Will violators be handled when withdrawing civil lawsuit petitions in Vietnam?

Will violators be handled when withdrawing civil lawsuit petitions in Vietnam?

Hello, my name is Sang Nguyen, living and working in Ben Tre. Recently, the neighbor's side planted trees encroaching on my land, I reminded many times but they still didn't care. Realizing that this is an act of encroachment on the land, I have submitted an application to the Commune People's Committee to expect a settlement, but through many times the Committee has invited to mediate, but they still do not cooperate. So, after completing the procedures, I have applied to the District Court. The court accepted, then the neighbor's family came to meet my family to talk, after many times begging and compensating for the encroachment of trees on my land as well as promising not to repeat the offense. So I went to the Court to withdraw the petition. May I ask: In case withdrawal of the civil lawsuit petition, will the offender be handled?

Reply: 

Pursuant to the provisions of Article 5 of the 2015 Civil Procedure Code, involved parties' right to decision-making and self-determination is prescribed 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.

Thus, if you withdraw the petition to request the settlement of the civil case in Vietnam, the court will issue a decision to suspend the case. The offender will not be held responsible before the law for her behavior.

What are regulations on procedures for receiving and processing lawsuit petitions in Vietnam?

What are procedures for receiving and processing lawsuit petitions? Hello, my name is Kim Hang, I live and work in Vinh Long, my neighbor and I are having an adjoining real estate dispute, I intend to sue to protect my rights because I did learn about the legal proceedings in advance, but I still don't quite understand it, please advise, specifically: What are regulations on procedures for receiving and processing lawsuit petitions? Hope to receive a reply from you soon, thank you very much! (0123**)

Reply: 

Pursuant to the provisions of Article 191 of the 2015 Civil Procedure Code, procedures for receiving and processing lawsuit petitions are prescribed as follows:

1. Courts, via petition receiving divisions, must receive lawsuit petitions lodged by litigators directly or via post and must record them in the petition registers. If the petitions are sent through the e-portal, the Courts shall make printing copies of the petitions and must record them in the petition registers.

When receiving petitions that are submitted directly, Courts shall immediately issue the receiving slip for the litigators. For petitions sent by post, within 02 working days from the day on which the petitions are received, the Courts shall send the litigators notifications of the receipt of the petitions. If the petitions are sent through the e-portal, the Courts shall immediately notify the litigators of the receipt of the petitions via their e-portal (if any).

2. Within 03 working days from the day on which the petitions are received, the Chief Justices of Courts shall assign one Judge to review the petitions.

3. Within 05 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:

a) To request for amendment and/or supplementation of lawsuit petitions;

b) To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures, if the cases are satisfied for resolution according to simplified procedures as prescribed in clause 1 Article 317 of this Code;

c) To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;

d) To return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction.

4. Results of petition processing of the Judges prescribed in clause 3 of this Article must be recorded to the petition registers and notified to the litigators via the Courts’ e-portals (if any).

What are regulations on complaints, recommendations about the return of lawsuit petitions and settlement thereof in Vietnam? 

What are regulations on complaints, recommendations about the return of lawsuit petitions and settlement thereof in Vietnam? Hello, my name is Khanh Lam, I live and work in Ben Tre, I have filed a lawsuit with the Court on land dispute, but my application has been returned, so I intend to file a complaint. I have researched a number of regulations on legal proceedings in advance, but it is still unclear, so I asked you to help me, specifically: What are regulations on complaints, recommendations about the return of lawsuit petitions and settlement thereof? Which document regulates this issue? Hope to receive a reply from you soon, thank you very much! (0123**)

Reply: 

Pursuant to Article 194 of the 2015 Civil Procedure Code, complaints, recommendations about the return of lawsuit petitions and settlement thereof are prescribed as follows:

1. Within 10 days from the day on which the returned petitions are received, the litigators may file their complaints, or the procuracies may file recommendations to the Courts which have returned the lawsuit petitions.

2. Immediately after the complaints, recommendations about the return of lawsuit petitions are received, the Chief Justices of the Courts shall assign other Judges to review and settle such complaints/recommendations.

3. Within 05 working days from the day on which they are assigned, the Judges shall hold meeting to review and settle the complaints/recommendations. Such meeting must be under the attendance of representatives of procuracies of the same levels and involved parties filing the complaints; if the involved parties are absent, the sessions shall be carried out under the direction of the Judges.

4. Pursuant to materials and evidences related to the return of lawsuit petitions, opinions of representatives of procuracies and involved parties filing complaints at the meetings, the Judge shall make one of the following decisions:

a) To remain the return of lawsuit petitions and notify the involved parties and procuracies of the same level;

b) To receive back the lawsuit petitions and accompanied materials as well as evidences in order to process the cases.

5. Within 10 days from the day on which the decisions responding the complaints/recommendations are received, the litigators may file their complaints, or the procuracies may file recommendations to the Chief Justices of the directly superior Courts for consideration and settlement.

6. Within 10 days from the day on which the complaints/recommendations pertaining to the return of the lawsuit petitions are received, the Chief Justices of the directly superior Courts must make one of the following decisions:

a) To uphold the return of the lawsuit petitions;

b) To request the first-instance Courts to receive back the lawsuit petitions and accompanied materials as well as evidences in order to process the cases.

The decisions on settlement of complaints/recommendations of the Chief Justices of the Courts of the directly superior shall be immediately effective and shall be sent to the litigators, procuracies of the same level, the procuracies filing the recommendation and the Courts having issued the decisions on return of the petitions.

7. If there are grounds to determine that the decisions of Chief Justice of the immediate superior Court prescribed in clause 6 of this Article are contrary to the law, then within 10 days from the day on which the decisions are received, the involved parties may file complaints or the procuracies may file recommendations to the Chief Justices of the Collegial People’s Courts (applicable to cases where the decisions subject to complaint/recommendation are issued by the People’s Courts of provinces) or to the Chief Justice of the Supreme People’s Court (applicable to cases where the decisions subject to complaint/recommendation are issued by Collegial People’s Courts)

Within 10 days as from the day on which the complaints of the involved parties or the recommendations of the procuracies are received, the Chief Justices must consider and settle them. Decision of the Chief Justices shall be the final one.

Best Regards!