If the Court is unable to serve procedural documents to the defendant and persons with related interests and obligations, can the case continue to be resolved?
- When is the petition in Vietnam in a civil case returned?
- What are the regulations on the address of the defendant, who has related rights and obligations?
- If the Court is unable to serve procedural documents to the defendant and persons with related interests and obligations, can the case continue to be resolved?
When is the petition in Vietnam in a civil case returned?
Pursuant to Clause 1, Article 192 of the 2015 Civil Procedure Code, which provides for the return of lawsuit petition in Vietnam in the following cases:
"Article 192. Return of lawsuit petitions, consequences of returning lawsuit petitions
1. The judge returns the lawsuit petition in the following cases:
a) The plaintiff does not have the right to initiate a lawsuit as prescribed in Articles 186 and 187 of this Code or does not have full civil procedure act capacity;
b) There are not enough conditions to initiate lawsuits as prescribed by law.
Not having enough conditions to initiate a lawsuit is a case where the law provides for the conditions to initiate a lawsuit but the petitioner has filed a lawsuit to the Court when one of those conditions is still lacking;
c) The matter has been settled by a legally effective judgment or decision of a court or an effective decision of a competent state agency, unless the case is rejected by the court. Petition for divorce, request for change of child custody, change of alimony, level of compensation, request for change of administrator, change of estate administrator, change of guardian or case property, claim for leased, lent, house, or land use right for lease, loan or stay but the Court has not yet accepted the request and is entitled to initiate a lawsuit again according to the provisions of law;
d) Upon the expiration of the time limit specified in Clause 2, Article 195 of this Code, the plaintiff fails to submit a receipt for the collection of court cost advance to the court, unless the plaintiff is exempted from or is not required to pay such advance. charges or objective obstacles, force majeure events;
d) The case is not under the jurisdiction of the Court;
e) The plaintiff fails to amend or supplement the lawsuit petition at the request of the judge specified in Clause 2, Article 193 of this Code.
In case in the lawsuit petition, the plaintiff has fully and correctly recorded the address of the place of residence of the defendant and the person with related interests and obligations but they do not have a stable place of residence, frequently change their place of residence. residence or head office without notifying the new address to the competent agency or person in accordance with the law on residence so that the plaintiff does not know for the purpose of concealing the address, evading the obligation to the plaintiff. With respect to the petitioner, the judge does not return the lawsuit petition but determines that the defendant and persons with related interests and obligations intentionally concealed their addresses and proceeded to accept and settle them according to general procedures.
Where in the lawsuit petition, the petitioner fails to fully and specifically write down the name and address of the defendant and the person with related interests and obligations without correcting or supplementing at the request of the petitioner. Judge, the Judge returns the petition;
g) The petitioner withdraws the lawsuit petition."
If the Court is unable to serve procedural documents to the defendant and persons with related interests and obligations, can the case continue to be resolved?
What are the regulations on the address of the defendant, who has related rights and obligations?
Pursuant to Clauses 1 and 2, Article 5 of Resolution 04/2017/NQ-HDTP guiding a number of provisions in Clause 1 and 3, Article 192 of the Civil Procedure Code No. 92/2015/QH13 on returning the petition in Vietnam , the right to file a petition to re-initiate the case is provided for as follows:
- If the person being sued, the person with related interests and obligations is a Vietnamese citizen or an overseas Vietnamese who still has Vietnamese nationality and returns to Vietnam to live, their place of residence is the lawful domicile where the defendant and persons with related interests and obligations permanently or temporarily reside or are living in accordance with the Law on Residence;
- If the defendant and the person with related interests and obligations are foreigners residing in Vietnam, their place of residence shall be determined according to the provisions of the Law on Entry, Exit, Transit and Residence. of foreigners in Vietnam;
- If the defendant and the person with related interests and obligations are foreigners or Vietnamese residing abroad, their place of residence shall be determined based on documents and evidences provided by the petitioner. provide or according to documents and evidences granted and certified by competent agencies;
- If the person being sued and the person with related interests and obligations is an agency or organization with Vietnamese nationality, the address of the agency or organization shall be determined to be the place where such agency or organization is headquartered. or branch under a decision of a competent state agency or as prescribed by law;
In case the agency or organization has foreign nationality, the address of the agency or organization shall be determined based on documents and evidences provided by the petitioner or according to documents and evidences provided by the competent authority. authorization, certification.
Note: In case the petitioner has provided the address of the defendant's "place of residence, work, or place of office", the person with related interests and obligations to the Court in accordance with the provisions of the law. the law and instructions in Clause 1 of this Article at the time of filing a lawsuit petition in Vietnam, which is granted, certified by a competent agency or organization or has other grounds to prove that it is the address of the defendant, the person with the right to related interests and obligations shall be deemed to have been correctly recorded The person being sued, the person with related interests and obligations as prescribed at Point e, Clause 1, Article 192 of the Civil Procedure Code 2015.
If the Court is unable to serve procedural documents to the defendant and persons with related interests and obligations, can the case continue to be resolved?
Pursuant to Clause 1, Article 6 of Resolution 04/2017/NQ-HDTP, which stipulates: "In case the petitioner has fully and correctly written down the address" of the defendant, the person has related interests and obligations under guided in Article 5 of this Resolution, the Court must receive the lawsuit petition in Vietnam and consider accepting the case according to general procedures.
Pursuant to the above provisions and subsection 9 Section IV Official Letter 02/TANDTC-PC 2021, the petitioner has correctly and fully recorded the address of the respondent, the person with related interests and obligations at the address. stated in the transaction or contract, the court must accept the case without requiring the plaintiff to provide additional documents verifying the residence of the defendant and the person with related interests and obligations.
If after accepting the case, they cannot deliver the procedural documents or verify it locally, then they have left the place of residence 6 months ago; This is determined to be the case where the defendant and the person with related rights and obligations hide their address. The court shall base itself on the provisions of points a, b, clause 2, Article 6 of Resolution 04/2017/NQ-HDTP to continue to settle the case according to general procedures without issuing a decision to terminate the settlement of the case.
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