26/02/2024 15:12

What are the cases where the litigators may re-submit the petitions in Vietnam?

What are the cases where the litigators may re-submit the petitions in Vietnam?

If the Courts return the lawsuit petitions, is it possible for me to re-submit the petitions in Vietnam? If possible, what are the procedures regarding this matter? Ms. Khanh Linh (Gia Lai)

Hello, Lawnet would like to answer as follows:

1. What are the cases where the Courts return the lawsuit petitions in Vietnam?

Pursuant to Clause 1, Article 192 of the Civil Procedure Code 2015, the Courts shall return the lawsuit petitions in the following cases:

First, the petitioners have no right to initiate a lawsuit as prescribed in Articles 186 and 187 of the Civil Procedure Code 2015 or do not have full civil procedure act capacity;

Second, conditions for initiating lawsuits prescribed by law are not fully satisfied. Cases where conditions for initiating lawsuits are not fully satisfied are cases where there are provisions about conditions for initiating lawsuits but the litigators initiate lawsuits when any of such conditions has not been satisfied;

Third, the matters have been resolved by effective judgments or decisions of Courts or legally binding decisions of competent State agencies, except for cases where the Courts reject the applications for divorce, for change in child adoption, change of alimony levels or damage compensation levels, or applications for change of property manager, change of inherited-property manager, change of guardian or cases of the reclaim of leased or lent properties or houses leased, lent or offered for other people's free-of-charge stay, which have not been recognized by Court and eligible for re-initiation of lawsuits as prescribed by law;

Forth, after the time limit specified in clause 2 Article 195 of the Civil Procedure Code 2015, the litigators fail to submit the receipts of Court fee advances to the Courts, except for cases they are exempt or do not have to pay the Court fee advances or there are objective obstacles or force majeure events;

Fifth, the cases do not fall under the courts' jurisdiction;

Sixth, the litigators fail to amend or supplement the petitions at the request of the Judges as prescribed in clause 2 Article 193 of the Civil Procedure Code 2015.

If in the petitions, the litigators have written sufficiently and accurately the residential addresses of the defendants and/or the persons with relevant interests and duties but such persons change their residences regularly without notification to compentent agencies/persons according to law regulations on residence to evade obligations towards the litigators, the Judges shall not return the lawsuit petitions but regard the defendants/persons with related interests and duties as purposely concealing their addresseses and accept the petition and conduct settlement according to general procedures.

If in the petitions, the litigators failed to declare sufficiently or accurately names and addresses of defendants and/or persons with relevant interests and duties and fail to make amendment/supplement according to the requests of the Judges, the Judges shall return the petitions to the litigators;

Seventh, the litigators withdraw the petitions.

2. What are the cases where the litigators may re-submit the petitions in Vietnam?

When returning the petitions and the enclosed materials and evidences to the litigators, the Judges shall make writings containing reasons for the return of the petitions and send them to the litigators and the procuracies of the same levels.

Pursuant to Clause 3, Article 192 of the Civil Procedure Code 2015, the involved parties may re-submit the petitions in the following cases:

- The litigators have fully had civil procedure act capacity;

- The petitions for divorces, for change in child adoption, change of alimony levels or damage compensation levels, or petitions for change of property manager, change of inherited-property manager, change of guardian or cases of the reclaim of leased or lent properties or houses leased, lent or offered for other people's free-of-charge stay have not been recognized by Court and are eligible for re-initiation of lawsuits as prescribed by law;

- Requirements for initiating lawsuits have been fully satisfied;

- Other cases prescribed by law.

Thus, when your petition is returned, the judge will attach a document clearly stating the reason for returning the petition, and you will have to solve the problem your petition is facing. Once resolved, you may resubmit it to the court.

You can refer to detailed instructions on returning and resubmitting lawsuit petitions in Resolution 04/2017/NQ-HDTP, taking effect on July 1, 2017.

Nguyen Pham Hoang Thuy
30


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