What are the instructions for determining the last time for making lawsuit claims, counter-claims, and independent claims and addition thereof by involved parties in Vietnam?
- What are the instructions for determining the last time for making lawsuit claims, counter-claims, and independent claims and addition thereof by involved parties in Vietnam?
- What are the tasks and powers of judges in the preparation stage for the first instance trial of civil cases in Vietnam?
- What decisions may judges issue during the preparation stage for the first instance trial in Vietnam?
What are the instructions for determining the last time for making lawsuit claims, counter-claims, and independent claims and addition thereof by involved parties in Vietnam?
According to the Civil Procedure Code 2015 stipulating the right to make counter-claims, independent claims of defendants and persons with related rights and obligations:
- Defendants are entitled to make counter-claims before the opening of the meetings for checking the handover of, access to and disclosure of evidence and mediating (Clause 3, Article 200 of the Civil Procedure Code 2015)
- Persons with relevant interests and duties are entitled to make independent claims before the opening of the meeting held for meetings for checking the handover of, access to, and disclosure of evidence and meditating. (Clause 2, Article 201 of the Civil Procedure Code 2015)
In addition, Clauses 2 and b, Clause 4, Article 210 of the Civil Procedure Code 2015 stipulate:
Order of meetings for checking the handover of, access to and disclosure of evidences and mediating
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2. When checking the handover of, access to and disclosure of evidences, the Judges shall announce materials and evidences in case files and ask the involved parties about the following matters:
a) Requests and scope of lawsuit, the amendment, supplement, modification and withdrawal of petitions for initiating lawsuits, counter-claims, independent claims; matters that have been and have not been agreed to be resolved by the Courts;
b) Materials and evidences that have been submitted to the Courts and the delivery of materials and evidences to other involved parties;
c) The amendment of materials/evidences; requests for collection of materials and evidences by the Courts; requests for summon of other involved parties by the Courts, witnesses and other participants at the Court sessions;
d) Other matters that the involved parties deem to be necessary.
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4. Procedures for mediation:
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b) Plaintiff and defense counsels of their legitimate rights and interests make presentations of the disputes, make amendment of petitions for initiating lawsuits; grounds for protecting the petition and express opinions about matters to be mediated and resolution of the cases (if any);
At the same time, in Official Dispatch 1083/VKSTC-V9 of 2024, there is the following content:
It is necessary to stipulate the time limit for trial preparation when the defendant makes lawsuit claims, counterclaims, and independent claims (Hai Duong Procuracy)
Answer:
According to Clause 1 of Article 203, the Civil Procedure Code 2015, the time limit for trial preparation is counted from the date of receipt of the case. For complicated cases, the Chief Justice of the Court may extend the time limit for preparation for trial. Currently, the Civil Procedure Code 2015 only provides for recalculating the time limit for trial preparation for suspended civil cases that the Court continues to handle. Thus, the time limit for trial preparation shall be recalculated from the date on which the Court's decision to continue to settle the case takes legal effect[3].
Plaintiffs, defendants, and persons with related interests and obligations shall make lawsuit claims, counterclaims, and independent claims and addition thereof at the latest at
at the meetings for checking the handover of, access to and disclosure of evidence and mediating in the pre-trial stage (Clause 3 of Article 200, Clause 2 of Article 201 and Clause 2, Point b, Clause 4 of Article 21, Civil Procedure Code 2015).
Thus, the time limit for trial preparation is for the entire case, regardless of when each type of claim is processed. The Civil Procedure Code 2015 has also determined the last time for involved parties to make claims and additions thereof to ensure that the Court can perform its duties in the pre-trial stage. After this time, the Court may accept a new claim if it is necessary to resolve it in the same case and does not have to verify and collect additional documents and evidence that prolongs the time for trial preparation.
In case the Court violates the provisions of the Civil Procedure Code 2015 on the time limit for trial preparation, the Procuracy shall exercise the right to petition.
Thus, the last time for plaintiffs, defendants, and persons with related interests and obligations to make lawsuit claims, counterclaims, and independent claims and addition thereof is at the meetings for checking the handover of, access to, and disclosure of evidence and meditating in the pre-trial stage.
What are the tasks and powers of judges in the preparation stage for the first instance trial of civil cases in Vietnam?
Under Clause 2, Article 203 of the Civil Procedure Code 2015, in the pre-trial stage, judges shall perform the following tasks and powers:
- Set up the case files as prescribed in Article 198 of the Civil Procedure Code 2015;
- Determine the status of the involved parties and other participants in the procedure;
- Determine the disputing relationship between involved parties and the applicable law provisions;
- Examine objective details of the cases;
- Verify the cases and collect evidence according to the regulations in the Civil Procedure Code 2015;
- Apply provisional emergency measures;
- Hold meetings for checking the handover of, access to and disclosure of evidence and mediating according to provisions of the Civil Procedure Code 2015, except for cases resolved under simplified procedures;
- Fulfill other tasks and power as prescribed in the Civil Procedure Code 2015.
What decisions may judges issue during the preparation stage for the first instance trial in Vietnam?
Under Clause 3, Article 203 of the Civil Procedure Code 2015, within the trial preparation time limits, the Judges shall, on a case-by-case basis, issue one of the following decisions:
- To recognize the agreement between the involved parties;
- To suspend the resolution of the civil lawsuit;
- To terminate the resolution of the civil lawsuit;
- To bring the case to trial.
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