Shall the Court in Vietnam issue a decision to suspend the resolution of a civil lawsuit in case an involved party being an individual has died?
Shall the Court in Vietnam issue a decision to suspend the resolution of a civil lawsuit in case an involved party being an individual has died?
According to Clause 1 Article 214 of the Civil Procedure Code 2015:
Suspension of the resolution of civil lawsuits
1. The Court shall issue a decision to suspend the resolution of a civil lawsuit in one of the following cases:
a) The involved parties being individuals have died or being agencies or organizations have been merged, divided, separated or dissolved without any agencies, organizations or individuals inheriting their procedural rights and obligations;
b) One involved party being an individual has lost his/her civil act capacity or being a minor while his/her representative at law has not been determined yet;
c) The lawful representative of an involved party terminates without a replacement;
d) The results of resolution of another related case or matter, which, as required by law, must be settled by other agencies or organizations before the cases are resolved, need to be waited for;
dd) The results of the request for judicial assistance, entrustment of evidence collection or materials or evidences sent from agencies/organizations at the request of the Court need to be waited for;
e) The results of the processing of legislative documents, which, related to the case resolution denote violations against a Constitution, Law or Resolution of National Assembly, Ordinance or Resolution of the Standing committee of the National, legislative documents of superior regulatory agencies to which the Court have sent written recommendations for consideration for amendment, supplement or annulment, need to be waited for;
g) The case is mentioned in Article 41 of the Law on Bankruptcy;
h) Other circumstances prescribed by law.
According to the above regulation, the Court in Vietnam shall issue a decision to suspend the resolution of a civil lawsuit in case an involved party being an individual has died.
Shall the Court in Vietnam issue a decision to suspend the resolution of a civil lawsuit in case an involved party being an individual has died?
Where the involved parties being individuals die while participating in the procedures in Vietnam, shall their heirs participate in the procedures?
According to Clause 1 Article 74 of the Civil Procedure Code 2015:
Inheritance of procedural rights and obligations.
1. Where the involved parties being individuals die while participating in the procedures and their property rights and obligations are inherited, their heirs shall participate in the procedures.
Thus, where the involved parties being individuals die while participating in the procedures and their property rights and obligations are inherited, their heirs shall participate in the procedures.
How does the Court in Vietnam resolve if the residence of the heir of the procedural rights and obligations is not determined?
In cases where it is impossible to determine the residence of the heir of the procedural rights and obligations of the mortgagor (the involved party) who has died, based on subsection 1 Section III of Official Dispatch 206/TANDTC-PC 2022, it is guided as follows:
1. In a commercial business case, after the Court accepts the case, the mortgagor (the involved party) dies. The plaintiff and the Court cannot determine the residence of the heir of the procedural rights and obligations of the involved party. The Court shall base on Point a Clause 1 Article 214 of the Civil Procedure Code 2015 to temporarily suspend the resolution of the lawsuit. Thus, in case of an undisclosed residence of the heir of the procedural rights and obligations, how does the Court resolve the lawsuit?
According to Clause 1 Article 74 of the Civil Procedure Code 2015 on the inheritance of procedural rights and obligations, where the involved parties being individuals die while participating in the procedures and their property rights and obligations are inherited, their heirs shall participate in the procedures.
In cases where the plaintiff and the Court cannot determine the residence of the heir of the procedural rights and obligations of the involved party, the Court applies Point a Clause 1 Article 214 of the Civil Procedure Code 2015 to temporarily suspend the resolution of the lawsuit. Additionally, the Court guides the plaintiff to have the right to request the Court to announce the search for the missing person at their residence (as stipulated in Chapter XXV of the Civil Procedure Code 2015) or to request the Court to declare a person missing (as stipulated in Chapter XXVI of the Civil Procedure Code 2015) concerning the heir of the procedural rights and obligations. After obtaining the results of searching for the missing person at their residence or a decision declaring a person missing regarding the heir of the procedural rights and obligations, the Court shall continue to resolve the lawsuit according to general procedures.
In cases where the mortgagor dies, their heirs participate in the procedures based on Clause 1 Article 74 of the Civil Procedure Code 2015.
In cases where the plaintiff and the Court cannot determine the residence of the heir of the procedural rights and obligations of the involved party, the resolution of the civil lawsuit is temporarily suspended.
The plaintiff also has the right to request the Court to announce the search for the missing person at their residence or to request the Court to declare a person missing concerning the heir of the procedural rights and obligations. After obtaining the results of searching for the missing person at their residence or a decision declaring a person missing regarding the heir of the procedural rights and obligations, the Court shall continue to resolve the lawsuit according to general procedures.
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