07/10/2022 09:43

People’s Supreme Procuracy of Vietnam reponses to 45 cases on civil, marriage and family cases

People’s Supreme Procuracy of Vietnam reponses to 45 cases on civil, marriage and family cases

On December 25, 2020, the People’s Supreme Procuracy of Vietnam promulgated Official Dispatch 5814/VKSTC-V14 responding to problems in perception and application of the law to settle civil, marriage and family cases.

In particular, the Official Dispatch responds to the following questions:

- Is it mandatory to include the procurator's comments at the court session in the judgment? If the Court does not record, does it court as a violation?

- What to do if either party refuses to conclude or execute the contract after deposit for contract conclusion or contract execution has been paid?

- When settling a civil case with a request for declaring void contract, the Court has explained to the involved parties about the legal consequences of declaring void contract, but the involved parties did not request the Court to settle the consequences mentioned then. Therefore, will the request for settling the consequences of the void contract submitted during the court session be accepted?

- In the case of the wife (husband) applying for divorce from the mentally ill husband (wife), who shall be the representative for the mentally ill person to participate in the proceedings?

- In the marriage and family case, after conciliation, when the defendant request for a claim for compensation for mental loss, the Court accepts the defendant's counterclaim for settlement in the case. Is the Court's handling correct?

- Husband and wife have been granted a Marriage Certificate but there is no signature of both husband and wife on the Certificate. So is the marriage relationship recognized? Can a couple ask the Court to settle a divorce?

- In a divorce case where one of the involved parties is declared missing by the Court, is it necessary to issue, serve and notify the procedural documents to them?

See details in Official Letter 5814/VKSTC-V14 issued on December 25, 2020.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

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