Rules for resolving civil cases without law provisions to apply in Vietnam

Rules for resolving civil cases without law provisions to apply in Vietnam (Internet image)

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

1. Rules for resolving civil cases without law provisions to apply in Vietnam

Rules for resolving civil cases without law provisions to apply under Article 45 of the Civil Procedure Code 2015 are as follows:

* The application of custom shall be conducted as follows:

- The Courts shall apply custom to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases. The custom must not be contrary to basic rules of civil legislation specified in Article 3 of the Civil Code.

- When petitioning Courts to resolve civil cases, involved parties may adduce customs to request the Courts to apply.

- Courts shall verify the applicability of the customs, ensuring the compliance with provisions of Article 5 of the Civil Code.

- If involved parties adduce different customs, the ones accepted at the places where the civil cases occur shall prevail.

* The application of law provisions in the same matters shall be conducted as follows:

- The Courts shall apply law provisions applicable to the same matters to resolve civil cases when the involved parties do not reach agreements on and the law does not provide for such cases as prescribed in Article 5 of the Civil Code and clause 1 of Article 45 of the Civil Procedure Code 2015.

- When applying law provisions applicable to the same matter, the Court shall determine clearly the legal nature of the civil cases, determine clearly that in current legal system there is no legal provisions cover such relationship and determine legal provisions cover similar civil relationship.3. Basic rules of civil law provisions, precedents and the justice shall be applied as follows:

- Courts shall apply basic rules of civil law provisions, precedents and the justice to settle civil cases when the application of law provisions applicable to the same matters as prescribed in Article 5 and clause 1 Article 6 of the Civil Code and clauses 1 and 2 of Article 45 of the Civil Procedure Code 2015 is not available.

- Basic rules of civil law provisions are specified in Article 3 of the Civil Code.

- Precedents shall be studied and applied in the resolution of civil cases after being selected by the Council of Judges of the Supreme People’s Court and announced by the Chief Justice of the Supreme People’s Court.

- The justice shall be determined on the basis of the reasons admitted by everyone, conformable with the principle of being humanitarian, unbiased and equal in rights and obligations of involved parties in such civil cases.

2. Regulations on transferring civil cases to other courts in Vietnam

According to Article 41 of the Civil Procedure Code 2015 stipulating the transferring civil cases to other courts; settlement of disputes over jurisdiction:

- If a Court has accepted a civil case which does not fall within its jurisdiction, it shall issue a decision to transfer the civil cases dossier to a competent Court and cross out the civil cases in its acceptance book. Such decision must be immediately sent to the Procuracy all involved parties and relevant agencies, organizations and individuals.

The involved parties and relevant agencies, organizations and individuals may make complaints, the Procuracy may submit recommendation for such decision within 03 working days from the day on which the decision is received.

Within 03 working days from the day on which the complaint or the recommendation is received, the Chief Justice of the Court that issued the decision to transfer the civil cases must resolve the complaint/recommendation. The decision of the Chief Justice shall be the final decision.

- Disputes over the jurisdiction of People’s Court of districts in the same province shall be settled by the Chief Justice of the People’s Court of province.

- Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of the Collegial People’s Court shall be settled by the Chief Justice of the High People's Court.

- Any dispute over the jurisdiction between People's Courts of districts of different provinces or between People's Courts of provinces that falls under the territorial jurisdiction of different Collegial People’s Courts shall be settled by the Chief Justice of the Supreme People's Court.

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