If involved parties have addresses of residence be determined, can the case be resolved according to simplified procedure in Vietnam?
If involved parties have addresses of residence be determined, can the case be resolved according to simplified procedure in Vietnam? When are decisions to bring cases to trial for resolution according to simplified procedures in Vietnam?
I and another person have a civil dispute, both of us have addresses of residence be determined, are we eligible to resolve the case according to simplified procedure?
1. If involved parties have addresses of residence be determined, can the case be resolved according to simplified procedure in Vietnam?
Pursuant to Clause 1, Article 317 of the 2015 Civil Procedure Code, the Court shall resolve a case according to simplified procedure when all of the following conditions are satisfied:
a) The case has simple details, clear legal relationship and the involved parties have admitted their obligations; materials and evidences are sufficient, ensuring the sufficiency of grounds for the resolution of the case and the Court does not have to collect materials/evidences;
b) Addresses of residence and headquarters of all of involved parties are determined;
c) None of involved parties reside overseas and there are no properties being in dispute are in foreign countries, unless the involved parties residing overseas and the ones residing in Vietnam have reached agreements to request the Courts to resolve the cases according to simplified procedures or the involved parties have presented evidences about the legitimate right to ownership towards the properties and have reached agreements about the handling of the properties.
Thus, if your and the disputing party's addresses of residence are determined, there are not enough eligible to have the case resolved according to the simplified procedure. You and the disputing party must fully meet the above conditions in Vietnam.
2. When are decisions to bring cases to trial for resolution according to simplified procedures in Vietnam?
Pursuant to Article 318 of the 2015 Civil Procedure Code, there are the following provisions:
1. Within 01 month from the day on which the cases are accepted according to regulations in clauses 3 and 4 Article 195 of this Code, the Judge who are assigned to resolve the case must make decisions to bring the cases to trial for resolution according to simplified procedures and shall hold the trials within 10 days from the day on which the decisions are issued.
According to this Article, within one month from the day on which the cases are accepted, the Judge who are assigned shall decide whether to bring the case to trial according to simplified procedures or not in Vietnam.
Best Regards!
