Regulations on persons with related interests and/or obligations in civil lawsuits in Vietnam

Regulations on persons with related interests and/or obligations in civil lawsuits in Vietnam (Internet image)

1. Who is the persons with related interests and/or obligations in civil lawsuits?

According to Clause 4, Article 68 of the Civil Procedure Code 2015, the persons with related interests and/or obligations in civil lawsuits are those who neither initiate lawsuits nor are sued, but the resolution of the civil lawsuits is related to their interests and/or obligations and, therefore they themselves, or other involved parties, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by courts.

 Where the resolution of a civil lawsuit is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

2. Rights and obligations of the persons with related interests and/or obligations in Vietnam

Rights and obligations of the persons with related interests and/or obligations in Vietnam according to Article 73 of the Civil Procedure Code 2015 are as follows:

* Persons with related interests and/or obligations shall have the following rights and obligations:

- To respect courts, and strictly observe the court's rules;

- To advance Court fees and charges and pay Court fees and charges and other expenses as prescribed by law;

- To provide sufficiently and accurately address of their residence/work place; during the resolution of cases, any change of address of residence/workplace shall be promptly notified other involved parties and the Court;

- To maintain, modify, supplement or withdraw their petitions in accordance with Civil Procedure Code 2015;

- To supply materials and evidences; to prove to protect their legitimate rights and interests;

- To petition agencies, organizations and individuals that are keeping or managing materials and evidences to supply such materials and evidences to them;

- To petition the Court to verify and collect materials and evidences of the cases which they cannot perform themselves; petition the Court to request other involved parties to present materials and evidences they are keeping; petition the Court to issue the decision to request the agencies, organizations and individuals that are keeping and managing the materials/evidences to supply such materials and evidences; request the Court to summon witnesses, to ask for expertise, evaluation or price appraisal;

- To read and take notes, make photocopies of materials and evidences produced by other involved parties or collected by courts, except for materials and evidences specified in clause 2 Article 109 of Civil Procedure Code 2015;

- To send other involved parties or their lawful representatives photocopies of the petition and materials and evidences, excluding evidences and materials that other involved parties have been provided with as prescribed in clause 2 Article 109 of Civil Procedure Code 2015.

For cases where the photocopies of lawsuit petition, materials and evidences cannot be made due to good and sufficient reasons, they may request the Court to assist;

- To request Courts to decide on the application, change or cancellation of the application of provisional emergency measures;

- To reach agreement with one another on the resolution of cases: to participate in mediation conducted by courts;

- To receive regular notices for the exercise of their rights and obligations;

- To protect by themselves or ask other persons to protect their legitimate rights and interests;

- To petition the replacement of civil proceeding officers or participants in civil procedures in accordance with Civil Procedure Code 2015;

- To participate in the Court sessions according to the provisions of Civil Procedure Code 2015;

- To be present according to Court summons and abide by Court decisions during the settlement of their cases;

- To ask the Courts to summon persons with related interests and obligations to participate in civil procedures;

- To ask Courts to suspend the settlement of their cases in accordance with Civil Procedure Code 2015;

- To make questions to other persons on matters related to the cases or to propose to Courts matters which need to be questioned on other persons; to confront each other or witnesses;

- To argue in Court sessions, to present argument about assessment of the evidence and the applied law provisions;

- To be provided with extracts of Court judgments, judgments or decisions;

- To appeal against or complain about Court judgments or decisions in accordance with Civil Procedure Code 2015;

- To ask competent persons to appeal according to cassation or reopening procedures against legally effective judgments or decisions of courts;

- To strictly abide by legally effective judgments or decisions of courts;

- To enjoy rights of involved parties in a way that such rights are not misused to obstruct the procedures of Courts and/or other involved parties; to bear the consequences prescribed by Civil Procedure Code 2015 if failing to fulfill obligations;

- To have other rights and obligations prescribed by law.

- To be allowed to make independent claims or participate in the procedures on the side of the plaintiffs or the defendants.

* 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 Civil Procedure Code 2015.

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.

* 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 Civil Procedure Code 2015.

* 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 Civil Procedure Code 2015.

3. Right of persons with related interests and obligations to make independent claims in Vietnam

Right of persons with related interests and obligations to make independent claims in Vietnam under Article 201 of the Civil Procedure Code 2015 is as follows:

- In cases where the persons with related interests and obligations do not participate in the procedures on the side of the plaintiff or the defendant, they shall be entitled to make independent claims when the following conditions are met:

+ The resolution of the case is related to their interests and obligations;

+ Their independent claims are related to the case being settled;

+ If their independent claims are settled in the same case, the resolution of such case shall be more accurate and quicker.

- Persons with relevant interests and duties are entitled to make independent claims before the opening of the meeting held for meetings for checking the handover of, access to and disclosure of evidences and mediating.

Quoc Dat

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