Who are the involved parties in civil cases​ in Vietnam?

Who are the involved parties in civil cases​ in Vietnam? (Internet image)

1. Who are the involved parties in civil cases?

Article 68 of the Civil Procedure Code 2015 stipulates that involved parties in civil cases are as follows:

-  The involved parties in civil lawsuits are agencies, organizations and individuals, including:

+ Plaintiff:

The litigator in a civil lawsuit is the person that initiates lawsuit or the person for whom the other agencies, organizations and individuals prescribed by this Code initiates the lawsuit to request the Court to resolve the civil lawsuit when he/she holds that the legitimate rights and interests of that person have been infringed upon.

Agencies and organizations prescribed by this Code, which initiate civil lawsuits to request Courts to protect the public interests, the State's interests in the domains under their respective charges are also plaintiffs.

+ Defendant:

The defendant in a civil lawsuit is the person against whom the plaintiff initiates a lawsuit or the other agencies, organizations and individuals prescribed by this Code initiates a lawsuit to request the Court to resolve the civil lawsuit when they holds that the legitimate rights and interests of the plaintiff have been infringed upon by such person.

+ Persons with related rights and obligations:

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.

- The involved parties in civil matters are agencies, organizations and individuals, including:

+ Persons petitioning the resolution of civil matters:

The persons petitioning the resolution of civil matters are those who petition the Court to or not to recognize a legal event to form the basis for the arising of rights and/or obligations relating to civil issues, marriage and family, business, trade and labor of themselves or of other agencies, organizations and individuals; and/or petition the Court to recognize their rights and/or obligations relating to civil issues, marriage and family, business, trade, labor.

+ Persons with related interests and/or obligations:

The persons with related interests and/or obligations in civil matters are those who do not petition the resolution of civil matters, but the resolution of the civil matters is related to their interests and/or obligations and, therefore they themselves, or other involved parties in the civil matters, 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 the Courts.

Where the resolution of a civil matter 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.

(Article 68 of the Civil Procedure Code 2015)

2. Regulations on the involved parties' civil procedure law capacity and civil procedure act capacity in Vietnam

Article 69 of the Civil Procedure Code 2015 stipulates the involved parties' civil procedure law capacity and civil procedure act capacity as follows:

- The civil procedure law capacity means the capability to have the law-prescribed rights and obligations in civil procedures.

Every agencies, organizations and individuals shall have the same civil procedure law capacity in petitioning the Court to protect his/her/its legitimate rights and interests.

- The civil procedure act capacity means the ability to exercise one's own rights and obligations by him/herself in civil procedures or authorize his/her representative to participate in civil procedures.

- The involved parties being persons aged full 18 years or older shall have full civil procedure act capacity, except for legally incapacitated person or except otherwise provided for by law.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act capacity shall be determined according to the decision of the Court.

- The involved parties being persons aged under 6 years or persons losing their civil act capacity shall not have the civil procedure act capacity.

The exercise of the civil proceeding rights and/or obligations of such persons, the protection of the legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

- For the involved parties being persons aged between full 6 and under 15 years, the protection of their civil proceeding rights and/or obligations and the protection of legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act rights and/or obligations and the protection of their legitimate rights and interests shall be determined according to the decision of the Court.

- The involved parties being persons aged between full 15 years and under 18 years, who have worked under labor contracts or involved in civil transactions with their own properties shall have the right to participate in civil procedures themselves regarding matters related to such labor or civil relations.

In such cases, the Court shall have the right to summon their lawful representatives to participate in the procedures.

For other matters, the exercise of the civil proceeding rights and/or obligations of such persons at Courts shall be performed by their lawful representatives.

- The involved parties being agencies, organizations shall participate in civil procedures through their lawful representatives.

3. Rights and obligations of the involved parties in civil cases in Vietnam

Article 70 of the Civil Procedure Code 2015 stipulates that the involved parties shall have equal rights and obligations when participating in civil procedures. When participating in civil procedures, the involved parties 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 this Code;

- 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 this Code;

- 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 this Code.

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 this Code;

- To participate in the Court sessions according to the provisions of this Code;

- 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 this Code;

- 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 Code;

- 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 this Code if failing to fulfill obligations;

- To have other rights and obligations prescribed by law.

Ngoc Nhi

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