After the court accepts the case, will there be any court cost advances if I withdraw the lawsuit in Vietnam?

After the court accepts the case, will there be any court cost advances if I withdraw the lawsuit in Vietnam?

Pursuant to Clause 1, Article 217 of the 2015 Civil Procedure Code stipulates termination of the resolution of civil lawsuits as follows:

1. After accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances:

a) The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;

b) Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;

c) The litigators withdraw all petitions for initiation of lawsuits or the plaintiffs are absent though having been duly summoned twice, unless they apply for trials in their absence or a force majeure event or an objective obstacle occurs;

d) The Courts have issued decisions to open bankruptcy procedures for enterprises or cooperatives being a party to the cases and the resolution of such cases is related to the obligations and property of such enterprises or cooperatives;

dd) plaintiffs fail to advance the charges for property price appraisal and other procedural charges prescribed in the Code.

If the defendants with counter-claims or persons with relevant interests and duties with independent claims fail to advance the property price appraisal and other procedural charges as prescribed in this Code, the Courts shall terminate the resolution of counter-claims or the independent claims of the persons with relevant interests and duties;

e) The involved parties have requested to apply the statute of limitations before the first-instance Courts issue the judgments/decisions on case resolution and the statute of limitations for lawsuit initiation expire;

g) Cases prescribed in clause 1 Article 192 of this Code that have been accepted by the Courts;

h) Other circumstances prescribed by law.

In Clause 3, Article 18 of Resolution 326/2016/UBTVQH on handling of court cost and fee advances and court costs and fees, accordingly:

3. In case where the Court decides to suspend the handling of civil cases because the appealing parties withdraw their appeal request specified in clause 1c, Article 217 of the Criminal Procedure Code and other cases mentioned in points d, dd, e, and g, clause 1, Article 217 of the Criminal Procedure Code, or suspend the handling of civil cases involving foreign elements specified in clause 1, Article 472 of the Criminal Procedure Code or the handling of administrative cases specified in points b, c, e, d, g and h, clause 1, Article 143 of the Law on Administrative Procedures, the paid court cost advance amounts shall be returned to the payer.

If the Court decides to suspend the handling of civil cases because the defendants withdraw their counter claim or the persons with related interests or obligations that make independent claims withdraw their request, the paid court cost advance amount shall be returned to the payer.

If the cassation courts or the re-opening trial courts quash the civil first-instance or appellate judgments in order to open a re-trial following the first-instance procedures, after the first-instance court re-handle the case and decides to suspend the handling of the civil case because the involved parties withdraw their lawsuit petitions, the paid court cost advance amount and the paid court cost amount shall be returned to the payer.

Thus, you can withdraw the lawsuit and will not lose court cost advances when the lawsuit file of the case has been accepted and the case will be terminated.

Who has right to withdraw the lawsuit in Vietnam?

According to Clause 2, Article 189 of the 2015 Civil Procedure Code, form and contents of a lawsuit petition are prescribed, specifically as follows:

2. Individuals shall draw up petitions as follows:

a) Individuals with fully civil procedure act capacity may draw up petitions themselves or request other persons to draw up petitions. Names and residential addresses of such individuals shall be written at the blanks for names and addresses of the litigators; at the end of the petitions, there shall be signatures or fingerprints of such individuals;

b) Regarding individuals being minors, legally incapacitated persons, persons with limited cognition or behavior control, their lawful representatives may draw up petitions themselves or request other persons to draw up petitions. Names and residential addresses of such individuals shall be written at blanks for names and addresses of the litigators; at the end of the petitions, there shall be signatures or fingerprints of the lawful representatives;

c) Individuals of cases specified in points a and b of this clause who are illiterate or have visual disabilities or who cannot draw up petitions or append signatures or fingerprints themselves may request other persons to help them draw up the petitions under the witnessing of persons with fully civil procedure capacity. The witnesses must append their signatures on the petitions.

According to this Article, the petition will be filed by the petitioner and therefore, if the petition is withdrawn, the petitioner will also withdraw the petition in Vietnam.

Best regards!