What are the procedures for processing lawsuit petitions of protection of consumers’ rights in Vietnam?
- What are the conditions for application of simplified procedures to resolve civil cases of protection of consumers’ rights in Vietnam?
- What are the procedures for processing lawsuit petitions of protection of consumers’ rights in Vietnam?
- Vietnam: Will the consumers who initiate civil lawsuits over protection of consumers’ rights be required to pay any court fee advance?
What are the conditions for application of simplified procedures to resolve civil cases of protection of consumers’ rights in Vietnam?
Pursuant to the provisions of Clause 1, Article 317 of the Code of Civil Procedure 2015 (amended by Point b, Clause 2, Article 78 of the Law on Protection of Consumers’ Rights 2023), it is stipulated as follows:
Conditions for application of simplified procedures
1. Except for the case specified in clause 5 of this Article, the Court shall resolve a case according to simplified procedures when all of the following conditions are satisfied
a) 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;
b) Addresses of residence and headquarters of all of involved parties are determined;
c) 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.
Pursuant to the provisions of Clause 5, Article 317 of the Code of Civil Procedure 2015 (supplemented by Point b, Clause 2, Article 78 of the Law on Protection of Consumers’ Rights 2023), it is stipulated as follows:
Conditions for application of simplified procedures
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5. The condition for application of simplified procedures to resolution of a civil case of protection of consumers' rights which values less than 100 million dong is specified in clause 2 Article 70 of the Law on Protection of Consumers' Rights.
At the same time, based on the provisions of Article 70 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Civil cases of protection of consumers’ rights
1. Civil case of protection of consumers’ rights means a case in which the plaintiff is a consumer or a social organization participating in the protection of consumers' rights as prescribed in this Law. Courts shall handle civil cases of protection of consumers’ rights according to the procedures specified under the Code of Civil Procedure.
2. Any civil case of protection of consumers' rights which values less than 100 million dong shall be handled following simplified procedures without satisfying the conditions specified in clause 1 Article 317 of the Code of Civil Procedure.
3. Any civil case of protection of consumers' rights other than that specified in clause 2 of this Article shall be handled following simplified procedures when fully satisfying the conditions specified in clause 1 Article 317 of the Code of Civil Procedure.
Thus, the Court resolves the case according to summary procedures when the following conditions are met:
Any civil case of protection of consumers' rights which values less than 100 million dong shall be handled following simplified procedures without satisfying the conditions specified in clause 1 Article 317 of the Code of Civil Procedure 2015.
What are the procedures for processing lawsuit petitions of protection of consumers’ rights in Vietnam?
What are the procedures for processing lawsuit petitions of protection of consumers’ rights in Vietnam?
Pursuant to the provisions of Clause 3, Article 191 of the Code of Civil Procedure 2015 (amended by Clause 1, Article 78 of the Law on Protection of Consumers’ Rights 2023), it is stipulated as follows:
Procedures for receiving and processing lawsuit petitions
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3. Within 05 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:
a) To request for amendment and/or supplementation of lawsuit petitions;
b) Carry out the acceptance procedures of the cases according to normal procedures or simplified procedures if the cases are eligible to be resolved according to the simplified procedures prescribed in clause 1 or clause 5 Article 317 of this Code;
c) To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;
d) To return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction.
According to the above regulations, civil cases on protecting consumer rights can be carried out the acceptance procedures of the cases according to normal procedures or simplified procedures if the cases are eligible to be resolved according to the simplified procedures.
Vietnam: Will the consumers who initiate civil lawsuits over protection of consumers’ rights be required to pay any court fee advance?
Pursuant to the provisions of Article 71 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Court fees for civil cases of protection of consumers’ rights
1. Court fees for civil cases of protection of consumers’ rights shall comply with regulations of law on Court fees and charges and this Law.
2. Any consumer who initiates a civil lawsuit over protection of consumers’ rights to protect his/her legitimate rights and interests or social organization participating in protection of consumers' rights which represents a consumer as authorized to initiates a civil lawsuit over protection of consumers’ rights is not required to pay any court fee advance.
3. Any social organization participating in protection of consumers' rights which initiates a civil lawsuit over protection of consumers’ rights in the public interests is not required to pay any court fee advance or court fee.
According to the above regulations, any consumer who initiates a civil lawsuit over protection of consumers’ rights is not required to pay any court fee advance
The Law on Protection of Consumers’ Rights 2023 takes effect from July 1, 2024
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