Order for making arguments at the first-instance trial of a civil case in Vietnam

Order for making arguments at the first-instance trial of a civil case in Vietnam (Internet image)

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

1. Order for making arguments at the first-instance trial of a civil case in Vietnam

Order for making arguments at the first-instance trial of a civil case according to Article 260 of the Civil Procedure Code 2015 is as follows:

- At the end of the inquiring process, the Trial Panels shall move on to the arguments in Court sessions. The order for making arguments shall be as follows:

+ The defense counsels of the plaintiffs' legitimate rights and interests shall make their presentations. The plaintiff shall be entitled to give additional opinions. In cases where agencies or organizations initiate lawsuits, the representatives of such agencies or organizations shall present their opinions. The persons having their rights and interests protected may give additional comments;

+ Defense counsels of the defendants' legitimate rights and interests shall present counter-arguments. The defendant shall be entitled to give additional opinions.

+ Defense counsels of the legitimate rights and interests of persons with related interests and duties shall make presentations. The persons with related interests and duties shall be entitled to give additional opinions;

+ Involved shall present their arguments and counter-arguments according to the control of the presiding Judges;

+ When it is deemed necessary, the trial panels may request involved parties to make additional argument about specific matters that are used as grounds for the resolution of the cases.

- In cases where the plaintiffs, the defendants or persons with related interests and duties have no one to defend their legitimate rights and interests, they shall themselves make presentations during the arguments.

- If any of the involved parties or other participants is absent, the presiding Judges of the Court sessions shall publicly disclose his/her testimonies so that involved parties present at the courtroom could make arguments and responses.

2. Contents and mode of oral argument in Court sessions in Vietnam

Contents and mode of oral argument in Court sessions according to Article 247 of the Civil Procedure Code 2015 are as follows:

- Oral argument at the Courts include the presentation of evidences, questioning and answering and the expression of opinions and argument about evidences and details of the civil lawsuits or disputes and the applicable law provisions for the resolution of petitions of involved parties in the cases.

- The oral argument at the Courts shall be conducted according to the direction of the Presiding Judge of the Court session.

3. Presentation of defense counsels of legitimate rights and interests of the involved parties at the first-instance trial of the civil case in Vietnam

According to Article 248 of the Civil Procedure Code 2015, the presentation of defense counsels of legitimate rights and interests of the involved parties at the first-instance trial of the civil case is as follows:

- In cases where certain involved parties still maintain their claims and cannot reach agreements on the resolution of the cases, the involved parties shall present in the following order:

+ The defense counsels of the plaintiff's legitimate rights and interests shall present the plaintiff's claims and evidences to prove that their claims are well-grounded and lawful. The plaintiff shall be entitled to give additional opinions.

In cases where agencies or organization institute the cases, their representatives shall present the lawsuit claims and evidences to prove that their lawsuit claims are well-grounded and lawful;

+ The defense counsels of the defendant's legitimate rights and interests shall present the defendant's opinions on the plaintiff's claims; the defendant's counter-claims and proposals as well as evidences to prove that such proposals are well grounded and lawful. The defendant shall be entitled to give additional opinions.

+ The defense counsels of the legitimate rights and interests of persons with related rights and obligations shall present the latter's opinions on the claims and proposals of the plaintiff and the defendant; independent claims and proposals of the persons with related rights and obligations as well as evidences to prove that such proposals are well grounded and lawful.

The persons with related interests and duties shall be entitled to give additional opinions.

- In cases where the plaintiff, the defendant or the persons with related interests and duties have no defense counsels of their legitimate rights and interests, they shall present by themselves their claims and proposals as well as evidences to prove that such claims and proposals are well grounded and lawful.

- At the Court sessions, the involved parties and defense counsels of their legitimate rights and interest are entitled to supplement evidences as prescribed in clause 4 Article 96 of this Code to prove their respective claims and proposals.

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