Supreme People's Court provides guidance on returning petitions

09:50, 11/07/2024

The Supreme People's Court has just issued Resolution 04/2017/NQ-HDTP guiding the regulations on the return of the statement of claim (SoC), and the right to refile the SoC for a case under Clause 1 and Clause 3, Article 192 of the 2015 Code of Civil Procedure.

The People's Court returns the petitioner's application to the agency, organization, or individual petitioner (hereinafter referred to as the petitioner) who does not fall under the entities specified in Article 186 and Article 187 of the Code of Civil Procedure 2015. To be specific:

- The petitioner is not an entity under Article 186: The petitioner does not file the application to protect their own legitimate rights and interests or to protect the legitimate rights and interests of the agency, organization, or individual for whom they are the lawful representative;- The petitioner is not an entity under Article 187: The petitioner is not in a case where they have the right to file an application to protect the legitimate rights and interests of others, public interests, and State interests.

The demand for petitions in the aforementioned two cases does not require verification or evidence collection as there are sufficient grounds to conclude that there are no legitimate rights and interests being violated or needing protection.

Resolution 04/2017/NQ-HDTP takes effect from July 1, 2017.

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