If I withdraw my lawsuit petition, can I re-submit it in Vietnam?

If I withdraw my lawsuit petition, can I re-submit it in Vietnam?

I lent a loan but this person did not pay when I filed a lawsuit petition. They promised to pay if I withdrew the petition. I wanted the matter to be resolved smoothly so I withdrew the petition. Now this person has changed his mind and refuses to pay, can I apply again?

Reply:

Clause 3, Article 192 of the 2015 Civil Procedure Code stipulates:

3. Involved parties may re-submit the petitions in the following cases:

a) The litigators have fully had civil procedure act capacity;

b) 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;

c) Requirements for initiating lawsuits have been fully satisfied;

d) Other cases prescribed by law.

This clause is guided by Article 7 of Resolution 04/2017/NQ-HDTP.

Thus, according to the above regulations in Vietnam, for a previous property claim case where the Court has not accepted the request, once the request has been withdrawn, the litigators has the right to sue again.

If I withdraw my lawsuit petition, can I re-submit it in Vietnam? (Image from the Internet)

If litigators withdraw all petitions for initiation of lawsuits, will Court fee advance money be refunded in Vietnam?

Let me ask. If litigators withdraw all petitions for initiation of lawsuits, will Court fee advance money be refunded in Vietnam? Look forward to receiving your feedback.

Reply:

At Point c, Clause 1, Article 217 of the 2015 Civil Procedure Code, it is stipulated:

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:

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;

And in Clause 3, Article 218 of the 2015 Civil Procedure Code, regulations on the consequences of the termination of resolution of civil lawsuits are as follows:

3. In cases where the Court issue decisions to terminate the resolution of civil lawsuits because the litigators withdraw all petitions for lawsuit initiation as provided for in point c and other cases specified in points d, dd, e and g clause 1 Article 217 of this Code, the Court fee advance money paid by the involved parties shall be refunded to the payers.

=> Thus, according to the above regulations in Vietnam, in case the litigator withdraws the entire lawsuit request, the previously paid Court fee advance money will be refunded.

If I withdraw my lawsuit but the other party files a counter-claim, will the case be terminated in Vietnam? 

I filed a lawsuit against Mr. Hien to reclaim the motorbike that Mr. Hien is illegally keeping. After that, Mr. Hien filed a protest, asking me to return the 50 million I borrowed from Mr. Hien. So let me ask, when I withdraw my petition, will the Court suspend the case?

Reply:

According to Clause 2, Article 217 of the 2015 Civil Procedure Code, the case is terminated when the plaintiff withdraws the lawsuit when the defendant files a counterclaim, specifically as follows:

2. If the plaintiffs withdraw all petitions for lawsuit initiation or are absent without good and sufficient reasons or do not apply for trials in their absence though have been duly summoned twice and there are defendants applying for counter-claims and/or persons with relevant interests and duties applying for independent claims, the cases shall be resolved as follows:

a) If the defendants withdraw all the counter-claims and/or persons with relevant interests and duties withdraw all the independent claims, the Courts shall issue decisions to terminate the resolution of the cases;

b) If the defendants do not withdraw or withdraw only a part of the counter-claims, the Courts shall issue decisions to terminate the resolution of the petitions for lawsuits of plaintiffs; then the defendants shall become the plaintiffs and vice versa;

c) If the defendants withdraw all the counter-claims, persons with relevant interests and duties do not withdraw or withdraw only a part of the independent claims, the Courts shall issue decisions to terminate the resolution of the petitions for lawsuits of plaintiffs and/or counter-claims of defendants; then the persons with relevant interests and duties shall become the plaintiffs, persons who are sued according to independent claims shall become the defendants;

Thus, if you withdraw the lawsuit but Mr. Hien does not withdraw the counterclaim, the Court will only suspend your request to claim the car but will still resolve Mr. Hien's counterclaim. From here, Mr. Hien becomes the plaintiff, you become the defendant in Vietnam.

If you withdraw the lawsuit and Mr. Hien withdraws the counterclaim, the Court will decide to terminate the case in Vietnam.

Best regards!