been fully carried out while the supplementation thereof cannot be made in the appellate Court sessions;
2. The composition of the first-instance Trial Panels has fail to comply with the provisions of this Code or other serious procedural violations have been committed and affect lawful rights and interests of the involved parties.
According to the above provisions, the Appellate Trial Panel will decide to repeal the first-instance judgment in civil proceedings in one of the following cases:
- The collection of evidences and proof have failed to comply with the provisions of Chapter VII of this Code or have not yet been fully carried out while the supplementation thereof cannot be made in the appellate Court sessions;
- The composition of the first-instance Trial Panels has fail to comply with the provisions of this Code or other serious procedural violations have been committed and affect lawful rights and interests of the involved parties.
LawNet
