Hello, I have a question as follows: In a civil case, case A sues B to pay an amount of 10,000,000 VND and 20 gold only. When the Court conducts the mediation, A only asks B to pay 10,000,000 VND, for 20 gold bars A does not ask B to pay. So, how does the judge make a decision to recognize the parties' agreement and handle the court fee advance for 20 gold bars? Thank you!
Article table of contents
How are changes, additions and withdrawals considered?
Pursuant to Article 244 of the 2015 Civil Procedure Code, the consideration of changing, supplementing and withdrawing requests is as follows:
“Article 244. Consider changing, supplementing, withdrawing requests
1. The trial panel accepts the change or addition of the involved parties' claims if the change or addition of their claims does not exceed the scope of the lawsuit petitions, counter-claims or original independent claims. head.
2. In case an involved party withdraws part or all of his/her claim and the withdrawal of his/her request is voluntary, the Trial Panel shall accept and terminate the trial for part or the whole of his/her claim. withdrawal.”
Thus, the Civil Procedure Code does not stipulate how the litigant withdraws part of the lawsuit claim before the court hearing is opened, but only stipulates that the involved party withdraws the entire lawsuit claim at Point a Clause 2 Article 210, Point c Clause 1, Point c Clause 2, Clause 3, Clause 4 Article 217, Article 244 of the Civil Procedure Code 2015. Specifically, in case the involved parties withdraw part or all of their claims and the withdrawal of their request is voluntary, the Trial Panel shall accept and suspend the trial for the part of the request or the whole of the claim that the involved parties have withdrawn.
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Handling of court fee advances for the part of property that the involved parties withdraw their lawsuit claims in part in Vietnam
Regulations on decision-making to recognize the agreement of the parties?
Pursuant to Article 212 of the 2015 Civil Procedure Code stipulating the recognition of the parties' agreement as follows:
“Article 212. Making decisions to recognize the agreement of the involved parties
1. After 07 days from the date of making the minutes of successful conciliation, if no involved parties change their opinions on such agreement, the judge presiding over the conciliation session or a judge assigned by the chief justice of the court The public must make a decision to recognize the agreement of the parties.
Within 05 working days from the date of issuing the decision to recognize the agreement of the involved parties, the court must send that decision to the involved parties and the same-level procuracies.
2. The judge shall only issue a decision to recognize the agreement of the involved parties if the involved parties can reach agreement on the settlement of the whole case.
3. In the case specified in Clause 4, Article 210 of this Code, where the present involved parties can reach an agreement on the settlement of the case, such agreement is only valid for those present and authorized by the judge. The judge shall issue a decision on recognition if it does not affect the rights and obligations of the absent involved party. In case their agreement affects the rights and obligations of the absent party, this agreement is only valid and recognized by the judge if it is agreed in writing by the absent party at the conciliation session"
How is the court fee advance handled for the part of the property that the litigant withdraws from the lawsuit claim?
Pursuant to subsection 10, Section IV of Official Letter 02/TANDTC-PC in 2021, the reply to this case is as follows: A's withdrawal of the request for 20 gold nuggets must be recorded in the minutes of the meeting to check the handover and follow up. access, disclosure of evidence and conciliation. The Court shall, based on Article 212 of the Civil Procedure Code, issue a decision to recognize the agreement of the involved parties.
Regarding legal fees, according to the provisions of Clause 7, Article 26 of Resolution No. 326/2016/UBTVQH14, the involved parties can reach agreement on the settlement of the case in case the Court conducts conciliation before opening the hearing. The court will have to bear 50% of the court fee, even for cases with no value.
Therefore, the involved parties must bear 50% of the court fee for the amount of 10,000,000 VND, the court fee advance paid for the request to pay 20 gold nuggets, the involved parties will not have to bear the court costs, so they will be refunded. give back.
Khanh Linh
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