What are the circumstances that the courts shall proceed with the case adjudication in Vietnam?

What are the circumstances that the courts shall proceed with the case adjudication in Vietnam?

According to the regulations in a civil case, what are the circumstances that the courts shall proceed with the case adjudication in Vietnam? Please, list out specific cases. Which document states it?

Answer: 

Pursuant to Article 228 of the Civil Procedure Code in 2015 stipulating as follows: 

The Courts shall proceed with the case adjudication in the following circumstances:

1. The plaintiff, the defendant or the persons with related interests and duties and their representatives are absent from Court sessions but such plaintiff/defendant/person with related interests and duties files an application to request the Courts to conduct the trial in their absence;

2. The plaintiff, the defendant or the persons with related interests and obligations, who are absent from Court sessions, have their lawful representatives to attend the Court sessions;

3. The cases prescribed in points b, c, d and dd clause 2 Article 227 of this Code.

What are the courts' measures to collect documents and evidences in civil procedures in Vietnam?

Hello Lawnet. I'm Dinh Truong. I'm researching the legal regulations on settlement of civil cases of courts at all levels. I want to know about the courts' measures to collect documents and evidences in civil procedures. Which document states it? Thank you!

Answer: 

Pursuant to Clause 2, Article 97 of the Civil Procedure Code in 2015 stipulating the courts' measures to collect documents and evidences in civil procedures in Vietnam as follows: 

- Taking testimonies of the involved parties, witnesses;

- Requesting expertises;

- Conducting property evaluation;

dd) Conducting on-site inspection and appraisal;

- Entrusting the collection and verification of documents and evidence;

- Requesting agencies, organizations and individuals to supply readable, audible and visible materials or other exhibits related to the resolution of civil cases;

- Verifying the presence or absence of the involved parties at the residence;

- Other measures according to regulations in this Code.

Above are the courts' measures to collect documents and evidences in civil procedures in Vietnam. You may refer to the Civil Procedure Code in 2015 to have better understanding about this matter.

What marriage-and family-related petitions are under the courts' jurisdiction in Vietnam?

I want to know about marriage-and family-related petitions that are under the courts' jurisdiction in Vietnam.

Pursuant to Article 29 of the Civil Procedure Code in 2015 stipulating marriage-and family-related petitions under the courts' jurisdiction in Vietnam as follows: 

1. The petitions for revocation of illegal marriages.

2. The petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces.

3. The petitions for recognition of agreements between the parents about the change of post-divorce custodian or recognition of change of post-divorce child custodian decided by agencies, organizations and individuals according o law regulations on marriage and family.

4. The petitions for restriction on rights of a father or mother towards a minor child or his/her right to see the child after divorce.

5. The petitions for termination of the adoption of children.

6. The petitions relating to the surrogacy according to law regulations on marriage and family.

7. The petitions for recognition of agreements of termination of the effect of the division of spousal common properties during their marriage to have been carried out according to the judgments/decisions of the Courts.

8. The petitions for declaration of nullification of the agreements on the property division between the husband and the wife according to legislation on marriage and family.

9. The petition for recognition and enforcement in Vietnam or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other foreign competent agencies; or for non-recognition of judgments or decisions on marriage and family of foreign Courts or other competent foreign competent agencies which are not requested to be enforced in Vietnam.

10. The petition for determination of fathers or mothers for children; or determination of children for fathers or mothers according to legislation on marriage and family.

11. Other petitions relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

Above are marriage-and family-related petitions under the courts' jurisdiction in Vietnam. You may refer to the Civil Procedure Code in 2015 to have better understanding about this matter.

Best regards!