Can plaintiffs withdraw divorce lawsuits at trial in Vietnam?

Can plaintiffs withdraw divorce lawsuits at trial in Vietnam?

Question: In the famous divorce case between Ms. Le Hoang Diep Thao and Mr. Dang Le Nguyen Vu, at the trial the presiding judge advised Ms. Thao to fulfill her duties as a wife, live like a queen, and hand over the business to her husband. So I want to ask, in general divorce cases, can the plaintiff withdraw the divorce petition at trial?

Reply:

Article 71 of the 2015 Civil Procedure Code stipulates rights and obligations of the plaintiff:

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.

If the plaintiff withdraws the entire divorce petition at trial, based on Article 244 of the 2015 Civil Procedure Code:

Considering the change, supplementation or withdrawal of claims

1. The trial panels shall accept the change and/or supplementation of the involved parties' claims, if such change or supplementation does not fall beyond the scope of their original lawsuit petitions, counter-claims or independent claims.

2. Where an involved party voluntarily withdraws part or whole of his/her claim, the Trial Panel may accept such request and terminate the trial regarding the withdrawn part or whole of the claim.

Thus, if the plaintiff withdraws the entire request, the Trial Council accepts and suspends the trial of the portion of the request or the entire request that the involved parties has withdrawn in Vietnam.

Can plaintiffs withdraw divorce lawsuits at trial in Vietnam? (Image from the Internet)

What is authority to replace of procurators at trial in Vietnam?

Question: I understand that the prosecutor who is a relative of the involved parties is not allowed to participate in the proceedings and the authority to change the prosecutor before the trial belongs to the Director of the Procuracy. So let me ask, at the trial where this mistake was discovered, does the authority to change the prosecutor belong to the trial panel or is it still the Director of the Procuracy? Thank!

Reply:

Pursuant to Article 62 of the 2015 Civil Procedure Code, it is stipulated that decision on replacement of procurators or inspector is as follows:

1. Prior to the opening of Court sessions, the replacement of procurators shall be decided by the chairpersons of the procuracies of the same level; if the to be-replaced procurators are procuracy chairpersons, their replacement shall be decided by the chairpersons of the immediate superior procuracies.

The replacement of the inspectors shall be decided by the procuracy chairpersons at the same level.

2. In Court sessions, the replacement of procurators shall be decided by the trial panels after listening to the opinions of the to be-replaced persons. The trial panels shall discuss matters in the deliberation rooms and make decisions by majority.

The decision on postponement of the Court session for the replacement of procurators shall be decided by the trial panels. The appointment of procurators as the replacement shall be decided by the chairpersons of the procuracies of the same level. If the to be-replaced procurators are chairpersons of the procuracies, their replacement shall be decided by the chairpersons of the immediate superior procuracies.

3. The replacement of procurators when processing the civil matters shall comply with regulations in clause 3 Article 368 of this Code.

4. Within 03 working days from the day on which the Court session/meeting is postponed, the procuracy chairperson shall assign the replacing persons and send the Court a written notification.

According to this Article, when it is discovered that the prosecutor and the involved parties are relatives at the trial, the Trial Panel will postpone the trial if the majority approves the replacement in Vietnam. However, the authority to change the Procurator is still decided by the Director of the People's Procuracy.

Can defendants who are absent from court appeal in Vietnam?

Question: I am the defendant in a debt collection case. The Court recently held a first instance trial but I have an application for a trial in absentia. So let me ask, if I am absent, do I have right to appeal the verdict? If so, how is the appeal period calculated?

Reply:

According to Article 271 of the 2015 Civil Procedure Code, the following people have the right to appeal:

The involved parties or their representatives, agencies, organizations or individuals initiating lawsuits shall have the right to lodge their appeals against judgments or decisions of the first-instance Courts to suspend or terminate the resolution of lawsuits in order to request the appellate Courts to conduct re-trials according to the appellate procedures.

In addition, Article 273 of the 2015 Civil Procedure Code also stipulates time limit for an appeal as follows:

1. The time limit for an appeal against the first-instance court's judgment is 15 days as from the date of judgment pronouncement; for the involved parties or representatives of agencies/organizations/individuals initiating lawsuits being absent from the Court sessions or absent when the Court pronounces the judgment with good and sufficient reason, the time limit for an appeal shall be counted from the date the judgment is handed to them or publicly posted up.

For cases where involved parties, representatives of agencies/organizations/individuals initiating lawsuits are present in Court sessions but absent when the Court pronounces the judgment without good and sufficient reason, time limit for an appeal shall be counted from the date of judgment pronouncement.

Therefore, if you are the defendant absent from the trial, you still have the right to appeal the first-instance court's judgment. The appeal period is 15 days from the date you receive the judgment or judgment is posted in Vietnam.

Best regards!