Who is the plaintiff? Who is the defendant? Rights and obligations of plaintiffs and defendants in Vietnam

Rights and obligations of the involved parties

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 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.