What rights and obligations do persons with related interests and/or obligations have in civil proceedings in Vietnam?
I am a person with related interests and/or obligations in a civil case being resolved by the Court. After the Court's decision, can I be granted judgment extracts in Vietnam?
Can persons with related interests and/or obligations be supplied with judgment extracts in Vietnam?
Pursuant to Article 269 of the 2015 Civil Procedure Code has the following provisions:
1. Within 03 working days after the end of a Court session, the involved parties, agencies, organizations or individuals initiating the lawsuits shall be supplied with judgment extracts by the court.
2. Within 10 days as from the date of judgment pronouncement, the Court shall hand over or send the judgment to the involved parties, agencies, organizations or individuals initiating the lawsuit and the procuracy of the same level.
3. An effective first-instance judgment of the Court about resolution of civil lawsuit pertaining to interests of consumers initiated by a social organization protecting interests of consumers must be publicly posted at the office of the Court and must be publicly posted on one of central or local dailies for three consecutive issues.
An effective first-instance judgment of the Court relevant to the compensation responsibility of the State must be sent to State management agencies competent in state compensation by the Court.
An effective first-instance judgment of the Court relevant to the change of civil status of an individual must be notified by the Court in writing enclosed with judgment extracts to People’s Committee where such individual registered for civil status as prescribed in the Law on civil status.
Time limit for public disclosure, posting or delivery of judgments and notices prescribed in this clause is 05 working days from the day on which the judgment takes legal effect.
4. Effective first-instance judgments of the Court shall be posted on e-portal of the Court (if any), except for court’s judgments/decisions containing information specified in clause 2 Article 109 of this Code.
Pursuant to Clause 1, Article 68 of the 2015 Civil Procedure Code, there are provisions on involved parties in civil cases as follows:
1. The involved parties in civil lawsuits are agencies, organizations and individuals, including the plaintiffs, the defendants and the persons with related interests and obligations.
The involved parties in civil matters are agencies, organizations and individuals, including the persons petitioning settlement of civil matters and persons with related interests and obligations.
Thus, according to the above provisions in Vietnam, persons with related interests and/or obligations have the right to be supplied with judgment extracts in a civil case by the Court. So in this case, after the Court has made the final decision, you will receive judgment extracts after 03 working days.
What rights and obligations do persons with related interests and/or obligations have in civil proceedings in Vietnam?
Pursuant to Article 73 of the 2015 Civil Procedure Code, rights and obligations of the persons with related interests and/or obligations are as follows:
1. Persons with related interests and/or obligations shall have the following rights and obligations:
a) The rights and obligations prescribed in Article 70 of this Code;
b) To be allowed to make independent claims or participate in the procedures on the side of the plaintiffs or the defendants.
2. If the persons with related interests and obligations make independent claims and such independent claims are related to the lawsuit settlement, they shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code. If different independent claims are not accepted by the Court to be resolved in the same case, the persons with related interests and/or obligations may initiate another lawsuit.
3. If the persons with related interests and/or obligations participate in the procedures on the side of the plaintiff or only have interests, they shall have the plaintiffs' rights and obligations prescribed in Article 71 of this Code.
4. If the persons with related interests and/or rights participate in the procedures on the side of the defendants or only have obligations, they shall have the defendants' rights and obligations prescribed in Article 72 of this Code.
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