Right to request Courts to protect legitimate rights and interests in Vietnam under the Civil Procedure Code 2015

Right to request Courts to protect legitimate rights and interests in Vietnam under the Civil Procedure Code 2015 (Internet image)

1. Right to request Courts to protect legitimate rights and interests in Vietnam under the Civil Procedure Code 2015

Right to request Courts to protect legitimate rights and interests in Vietnam under Article 4 of the Civil Procedure Code 2015 is as follows:

- Individuals, agencies and organizations defined by this Code shall have the right to institute civil lawsuits, request the resolution of civil matters at competent Courts in order to protect the justice, human’s rights, civil rights, benefits of the State, legitimate rights and interests of their own or of others.

- Courts must not refuse to settle a civil case for the reason that there is no applicable law provision for such case.

A civil case without applicable law provisions is a civil case falling within the governing scope of civil laws but there is no applicable law provision at the time such civil case arises and an agency/organization/individual requests the Court to settle.

The settlement of civil case specified in this clause shall comply with the principles prescribed in the Civil Code 2015 and the Civil Procedure Code 2015.

2. Regulation scope and task of the Civil Procedure Code 2015 in Vietnam

According to Article 1 of the Civil Procedure Code 2015, regulation scope and task of this Code are as follows:

The Civil Procedure Code 2015 provides for the basic principles in civil proceedings; the order and procedures for initiating lawsuits at People’s Court (hereinafter referred to as Courts) to settle cases of civil, marriage and family, business, trade and labor (hereinafter referred to as civil lawsuits) and order and procedures to request the Court to settle matters regarding civil, marriage, family, business, trade, labor (hereinafter referred to as civil matters); order and procedures for settlement of civil lawsuits and civil matters (hereinafter referred to as civil cases) at Courts; procedures for recognition and enforcement in Vietnam civil judgments/decisions of foreign Courts, award of foreign arbitrators; enforcement of civil judgments; tasks, entitlements and responsibilities of proceeding authorities/officers; rights and obligations of participants in procedures, of individuals, of regulatory agencies, people’s armed units, economic organizations, political organizations, socio-political organizations, political – social – professional organizations, social organizations, social – professional organizations (hereinafter referred to as agencies and organizations) that are relevant to ensure that the resolution of civil cases is carried out quickly, accurately, truthfully and lawfully.

The Civil Procedure Code 2015 contributes to the protection of the justice, of human’s rights, civil rights, protection of socialist regime, of the interests of the State, legitimate rights and interests of agencies, organizations and individuals; educates people to strictly abide by law.

3. Regulated entities and effect of the Civil Procedure Code 2015 in Vietnam

According to Article 1 of the Civil Procedure Code 2015, regulated entities and effect of this Code are as follows:

- The Civil Procedure Code 2015 applies to all civil proceedings throughout the territory of the Socialist Republic of Vietnam, including mainland, offshore island, territorial waters and airspace.

- The Civil Procedure Code 2015 applies to all civil proceedings conducted by consular offices of the Socialist Republic of Vietnam in foreign countries.

- The Civil Procedure Code 2015 applies to the settlement of civil cases involving foreign element(s); where the international treaties to which the Socialist Republic of Vietnam is a signatory provide otherwise, the provisions of such international treaties shall apply.

- For foreign individuals, agencies and organizations that enjoy diplomatic privileges and immunities or consular privileges and immunities under Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a signatory, the civil cases related to such individuals, agencies and/or organizations shall be settled through the diplomatic channel.

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