What is settlement for involved parties' death during the trial at the court of appeal in Vietnam?

What is settlement for involved parties' death during the trial at the court of appeal in Vietnam?

Hello. I am involved in a property claim. Currently, the lawsuit is in the appeal stage but the borrower suddenly passed away. Let me ask: What are regulations in case involved parties die during the trial at the court of appeal? Looking forward to receiving advice from you. Thank you very much!

Reply:

The problem you ask can arise in 3 cases as follows:

First: If the defendant dies but has an heir to their rights and obligations, the court will still continue to hear the case. And the heir will appear in court as a defendant.

Second: If the defendant dies but there is temporarily no heir to their rights and obligations, the court will issue a decision to temporarily suspend the resolution of the case according to Clause 1, Article 214 of the 2015 Civil Procedure Code.

Third: If the defendant dies and their rights and obligations are not inherited, based on Clause 1, Article 217 of the 2015 Civil Procedure Code, the court will issue a decision to stop resolving the case.

Above is the advice of us on handling the case where involved parties die during the trial at the court of appeal. You should refer to the 2015 Civil Procedure Code in detail to understand this regulation.

What is settlement for involved parties' death during the trial at the court of appeal in Vietnam? (Image from Internet)

What are regulations on involved parties' right to decision-making and self-determination in civil proceedings in Vietnam?

What are regulations on involved parties' right to decision-making and self-determination in civil proceedings in Vietnam? Hello, I am Hoang Anh, a retired state civil servant. I have questions that I would like to ask you to answer and provide information for, specifically about what are regulations on involved parties' right to decision-making and self-determination in civil proceedings? In which legal documents can I learn about this issue? Hope to receive a response from you soon, thank you very much!

Reply:

Involved parties' right to decision-making and self-determination is stipulated in Article 5 of the 2015 Civil Procedure Code, specifically as follows:

1. The involved parties shall have the right to decide whether to initiate civil lawsuits, petition jurisdictional Courts to settle the civil cases. The Courts shall only accept for settlement of civil cases when they have received lawsuit petitions and/or written requests from an involved party and shall settle the civil cases only within the scope of such lawsuit petition or written request.

2. During the settlement of a civil case, the involved parties shall have a right to terminate or change their petitions or voluntarily reach agreement with one another, which is not contrary to law and social ethics.

Above is the answer about the involved parties' right to decision-making and self-determination in civil proceedings in Vietnam. To understand more clearly and in detail about this issue, you can read and refer to the 2015 Civil Procedure Code.

Ensuring the involved parties' right to protect legitimate rights and interests in civil proceedings in Vietnam

What are regulations on ensuring the involved parties' right to protect legitimate rights and interests in civil proceedings in Vietnam? Hello, I am Phuc Anh, a retired state civil servant. I have questions that I would like to ask you to answer and provide information for, specifically ensuring the right to protect legitimate rights and interests. What are regulations on ensuring the involved parties' right to protect legitimate rights and interests in civil proceedings in Vietnam? In which legal documents can I learn about this issue? Hope to receive a response from you soon, thank you very much!

Reply:

Ensuring the involved parties' right to protect legitimate rights and interests in civil proceedings is stipulated in Article 9 of the 2015 Civil Procedure Code, specifically as follows:

1. The involved parties have the right to defend themselves or to ask lawyers or other persons who satisfy conditions specified in this Code to protect their legitimate rights and interests.

2. The Courts have the responsibility to ensure the conditions for the involved parties to exercise their right to defense.

3. The State has the responsibility to provide legal assistant for such entities according to law provisions enabling them to exercise the right to protect their legitimate rights and interests before the Courts.

4. No one shall limit the right to protect legitimate rights and interests of the involved parties in civil procedures.

Above is the answer about ensuring the involved parties' right to protect legitimate rights and interests in civil proceedings in Vietnam. To understand more clearly and in detail about this issue, you can read and refer to the 2015 Civil Procedure Code.

Best regards!