Who are the involved parties in civil cases in Vietnam?

Who are the involved parties in civil cases in Vietnam? (Internet image) 

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

1. Who are the involved parties in civil cases in Vietnam?

According to Article 68 of the Civil Procedure Code 2015, regulations on involved parties in civil cases are as follows:

- The involved parties in civil lawsuits are agencies, organizations and individuals, including the plaintiffs, the defendants and the persons with related interests and obligations.

The involved parties in civil matters are agencies, organizations and individuals, including the persons petitioning settlement of civil matters and persons with related interests and obligations.

- The litigator in a civil lawsuit is the person that initiates lawsuit or the person for whom the other agencies, organizations and individuals prescribed by the Civil Procedure Code 2015 initiates the lawsuit to request the Court to resolve the civil lawsuit when he/she holds that the legitimate rights and interests of that person have been infringed upon.

Agencies and organizations prescribed by this Code, which initiate civil lawsuits to request Courts to protect the public interests, the State's interests in the domains under their respective charges are also plaintiffs.

- The defendant in a civil lawsuit is the person against whom the plaintiff initiates a lawsuit or the other agencies, organizations and individuals prescribed by the Civil Procedure Code 2015 initiates a lawsuit to request the Court to resolve the civil lawsuit when they holds that the legitimate rights and interests of the plaintiff have been infringed upon by such person.

- The persons with related interests and/or obligations in civil lawsuits are those who neither initiate lawsuits nor are sued, but the resolution of the civil lawsuits is related to their interests and/or obligations and, therefore they themselves, or other involved parties, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by courts.

 Where the resolution of a civil lawsuit is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

- The persons petitioning the resolution of civil matters are those who petition the Court to or not to recognize a legal event to form the basis for the arising of rights and/or obligations relating to civil issues, marriage and family, business, trade and labor of themselves or of other agencies, organizations and individuals; and/or petition the Court to recognize their rights and/or obligations relating to civil issues, marriage and family, business, trade, labor.

- The persons with related interests and/or obligations in civil matters are those who do not petition the resolution of civil matters, but the resolution of the civil matters is related to their interests and/or obligations and, therefore they themselves, or other involved parties in the civil matters, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by the Courts.

Where the resolution of a civil matter is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

2. The involved parties' civil procedure law capacity and civil procedure act capacity in Vietnam

The involved parties' civil procedure law capacity and civil procedure act capacity in Vietnam according to Article 69 of the Civil Procedure Code 2015 are as follows:

- The civil procedure law capacity means the capability to have the law-prescribed rights and obligations in civil procedures. Every agencies, organizations and individuals shall have the same civil procedure law capacity in petitioning the Court to protect his/her/its legitimate rights and interests.

- The civil procedure act capacity means the ability to exercise one's own rights and obligations by him/herself in civil procedures or authorize his/her representative to participate in civil procedures.

- The involved parties being persons aged full 18 years or older shall have full civil procedure act capacity, except for legally incapacitated person or except otherwise provided for by law.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act capacity shall be determined according to the decision of the Court.

- The involved parties being persons aged under 6 years or persons losing their civil act capacity shall not have the civil procedure act capacity. The exercise of the civil proceeding rights and/or obligations of such persons, the protection of the legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

- For the involved parties being persons aged between full 6 and under 15 years, the protection of their civil proceeding rights and/or obligations and the protection of legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act rights and/or obligations and the protection of their legitimate rights and interests shall be determined according to the decision of the Court.

- The involved parties being persons aged between full 15 years and under 18 years, who have worked under labor contracts or involved in civil transactions with their own properties shall have the right to participate in civil procedures themselves regarding matters related to such labor or civil relations.

In such cases, the Court shall have the right to summon their lawful representatives to participate in the procedures. For other matters, the exercise of the civil proceeding rights and/or obligations of such persons at Courts shall be performed by their lawful representatives.

- The involved parties being agencies, organizations shall participate in civil procedures through their lawful representatives.

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