What are the conditions for application of simplified procedures when settling civil, marriage and family cases in Vietnam?
- What are the conditions for application of simplified procedures when settling civil, marriage and family cases in Vietnam?
- What are the contents of a decision to bring a case to trial for resolution according to simplified procedures in Vietnam?
- What are the regulations on the court fee for settling civil, marriage and family cases according to simplified procedures in Vietnam?
What are the conditions for application of simplified procedures when settling civil, marriage and family cases in Vietnam?
Pursuant to Article 317 of the 2015 Code of Civil Procedure in Vietnam stipulating as follows:
Conditions for application of simplified procedures
1. The Court shall resolve a case according to simplified procedure 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.
2. Regarding labor cases that have been accepted and settled according to simplified procedures, if the employers having foreign nationalities or their lawful representatives have left their residence/headquarter addresses that have been priorly declared without notification to other involved parties and the Courts, such entities shall be considered to conceal their addressees on purpose. The Courts shall continue resolving the cases according to simplified procedure specified in this Part.
3. During the preparation for the resolution of the cases according to simplified procedures, if any of the following details is detected and, as the result, the cases no longer eligible for resolution according to simplified procedures, the Courts shall make decisions to resolve the cases according to common procedures:
a) New details are found out but the involved parties cannot reach agreements and therefore such details need verification, more materials and evidences need to be collected and expertises need to be conducted;
b) Involved parties cannot reach agreements about the prices of the properties being in dispute and such properties shall be subject to price assessment/appraisal;
c) Cases where provisional emergency measures must be applied;
d) New persons with relevant interests and duties are found out;
dd) New counter-claims or independent claims are found out;
e) New involved parties who reside overseas, properties in dispute that are in foreign countries, requirements for verification or collection of evidences from foreign countries subject to request for judicial assistance, except for cases specified in point c clause 1 of this Article.
4. If the cases are transferred for resolution according to common procedures, the duration for preparation for the resolution of the cases shall be re-counted from the day on which the decisions to transfer the cases for resolution according to common procedures are issued.
Thus, in order to apply simplified procedure when settling civil, marriage and family cases, all of the following conditions are satisfied:
- 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;
- Addresses of residence and headquarters of all of involved parties are determined;
- 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.
What are the conditions for application of simplified procedures when settling civil, marriage and family cases in Vietnam?
What are the contents of a decision to bring a case to trial for resolution according to simplified procedures in Vietnam?
Pursuant to Clause 2, Article 318 of the 2015 Code of Civil Procedure in Vietnam, a decision to bring a case to trial for resolution according to simplified procedures shall include the following main contents:
- Date of issuing the decision;
- Name of the Courts making the decision;
- The case that is brought to trial for resolution according to simplified procedure;
- Names, addresses; phone numbers, fax numbers, e-mail addresses (if any) of the plaintiffs, the defendants or agencies, organizations or individuals initiating lawsuits specified in Article 187 of this Code and persons with relevant interests and duties;
- Full names of the Judge, the Court clerk; full name of the alternate Judge (if any);
- Full name of the procurator; full name of the alternate procurator (if any);
- Date, time and place of holding the Court session;
- Whether the session is open trial or closed trial;
- Full names of persons summoned to the Court session.
What are the regulations on the court fee for settling civil, marriage and family cases according to simplified procedures in Vietnam?
Pursuant to Clause 6, Article 1 of Resolution No. 103/2015/QH13 stipulating as follows:
Article 1.
From the effective date (July 1, 2016) of Civil Procedure Code No. 92/2015/QH13:
...
6. When settling civil, marriage and family, business, commercial or labor cases or matters, the court shall continue to apply current legal documents on legal cost, court fee and other proceeding costs until competent state agencies issue new regulations.
For civil, marriage and family, business, commercial or labor cases settled according to summary procedures, the legal cost level must be lower than that applicable to those settled according to normal procedures.
Thus, for civil, marriage and family, business, commercial or labor cases settled according to summary procedures, the legal cost level must be lower than that applicable to those settled according to normal procedures.
LawNet