When resolution of civil lawsuits is suspended in Vietnam, will the court fee advance be returned to involved parties in Vietnam?

When resolution of civil lawsuits is suspended in Vietnam, will the court fee advance be returned to involved parties in Vietnam?

When resolution of civil lawsuits is suspended in Vietnam, will the court fee advance be returned to involved parties in Vietnam? I have questions about this issue and hope you can guide me.

Reply:

Pursuant to Clause 2, Article 215 of the 2015 Civil Procedure Code, regulations on consequences of the suspension of resolution of civil lawsuits are as follows:

...

2. The Court fee advances and Court fees paid by the involved parties shall be deposited at the State Treasury and handled when the Courts proceed with the resolution of the civil lawsuits.

Thus, it can be seen that the advance amount has not been returned but will be deposited at the state treasury and will be processed when the Court continues to resolve the civil case in Vietnam.

What is termination of the resolution of civil lawsuits in Vietnam? 

What is termination of the resolution of civil lawsuits in Vietnam? We look forward to receiving advice from you. Sincerely thank!

Reply:

The suspension of resolution of civil cases is regulated by Article 217 of the 2015 Civil Procedure Code as follows:

1. After accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances:

a) The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;

b) Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;

c) The litigators withdraw all petitions for initiation of lawsuits or the plaintiffs are absent though having been duly summoned twice, unless they apply for trials in their absence or a force majeure event or an objective obstacle occurs;

d) The Courts have issued decisions to open bankruptcy procedures for enterprises or cooperatives being a party to the cases and the resolution of such cases is related to the obligations and property of such enterprises or cooperatives;

dd) plaintiffs fail to advance the charges for property price appraisal and other procedural charges prescribed in the Code.

If the defendants with counter-claims or persons with relevant interests and duties with independent claims fail to advance the property price appraisal and other procedural charges as prescribed in this Code, the Courts shall terminate the resolution of counter-claims or the independent claims of the persons with relevant interests and duties;

e) The involved parties have requested to apply the statute of limitations before the first-instance Courts issue the judgments/decisions on case resolution and the statute of limitations for lawsuit initiation expire;

g) Cases prescribed in clause 1 Article 192 of this Code that have been accepted by the Courts;

h) Other circumstances prescribed by law.

2. If the plaintiffs withdraw all petitions for lawsuit initiation or are absent without good and sufficient reasons or do not apply for trials in their absence though have been duly summoned twice and there are defendants applying for counter-claims and/or persons with relevant interests and duties applying for independent claims, the cases shall be resolved as follows:

a) If the defendants withdraw all the counter-claims and/or persons with relevant interests and duties withdraw all the independent claims, the Courts shall issue decisions to terminate the resolution of the cases;

b) If the defendants do not withdraw or withdraw only a part of the counter-claims, the Courts shall issue decisions to terminate the resolution of the petitions for lawsuits of plaintiffs; then the defendants shall become the plaintiffs and vice versa;

c) If the defendants withdraw all the counter-claims, persons with relevant interests and duties do not withdraw or withdraw only a part of the independent claims, the Courts shall issue decisions to terminate the resolution of the petitions for lawsuits of plaintiffs and/or counter-claims of defendants; then the persons with relevant interests and duties shall become the plaintiffs, persons who are sued according to independent claims shall become the defendants;

3. The Courts shall make decisions to terminate the resolution of civil lawsuits and cross out the civil cases in the acceptance books and return the petitions and accompanied materials and evidences to involved parties on request; in such cases, the Courts must make and retain copies of such petitions, documents and evidences to serve as basis for resolution of appeals and recommendations on request.

Within 03 working days from the day on which decisions to terminate the resolution of civil lawsuits are issued, the Courts shall send such decisions to involved parties, agencies, organizations and individuals initiating the lawsuits and procuracies of the same levels.

4. Regarding cases that are re-settled according to first-instance procedures, immediately when decisions to conduct cassation or reopening trials have been issued, if the Courts decide to terminate the resolution of the cases, the Courts shall also resolve the consequences of the enforcement of judgments and other relevant matters (if any); if the plaintiffs withdraw the petitions or are absent though have been duly summoned twice, the termination of the resolution of the cases must be agreed by the defendants and persons with relevant interests and duties.

Above are the regulations on suspension of resolution of civil lawsuits in Vietnam. You should refer to the 2015 Civil Procedure Code in detail to better understand this regulation.

When resolution of civil lawsuits is suspended in Vietnam, will the court fee advance be returned to involved parties in Vietnam? (Image from the Internet)

What are cases of termination of appellate trial of civil cases in Vietnam?

I read in the law newspaper about the process of resolving civil cases, which has stages such as termination, suspension, etc. However, I don't really understand. I don't know when the trial activities will be terminated in the case of an appeal trial? Is there specific regulatory information? Thanks to the support experts for providing me with information. Thanks a lot!

Reply:

According to the provisions of Clause 1, Article 289 of the 2015 Civil Procedure Code, the appellate Court shall issue a decision to suspend the appellate trial over a case or a part of a case in the following cases:

a) Cases specified in points a and b clause 1 Article 217 of this Code;

- The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;

- Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;

b) The appellant withdraw the whole appeal or the procuracy withdraw the whole appeal;

c) The appellant withdraw a part of the appeal or the procuracy withdraw a part of the appeal;

d) Other cases as prescribed by law.

Above is the content of advice on cases of termination of appellate trial of civil cases in Vietnam. For more detailed information, you should refer to the 2015 Civil Procedure Code.

Best regards!