Is disagreeing with content of the lawsuit a counter-claim in Vietnam? Does a plaintiff have right to disagree a counter-claim of defendant in Vietnam?

Is disagreeing with content of the lawsuit a counter-claim in Vietnam?

Pursuant to Article 72 of the 2015 Civil Procedure Code, rights and obligations of the defendants are stipulated as follows:

1. The involved parties' rights and obligations prescribed in Article 70 of this Code.

2. To be notified by Courts of the lawsuits against them.

3. To agree or disagree with part or whole of the claims of the plaintiff, persons with related interests and/or obligations who have independent claims.

4. To make counter-claims against the plaintiffs if they are related to the plaintiffs' claims or set off the obligations claimed by the plaintiffs. For counter-claims, the defendants shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.

5. To make independent claims for persons with relevant interests and/or obligations and such claims shall relevant to the lawsuit settlement. For independent claims, the defendants shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.

6. If the counter-claims or the independent claims are not accepted by the Court to be resolved in the same case, the defendant may initiate another lawsuit.

In addition, Article 200 of the 2015 Civil Procedure Code stipulates defendants' right to make counter-claims as follows:

1. Together with their obligation to submit to Courts their written opinions on the plaintiffs' claims, the defendants are entitled to file counter-claims against the plaintiffs or persons with relevant interests and duties who have made independent claims.

2. The defendants' counter-claims against the plaintiffs and/or persons with relevant interests and duties shall be accepted in one of the following cases:

a) The counter-claims are made to clear liability against the plaintiffs' claims and/or persons with relevant interests and duties with independent claims;

b) The accepted counter-claims may exclude the partial or full acceptance of the plaintiffs' claims and/or persons with relevant interests and duties who have made independent claims;

c) There is an interrelation between the counter-claim and the claim of the plaintiff/person with relevant interests and duties, and if these claims are settled in the same case, the resolution of such claims in the same case shall be more accurate and quicker.

3. Defendants are entitled to make counter-claims before the opening of the meetings for checking the handover of, access to and disclosure of evidences and mediating.

Thus, according to current regulations in Vietnam, your disagreement of the plaintiff's content is not considered a counter-claim but rather a disagreement of the lawsuit's content. To be considered a counter-claim, it must fall into one of the cases specified above.

Is disagreeing with content of the lawsuit a counter-claim in Vietnam? Does a plaintiff have right to disagree a counter-claim of defendant in Vietnam? (Image from the Internet)

Does a plaintiff have right to disagree a counter-claim of defendant in Vietnam?

According to Article 71 of the 2015 Civil Procedure Code, rights and obligations of the plaintiffs are as follows:

1. The involved parties' rights and obligations prescribed in Article 70 of this Code.

2. To modify the contents of lawsuit claims; withdraw part or whole of their lawsuit claims.

3. To agree or disagree with part or whole of the counter-claims of defendant, persons with related interests and/or obligations who have independent claims.

According to this Article, the plaintiff, when receiving a counter-claim of the defendant, still has right to disagree the counter-claim.

Best regards!