Does transferring civil cases to other courts have to cross out the civil cases in acceptance book in Vietnam?

Does transferring civil cases to other courts have to cross out the civil cases in acceptance book in Vietnam?

Pursuant to Clause 1, Article 41 of the 2015 Civil Procedure Code, which stipulates transferring civil cases to other courts; settlement of disputes over jurisdiction as follows:

1. If a Court has accepted a civil case which does not fall within its jurisdiction, it shall issue a decision to transfer the civil cases dossier to a competent Court and cross out the civil cases in its acceptance book. Such decision must be immediately sent to the Procuracy all involved parties and relevant agencies, organizations and individuals.

The involved parties and relevant agencies, organizations and individuals may make complaints, the Procuracy may submit recommendation for such decision within 03 working days from the day on which the decision is received. Within 03 working days from the day on which the complaint or the recommendation is received, the Chief Justice of the Court that issued the decision to transfer the civil cases must resolve the complaint/recommendation. The decision of the Chief Justice shall be the final decision.

2. Disputes over the jurisdiction of People’s Court of districts in the same province shall be settled by the Chief Justice of the People’s Court of province.

3. Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of the Collegial People’s Court shall be settled by the Chief Justice of the High People's Court.

4. Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of different Collegial People’s Courts shall be settled by the Chief Justice of the Supreme People's Court.

Therefore, the principle is that if a civil case has been accepted but is not under the jurisdiction of the Court that accepted it, that Court will issue a decision to transfer the civil case file to the competent Court and cross out the civil cases in its acceptance book. Back to your situation, you applied to the court without jurisdiction. Thus, if the District Court transfers a civil case to the Provincial Court, the case must be crossed out in its acceptance book.

Does transferring civil cases to other courts have to cross out the civil cases in acceptance book in Vietnam? (Image from the Internet)

What are current regulations on joining or separating cases in Vietnam?

Pursuant to Article 42 of the 2015 Civil Procedure Code, the above content is stipulated as follows:

Joining or separating cases

1. A Court may join two or more cases which it has separately accepted to a single case to resolve if the joinder and resolution in the same case ensure the law compliance.

Regarding cases where multiple persons filing the same petitions for lawsuits against the same individuals or agencies/organizations, the Courts may gather their petitions to resolve in the same cases.

2. A Court may separate a case with different claims into two or more cases if the separation and resolution of the separated cases strictly comply with law.

3. Upon the case merger or separation prescribed in Clauses 1 and 2 of this Article, the Courts which have accepted the petitions must issue decisions and send them immediately to the procuracies of the same level, the involved parties and relevant agencies, organizations and individuals.

Above are the regulations on joining or separating civil cases according to current law in Vietnam.

Best regards!