Vietnam: If the defendant is intentionally absent many times, will the case continue to be directed?

Vietnam: If the defendant is intentionally absent many times, will the case continue to be directed? (Internet image) 

Regarding this issue, LawNet answers as follows:

1. If the defendant is intentionally absent many times, will the case continue to be directed?

According to Article 227 of the Civil Procedure Code 2015, the presence of involved parties, their representatives and defense counsels of legitimate rights and interests in Vietnam is stipulated as follows:

- For the first time duly summoned by the Court, involved parties or their representatives and defense counsels of their legitimate rights and interests must be present at the Court session; if any of them is absent, the trial panel shall postpone the Court session, unless such person requests for trial in his/her absence.

The Courts must notify the involved parties, their representatives and defense counsels of legitimate rights and interests of the postponement of the Court session.

- For the second time duly summoned by the Court, involved parties or their representatives and defense counsels of their legitimate rights and interests must be present at the Court session, unless they request for trials in their absence; if any of them is absent due to a force majeure event or an objective obstacle, the Court may postpone the Court session, otherwise the Court shall handle as follows:

+ If the plaintiff is absent and his/her representative does not participate in the Court session, such plaintiff shall be considered giving up the lawsuit initiation, thus the Court shall issue a decision to terminate the case resolution for his/her request for lawsuit initiation, unless such plaintiff requests for trials in their absence. The plaintiff may re-initiate lawsuits according to law provisions;

+ If the defendant without counter-claims or a person with relevant interests and duties without independent claims is absent and his/her representative does not participate in the Court session neither, then the Court shall direct the trial according to absence-trial procedure;

+ If the defendant has counter-claims but is absent and his/her representative does not participate in the Court session, such defendant shall be considered giving up the counter claims, thus the Court shall issue a decision to terminate the resolution for his/her counter claims, unless such defendant requests for trial in his/her absence. The defendant may re-initiate lawsuits for his/her counter-claims according to law provisions;

+ If the person with relevant interests and duties has independent claims but is absent and his/her representative does not participate in the Court session, such person shall be considered giving up the independent claims, thus the Court shall issue a decision to terminate the resolution for his/her independent claims, unless such person requests for trial in his/her absence. Such person may re-initiate lawsuits for his/her independent claims according to law provisions;

+ If the defense counsels of legitimate rights and interests of the involved parties are absent, the Court shall direct the trial according to absence-trial procedures.

Thus, according to the above regulations, if the defendant doesnt present on second time duly summoned without a legitimate reason, the Court will still direct the trial.

2. What are the rights and obligations of the defendants in Vietnam?

Pursuant to Article 72 of the Civil Procedure Code 2015, the rights and obligations of the defendants in Vietnam are stipulated as follows:

- The involved parties' rights and obligations prescribed in Article 70 of the Civil Procedure Code 2015.

- To be notified by Courts of the lawsuits against them.

- To agree or disagree with part or whole of the claims of the plaintiff, persons with related interests and/or obligations who have independent claims.

- To make counter-claims against the plaintiffs if they are related to the plaintiffs' claims or set off the obligations claimed by the plaintiffs. For counter-claims, the defendants shall have the plaintiffs' rights and obligations prescribed in Article 71 of the Civil Procedure Code 2015.

- To make independent claims for persons with relevant interests and/or obligations and such claims shall relevant to the lawsuit settlement. For independent claims, the defendants shall have the plaintiffs' rights and obligations prescribed in Article 71 of the Civil Procedure Code 2015.

- If the counter-claims or the independent claims are not accepted by the Court to be resolved in the same case, the defendant may initiate another lawsuit.

Nguyen Ngoc Que Anh

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