07/10/2022 11:38

05 judgments on the request to cancel established process server's witness statement in Vietnam

 05 judgments on the request to cancel established process server's witness statement in Vietnam

Process server's witness statement is a document recording real events or acts directly witnessed by the bailiff, made at the request of individuals, agencies, or organizations in accordance with Decree 08/2020/ND-CP of Vietnam. So, if the bailiff has been established, can it be canceled? And when and under what conditions can the license be annulled?

Here is a summary of the judgment on a dispute related to the request for cancellation of the established process server's witness statement in Vietnam.

1. Judgment 67/2018/DS-PT dated April 13, 2018 on the request to cancel the process server's witness statement of the Attorney General's office

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Dong Nai province.

+ Quoting the content: "realized that process server's witness statement number 719/VB-TPLBH made on November 30, 2015 which is not true. Moreover, in the diploma, it is wrong to say that Mr. and Mrs. Ts and Mr. T have a joint purchase of land plot 84, the map sheet No. 5, Ward Q, City B is wrong because Mr. Hong Q is the owner of the land parcel 84, the map number 5, not grandparents. Therefore, they request the Court to cancel process server's witness statement number 719/VB-TPLBH made on November 30, 2015 at the bailiff's office B."

+ Result of settlement: Accepting the lawsuit claim of Mr. Tran Xuan H1 and Ms. Nguyen Thi H against the bailiff's office B about the "Request to cancel the process server's witness statement".

2. Judgment 1071/2018/DS-PT dated November 20, 2018 on the dispute over the house purchase and sale contract

+ Level of trial: Appellate.

+ Judicial body: People's Court of Ho Chi Minh City.

+ Quoting the content: "Because of the content, the process server's witness statement made on October 2, 2013 shows that the degree only confirms the fact that Mr. N and Ms. P signed a deposit contract on August 25, 2013 and Mr. received from Mrs. P 2,300,000,000 (two billion three hundred million VND). At the appellate court, Mr. N and Ms. P also fully confirmed that the license was not a house sale and purchase contract, but only confirmed the fact that the parties signed the contract on August 25, 2013 and the delivery and receipt of money. Thus, the evidence is evidence for the parties to prove that there was a house sale and purchase transaction on August 25, 2013 and the amount of money the parties have delivered and received together, not a house purchase and sale contract. Therefore, it is necessary to amend the first-instance judgment on the cancellation of the process server's witness statement."

+ The settlement result: Accepting the claim of the plaintiff - Mr. Bui Ngoc N about: Declaring that the house sale and purchase contract between Mr. Bui Ngoc N and Ms. Phan Nam P signed on August 25, 2013 is a contract invalid civil.

3. Judgment 234/2018/DS-PT dated August 24, 2018 on disputes over the property (house)

+ Level of trial: Appellate.

+ Judicial body: High People's Court in Ho Chi Minh City.

+ Quoting the content: "Ms. L filed a lawsuit asking Ms. C to return to Ms. L 02 houses 93A and 93B Street S, Ward B2, District 1, Ho Chi Minh City and requested to cancel the process server's witness statement issued by Bailiff's Office in District 8 established on September 27, 2010. Ms. L did not agree to give Ms. C the house 93B Street S, Ward B2, District 1, Ho Chi Minh City because Ms. C did not fulfill her commitment to return the house 93A Street S, Ward B2, District 1, Ho Chi Minh City gave Ms. L as agreed by both parties in the process server's witness statement. On June 9, 2016, Ms. L made a written declaration to cancel the content of the opinion in the process server's witness statement made on September 27, 2010."

+ Result of settlement: Accepting the petition of plaintiff Mrs. Doan Kim LO

4. Judgment 830/2019/DS-PT dated September 25, 2019 on the dispute over the contract for gifting property

+ Level of trial: Appellate.

+ Judicial body: Ho Chi Minh City People's Court

+ Quoting the content: “Ms. C proposed that the Court reject the entire petition of the plaintiff; keep all 02 donation contracts made on 11/22/2016, request the plaintiff to continue to carry out the procedures for making the established donation contract; withdrawing the counter-claim requesting the Court to cancel the notarized will No. 003377, volume 03/2017/CC-SCC/HDGD dated March 6, 2017 by Tran Thi T made at Ly Thi Nhu Notary Office Hoa, Ho Chi Minh City.”

+ Result of settlement: Accepting the appeal request of Ms. Tran Thi C.

5. Judgment 219/2020/DS-PT dated August 25, 2020 on the dispute over the contract for the transfer of land use rights and assets on land

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Binh Duong province.

+ Quote content: "For process server's witness statement number G/2016/VB-TPLQ.TD dated December 27, 2016 and process server's witness statement number 203/2017/VB-TPLQ.TD dated March 13, 2017 issued by the Bailiff's Office T4 District T3, Ho Chi Minh City: this is not a contract or transaction, but the process server's witness statement only records the legal behavior of the parties in the "agreement documents" established by the parties, so it should be declared by the parties to be invalidated by the bailiff again is not appropriate.”

+ Results of settlement: Not accepting the appeal request of the defendant Mr. Le Anh T2 and the person with related interests and obligations Mr. Dang Ngoc Duy A.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Sang Nguyen
32


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