Vietnam: What decision shall be issued by the trial panel if a procedure participant can no longer be present at the court hearing due to his/her poor health?

Main Content

• What are the cases of postponement of an appellate court hearing in Vietnam?
• Vietnam: What decision shall be issued by the trial panel if a procedure participant can no longer be present at the court hearing due to his/her poor health?
• What are the regulations on handling of plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in Vietnam?

What are the cases of postponement of an appellate court hearing in Vietnam?

Pursuant to the provisions of Article 232 of the Law on Administrative Procedure 2015 on postponement of appellate court hearings:

Postponement of appellate court hearings

1. Cases of postponement of an appellate court hearing:

a/ The cases specified in Clause 2, Article 161; Clauses 3 and 4, Article 223; and Clause 1, Article 225, of this Law;

b/ A member of the trial panel, the procurator, court clerk or interpreter is changed without an immediate replacement;

c/ The expert witness is changed;

d/ It is necessary to verify or additionally collect documents and evidences but this cannot be done right at the court hearing.

2. Cases of postponement of an appellate court hearing are specified in Clause 2, Article 159, and Clause 2, Article 160, of this Law.

3. The duration of postponement of, and the decision to postpone, an appellate court hearing must comply with Article 163 of this Law.

Cases of postponement of an appellate court hearing include:

- The cases specified in Clause 2, Article 161; Clauses 3 and 4, Article 223; and Clause 1, Article 225, of this Law;

- A member of the trial panel, the procurator, court clerk or interpreter is changed without an immediate replacement;

- The expert witness is changed;

- It is necessary to verify or additionally collect documents and evidences but this cannot be done right at the court hearing.

Vietnam: What decision shall be issued by the trial panel if a procedure participant can no longer be present at the court hearing due to his/her poor health? (Image from the Internet)

Vietnam: What decision shall be issued by the trial panel if a procedure participant can no longer be present at the court hearing due to his/her poor health?

Pursuant to the provisions of Article 238 of the Law on Administrative Procedure 2015 on suspension of appellate court hearings:

Suspension of appellate court hearings

The suspension of appellate court hearings must comply with Article 187 of this Law

Therefore, the suspension of appellate court hearings must comply with Article 187 of this Law,

Pursuant to Article 187 of the Law on Administrative Procedure 2015:

Postponement of court hearings

1. During the trial, the trial panel may postpone the court hearing when:

a/ A procedure-conducting person can no longer conduct the court hearing due to his/her poor health, a force majeure event or another objective obstacle, except where such person can be replaced;

b/ A procedure participant can no longer be present at the court hearing due to his/her poor health, a force majeure event or another objective obstacle, except where such person requests the trial to be conducted in his/her absence;

c/ Additional verification or collection of documents and evidences is required for the settlement of the case but cannot be conducted right at the court hearing;

d/ It is necessary to report to the chief justice of the competent court for request for, or recommendation on, amendment, supplementation or annulment of legal documents under Article 111 of this Law;

dd/ Involved parties request the court to postpone the court hearing for their dialogues;

e/ Results of additional examination or re-examination prescribed in Clause 4, Article 185 of this Law are not available yet.

2. The postponement of a court hearing shall be recorded in the minutes of the court hearing. The period of postponement of a court hearing must not exceed 30 days after the trial panel decides on postponement. The trial panel shall resume the court hearing if the reason for its postponement no longer exists. Upon the expiration of this period, if the reason for postponement of the court hearing is not yet redressed, the trial panel shall issue a decision to suspend the settlement of the case and notify in writing procedure participants and the same-level procuracy of the time of resumption of the court hearing.

Therefore, if a procedure participant can no longer be present at the court hearing due to his/her poor health, the trial panel may postpone the court hearing, except where such person requests the trial to be conducted in his/her absence.

If a procedure participant can no longer be present at the court hearing due to his/her poor health, the trial panel may issue a decision to suspend the settlement of the case.

What are the regulations on handling of plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings in Vietnam?

Pursuant to Article 234 of the Law on Administrative Procedure 2015 on plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings:

Plaintiffs withdrawing lawsuit petitions before the opening of or during appellant court hearings

1. If the plaintiff withdraws his/her lawsuit petition before the opening of or during the appellate court hearing, the appellate trial panel shall ask the defendant whether he/she agrees with such withdrawal and shall, on a case-by-case basis:

a/ Not accept the plaintiff’s withdrawal of the lawsuit petition if the defendant disagrees with such withdrawal;

b/ Accept the plaintiff’s withdrawal of the lawsuit petition if the defendant agrees with such withdrawal. The appellate trial panel shall issue a decision to cancel the first-instance judgment and terminate the settlement of the case. In this case, involved parties shall still bear the first- instance legal cost under the ruling of the first-instance court and bear half of the appellate legal cost as prescribed by law.

2. In case the appellate trial panel issues a decision to terminate the settlement of the case, the plaintiff may re-institute the case according to the procedures prescribed in this Law, if the statute of limitations for instituting a lawsuit has not yet expired.

If the plaintiff withdraws his/her lawsuit petition before the opening of or during appellant court hearings, the appellate trial panel shall ask the defendant whether he/she agrees with such withdrawal and shall, on a case-by-case basis:

- Not accept the plaintiff’s withdrawal of the lawsuit petition if the defendant disagrees with such withdrawal;

- Accept the plaintiff’s withdrawal of the lawsuit petition if the defendant agrees with such withdrawal. The appellate trial panel shall issue a decision to cancel the first-instance judgment and terminate the settlement of the case.

In this case, involved parties shall still bear the first- instance legal cost under the ruling of the first-instance court and bear half of the appellate legal cost as prescribed by law.