If the litigators withdraw all petitions for initiation of lawsuits, shall they be entitled to initiate lawsuits to request the Court of Vietnam to re-settle?
- How to handle civil lawsuits in Vietnam if the litigators withdraw all petitions for initiation of lawsuits?
- If the litigators withdraw all petitions for initiation of lawsuits, shall they be entitled to initiate lawsuits to request the Court of Vietnam to re-settle?
- How much is the court cost for a divorce in Vietnam?
How to handle civil lawsuits in Vietnam if the litigators withdraw all petitions for initiation of lawsuits?
Pursuant to Clauses 1 and 3, Article 217 of the Code of Civil Procedure 2015 stipulates:
Termination of the resolution of civil lawsuits
1. After accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances:
a) The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;
b) Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;
c) The litigators withdraw all petitions for initiation of lawsuits or the plaintiffs are absent though having been duly summoned twice, unless they apply for trials in their absence or a force majeure event or an objective obstacle occurs;
d) The Courts have issued decisions to open bankruptcy procedures for enterprises or cooperatives being a party to the cases and the resolution of such cases is related to the obligations and property of such enterprises or cooperatives;
dd) plaintiffs fail to advance the charges for property price appraisal and other procedural charges prescribed in the Code.
If the defendants with counter-claims or persons with relevant interests and duties with independent claims fail to advance the property price appraisal and other procedural charges as prescribed in this Code, the Courts shall terminate the resolution of counter-claims or the independent claims of the persons with relevant interests and duties;
e) The involved parties have requested to apply the statute of limitations before the first-instance Courts issue the judgments/decisions on case resolution and the statute of limitations for lawsuit initiation expire;
g) Cases prescribed in clause 1 Article 192 of this Code that have been accepted by the Courts;
h) Other circumstances prescribed by law.
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3. The Courts shall make decisions to terminate the resolution of civil lawsuits and cross out the civil cases in the acceptance books and return the petitions and accompanied materials and evidences to involved parties on request; in such cases, the Courts must make and retain copies of such petitions, documents and evidences to serve as basis for resolution of appeals and recommendations on request.
Within 03 working days from the day on which decisions to terminate the resolution of civil lawsuits are issued, the Courts shall send such decisions to involved parties, agencies, organizations and individuals initiating the lawsuits and procuracies of the same levels.
Accordingly, if the litigators withdraw all petitions for initiation of lawsuits, the Courts shall issue decisions to terminate the resolution of the civil lawsuits.
The Courts shall make decisions to terminate the resolution of civil lawsuits and cross out the civil cases in the acceptance books and return the petitions and accompanied materials and evidences to involved parties on request; in such cases, the Courts must make and retain copies of such petitions, documents and evidences to serve as basis for resolution of appeals and recommendations on request.
Within 03 working days from the day on which decisions to terminate the resolution of civil lawsuits are issued, the Courts shall send such decisions to involved parties, agencies, organizations and individuals initiating the lawsuits and procuracies of the same levels.
Thus, if the litigators withdraw all petitions for initiation of lawsuits, the Courts shall issue decisions to terminate the resolution of the civil lawsuits.
If the litigators withdraw all petitions for initiation of lawsuits, shall they be entitled to initiate lawsuits to request the Court of Vietnam to re-settle?
If the litigators withdraw all petitions for initiation of lawsuits, shall they be entitled to initiate lawsuits to request the Court of Vietnam to re-settle?
Pursuant to Clause 1, Article 218 of the Code of Civil Procedure 2015, which provides for the consequences of the termination of resolution of civil lawsuits:
Consequences of the termination of resolution of civil lawsuits
1. When the decisions to terminate the resolution of civil lawsuits are issued, the involved parties shall not be entitled to initiate lawsuits to request the Courts to re-settle such civil lawsuits if the institution of the subsequent cases does not bring in any difference from the previous cases in terms of the plaintiff, defendant and the disputed legal relations, except for cases prescribed in clause 3 Article 192, point c clause 1 Article 217 of this Code and cases otherwise provided for by law.
Accordingly, when the decisions to terminate the resolution of civil lawsuits are issued, the involved parties shall not be entitled to initiate lawsuits to request the Courts to re-settle such civil lawsuits if the institution of the subsequent cases does not bring in any difference from the previous cases in terms of the plaintiff, defendant and the disputed legal relations.
How much is the court cost for a divorce in Vietnam?
Pursuant to Section II of the List of court fees and charges promulgated together with Resolution 326/2016/UBTVQH14 stipulates:
- The first-instance civil court fee collection for cases involving civil, marriage and family disputes, and labor without a quota is 300,000 VND.
- The first-instance civil court fee collection for civil, marriage and family disputes has a value:
+ From VND 6,000,000 or less, the first-instance civil court fee will be VND 300,000
+ From over VND 6,000,000 to VND 400,000,000, the first-instance civil court fee will be 5% of the value of the disputed property.
+ From over VND 400,000,000 to 800,000,000 VND, the first-instance civil court fee will be 20,000. 000 VND + 4% of the disputed property value exceeding VND 400,000,000
+ From over VND 800,000,000 to VND 2,000,000,000, the first-instance civil court fee will be VND 36,000,000 + 3% of the disputed property value exceeding VND 800,000,000.
+ From over VND 2,000,000,000 to VND 4,000,000,000, the first-instance civil court fee will be VND 72,000,000 + 2% of the disputed property value exceeding VND 2,000,000,000
+ From over VND 4,000,000,000, the first-instance civil court fee will be VND 112,000,000 + 0.1% of the value of the disputed property exceeding VND 4,000,000,000.
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