What is maximum period of postponement of civil Court sessions in Vietnam?

What is maximum period of postponement of civil Court sessions in Vietnam?

Pursuant to Clause 2, Article 259 of the 2015 Civil Procedure Code, the time limit for postponement of the court sessions is as follows:

2. The postponement of the Court sessions must be recorded in minutes. Duration of the postponement of the Court sessions must not exceed 01 month from the day on which the trial panels make decisions to postpone the Court sessions. When such time expires, if the reasons for the postponement do not exist anymore, the trial panels shall resume the Court sessions; otherwise, the trial panels shall make decisions to suspend the resolution of the lawsuits. The trial panels must send written notification to procedure participants and the procuracies of the same levels about the time for resuming the Court sessions.

Thus, according to the above provisions in Vietnam, period of postponement of Court sessions is not more than 1 month from the day on which the trial panels make decisions to postpone the Court sessions.

What cases can be postponed from the Court in Vietnam?

Pursuant to Clause 1, Article 259 of the 2015 Civil Procedure Code, the cases of postponement of court sessions are as follows:

1. During the process of adjudication, the trial panel shall be entitled to make decisions to postpone the Court session in any of the following cases:

a) Due to health conditions or due to a force majeure event or an objective obstacle, the proceeding officer cannot continue with the Court session, unless the proceeding officer can be replaced;

b) Due to health conditions or due to a force majeure event or an objective obstacle, the procedure participant cannot continue participating in the Court session, unless the presiding officer apply for trial in their absence;

c) Cases where materials and/or evidences must be verified or additional collected to resolve the cases and such activities could not be carried out at the court;

d) Cases where the additional expertising results or the re-expertising results have not been made and must be waited for;

dd) Involved parties agree to request the Court to postpone the Court session so that they will conduct mediation themselves;

e) Cases which must be reported to the Chief Justice of the Courts to apply for amendment and/or supplement or repeal of legislative documents as prescribed in Article 221 of this Code.

Best Regards!