What are the conditions for application of simplified procedures for first-instance trials in civil, criminal and administrative procedures in Vietnam?
- What are the conditions for application of simplified procedures for first-instance trials in civil procedures in Vietnam?
- What are the conditions for the application of simplified procedures for first-instance trials in criminal procedures in Vietnam?
- What are the conditions for applications of simplified procedures for first-instance trial in administrative procedures in Vietnam?
What are the conditions for application of simplified procedures for first-instance trials in civil procedures in Vietnam?
According to the provisions of Clause 1, Article 317 of the 2015 Civil Procedure Code of Vietnam, the Court shall resolve a case according to simplified procedure when all of the following conditions are satisfied:
- 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;
- Addresses of residence and headquarters of all of involved parties are determined;
- 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.
What are the conditions for application of simplified procedures for first-instance trials in civil, criminal and administrative procedures in Vietnam?
What are the conditions for the application of simplified procedures for first-instance trials in criminal procedures in Vietnam?
Pursuant to Article 456 of the 2015 Criminal Procedure Code of Vietnam on the conditions for the application of simplified procedures in criminal procedures are as follows:
Conditions for the application of simplified procedure
1. Simplified procedure shall be applied during the stage of investigation, prosecution and trial in the first instance upon the satisfaction of these conditions:
a) The perpetrator of criminal acts confesses or is caught in the act;
b) The crime is plain and evidences are lucid;
c) The crimes committed are misdemeanors;
d) The perpetrator of crimes has manifest address of residence and personal record.
2. Simplified procedure shall be applied for trial in the second instance upon the satisfaction of one of these conditions:
a) Simplified procedure was applied for the trial in the first instance. Furthermore, appeals or protests are lodged to commute or suspend sentences;
b) Simplified procedure was not applied for the trial in the first instance despite the satisfaction of all conditions in Section 1 of this Article. Moreover, appeals or protests are lodged to commute or suspend sentences.
Thus, the simplified procedure shall be applied during the stage of investigation, prosecution and trial in the first instance upon the satisfaction of these conditions:
- The perpetrator of criminal acts confesses or is caught in the act;
- The crime is plain and evidences are lucid;
- The crimes committed are misdemeanors;
- The perpetrator of crimes has manifest address of residence and personal record.
In addition, simplified procedure shall be applied for trial in the second instance upon the satisfaction of one of these conditions:
- Simplified procedure was applied for the trial in the first instance. Furthermore, appeals or protests are lodged to commute or suspend sentences;
- Simplified procedure was not applied for the trial in the first instance despite the satisfaction of all conditions for simplified procedure applied during the stage of investigation, prosecution and trail in the first instance. Moreover, appeals or protests are lodged to commute or suspend sentences.
What are the conditions for applications of simplified procedures for first-instance trial in administrative procedures in Vietnam?
An administrative case shall be settled according to simplified procedures when all the conditions specified in Clause 1, Article 246 of the Law on Administrative Procedures in Vietnam are satisfied.
Conditions for application of simplified procedures
1. A case shall be settled according to simplified procedures when the following conditions are fully satisfied:
a/ Its circumstances are simple with sufficient and clear documents and evidences, ensuring sufficient grounds for the settlement, not requiring the court to collect documents and evidences;
b/ Involved parties have clear addresses of residence and working offices;
c/ There is no involved party residing overseas, unless the involved party residing overseas agrees with the involved party in Vietnam to request the court to settle the case according to simplified procedures.
2. During the settlement of a case according to simplified procedures, the court shall issue a decision to shift to settling the case according to general procedures in any of the following cases:
a/ New circumstances occur on which the involved parties cannot reach agreement and which require verification and additional collection of documents or evidences or an expert examination;
b/ The involved parties cannot reach agreement on prices, requiring the asset valuation;
c/ A provisional urgent measure needs to be applied;
d/ There are more persons with related interests and obligations;
dd/ An independent claim is made;
e/ There is an involved party residing overseas, requiring judicial mandate, except the case specified at Point c, Clause 1 of this Article.
3. If a case is shifted to be settled according to general procedures, the time limit for preparing the trial of the case shall be re-counted from the date of issuance of the decision to shift to settling the case according to general procedures.
Thus, a case shall be settled according to simplified procedures when the following conditions are fully satisfied:
- Its circumstances are simple with sufficient and clear documents and evidences, ensuring sufficient grounds for the settlement, not requiring the court to collect documents and evidences;
- Involved parties have clear addresses of residence and working offices;
- There is no involved party residing overseas, unless the involved party residing overseas agrees with the involved party in Vietnam to request the court to settle the case according to simplified procedures.
LawNet
