Case of return of lawsuit petitions in Vietnam

I'm initiating a civil lawsuit, so I want to know about the cases of return of lawsuit petitions in Vietnam. - Duy Tuan (Hau Giang)

Case of return of lawsuit petitions in Vietnam

1. Case of return of 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:

- The petitioners have no right to initiate a lawsuit as prescribed in Articles 186 and 187 of Vietnam's Civil Procedure Code 2015 or do not have full civil procedure act capacity;

- 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;

- 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;

- 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;

- The cases do not fall under the courts' jurisdiction;

- 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 competent 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 addresses 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;

- The litigators withdraw the petitions.

Note:

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. Petitions and materials and evidences that the Judges return to the litigators must be photocopied and retained at the Court to serve as the basis for settlement of the complaints/recommendations on request.

(Clause 1, 2, Article 192 of the Civil Procedure Code 2015)

2. Cases of the involved parties eligible to re-submit a civil lawsuit petition in Vietnam

Pursuant to Article 192 of the Civil Procedure Code 2015, 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 the law in Vietnam.

3. Regulations on Complaints, recommendations about the return of lawsuit petitions and settlement thereof in Vietnam

Article 194 of the Civil Procedure Code 2015 provides for complaints, recommendations and settlement of complaints and recommendations about the return of lawsuit petitions as follows:

Stage 1: Exercising the right to complain

- Within 10 days from the day on which the returned petitions are received, the litigators may file their complaints, or the procuracies may file recommendations to the Courts which have returned the lawsuit petitions.

Stage 2: Complaint review

- Immediately after the complaints, recommendations about the return of lawsuit petitions are received, the Chief Justices of the Courts shall assign other Judges to review and settle such complaints/recommendations.

- Within 05 working days from the day on which they are assigned, the Judges shall hold meeting to review and settle the complaints/recommendations. Such meeting must be under the attendance of representatives of procuracies of the same levels and involved parties filing the complaints; if the involved parties are absent, the sessions shall be carried out under the direction of the Judges.

Stage 3: Issuing a decision to resolve the complaint

Pursuant to materials and evidences related to the return of lawsuit petitions, opinions of representatives of procuracies and involved parties filing complaints at the meetings, the Judge shall make one of the following decisions:

- To remain the return of lawsuit petitions and notify the involved parties and procuracies of the same level;

- To receive back the lawsuit petitions and accompanied materials as well as evidences in order to process the cases.

Stage 4: Decision to respond to the complaint

-  Within 10 days from the day on which the decisions responding the complaints/recommendations are received, the litigators may file their complaints, or the procuracies may file recommendations to the Chief Justices of the directly superior Courts for consideration and settlement.

- Within 10 days from the day on which the complaints/recommendations pertaining to the return of the lawsuit petitions are received, the Chief Justices of the directly superior Courts must make one of the following decisions:

+ To uphold the return of the lawsuit petitions;

+ To request the first-instance Courts to receive back the lawsuit petitions and accompanied materials as well as evidences in order to process the cases.

The decisions on settlement of complaints/recommendations of the Chief Justices of the Courts of the directly superior shall be immediately effective and shall be sent to the litigators, procuracies of the same level, the procuracies filing the recommendation and the Courts having issued the decisions on return of the petitions.

- If there are grounds to determine that the decisions of Chief Justice of the immediate superior Court prescribed in clause 6 of this Article are contrary to the law, then within 10 days from the day on which the decisions are received, the involved parties may file complaints or the procuracies may file recommendations to the Chief Justices of the Collegial People’s Courts (applicable to cases where the decisions subject to complaint/recommendation are issued by the People’s Courts of provinces) or to the Chief Justice of the Supreme People’s Court (applicable to cases where the decisions subject to complaint/recommendation are issued by Collegial People’s Courts)

Within 10 days as from the day on which the complaints of the involved parties or the recommendations of the procuracies are received, the Chief Justices must consider and settle them. Decision of the Chief Justices shall be the final one.

Ngoc Nhi

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