How does the court handle the court fee advance in Vietnam for the part of the property that the litigant partially withdraws from the lawsuit claim?
- When examining the handover, access and disclosure of evidence, what issues will the judge ask the involved parties?
- How to suspend the settlement of civil cases in case of withdrawing lawsuit petitions?
- How are changes, additions and withdrawals considered?
- Regulations on decision-making to recognize the agreement of the parties?
- How is the court fee advance in Vietnam handled for the part of the property that the litigant withdraws from the lawsuit claim?
When examining the handover, access and disclosure of evidence, what issues will the judge ask the involved parties?
Pursuant to Clauses 2 and 3, Article 210 of the 2015 Civil Procedure Code, when examining the handover, access and disclosure of evidences, the judge shall announce documents and evidences contained in the case file and ask questions. litigants on the following matters:
- Claim and scope of lawsuit, amendment, supplement, change, withdrawal of lawsuit claim, counterclaim, independent claim; the issues that have been agreed, and the issues that have not been agreed upon, shall be requested by the Court for settlement;
- Documents and evidences already handed over to the Court and the sending of documents and evidences to other involved parties;
- Supplementing documents and evidences; request the Court to collect documents and evidences; request the Court to summon other involved parties, witnesses and other procedure participants at the court hearing;
- Other issues that the involved parties consider necessary.
- After the involved parties have finished presenting, the judge shall consider the opinions and settle the claims of the involved parties specified in Clause 2 of this Article. In case the person summoned by the Court is absent, the Court shall notify the outcome of the meeting to them.
How to suspend the settlement of civil cases in case of withdrawing lawsuit petitions?
Pursuant to Point c, Clause 1, Point c, Clause 2, Clause 3, and Clause 4, Article 217 of the 2015 Civil Procedure Code provides as follows:
- After accepting the case under its jurisdiction, the court shall issue a decision to terminate the settlement of the civil case in the following cases: The plaintiff withdraws the entire lawsuit claim or the plaintiff has been summoned valid for the second time but still absent, unless they request the trial in their absence or because of force majeure events or objective obstacles;
- In case the plaintiff withdraws the entire lawsuit claim or has been duly summoned for the second time but is still absent without a legitimate reason, he/she shall not request trial in his/her absence and in that case the defendant requests If the counterclaim is withdrawn, the person with related interests and obligations shall make an independent claim as follows: The defendant withdraws the entire counterclaim, the person with related interests and obligations does not withdraw or withdraw only a part of the counterclaim. independent request, the Court shall issue a decision to terminate the settlement of the plaintiff's lawsuit claim or the defendant's counterclaim; the person with related interests and obligations becomes the plaintiff, the person who is sued at the independent request becomes the defendant;
- The court shall issue a decision to terminate the settlement of the civil case, delete the name of the case from the acceptance book and return the lawsuit petition, enclosed documents and evidences to the involved parties if so requested; In this case, the Court must make a copy and save it as a basis for settling complaints or petitions upon request.
Within 03 working days from the date of issuance of a decision to terminate the settlement of a civil case, the court must send that decision to the involved parties, the initiating agency, organization or individual and the same-level procuracy. .
- For a case to be re-tried according to first-instance procedures after a cassation or reopening decision is issued but the court decides to stop the resolution of the case, the court must also deal with the consequences of the trial. judgment enforcement, other related issues (if any); in case the plaintiff withdraws the lawsuit petition or is still absent after being duly summoned for the second time, the termination of the settlement of the case must be agreed upon by the defendant and persons with related interests and obligations.
How is the court fee advance in Vietnam handled for the part of the property that the litigant withdraws from the lawsuit claim?
How are changes, additions and withdrawals considered?
Pursuant to Article 244 of the 2015 Civil Procedure Code, the consideration of changing, supplementing and withdrawing requests is as follows:
“Article 244. Consider changing, supplementing, withdrawing requests
1. The trial panel accepts the change or addition of the involved parties' claims if the change or addition of their claims does not exceed the scope of the lawsuit petitions, counter-claims or original independent claims. head.
2. In case an involved party withdraws part or all of his/her claim and the withdrawal of his/her request is voluntary, the Trial Panel shall accept and terminate the trial for part or the whole of his/her claim. withdrawal.”
Thus, the Civil Procedure Code does not stipulate how the litigant withdraws part of his lawsuit claim before opening the court hearing, but only stipulates that the involved party withdraws the entire lawsuit claim at point a Clause 2 Article 210, Point c Clause 1, Point c Clause 2, Clause 3, Clause 4 Article 217, Article 244 of the Civil Procedure Code 2015. Specifically, in case the involved parties withdraw part or all of their claims If the withdrawal of their request is voluntary, the Trial Panel shall accept and suspend the trial for the part of the request or the whole of the claim that the involved parties have withdrawn.
Regulations on decision-making to recognize the agreement of the parties?
Pursuant to Article 212 of the 2015 Civil Procedure Code stipulating the recognition of the parties' agreement as follows:
“Article 212. Making decisions to recognize the agreement of the involved parties
1. After 07 days from the date of making the minutes of successful conciliation, if no involved parties change their opinions on such agreement, the judge presiding over the conciliation session or a judge assigned by the chief justice of the court public pedigree make a decision to recognize the agreement of the involved parties.
Within 05 working days from the date of issuing the decision to recognize the agreement of the involved parties, the court must send that decision to the involved parties and the same-level procuracies.
2. The judge shall only issue a decision to recognize the agreement of the involved parties if the involved parties can reach agreement on the settlement of the whole case.
3. In the case specified in Clause 4, Article 210 of this Code, where the present involved parties can reach an agreement on the settlement of the case, such agreement is only valid for those present and authorized by the judge. The judge shall issue a decision on recognition if it does not affect the rights and obligations of the absent involved party. In case their agreement affects the rights and obligations of the absent involved party, this agreement is only valid and recognized by the judge if it is agreed in writing by the absent party at the conciliation session. copy."
How is the court fee advance in Vietnam handled for the part of the property that the litigant withdraws from the lawsuit claim?
Pursuant to subsection 10, Section IV of Official Letter 02/TANDTC-PC in 2021, the reply to this case is as follows: A's withdrawal of the request for 20 gold nuggets must be recorded in the minutes of the meeting to check the handover and follow up. access, publicity of evidence and conciliation. The court based on Article 212 of the Civil Procedure Code made a decision to recognize the agreement of the involved parties.
Regarding legal fees, according to the provisions of Clause 7, Article 26 of Resolution No. 326/2016/UBTVQH14 , the involved parties can reach agreement on the settlement of the case in case the Court conducts conciliation before opening the hearing. The court must bear 50% of the court fee, even for cases without quotas.
Therefore, the involved parties must bear 50% of the court fee for the amount of 10,000,000 VND, the court fee advance in Vietnam paid for the request to pay 20 gold nuggets, the involved parties will not have to bear the court costs, so they will be refunded. give back.
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