Compilation of Responses by the Supreme People's Court Regarding Civil Procedure in Vietnam

Duy Thinh

18:59, 10/07/2024

Lawnet is pleased to introduce to our members a compilation of responses from the Supreme People's Court in Vietnam to issues encountered during civil prcedure. The content is compiled based on Official Dispatch No. 01/GD-TANDTC.

STT	Case	Supreme Court’s Explanation	Legal Basis
1	Determining the statute of limitations for lawsuits regarding the division of inheritance that is real property in Vietnam.	In cases where the inheritance opens from January 1, 2017, onwards, Clause 1 Article 623 Civil Code 2015 applies, which sets the statute of limitations for inheritance division lawsuits at 30 years, starting from the time the inheritance is opened.	- Point d, Clause 1, Article 688 Civil Code 2015 - Clause 4, Article 4 Resolution 02/2016/NQ-HDTP
1		If the inheritance was opened before September 10, 1990, the statute of limitations for filing a lawsuit for inheritance division is 10 years, starting from September 10, 1990.	Article 36 Inheritance Ordinance 1990 and guidance from Resolution 02/HDTP
		If the date of opening the inheritance is before July 1, 1991, and the inheritance is a house, the period from July 1, 1996, to January 1, 1999, is not included in the statute of limitations for filing a lawsuit for cases without overseas Vietnamese participants; the time from July 1, 1996, to September 1, 2006, is not included in the statute of limitations for cases with overseas Vietnamese participation.
2	The parties do not agree on the value of the inheritance, do not request valuation of the inheritance in the dispute over the inheritance of property being houses and land.	The judge conducts an on-site assessment and makes a decision to value the property and establish a Valuation Council.	Clause 1 Article 101 and Point b, Clause 3, Article 104 Civil Procedure Code 2015
3	If the litigants fail to pay sufficient fees for assessment and valuation of assets, can the court decide to suspend the case?	The court cannot decide to suspend the case.	Point d, Clause 1, Article 217 Civil Procedure Code 2015
4	If the court is late in issuing a decision on successful conciliation compared to the time limit specified in Clause 1 Article 212 Civil Procedure Code 2015, is it considered a serious procedural violation?	- Depending on the case, the court may issue a decision recognizing the agreement of the litigants but must ensure it is within the trial preparation period. - Therefore, the court's late decision is a violation of the deadline for issuing the decision but is not considered a serious procedural violation.	Clause 3 Article 203 Civil Procedure Code 2015
5	During the resolution of a divorce case, after conciliation, the husband and wife agree to reunite but do not withdraw the lawsuit. Should the court issue a decision on successful conciliation or a decision to suspend the case?	The court determines that it is a case where the plaintiff withdraws the lawsuit and issues a decision to suspend the case resolution.	Point c, Clause 1, Article 217 Civil Procedure Code 2015
6	In a case with several litigants, if one litigant with relevant rights and obligations requests not to proceed with conciliation, is the case considered not reconcilable?	The court determines it is a case where conciliation cannot proceed.	Clause 4, Article 207 Civil Procedure Code 2015
7	If a civil case in Vietnam is temporarily suspended, and a person with relevant rights and obligations withdraws their independent request, should the court continue the case to suspend the withdrawn request or wait until the reason for suspension no longer exists before resolving it together in the same case?	The court considers and resolves the independent request of the person with relevant rights and obligations when the reason for suspension no longer exists.	Article 216 Civil Procedure Code 2015
8	At the trial court session in Vietnam, if the litigants change or supplement their request, what procedure should be followed for resolving these requests?	- Litigants do not need to resubmit the lawsuit, counterclaim petition, independent request, and do not need to pay the advance court fee for the changed or supplemented portion. - Changes or supplements to the request must be recorded in the trial minutes. - If the Trial Panel accepts the changes or supplements, it must clearly state them in the judgment.	Clause 3 Article 235, Clause 1 Article 236, Clause 1 Article 244 Civil Procedure Code 2015
9	In a divorce case, where the husband or wife has a child aged 7 or older but does not know the child’s residential address, making it impossible for the court to obtain the child's statement. If both parents want custody, how should this be resolved? Can the court assign custody to one party without consulting the child?	The court resolves this according to general procedures, based on the overall best interest of the child to determine custody.	Clause 2, Article 81 Law on Marriage and Family 2014

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