08 cases of termination of the resolution of civil lawsuits in Vietnam

08 cases of termination of the resolution of civil lawsuits in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

08 cases of termination of the resolution of civil lawsuits in Vietnam

According to Clause 1, Article 217 of the Civil Procedure Code 2015, after accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances:

(1) The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;

(2) Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;

(3) The litigators withdraw all petitions for initiation of lawsuits or the plaintiffs are absent though having been duly summoned twice, unless they apply for trials in their absence or a force majeure event or an objective obstacle occurs;

(4) The Courts have issued decisions to open bankruptcy procedures for enterprises or cooperatives being a party to the cases and the resolution of such cases is related to the obligations and property of such enterprises or cooperatives;

(5) plaintiffs fail to advance the charges for property price appraisal and other procedural charges prescribed in the Code.

If the defendants with counter-claims or persons with relevant interests and duties with independent claims fail to advance the property price appraisal and other procedural charges as prescribed in this Code, the Courts shall terminate the resolution of counter-claims or the independent claims of the persons with relevant interests and duties;

(6) The involved parties have requested to apply the statute of limitations before the first-instance Courts issue the judgments/decisions on case resolution and the statute of limitations for lawsuit initiation expire;

(7) Cases prescribed in clause 1 Article 192 of the Civil Procedure Code 2015 that have been accepted by the Courts;

(8) Other circumstances prescribed by law.

Consequences of the termination of resolution of civil lawsuits in Vietnam

Specifically, Article 218 of the Civil Procedure Code 2015, consequences of the termination of resolution of civil lawsuitsas follows:

(1) When the decisions to terminate the resolution of civil lawsuits are issued, the involved parties shall not be entitled to initiate lawsuits to request the Courts to re-settle such civil lawsuits if the institution of the subsequent cases does not bring in any difference from the previous cases in terms of the plaintiff, defendant and the disputed legal relations, except for cases prescribed in clause 3 Article 192, point c clause 1 Article 217 of the Civil Procedure Code 2015 and cases otherwise provided for by law.

(2) In cases where the Courts issue decisions to terminate the resolution of civil lawsuits as provided for in points a and b Clause 1, Article 217 of the Civil Procedure Code 2015 or because the plaintiffs are absent though have been duly summoned twice as prescribed in point c clause 1 Article 217 of the Civil Procedure Code 2015, the Court fee advance money paid by the involved parties shall be confiscated by the State for public fund.

(3) In cases where the Court issue decisions to terminate the resolution of civil lawsuits because the litigators withdraw all petitions for lawsuit initiation as provided for in point c and other cases specified in points d, dd, e and g clause 1 Article 217 of the Civil Procedure Code 2015, the Court fee advance money paid by the involved parties shall be refunded to the payers.

(4) The decisions to terminate the resolution of civil lawsuits may be appealed against under appellate procedures.

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