21/03/2024 11:40

07 cases where the Courts shall return the lawsuit petitions in Vietnam

Agencies, organizations, and individuals in Vietnam have the right to initiate a lawsuit at a competent court to request protection of their legitimate rights and interests. However, Clause 1, Article 192 of the Civil Procedure Code 2015 (CPC 2015) stipulates that the judge returns the lawsuit petition in the following 7 cases:

– The plaintiff does not have the right to sue according to the provisions of Articles 186 and 187 of this Code or does not have full capacity to act in civil proceedings;

Agencies, organizations, and individuals that are not one of the subjects in Article 186 of the Civil Procedure Code 2015 are cases where the person filing a lawsuit does not intend to protect their own legal rights and interests or to protect their own legal rights and interests. of the agency, organization, or individual of which he/she is the legal representative;

Agencies, organizations, and individuals that do not belong to one of the subjects specified in Article 187 of the Civil Procedure Code 2015 are cases in which the person filing a lawsuit does not fall under the provisions of law that have the right to sue to protect the legitimate rights and interests of others, public interests, and the interests of the State.

For example, Organization A (not a social organization involved in protecting consumer rights as prescribed in Section 1, Article 27 of the Law on Protection of Consumers’ Rights 2010) believes that Company B sold goods that did not meet the standards, technical regulations, quality, quantity, features, or functions as announced, posted, advertised, or committed, resulting in damages to Ms. C (the consumers). Organization A filed a lawsuit demanding that Company B compensate for the damages suffered by Ms. C. In this case, Organization A does not have the right to file a lawsuit to protect consumer rights as prescribed in Section 3, Article 187 of the Civil Procedure Code 2015.

(Resolution 04/2017/NQ-HDTP on guiding a number of provisions in Clause 1 and Clause 3, Article 192 of the Civil Procedure Code on returning lawsuit petitions and the right to re-file a lawsuit)

– There are not enough conditions to sue according to the provisions of law;

Not meeting the conditions for filing a lawsuit as prescribed by law is a case where civil procedural law and other laws stipulate the conditions for agencies, organizations, and individuals to file a lawsuit to request the court to protect their legitimate rights and interests, or to protect the legitimate rights and interests of others, public interests, and the interests of the State, but the indictment has filed a lawsuit with the court without meeting one of these conditions.

For example: Company A is the employer who signs a contract with Mr. B. The contract clearly states that Mr. B will be given a 1-year vocational training course by the Company; At the same time, Mr. B is obliged to work at the Company for at least 5 years from the time he finishes his studies. However, after completing his studies, Mr. B only worked at Company A for 02 years. Company A sued Mr. In this case, according to the provisions of Article 201 of the Labor Code 2012, Clause 1, Article 32 of the Civil Procedure Code 2015, Company A is not qualified to sue.

For disputes over the right to use land that have not been resolved through conciliation at the People's Committee of the commune, ward, or town where the disputed land is located, as stipulated in Article 202 of the Land Law 2013, it is determined that the conditions for filing a lawsuit as prescribed in point b, Section 1, Article 192 of the Civil Procedure Code 2015 have not been met.

For other disputes related to land use rights, such as: disputes about transactions related to land use rights, disputes about the inheritance of land use rights, the division of common property between husband and wife, which is land use rights, etc., the conciliation procedure at the People's Committee of the commune, ward, or town where the disputed land is located is not a condition for filing a lawsuit.

– The case has been resolved through a legally effective judgment or decision of the Court, or a legally effective decision of an authorized state authority, except in cases where the Court rejects the accusation's request for divorce, request for change of child custody, request for change of alimony, request for change of property management, request for change of heritage management, request for change of guardianship, or cases involving property claims, claims for property lease or loan, claims for housing, claims for land use rights lease or loan, where the Court has not accepted the request and the accusation has the right to initiate a new lawsuit in accordance with the provisions of the law;

– At the end of the time limit specified in Clause 2, Article 195 of this Code, if the plaintiff does not submit the receipt for the advance payment of court fees to the Court, except in cases where the plaintiff is exempted or does not have to pay court fee advances or there are objective obstacles or force majeure events;

- The case does not fall within the jurisdiction of the Court;

A case that does not fall within the jurisdiction of the Court is a situation where, according to the provisions of the law, civil disputes, marriage and family matters, business, trade, and labor disputes fall under the jurisdiction of other agencies or organizations, or are being resolved by another competent authority.

For example, according to the provisions in Article 203(2) of the Land Law 2013, in land disputes in which the land plot does not have a Land Use Right Certificate or any of the documents specified in Article 100 of the Land Law 2013, the parties have the right to choose either the competent People's Court as stipulated by the law on civil proceedings or the competent People's Committee as stated in Article 203(3) of the Land Law 2013 to resolve the dispute. If the party has already submitted a request to resolve the dispute to the competent People's Committee and the committee is currently handling the dispute, then the case does not fall within the jurisdiction of the Court according to the provisions of the law on civil proceedings.

- The plaintiff does not amend or supplement the lawsuit according to the request of the Judge as stipulated in Clause 2 of Article 193 of this Code;

In the case where the plaintiff has correctly and fully stated the address of the defendant, the person with related rights and obligations in the lawsuit, but they do not have a stable residence and frequently change their residence or headquarters without notifying the competent authority or person as stipulated by the law on residence, with the intention to conceal their address and evade obligations towards the plaintiff, the judge will not return the lawsuit but will determine that the defendant and the person with related rights and obligations have deliberately hidden their address and proceed with the proceedings and resolution according to the general procedures.

In the case where the plaintiff does not state the complete, specific, or correct name and address of the defendant, the person with related rights and obligations in the lawsuit, and does not amend or supplement as requested by the Judge, the Judge will return the lawsuit.

- The plaintiff withdraws the lawsuit.

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

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