What are cases where the court shall decide to suspend the resolution of civil lawsuits in Vietnam?
What are cases where the court shall decide to suspend the resolution of civil lawsuits in Vietnam?
According to Article 214 of the Civil Procedure Code 2015 regulating the suspension of the resolution of civil lawsuits in Vietnam:
Article 214. Suspension of the resolution of civil lawsuits
1. The court decides to temporarily suspend the resolution of civil lawsuits when one of the following grounds is present:
a) The involved individual has died; the agency or organization has merged, consolidated, divided, separated, or dissolved without a successor to the procedural rights and obligations of that agency, organization, or individual;
b) The involved individual is incapacitated or a minor, and a legal representative has not been identified;
c) The legal representative of the involved party terminates, and there is no replacement;
d) It is necessary to wait for the results of resolving another related case or event, as required by law, which must be resolved by another agency or organization before resolving the current case;
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Thus, the Court shall issue a decision to suspend the resolution of a civil lawsuit in one of the following cases:
- The involved individual has died; the agency or organization has merged, consolidated, divided, separated, or dissolved, without a successor to the procedural rights and obligations of that agency, organization, or individual
- The involved individual is incapacitated or a minor, and a legal representative has not been identified
- The legal representative of the involved party terminates, and there is no replacement
- It is necessary to wait for the results of resolving another related case or event, as required by law, which must be resolved by another agency or organization before resolving the current case
- It is necessary to wait for the results of executing judicial entrustment, entrustment for evidence collection, or waiting for an agency or organization to provide the materials and evidence upon the Court's request to resolve the case
- It is necessary to wait for the results of handling the legal document related to the resolution of the case, which is suspected to be against the Constitution, law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, legal documents of superior state agencies that the Court has made a written recommendation to the competent state agency to consider amending, supplementing, or abolishing
- As prescribed in Article 41 of the 2014 Bankruptcy Law
- Other cases as prescribed by law
What are cases where the court shall decide to suspend the resolution of civil lawsuits in Vietnam? (Image from the Internet)
How is the court fee advance resolved when the resolution of civil lawsuits is suspended?
According to Article 215 of the Civil Procedure Code 2015 regulating the consequences of the suspension of the resolution of civil lawsuits:
Article 215. Consequences of the suspension of the resolution of civil lawsuits
- The court does not remove the civil case, which is suspended, from the docket but only notes in the docket the number and date of the decision to temporarily suspend the resolution of that civil case.
- The court fee advance, fees already paid by the involved party will be deposited at the state treasury and resolved when the Court resumes the resolution of the civil case.
- In cases of suspension as prescribed in point e, clause 1, Article 214 of this Code, prior to the suspension, the Chief Justice of the Court resolving the case must write a proposal to the Chief Justice of the Supreme People's Court recommending the competent state agency to consider, amend, supplement, or abolish the legal document suspected to be against the Constitution, law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, legal documents of superior state agencies as prescribed in Article 221 of this Code.
Within 01 month from the date the Court receives the recommendation, the competent agency must respond in writing. If the competent agency does not issue a written response within this period, the Court will continue to resolve the case according to standard procedures.
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Thus, when the resolution of civil lawsuits is suspended, the court fee advance already paid by the involved party will be deposited at the state treasury and resolved when the Court resumes the resolution of the civil case.
When does the court decide to resume the resolution of civil lawsuits in Vietnam?
According to Article 216 of the Civil Procedure Code 2015 regulating the decisions on resuming the resolution of civil lawsuits in Vietnam:
Article 216. Decisions on resuming the resolution of civil lawsuits
Within 03 working days from the day the reason for suspension prescribed in Article 214 of this Code no longer exists, the court must issue a decision to resume the resolution of the civil case and send this decision to the involved parties, the agency, organization, individual initiating the lawsuit, and the same-level Procuracy.
The decision to temporarily suspend the resolution of civil lawsuits becomes ineffective from the date of issuance of the decision to resume the resolution of the civil case. The court continues to resolve the case from the date of issuance of the decision to resume the resolution of the civil case.
Thus, the court must issue a decision to resume the resolution of civil lawsuits within 03 working days from the day the reason for the suspension no longer exists.
The decision to resume the resolution of civil lawsuits is sent to the involved parties, the agency, organization, individual initiating the lawsuit, and the same-level Procuracy.
