CIVIL PROCEEDINGS CODE TABLE OF CONTENTS

PART I............................................................................................................................................................................. 1 GENERAL PROVISIONS............................................................................................................................................. 1 CHAPTER I ................................................................................................................................................................ 1 DUTIES AND EFFECTIVENESS OF THE CODE ON CIVIL PROCEEDINGS ....................................................................... 1
Article 1 Article 2 Governing scope and duties of the Code on Civil Proceedings..............................................................1 Effectiveness of the Code on Civil Proceedings .......................................................................................1

CHAPTER II ............................................................................................................................................................... 2 BASIC PRINCIPLES ....................................................................................................................................................... 2

Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Observance of the socialist legislation in civil proceedings.....................................................................2 Right to petition the court to protect lawful rights and interests ..............................................................2 Right of concerned parties to decide and to dispose ...............................................................................2 Providing evidence and proof in civil proceedings....................................................................................2 Responsibility of competent organizations, bodies and individuals to provide evidence ....................3 Equal rights and obligations in civil proceedings ......................................................................................3 Ensuring rights of concerned parties to protect [their own rights and interests]...................................3 Conciliation in civil proceedings .............................................................................................................3 People's jurors participating in trials of civil cases...............................................................................3 Judges and people's jurors are independent and subject only to law ..............................................3 Responsibilities of bodies and persons conducting civil proceedings ..............................................3 Courts to act collectively when hearing cases .....................................................................................4 Open hearing ............................................................................................................................................4 Ensuring objectiveness of persons conducting or participating in civil proceedings ......................4 Implementation of the two-level adjudication regime ..........................................................................4 Supervising adjudicatory role .................................................................................................................4 Ensuring validity of judgments and decisions of the Courts...............................................................5 Spoken and written language used in civil proceedings.....................................................................5 Supervision of the observance of law in civil proceedings .................................................................5 Responsibility of Courts to serve documents and papers ..................................................................5 Participation of individuals, bodies and organizations in civil proceedings ......................................5 Ensuring the right to lodge complaints and denunciations in relation to civil proceedings ............5

CHAPTER III.............................................................................................................................................................. 6 JURISDICTION OF THE COURT ..................................................................................................................................... 6 SECTION 1 ........................................................................................................................................................... 6 Civil affairs Which Fall under the Jurisdiction of the Court............................................................................. 6
Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Civil disputes which fall under the jurisdiction of the Court ................................................................6 Civil petitions which fall under the jurisdiction of the court .................................................................6 Marriage and family disputes which fall under the jurisdiction of the Court .....................................7 Petitions relating to marriage and family which fall under the jurisdiction of the Court ..................7 Business or commercial disputes which fall under the jurisdiction of the Court..............................7 Petitions relating to business or commerce which fall under the jurisdiction of the Court .............8 Labour disputes which fall under the jurisdiction of the Court ...........................................................8 Labour petitions which fall under the jurisdiction of the Court ...........................................................9

SECTION 2 ........................................................................................................................................................... 9 Jurisdiction of Courts at All Levels..................................................................................................................... 9

Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Jurisdiction of people's Courts of districts, towns and provincial cities.............................................9 Jurisdictions of people's Courts of provinces and cities under central authority ...........................10 Jurisdiction of Courts by territories ......................................................................................................10 Jurisdictions of Courts as selected by the plaintiff or petitioner.......................................................12 Transfer of civil affairs to another court; resolution of disputes about jurisdiction.........................13 Merger or division of cases...................................................................................................................13
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CHAPTER IV ........................................................................................................................................................... 14 BODIES CONDUCTING PROCEEDINGS, PERSONS CONDUCTING PROCEEDINGS AND REPLACEMENT OF PERSONS CONDUCTING PROCEEDINGS .................................................................................................................................... 14
Article 39 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 50 Article 51 Bodies conducting proceedings and persons conducting proceedings..........................................14 Duties and powers of chief justices .....................................................................................................14 Duties and powers of judges ................................................................................................................15 Duties and powers of people's jurors ..................................................................................................15 Duties and powers of court clerks........................................................................................................15 Duties and powers of chief prosecutors..............................................................................................15 Duties and powers of prosecutors .......................................................................................................16 Circumstances in which persons conducting proceedings must decline from participating in a trial or be replaced .................................................................................................................................16 Replacement of judges and people's jurors .......................................................................................17 Replacement of prosecutors.................................................................................................................17 Replacement of court clerks .................................................................................................................17 Procedure for refusal to conduct proceedings or request for replacement of persons conducting proceedings.............................................................................................................................................17 Decisions to replace persons conducting proceedings.....................................................................17

CHAPTER V............................................................................................................................................................. 18 COMPOSITION [OF COUNCILS OF ADJUDICATORS] RESOLVING CIVIL AFFAIRS ....................................................... 18
Article 52 Article 53 Article 54 Article 55 Composition of a council of adjudicators with first instance jurisdiction for civil cases ................18 Composition of a council of adjudicators with appellate jurisdiction for civil cases.......................18 Composition of a council of adjudicators for a judicial review or a retrial......................................18 Composition [of councils of adjudicators] resolving civil matters.....................................................19

CHAPTER VI ........................................................................................................................................................... 19 PERSONS PARTICIPATING IN PROCEEDINGS ............................................................................................................ 19 SECTION 1 ......................................................................................................................................................... 19 Parties in Civil Cases......................................................................................................................................... 19
Article 56 Article 57 Article 58 Article 59 Article 60 Article 61 Article 62 Parties in civil cases...............................................................................................................................19 Legal capacity for civil proceedings and capacity for acts in civil proceedings of litigants ........20 Rights and obligations of litigants ........................................................................................................20 Rights and obligations of plaintiffs .......................................................................................................21 Rights and obligations of defendants ..................................................................................................22 Rights and obligations of persons with related rights and obligations ............................................22 Bequeathing rights and obligations to litigate.....................................................................................22

SECTION 2 ......................................................................................................................................................... 23 Other Parties to Litigation ................................................................................................................................. 23

Article 63 Article 64 Article 65 Article 66 Article 67 Article 68 Article 69 Article 70 Article 71 Article 72 Article 73 Article 74 Article 75 Article 76 Article 77 Article 78 Person protecting the lawful rights and interests of litigants ............................................................23 Persons protecting the lawful rights and obligations of litigants shall be entitled and obliged: ...23 Witnesses................................................................................................................................................24 Witnesses shall be entitled and obliged:.............................................................................................24 Experts.....................................................................................................................................................25 Rights and obligations of experts.........................................................................................................25 Interpreters..............................................................................................................................................26 Rights and obligations of interpreters..................................................................................................26 Procedures for refusal to examine or interpret or requests for replacement of experts or interpreters ..............................................................................................................................................27 Decisions to replace experts or interpreters.......................................................................................27 Representatives......................................................................................................................................27 Rights and obligations of representatives...........................................................................................27 Persons who shall not be permitted to act as a representative .......................................................28 Appointment of representatives in civil proceedings .........................................................................28 Termination of representation in civil proceedings ............................................................................28 Effects of termination of representation in civil proceedings............................................................28

CHAPTER VII .......................................................................................................................................................... 28 SUBSTANTIATION AND EVIDENCE .............................................................................................................................. 28

Article 79 Obligation to substantiate......................................................................................................................28
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Article 80 Article 81 Article 82 Article 83 Article 84 Article 85 Article 86 Article 87 Article 88 Article 89 Article 90 Article 91 Article 92 Article 93 Article 94 Article 95 Article 96 Article 97 Article 98

Facts and events not required to be proven.......................................................................................29 Evidence..................................................................................................................................................29 Sources of evidence ..............................................................................................................................29 Identifying evidence ...............................................................................................................................30 Delivery of evidence...............................................................................................................................30 Gathering of evidence ...........................................................................................................................31 Taking statement of evidence from the concerned parties ..............................................................31 Taking testimonies of witnesses ..........................................................................................................32 Cross-examination [literally confrontation]..........................................................................................32 Inspection and evaluation on-the-spot ................................................................................................32 Seeking the opinion of an expert .........................................................................................................32 Seeking the opinion of an expert on evidence which is denounced as false evidence................33 Valuation of assets.................................................................................................................................33 Delegation [of power] to adduce evidence ........................................................................................33 Requesting individuals, bodies and organizations to provide evidence .........................................34 Preservation of evidence.......................................................................................................................34 Evaluation of evidence ..........................................................................................................................34 Disclosing and using evidence .............................................................................................................35 Protecting evidence ...............................................................................................................................35

CHAPTER VIII ......................................................................................................................................................... 35 PRELIMINARY INJUNCTIVE RELIEF............................................................................................................................. 35

Article 99 Article 100 Article 101 Article 102 Article 103 Article 104 Article 105 Article 106 Article 107 Article 108 Article 109 Article 110 Article 111 Article 112 Article 113 Article 114 Article 115 Article 116 Article 117 Article 118 Article 119 Article 120 Article 121 Article 122 Article 123 Article 124 Article 125 Article 126 Right to petition for the application of preliminary injunctive relief ..................................................35 Powers to decide on the application, change or cancellation of preliminary injunctive relief measures.................................................................................................................................................36 Responsibilities for application of improper preliminary injunctive relief measures.....................36 Preliminary injunctive relief measures [shall consist of]....................................................................36 Assigning minors to individuals or organizations to look after, nurture, take care of, educate [the minors] .....................................................................................................................................................37 Compelling performance in advance of part of the obligation to support .......................................37 Compelling performance in advance of part of the obligation to pay compensation for damage caused by harm to health or life ...........................................................................................................37 Compelling an employer to pay in advance salaries, wages, compensation or subsidies for labour-related accidents or occupational disease to employees.....................................................37 Temporarily suspending implementation of a decision on dismissal of an employee.................37 Attaching property in dispute ................................................................................................................37 Prohibiting transfers of property rights with respect to property in dispute ....................................38 Prohibiting changes in the status quo of property in dispute ...........................................................38 Permitting harvest and sales of subsidiary food crops or other products or commodities...........38 Freezing accounts at banks, other credit institutions and the State Treasury...............................38 Freezing property at places of bailment..............................................................................................38 Freezing property of obligors................................................................................................................38 Prohibiting or compelling performance of certain acts ......................................................................38 Application of other preliminary injunctive relief measures ..............................................................38 Proceedings for application of preliminary injunctive relief ..............................................................39 Petitions for preliminary injunctive relief by bodies or organizations which initiate a legal action to protect rights and interests of others...............................................................................................39 Courts may on their own initiative issue decisions to grant preliminary injunctive relief ..............40 Compulsory provision of security .........................................................................................................40 Changing or granting additional preliminary injunctive relief............................................................40 Cancellation of preliminary injunctive relief measures ......................................................................40 Effect of decisions to grant, change or cancel preliminary injunctive relief measures ................41 Complaints or petitions against decisions to grant, change or cancel or refuse to grant, change or cancel preliminary injunctive relief measures ................................................................................41 Resolving complaints and petitions against decisions to grant, change or cancel or refuse to grant, change or cancel preliminary injunctive relief measures.......................................................41 Executing decisions to grant, change or cancel preliminary injunctive relief measures ..............41

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CHAPTER IX ........................................................................................................................................................... 42 COURT FEES, CHARGES AND OTHER JUDICIAL EXPENSES ..................................................................................... 42 SECTION 1 ......................................................................................................................................................... 42 Court Fees and Charges................................................................................................................................... 42
Article 127 Article 128 Article 129 Article 130 Article 131 Article 132 Article 133 Article 134 Court fee deposits, charge deposits, court fees and charges..........................................................42 Dealing with court fee deposits, charge deposits and paid court fees and charges.....................42 Regime of collection and payment of court fee deposits, charge deposits, court fees and charges ....................................................................................................................................................42 Obligation to pay court fee deposits and charge deposits................................................................42 Obligation to pay court fees for first instance hearings.....................................................................43 Obligation to pay court fees for appeal hearings ...............................................................................43 Obligation to pay charges .....................................................................................................................43 Specific provisions on court fees and charges...................................................................................44

SECTION 2 ......................................................................................................................................................... 44 Other Expenses for Proceedings..................................................................................................................... 44

Article 135 Article 136 Article 137 Article 138 Article 139 Article 140 Article 141 Article 142 Article 143 Article 144 Article 145 Deposits for expenses of examination and expenses of examination............................................44 Obligation to pay deposits for expenses of examination ..................................................................44 Dealing with paid deposits for expenses of examination..................................................................44 Obligation to pay expenses of examination........................................................................................44 Deposits for expenses of valuation and expenses of valuation.......................................................45 Obligation to pay deposits for expenses of valuation........................................................................45 Dealing with paid deposits for expenses of valuation .......................................................................45 Obligation to pay expenses of valuation .............................................................................................45 Expenses for witnesses.........................................................................................................................46 Expenses for interpreters and lawyers................................................................................................46 Specific provisions on other expenses for proceedings....................................................................46

CHAPTER X............................................................................................................................................................. 46 ISSUANCE, SERVICE AND NOTIFICATION OF LEGAL PROCESS ................................................................................. 46

Article 146 Article 147 Article 148 Article 149 Article 150 Article 151 Article 152 Article 153 Article 154 Article 155 Article 156 Obligation to issue, serve or notify legal process ..............................................................................46 Legal process to be issued, served or notified...................................................................................46 Persons carrying out the issuance, service or notification of legal process...................................47 Methods of issuing, serving or notifying legal process .....................................................................47 Legality of the issuance, service or notification of legal process.....................................................47 Procedures for issuance, service or direct notification .....................................................................48 Procedures for issuance, service or direct notification to individuals..............................................48 Procedures for direct issuance, service or notification to bodies and organizations ....................49 Procedures for public display ...............................................................................................................49 Procedures for notification on mass media ........................................................................................49 Notification of results of issuance, service or notification of legal process ....................................50

CHAPTER XI ........................................................................................................................................................... 50 TIME-LIMITS FOR PROCEEDINGS ............................................................................................................................... 50

Article 157 Article 158 Article 159 Article 160 Time-limits for proceedings...................................................................................................................50 Application of the provisions of the Civil Code in relation to time-limits .........................................50 Time-limits for initiation of a legal action and time-limits for lodgement of a petition....................50 Application of the provisions of the Civil Code in relation to limitation periods..............................50

PART II.......................................................................................................................................................................... 51 RESOLUTION PROCEDURES FOR CASES AT THE COURT OF FIRST INSTANCE ................................. 51 CHAPTER XII .......................................................................................................................................................... 51 INITIATION OF LEGAL ACTIONS AND ACCEPTANCE OF JURISDICTION BY THE COURT ............................................. 51
Article 161 Article 162 Article 163 Article 164 Article 165 Right to initiate a legal proceeding.......................................................................................................51 Right to initiate a civil proceeding to protect the lawful rights and interests of another person, public interests and interests of the State...........................................................................................51 Scope of initiation of a legal proceeding .............................................................................................51 Form and contents of application for initiation of a legal proceeding..............................................51 Documents and evidence attached to applications for initiation of a legal action .........................52
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Article 166 Article 167 Article 168 Article 169 Article 170 Article 171 Article 172 Article 173 Article 174 Article 175 Article 176 Article 177 Article 178

Lodgement of applications for initiation of a legal action with the Court.........................................52 Procedures for receipt of applications for initiation of a legal action...............................................52 Returning applications for initiation of a legal action .........................................................................53 Request for amendments and additions to an application for initiation of a legal action .............53 Complaints and resolution of complaints regarding the return of an application for initiation of legal action ..............................................................................................................................................53 Acceptance of cases..............................................................................................................................54 Appointment of a judge to resolve a case...........................................................................................54 Duties and powers of a judge upon preparation of case files ..........................................................54 Notification of acceptance of a case....................................................................................................54 Rights and obligations of persons who are given notification ..........................................................55 Right of defendants to counter-claim...................................................................................................55 Right of persons with related rights and obligations to make an independent claim....................55 Procedures for counter-claims and independent claims...................................................................56

CHAPTER XIII ......................................................................................................................................................... 56 CONCILIATION AND PREPARATION FOR TRIAL .......................................................................................................... 56

Article 179 Article 180 Article 181 Article 182 Article 183 Article 184 Article 185 Article 186 Article 187 Article 188 Article 189 Article 190 Article 191 Article 192 Article 193 Article 194 Article 195 Time-limit of preparation for trial ..........................................................................................................56 Principles of conciliation ........................................................................................................................56 Civil cases in which conciliation is not allowed ..................................................................................57 Civil cases in which conciliation is unable to be carried out.............................................................57 Notification of a conciliation meeting ...................................................................................................57 Composition of a conciliation meeting.................................................................................................57 Contents of conciliation .........................................................................................................................57 Minutes of the conciliation.....................................................................................................................58 Issuing a decision acknowledging the settlement of parties ............................................................58 Legal effect of the decision acknowledging the agreement of the concerned parties..................58 Temporary suspension of a civil case [when] ....................................................................................59 Legal effect of the temporary suspension of a civil case ..................................................................59 Resumption of the resolution of temporarily suspended civil cases ...............................................59 Suspension of civil cases ......................................................................................................................59 Legal effect of the suspension of a civil case.....................................................................................60 Powers to issue decisions to temporarily suspend or suspend civil cases ....................................60 Decision to bring the case to a hearing...............................................................................................60

CHAPTER XIV......................................................................................................................................................... 61 COURT OF FIRST INSTANCE ...................................................................................................................................... 61 SECTION 1 ......................................................................................................................................................... 61 General Provisions on Court of First Instance ............................................................................................... 61
Article 196 Article 197 Article 198 Article 199 Article 200 Article 201 Article 202 Article 203 Article 204 Article 205 Article 206 Article 207 Article 208 Article 209 Article 210 Article 211 Article 212 General requirements for first instance hearings...............................................................................61 Continuous and direct, oral hearing.....................................................................................................61 Replacement of members of the Council of Adjudicators in special cases ...................................62 Presence of plaintiff at the trial .............................................................................................................62 Presence of defendants at the trial ......................................................................................................62 Presence of persons with related rights and obligations ..................................................................62 Hearing in absence of concerned parties at the trial.........................................................................63 Presence of persons protecting the lawful rights and interests of litigants ....................................63 Presence of witnesses...........................................................................................................................63 Presence of experts ...............................................................................................................................63 Presence of interpreters ........................................................................................................................63 Presence of prosecutors .......................................................................................................................63 Period of adjournment of a trial and decisions to adjourn a trial .....................................................64 Internal rules of the trial.........................................................................................................................64 Procedures for rendering of judgements and decisions of the Court in a trial...............................65 Trial transcript .........................................................................................................................................65 Preparation for opening of a trial..........................................................................................................65

SECTION 2 ......................................................................................................................................................... 66 Proceedings for Commencement of a Trial.................................................................................................... 66

Article 213 Opening of a trial ....................................................................................................................................66
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Article 214 Article 215 Article 216

Resolution of requests for replacement of persons conducting the proceedings, experts and interpreters ..............................................................................................................................................66 Consideration and decision on adjournment of a trial upon absence of persons .........................66 Guarantee of the objectiveness of witnesses.....................................................................................66

SECTION 3 ......................................................................................................................................................... 67 Procedures for Questioning in a Trial.............................................................................................................. 67

Article 217 Article 218 Article 219 Article 220 Article 221 Article 222 Article 223 Article 224 Article 225 Article 226 Article 227 Article 228 Article 229 Article 230 Article 231 Questioning concerned parties about change, supplement or withdrawal of claims....................67 Consideration of change, supplement and withdrawal of claims.....................................................67 Change in litigation status.....................................................................................................................67 Acknowledging the agreement of concerned parties ........................................................................67 Listening to the presentation of concerned parties............................................................................68 Order of questioning in the trial ............................................................................................................68 Questioning plaintiffs .............................................................................................................................68 Questioning defendants ........................................................................................................................69 Questioning persons with related rights and obligations ..................................................................69 Questioning witnesses...........................................................................................................................69 Disclosing documents of a case...........................................................................................................70 Hearing audio-tapes and discs and watching video tapes and discs .............................................70 Examination of physical evidence........................................................................................................70 Questioning experts ...............................................................................................................................70 Completion of the questioning session in the trial .............................................................................71

SECTION 4 ......................................................................................................................................................... 71 Argument in a Trial............................................................................................................................................. 71

Article 232 Article 233 Article 234 Article 235 Order for presenting views upon argument ........................................................................................71 Presenting views upon argument and responses..............................................................................71 Presenting views of prosecutors ..........................................................................................................71 Resuming the questioning ....................................................................................................................72

SECTION 5 ......................................................................................................................................................... 72 Deliberation and Pronouncement of Judgements ......................................................................................... 72

Article 236 Article 237 Article 238 Article 239 Article 240 Article 241 Deliberation .............................................................................................................................................72 Resuming the questioning and argument ...........................................................................................72 First instance judgements .....................................................................................................................72 Pronouncement of judgements ............................................................................................................73 Amendments of and additions to a judgment.....................................................................................73 Provision of excerpts of judgements and judgements ......................................................................74

PART III......................................................................................................................................................................... 74 RESOLUTION PROCEDURES FOR CASES AT THE APPELLATE COURT ................................................. 74 CHAPTER XV.......................................................................................................................................................... 74 NATURE OF APPEAL HEARINGS AND APPEALS AND PROTESTS AGAINST JUDGEMENTS OR DECISIONS OF THE COURT OF FIRST INSTANCE ...................................................................................................................................... 74
Article 242 Article 243 Article 244 Article 245 Article 246 Article 247 Article 248 Article 249 Article 250 Article 251 Article 252 Article 253 Article 254 Article 255 Article 256 Nature of appeal hearing.......................................................................................................................74 Persons having the right to appeal ......................................................................................................74 Applications for appeal ..........................................................................................................................74 Time-limit for lodging an appeal ...........................................................................................................75 Verification of appeal applications .......................................................................................................75 Overdue appeals ....................................................................................................................................75 Notices of payment of a court fee deposit for appeal hearings .......................................................75 Notice of appeal......................................................................................................................................76 Protest of the inspectorate ....................................................................................................................76 Decisions on protest of the inspectorate.............................................................................................76 Time-limit for lodging a protest .............................................................................................................77 Notice of protest .....................................................................................................................................77 Effects of an appeal or protest .............................................................................................................77 Forwarding case files and appeals or protests ..................................................................................77 Change or addition or withdrawal of an appeal or protest................................................................77
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CHAPTER XVI......................................................................................................................................................... 78 PREPARATION FOR AN APPEAL HEARING ................................................................................................................. 78

Article 257 Article 258 Article 259 Article 260 Article 261 Article 262 Acceptance of a case for appeal hearing ...........................................................................................78 Time-limit of preparation for an appeal hearing .................................................................................78 Temporary suspension of the appeal hearing of a case...................................................................78 Suspension of the appeal hearing of a case ......................................................................................79 Decisions to apply, change or cancel preliminary injunctive relief measures................................79 Forwarding the case file to the inspectorate for study ......................................................................79

CHAPTER XVII........................................................................................................................................................ 79 APPEAL HEARING PROCEEDINGS ............................................................................................................................. 79

Article 263 Article 264 Article 265 Article 266 Article 267 Article 268 Article 269 Article 270 Article 271 Article 272 Article 273 Article 274 Article 275 Article 276 Article 277 Article 278 Article 279 Article 280 Article 281 Scope of a appeal hearing ....................................................................................................................79 Participants in an appeal hearing.........................................................................................................79 Temporary suspension or suspension of an appeal hearing at the trial.........................................80 Adjournment of an appeal hearing.......................................................................................................80 Preparation for opening of an appeal hearing and proceedings for commencement of an appeal hearing .....................................................................................................................................................80 Questioning in the hearing ....................................................................................................................80 Plaintiff withdrawing his or her application for a legal action prior to the commencement of the hearing or at the appeal hearing ..........................................................................................................80 Acknowledging the settlement by the parties in the appeal hearing...............................................81 Listening to presentation of concerned parties in the appeal hearing ............................................81 The procedures for questioning and disclosure of documents and examination of physical evidence in the appeal hearing ............................................................................................................82 Argument in the appeal hearing ...........................................................................................................82 Deliberation and pronouncement of a judgement..............................................................................82 Powers of the Council of Adjudicators with appellate jurisdiction ...................................................82 Varying a judgement of the Court of first instance ............................................................................82 Setting aside the judgment of the Court of first instance and transferring the case file to the court with original jurisdiction for a new trial.......................................................................................83 Setting aside the judgement of the Court of first instance and suspending the proceeding........83 Judgments of the appellate Court ........................................................................................................83 Appeal proceedings with respect to decisions of a Court of first instance which are appealed or protested against....................................................................................................................................84 Sending judgements and decisions of the appeal Court ..................................................................84

PART IV ........................................................................................................................................................................ 85 REVIEW OF LEGALLY ENFORCEABLE JUDGMENTS OR DECISIONS....................................................... 85 CHAPTER XVIII....................................................................................................................................................... 85 PROCEDURE FOR JUDICIAL REVIEW ......................................................................................................................... 85
Article 282 Article 283 Article 284 Article 285 Article 286 Article 287 Article 288 Article 289 Article 290 Article 291 Article 292 Article 293 Article 294 Article 295 Article 296 Article 297 Nature of the judicial review..................................................................................................................85 Grounds for protest on the basis of procedure for judicial review ...................................................85 Discovery of legally enforceable judgements and decisions which should be reviewed in accordance with the procedure for judicial review.............................................................................85 Persons who have the right to protest on the basis of procedure for judicial review....................85 Adjournment or temporary suspension of the execution of legally enforceable judgments or decisions..................................................................................................................................................86 Decisions on protest based on the procedure for judicial review ....................................................86 Time-limits for lodging a protest based on the procedure for judicial review.................................86 Change or addition or withdrawal of a protest based on the procedure for judicial review .........86 Sending a decision on protest based on the procedure for judicial review....................................87 Jurisdiction for judicial review ...............................................................................................................87 Participants in judicial review hearings ...............................................................................................87 Time-limit for conducting judicial review hearings .............................................................................87 Preparation for judicial review hearings ..............................................................................................87 Proceedings of judicial review hearings..............................................................................................88 Scope of judicial review.........................................................................................................................88 The power of the Council of Adjudicators for a judicial review ........................................................88
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Article 298 Article 299 Article 300 Article 301 Article 302 Article 303

Upholding the lawful judgement or decision of the lower court which has been cancelled or varied .......................................................................................................................................................89 Setting aside the legally enforceable judgment or decision which is being protested against for the purpose of conducting a new trial on the basis of original or appellate jurisdiction ...............89 Setting aside the legally enforceable judgment or decision and suspending proceeding............89 Judicial review decisions.......................................................................................................................89 Effectiveness of judicial review decisions ...........................................................................................90 Sending a judicial review decision .......................................................................................................90

CHAPTER XIX......................................................................................................................................................... 90 PROCEDURE FOR NEW TRIAL ................................................................................................................................... 90

Article 304 Article 305 Article 306 Article 307 Article 308 Article 309 Article 310 Nature of a new trial...............................................................................................................................90 Grounds for protest on the basis of a new trial procedure ...............................................................90 Notice and verification of fresh evidence ............................................................................................91 Persons who have the right to protest on the basis of a new trial...................................................91 Time-limits for lodging a protest based on the procedure for a new trial .......................................91 The power of the Council of Adjudicators for a new trial ..................................................................91 Application of provisions on procedure for a new trial ......................................................................92

PART V ......................................................................................................................................................................... 92 RESOLUTION PROCEDURE FOR CIVIL MATTERS .......................................................................................... 92 CHAPTER XX.......................................................................................................................................................... 92 GENERAL PROVISIONS ON RESOLUTION PROCEDURES FOR CIVIL MATTERS ......................................................... 92
Article 311 Scope of application...............................................................................................................................92 Article 312 Application to petition a Court to resolve a civil matter .....................................................................92 Article 313 Persons participating in meetings to resolve civil matters................................................................93 Article 314 Procedures for holding of meetings to resolve civil matters.............................................................93 Article 315 Decisions on resolution of civil matters ...............................................................................................94 Article 316 Appeals and protests against decisions on resolution of civil matters............................................94 Article 317 Time-limit for lodging an appeal or protest .........................................................................................94 Article 318 Appeal procedure for decisions on resolution of a civil matter which is being appealed or protested against ..............................................................................................................................................................95

CHAPTER XXI......................................................................................................................................................... 95 RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARING AN INDIVIDUAL AS HAVING LOST CAPACITY FOR CIVIL ACTS OR AS HAVING RESTRICTED CAPACITY FOR CIVIL ACTS ...................................................................... 95
Article 319 Article 320 Article 321 Article 322 Article 323 Petitions for petitions for declaring an individual as having lost capacity for civil acts or as having restricted capacity for civil acts................................................................................................95 Preparation of consideration of a petition ...........................................................................................95 Decisions to declare an individual as losing capacity for civil acts or as having restricted capacity for civil acts..............................................................................................................................96 Petitions for revocation of a decision to declare an individual as losing capacity for civil acts or as having restricted capacity for civil acts...........................................................................................96 Preparation of consideration of a petition and decisions of the Court ............................................96

CHAPTER XXII........................................................................................................................................................ 96 RESOLUTION PROCEDURES FOR PETITIONS FOR ORDER TO SEARCH FOR PERSONS WHO ARE ABSENT FROM THEIR PLACE OF RESIDENCE .................................................................................................................................... 96
Article 324 Article 325 Article 326 Article 327 Article 328 Article 329 Petitions for an order to search for a person who is absent from his or her place of residence .96 Preparation of consideration of a petition ...........................................................................................97 Decision to order search for a person who is absent from his or her place of residence ............97 Order to search for a person who is absent from his or her place of residence............................97 Announcement of orders to search for a person who is absent from his or her place of residence .................................................................................................................................................98 Effectiveness of a decision on order to search for a person who is absent from his or her place of residence.............................................................................................................................................98

CHAPTER XXIII....................................................................................................................................................... 98 RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARATION THAT PERSONS ARE MISSING............................ 98
Article 330 Petition for declaration that a person is missing ................................................................................98
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Article 331 Article 332 Article 333 Article 334

Preparation of consideration of a petition ...........................................................................................98 Decisions to declare that a person is missing ....................................................................................99 Petitions for revocation of decisions declaring that a person is missing ........................................99 Decisions on revocation of a decision declaring a person missing.................................................99

CHAPTER XXIV ...................................................................................................................................................... 99 RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARATION THAT PERSONS ARE DEAD ................................ 99
Article 335 Article 336 Article 337 Article 338 Article 339 Petition for declaration that a person is dead.....................................................................................99 Preparation of consideration of a petition .........................................................................................100 Decisions to declare that a person is dead.......................................................................................100 Petitions for revocation of decisions declaring that a person is dead...........................................100 Decisions on revocation of a decision declaring that a person is dead........................................100

CHAPTER XXV ..................................................................................................................................................... 101 RESOLUTION PROCEDURES FOR CIVIL MATTERS RELATING TO COMMERCIAL ARBITRATION OPERATIONS OF VIETNAM .................................................................................................................................................................. 101
Article 340 Article 341 Civil matters relating to commercial arbitration operations of Vietnam which fall under the jurisdiction of Courts ............................................................................................................................101 Resolution procedures.........................................................................................................................101

PART VI ...................................................................................................................................................................... 101 PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF CIVIL JUDGEMENTS AND DECISIONS OF FOREIGN COURTS AND FOREIGN ARBITRATION AWARDS .............................. 101 CHAPTER XXVI .................................................................................................................................................... 101 GENERAL PROVISIONS ON PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF CIVIL JUDGEMENTS AND DECISIONS OF FOREIGN COURTS AND FOREIGN ARBITRATION AWARDS ............................... 101
Article 342 Article 343 Article 344 Article 345 Article 346 Article 347 Article 348 Article 349 Civil judgements and decisions of foreign courts and foreign arbitration awards .......................101 Principles of recognition and enforcement of civil judgements and decisions of foreign courts and foreign arbitration awards ............................................................................................................102 Right to lodge petitions for recognition and enforcement of civil judgements and decisions of foreign courts and foreign arbitration awards...................................................................................102 Right of appeal and protest.................................................................................................................102 Enforceability of Vietnamese courts decision to recognize or not to recognize civil judgements and decisions of foreign courts or foreign arbitration awards ........................................................103 Notification of results of consideration of petitions ..........................................................................103 Guarantee of the right to transfer monies and assets in enforcement of civil judgements and decisions of foreign courts or foreign arbitration awards ................................................................103 Fees for recognition and enforcement of civil judgements and decisions of foreign courts or foreign arbitration awards....................................................................................................................103

CHAPTER XXVII ................................................................................................................................................... 103 PROCEDURES FOR CONSIDERATION OF PETITIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF CIVIL JUDGEMENTS AND DECISIONS OF FOREIGN COURTS ............................................................................................ 103
Article 350 Article 351 Article 352 Article 353 Article 354 Article 355 Article 356 Article 357 Article 358 Article 359 Petitions for recognition and enforcement ........................................................................................103 Papers and documents attached to petitions ...................................................................................104 Transfer of documents to courts ........................................................................................................104 Receipt of files and request for clarification......................................................................................104 Preparation for consideration of petitions .........................................................................................105 Court Meetings .....................................................................................................................................105 Civil judgements and decisions of foreign courts which are not recognized and enforced in Vietnam..................................................................................................................................................106 Sending court's decision .....................................................................................................................106 Appeals and protests ...........................................................................................................................106 Consideration of appeals and protests..............................................................................................107

CHAPTER XXVIII .................................................................................................................................................. 107 PROCEDURES FOR CONSIDERATION OF PETITIONS FOR [DECISIONS] NOT TO RECOGNIZE CIVIL JUDGEMENTS AND DECISIONS OF FOREIGN COURTS FOR WHICH NO PETITION FOR ENFORCEMENT IN VIETNAM IS MADE .............. 107
Article 360 Article 361 Time-limits for lodgement of petitions for [a decision] not to recognize........................................107 Petitions for [a decision] not to recognize .........................................................................................108
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Article 362 Article 363

Consideration of petitions for [a decision] not to recognize............................................................108 Sending Court's decision and appeals and protests .......................................................................108

CHAPTER XXIX .................................................................................................................................................... 109 PROCEDURES FOR CONSIDERATIONS OF PETITIONS FOR RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRATION AWARDS IN VIETNAM ........................................................................................................................ 109
Article 364 Article 365 Article 366 Article 367 Article 368 Article 369 Article 370 Article 371 Article 372 Article 373 Article 374 Petitions for recognition and enforcement of foreign arbitration awards in Vietnam ..................109 Papers and documents attached to petitions ..................................................................................109 Transfer of documents to courts ........................................................................................................109 Receipt of files ......................................................................................................................................110 Preparation for consideration of petitions .........................................................................................110 Court Meetings .....................................................................................................................................110 Cases [where foreign arbitration awards] are not recognized .......................................................111 Sending court's decision .....................................................................................................................112 Appeals and protests ...........................................................................................................................112 Consideration of appeals and protests..............................................................................................112 Dismissal of decisions on recognition and enforcement.................................................................113

PART VII ..................................................................................................................................................................... 113 EXECUTION OF CIVIL JUDGEMENTS AND DECISIONS OF THE COURT................................................. 113 CHAPTER XXX ..................................................................................................................................................... 113 GENERAL PROVISIONS ON EXECUTION OF JUDGEMENTS AND DECISIONS OF THE COURT .................................. 113
Article 375 Article 376 Article 377 Article 378 Article 379 Judgements and decisions of the Court to be executed.................................................................113 Grounds for bringing a judgement or decision of the Court into execution ..................................114 Right to petition the execution of a judgement or decision of the Court .......................................114 Responsibilities of individuals, bodies or organizations for execution of judgements and decisions of the Court..........................................................................................................................114 Supervision of execution of judgements and decisions of the Court ............................................115

CHAPTER XXXI .................................................................................................................................................... 115 PROCEDURES FOR EXECUTION OF JUDGEMENTS AND DECISIONS OF THE COURT .............................................. 115
Article 380 Article 381 Article 382 Article 383 Issuance of a judgement or decision of the Court ...........................................................................115 Time-limit for forwarding a judgement or decision of the Court .....................................................115 Clarification of a judgement or decision of the Court ......................................................................115 Time-limit for petitioning the execution of a judgement or decision of the Court ........................116

PART VIII .................................................................................................................................................................... 116 DEALING WITH ACTS OF OBSTRUCTING CIVIL LITIGATORY ACTIVITIES; COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEEDINGS ...................................................................................................... 116 CHAPTER XXXII ................................................................................................................................................... 116 DEALING WITH ACTS OF OBSTRUCTING CIVIL LITIGATORY ACTIVITIES ................................................................. 116
Article 384 Article 385 Article 386 Article 387 Article 388 Article 389 Article 390 Measures to deal with defendants and persons with related rights and obligations...................116 Measures to deal with individuals performing acts to obstruct the verification or collection of evidence by persons conducting proceedings .................................................................................117 Measures to dealt with witnesses who have been summonsed by the Court but are intentionally absent ....................................................................................................................................................117 Measures dealing with persons who violate court rules .................................................................118 Responsibilities of the inspectorate in the case where the Court institutes a criminal case......118 Measures to deal with individuals, bodies and organizations which fail to execute decisions of the Court on provision of evidence to the Court ..............................................................................118 Procedures, powers to fine and levels of fines ................................................................................118

CHAPTER XXXIII .................................................................................................................................................. 118 COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEEDINGS .................................................................................. 118
Article 391 Article 392 Article 393 Article 394 Decisions and acts in civil proceedings which may be complained against ................................118 Rights and obligations of complainants.............................................................................................119 Rights and obligations of persons who are being complained against.........................................119 Time-limit for lodging a complaint ......................................................................................................120
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Article 395 Article 396 Article 397 Article 398 Article 399 Article 400 Article 401 Article 402 Article 403 Article 404

Powers and time-limits for resolution of complaints against prosecutors, deputy directors and directors of inspectorates ....................................................................................................................120 Powers and time-limits for resolution of complaints against court clerks, people's jurors, judges, deputy chief justices and chief justices .............................................................................................120 Powers and time-limits for resolution of complaints against experts ............................................120 Persons having the right to lodge a denunciation............................................................................121 Rights and obligations of denunciators .............................................................................................121 Rights and obligations of persons who are being denounced .......................................................121 Powers and time-limit for resolution of denunciations.....................................................................122 Resolution procedures for complaints and denunciations..............................................................122 Responsibilities of persons authorized to resolve complaints and denunciations ......................122 Inspection of the observance of the law in resolution of complaints and denunciations in civil proceedings...........................................................................................................................................122

PART IX ...................................................................................................................................................................... 123 RESOLUTION PROCEDURES FOR CIVIL AFFAIRS INVOLVING FOREIGN ELEMENTS AND JUDICIAL CO-ASSISTANCE IN RELATION TO CIVIL PROCEEDINGS....................................................... 123 CHAPTER XXXIV ................................................................................................................................................. 123 GENERAL PROVISIONS ON RESOLUTION PROCEDURES FOR CIVIL AFFAIRS INVOLVING FOREIGN ELEMENTS .... 123
Article 405 Article 406 Article 407 Article 408 Article 409 Applicable principles ............................................................................................................................123 Litigatory rights and obligations of foreign individuals, bodies and organizations ......................123 Civil litigatory capacity and capacity for civil litigatory acts of a foreign citizen or person without nationality ..............................................................................................................................................123 Civil litigatory capacity of foreign bodies and organizations and international organizations in relation to civil proceedings ................................................................................................................124 Protection of lawful rights and interests of concerned parties being foreign individuals, bodies and organizations .................................................................................................................................124

CHAPTER XXXV................................................................................................................................................... 124 JURISDICTION OF VIETNAMESE COURTS TO RESOLVE CIVIL AFFAIRS INVOLVING FOREIGN ELEMENTS .............. 124
Article 410 Article 411 Article 412 Article 413 General provisions on jurisdiction of Vietnamese courts to resolve civil affairs involving foreign elements ................................................................................................................................................124 Exclusive jurisdiction of the Vietnamese courts...............................................................................125 No change of the jurisdiction of the Court.........................................................................................126 Returning applications for a legal action or petition or suspending a civil affair in the case where a foreign court has resolved such civil affair ....................................................................................126

CHAPTER XXXVI ................................................................................................................................................. 126 LEGAL ASSISTANCE IN CIVIL PROCEEDINGS .......................................................................................................... 126
Article 414 Article 415 Article 416 Article 417 Article 418 Principles of legal assistance in civil proceedings ...........................................................................126 Performance of judicial authorization ................................................................................................126 Procedures for performance of judicial authorization......................................................................127 Written judicial authorization...............................................................................................................127 Recognition of papers and documents prepared, issued or authenticated by authenticated by foreign competent bodies....................................................................................................................127

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xi

NATIONAL ASSEMBLY No. 24-2004-QH11

SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

National Assembly of the Socialist Republic of Vietnam Legislature XI, 5th Session (From 11 May to 15 June 2004)

CIVIL PROCEEDINGS CODE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51-2001QH10 of Legislature X of the National Assembly dated 25 December 2001, in its 10th Session; This Code provides the order and procedures for resolution of civil affairs and execution of civil judgements.

PART I General Provisions

CHAPTER I Duties and Effectiveness of the Code on Civil Proceedings Article 1 Governing scope and duties of the Code on Civil Proceedings

The Code on Civil Proceedings shall provide basic principles of civil proceedings; the order and procedures for initiation of a legal action to enable courts to resolve cases in relation to civil, marriage and family, business, commercial or labour disputes (hereinafter referred collectively to as civil cases) and order and procedures for petitions to enable courts to resolve matters in relation to civil, marriage and family, business, commercial or labour petitions (hereinafter referred collectively to as civil matters); order and procedures for resolution of civil cases and civil matters (hereinafter referred collectively to as civil affairs) at courts; execution of civil judgements; duties, powers and responsibilities of bodies conducting proceedings or persons conducting proceedings; rights and obligations of persons participating in proceedings, of individuals, State bodies, units of people's armed forces, economic organizations, political organizations, socio-political organizations, occupational and socio-political organizations, social organizations and sociooccupational organizations (hereinafter referred collectively to as bodies and organizations) concerned in order to ensure that civil affairs shall be resolved rapidly, accurately and fairly in accordance with law. The Code on Civil Proceedings takes part in protection of the socialist regime and strengthening of the socialist legislation, and protection of the interests of the State, and the lawful rights and interests of individuals, bodies and organizations; educates people on strict observance of law. Article 2 1. Effectiveness of the Code on Civil Proceedings

The Code on Civil Proceedings applies to all civil proceedings throughout the territory of the Socialist Republic of Vietnam. The Code on Civil Proceedings applies to all civil proceedings conducted by consular offices of Vietnam abroad.
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2.

3.

The Code on Civil Proceedings applies to the resolution of civil affairs involving foreign elements; where an international treaty which the Socialist Republic of Vietnam has signed or acceded to contains other provisions [which conflict with this Code], the provisions of such international treaty shall prevail. With respect to foreign organizations, bodies and individuals entitled to diplomatic immunities and privileges or consular immunities and privileges in accordance with law or international treaties which the Socialist Republic of Vietnam has signed or acceded to, civil affairs relating to such organizations, bodies and individuals shall be settled via diplomatic channels.

4.

CHAPTER II Basic Principles Article 3 Observance of the socialist legislation in civil proceedings

All civil proceedings performed by persons conducting proceedings, persons participating in proceedings and by organizations, bodies and individuals concerned must comply with the provisions of this Code. Article 4 Right to petition the court to protect lawful rights and interests

Individuals, bodies and organizations specified by this Code shall have the right to initiate a civil case and to lodge a petition for resolution of a civil matter with the Court with the appropriate jurisdiction aimed at petitioning such Court to protect their lawful rights and interests or the lawful rights and interests of other persons. Article 5 1. Right of concerned parties to decide and to dispose

A litigant shall have the right to decide whether or not a legal action is initiated and to petition the Court with the appropriate jurisdiction to resolve a civil affair. The Court shall only accept and resolve a civil affair upon an application or petition lodged by a litigant and only to the extent of such application or petition. During resolution of a civil affair, the parties concerned shall have the right to terminate or change their petitions or voluntarily reach an agreement with each other provided that [their agreement] is not contrary to law and social morality. Providing evidence and proof in civil proceedings

2.

Article 6 1.

Concerned parties shall have the right and obligation to provide evidence to the court and to substantiate that their claim is well grounded and lawful. Any individual, body or organization initiating a legal action or petitioning for protection of lawful rights and interests of other persons shall have the right and obligation to provide evidence and to substantiate the same as a concerned party.

2.

The Court shall only verify and gather evidence in the circumstances specified by this Code.

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Article 7

Responsibility of competent organizations, bodies and individuals to provide evidence

Individuals, bodies and organizations shall, depending on their duties and powers, be responsible for providing fully a concerned party and the Court with evidence relating to the case kept or controlled by such individuals, bodies and organizations at the request of the concerned party or the Court; and in a case where the request for provision of evidence is refused, shall notify the concerned party or Court in writing of the reasons therefor. Article 8 Equal rights and obligations in civil proceedings

All citizens are equal before the law and the court without any discrimination on the basis of ethnicity, gender, social class, belief, religion, educational level and occupation. All bodies and organizations are equal irrespective of their form of organization, form of ownership and other matters. All concerned parties are equal in terms of rights and obligations in civil proceedings. The Court shall be responsible for facilitating them to exercise their rights and to perform their obligations. Article 9 Ensuring rights of concerned parties to protect [their own rights and interests]

A litigant shall have the right to himself protect or engage a lawyer, or other persons who satisfy all conditions stipulated by this Code to protect their lawful rights and interests. The court shall have the responsibility to ensure litigants may exercise their right to protect [their own rights and interests]. Article 10 Conciliation in civil proceedings

The court shall have the responsibility to carry out conciliation and create favourable conditions for the concerned parties to agree amongst themselves on the resolution of civil affairs in accordance with this Code. Article 11 People's jurors participating in trials of civil cases

People's jurors shall participate in trials of civil cases in accordance with this Code. During trial, people's jurors have the same powers as judges. Article 12 Judges and people's jurors are independent and subject only to law

During trial of civil cases, judges and people's jurors shall be independent and shall only act in accordance with law. All acts obstructing judges and people's jurors from carrying out their duties shall be strictly prohibited. Article 13 1. Responsibilities of bodies and persons conducting civil proceedings

Bodies and persons conducting civil proceedings must respect the people and shall be subject to supervision by the people. Bodies and persons conducting civil proceedings shall be responsible before law for performing their duties and powers. Any person conducting proceedings who commits a breach of law shall, depending on the nature and seriousness of the breach, be subject to a disciplinary action or prosecution for criminal liability in accordance with law.
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2.

3.

Bodies and persons conducting civil proceedings must maintain State secrets or work-related secrets in accordance with law; keep national fine customs and morals, maintain occupational secrets, trade secrets and the privacy of litigants when litigants make legitimate requests. Where a person conducting civil proceedings commits a breach of the law causing any damage to an individual, body or organization, the Court must compensate the victim and such person conducting the civil proceedings shall be responsible for paying compensation to the Court in accordance with law. Courts to act collectively when hearing cases

4.

Article 14

The Court shall act collectively when hearing civil cases and make decisions on a majority basis. Article 15 1. Open hearing

Civil cases shall be heard by the Court in public and all persons shall have the right to be present at the trial unless otherwise stipulated by this Code. In special cases where it is necessary to maintain State secrets or work-related secrets in accordance with the law; to keep national fine customs and morals, to maintain occupational secrets, trade secrets and privacy of individuals upon the legitimate request of concerned parties, the Court shall carry out closed hearings but must pronounce publicly its judgement. Ensuring objectiveness of persons conducting or participating in civil proceedings

2.

Article 16

Chief justices, judges, people's jurors, court clerks, chief prosecutors, prosecutors, interpreters and experts shall not be allowed to conduct or participate in proceedings if there are legitimate grounds to believe that they cannot be objective in performing their duties or exercising their powers. Article 17 1. Implementation of the two-level adjudication regime

Courts shall implement the two-level adjudication system. Judgments and decisions of first instance Courts may be appealed or protested against in accordance with this Code. Judgments and decisions of first instance Courts which have not been appealed or protested against in accordance with the appellate proceedings within the time-limit specified by this Code shall be legally enforceable; with respect to judgments and decisions of first instance Courts which have been appealed or protested against, the cases shall be conducted pursuant to the appellate proceedings. Judgments and decisions of appellate Courts shall be legally enforceable.

2.

A legally enforceable judgment or decision of a court shall be reviewed in accordance with the procedure for judicial review or new trial stipulated by this Code in the case where any serious breach of law or fresh evidence has been found. Supervising adjudicatory role

Article 18

The upper Court shall supervise the adjudicatory performance of the lower Courts. The Supreme People's Court shall supervise the adjudicatory performance of Courts at all levels in order to ensure the strict and consistent application of law.

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Article 19

Ensuring validity of judgments and decisions of the Courts

The judgments or decisions of Courts which have been legally enforceable must be executed and respected by all citizens, bodies and organizations. Individuals, bodies and organizations which are obliged to implement judgements and decisions of Courts must strictly abide by such judgements and decisions. People's courts and bodies or organizations which have been assigned with the task of executing the judgments and decisions of Courts shall, depending on their duties and powers, strictly implement and be responsible before law for the implementation of such task. Article 20 Spoken and written language used in civil proceedings

The written and spoken language used in civil proceedings shall be Vietnamese. Persons participating in civil proceedings shall have the right to use their native written and spoken language, in which case an interpreter shall be required. Article 21 1. Supervision of the observance of law in civil proceedings

The people's inspectorate shall supervise and control the observance of law in civil proceedings and exercise the right to request, to make recommendations or to protest in accordance with law in order to ensure that civil affairs shall be resolved in a timely manner in compliance with law. The people's inspectorate shall participate in trials in respect of cases in which evidence is collected by the Court but a concerned party has lodged a complaint, civil matters which fall under the jurisdiction of the Court and civil affairs for which the judgement or decision of the Court is protested by the inspectorate. Responsibility of Courts to serve documents and papers

2.

Article 22 1.

The Courts shall be responsible for serving directly or by post judgments, decisions, summons, invitations and other papers of the Courts relating to persons participating in civil proceedings in accordance with this Code. Where the Court is unable to do so directly or by post, the people's committee of a commune, ward or township (hereinafter referred to as the commune people's committee) in which the residence of the person participating in the civil proceedings is located or the body or organization for which the person participating in the civil proceedings works shall have the responsibility to deliver judgments, decisions, summons, invitations and other papers of the relevant Court to the persons participating in the civil proceedings upon the request of the Court and must notify the Court of the result of such delivery. Participation of individuals, bodies and organizations in civil proceedings

2.

Article 23

Individuals, bodies and organizations have the right and obligation to participate in civil proceedings, and to make their contribution to the timely and lawful resolution of civil affairs at the Courts. Article 24 Ensuring the right to lodge complaints and denunciations in relation to civil proceedings

Individuals, bodies and organizations shall have the right to lodge a complaint or denunciation regarding transgressions of law by any person conducting civil proceedings or by any individual, body or organization engaged in civil proceedings.
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The competent bodies, organizations or individuals must receive, consider and resolve in a timely manner complaints and denunciations in compliance with law; and notify in writing the outcome of the resolution to the complainant or person who has lodged the denunciation.

CHAPTER III Jurisdiction of the Court SECTION 1 Civil affairs Which Fall under the Jurisdiction of the Court Article 25 1. 2. 3. 4. Civil disputes which fall under the jurisdiction of the Court

Disputes among individuals relating to Vietnamese nationality. Disputes relating to property ownership. Disputes relating to civil contracts. Disputes relating to intellectual property rights or technology transfer, unless otherwise stipulated in clause 2 of article 29 of this Code. Disputes relating to property inheritance. Disputes relating to compensation for non-contractual damages. Disputes relating to the right to use land and property attached to land in accordance with the laws on land. Disputes relating to press activities in accordance with law. Other civil disputes stipulated by law. Civil petitions which fall under the jurisdiction of the court

5. 6. 7.

8. 9.

Article 26 1.

Petitions for declaration that a person has lost the capacity for civil acts or has restricted capacity for civil acts or for revocation of a decision declaring that a person has lost the capacity for civil acts or has restricted capacity for civil acts. Petitions for an order to search for a person who is absent from his or her place of residence and management of the property of such person. Petitions for declaration that a person is missing or for revocation of a decision declaring that a person is missing. Petitions for declaration that a person is dead or for revocation of a decision declaring that a person is dead. Petitions for recognition and enforcement in Vietnam of civil judgements and decisions, or decisions relating to property in criminal or administrative judgements and decisions of foreign courts or for [a
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2.

3.

4.

5.

decision] not to recognize civil judgements and decisions, decisions relating to property in criminal or administrative judgements and decisions of foreign courts for which no petition for enforcement in Vietnam is made. 6. Other civil petitions stipulated by law. Marriage and family disputes which fall under the jurisdiction of the Court

Article 27 1. 2.

Divorce and disputes relating to raising of children and distribution of property upon divorce. Disputes relating to distribution of joint ownership property of a husband and wife [formed] during the marriage period. Disputes relating to a change of the person directly raising children after divorce. Disputes relating to determination of a father or mother for a child or determination of a child for a father or mother. Disputes relating to support. Other marriage and family disputes stipulated by law. Petitions relating to marriage and family which fall under the jurisdiction of the Court

3. 4.

5. 6.

Article 28 1. 2.

Petitions for annulment of an illegal marriage. Petitions for recognition of divorce by consent, raising of children and distribution of property upon divorce. Petitions for recognition of an agreement on a change of the person directly raising children after divorce. Petitions for restriction of the right of a father or mother with respect to a minor child or of the right of such person to visit a child after divorce. Petitions for termination of child adoption. Petitions for recognition and enforcement in Vietnam of judgements and decisions of foreign courts relating to marriage and family or for [a decision] not to recognize judgements and decisions of foreign courts relating to marriage and family for which no petition for enforcement in Vietnam is made. Other petitions relating to marriage and family stipulated by law. Business or commercial disputes which fall under the jurisdiction of the Court

3.

4.

5. 6.

7.

Article 29 1.

Disputes arising from business or commercial activities among individuals or organizations with business registration and all of which are for profit-making purposes including: (a) (b) Purchase and sale of goods; Provision of services;
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(c) (d) (dd) (e) (g) (h) (i) (k) (l) (m) (n) (o) 2.

Distribution; Representation or agency; Consignment; Lease, lease out or lease-purchase; Construction; Consultancy or technical [services]; Transportation of cargo or passengers by rail, road or inland waterway; Transportation of cargo or passengers by air or sea; Purchase and sale of shares, bonds and other valuable papers; Investment, finance and banking; Insurance; Exploration and exploitation.

Disputes relating to intellectual property rights or technology transfer among companies or organizations and all of which are for profit-making purposes. Disputes between a company and its members or among members of a company relating to the establishment, operation, dissolution, merger, consolidation, demerger, division or conversion of the organizational form of the company. Other business or commercial disputes stipulated by law. Petitions relating to business or commerce which fall under the jurisdiction of the Court

3.

4.

Article 30 1.

Petitions relating to the resolution of disputes by Vietnam Commercial Arbitration in accordance with the laws on commercial arbitration. Petitions for recognition and enforcement in Vietnam of judgements and decisions of foreign courts relating to business or commerce or for [a decision] not to recognize judgements and decisions of foreign courts relating to business or commerce for which no petition for enforcement in Vietnam is made. Petitions for recognition and enforcement in Vietnam of foreign arbitration awards relating to business or commerce. Other petitions relating to business or commerce stipulated by law. Labour disputes which fall under the jurisdiction of the Court

2.

3.

4.

Article 31 1.

Individual labour disputes between an employee and an employer which have failed to be reconciled by the labour conciliatory council of an enterprise or a labour conciliator of the body in charge of State administration of labour in a district, town or provincial city or which have failed to be resolved
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within the time-limit stipulated by law, except for the following disputes which it was not mandatory to refer to a conciliation body at the enterprise: (a) Disputes relating to disciplinary actions in the form of dismissal or disputes which arise from the unilateral termination of a labour contract; Disputes relating to payment of compensation for loss between an employee and employer; disputes relating to payment allowances upon termination of a labour contract; Disputes between a domestic servant and employer; Disputes relating to social insurance stipulated by the laws on labour; Disputes relating to payment of compensation for loss between an employee and a labour export enterprise.

(b)

(c) (d) (dd)

2.

Collective labour disputes between a labour collective and an employer which have been resolved by the labour arbitration council in a province and city under central authority but the decision on which does not satisfy the labour collective or the employer, including: (a) [Disputes] about the rights and interests relating to employment, salaries, income and other labour conditions; [Disputes] about the performance of the collective agreement; [Disputes] about the rights to establish, join or carry out activities of the trade union.

(b) (c) 3.

Other labour disputes stipulated by law. Labour petitions which fall under the jurisdiction of the Court

Article 32 1.

Petitions for recognition and enforcement in Vietnam of judgements and decisions of foreign courts relating to labour or for [a decision] not to recognize judgements and decisions of foreign courts relating to labour for which no petition for enforcement in Vietnam is made. Petitions for recognition and enforcement in Vietnam of foreign arbitration awards relating to labour. Other labour petitions stipulated by law.

2. 3.

SECTION 2 Jurisdiction of Courts at All Levels Article 33 1. Jurisdiction of people's Courts of districts, towns and provincial cities

People's Courts of districts, towns and provincial cities (hereinafter referred to as the district people's courts) shall have the jurisdiction to resolve at first instance the following disputes: (a) Civil or marriage and family disputes specified in articles 25 and 27 of this Code;

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(b)

Business or commercial disputes specified in paragraphs (a) to (i) of clause 1 of article 29 of this Code; Labour disputes specified in clause 1 of article 31 of this Code.

(c) 2.

The district people's Courts shall have the jurisdiction to deal with the following petitions: (a) (b) Civil petitions specified in clauses 1 to 4 of article 26 of this Code; Petitions relating to marriage and family specified in clauses 1 to 5 of article 28 of this Code.

3.

The disputes and petitions specified in clauses 1 and 2 of this article which involve a concerned party or property abroad or require a judicial authorization to the consulate of Vietnam abroad or a foreign court shall not fall under the jurisdiction of the district people's Courts. Jurisdictions of people's Courts of provinces and cities under central authority

Article 34 1.

People's Courts of provinces and cities under central authority (hereinafter referred to as the provincial people's courts) shall have the jurisdiction to resolve at first instance the following affairs: (a) Civil, marriage and family, business, commercial or labour disputes specified in articles 25, 27, 29 and 31 of this Code, except for the disputes which fall under the jurisdiction of the district people's Courts specified in clause 1 of article 33 of this Code; Civil petitions and petitions relating to marriage and family, business, commerce or labour specified in articles 26, 28, 30 and 32 of this Code, except for the petitions which fall under the jurisdiction of the district people's Courts specified in clause 2 of article 33 of this Code; The disputes and petitions specified in clause 3 of article 33 of this Code.

(b)

(c) 2.

The provincial people's court shall have the jurisdiction to resolve at first instance civil affairs which fall under the jurisdiction of district Courts as specified in article 33 of this Code but which the provincial court deems necessary to be tried by itself. Jurisdiction of Courts by territories

Article 35 1.

Jurisdiction of Courts to resolve civil cases by territories shall be determined as follows: (a) The Court of the locality in which the residence or work place of the defendant is located if the defendant is an individual or of the locality in which the head office of the defendant is based if the defendant is an organization or body shall have jurisdiction to resolve at first instance the civil, marriage and family, business, commercial or labour disputes specified in articles 25, 27, 29 and 31 of this Code; The concerned parties shall have the right to agree with each other in writing to petition the Court of the locality in which the residence or work place of the plaintiff is located if the plaintiff is an individual or of the locality in which the head office of the plaintiff is based if the plaintiff is an organization or body to resolve the civil, marriage and family, business, commercial or labour disputes specified in articles 25, 27, 29 and 31 of this Code; The Court of the locality in which the property is situated shall have the jurisdiction to resolve disputes relating to property.
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(b)

(c)

10

2.

Jurisdiction of Courts to resolve civil matters by territories shall be determined as follows: (a) The Court of the locality in which the residence or work place of the person against whom a petition for declaration of a loss of capacity for civil acts or restricted capacity for civil acts is made shall have the jurisdiction to deal with the petition for declaration of a loss of capacity for civil acts or restricted capacity for civil acts. The Court of the locality in which the last known residence of the person against whom a petition for an order to search for the person who is absent from his or her place of residence or a petition for declaration that such person is missing or dead is made shall have the jurisdiction to deal with the petition for an order to search for such person who is absent from his or her place of residence and management of property of such person or the petition for declaration that such person is missing or dead; The Court which has issued the decision declaring that a person is missing or dead shall have the jurisdiction to deal with a petition for revocation of the decision declaring that such person is missing or dead; The Court of the locality in which the person against whom enforcement of a civil, marriage and family, business, commercial or labour judgement or decision of a foreign court is sought resides or works in cases of the person against whom enforcement is sought being an individual or of the locality in which the person against whom enforcement is sought has the principal office in cases of the person against whom enforcement is sought being an organization or body or of the locality in which the property relating to the execution of the judgement or decision of a foreign court is situated, shall have the jurisdiction to deal with petitions for recognition and enforcement in Vietnam of the civil, marriage and family, business, commercial or labour judgements or decisions of the foreign court; The Court of the locality in which the petitioner resides or works in cases of the petitioner being an individual or of the locality in which the petitioner has its principal office in cases of the petitioner being an organization or body, shall have the jurisdiction to deal with petitions for [a decision] not to recognize a civil, marriage and family, business, commercial or labour judgement or decision of a foreign court for which no petition for enforcement in Vietnam is made; The Court of the locality in which the person against whom enforcement of a foreign arbitration award is sought resides or works in cases of the person against whom enforcement is sought being an individual or of the locality in which the person against whom enforcement is sought has its principal office in cases of the entity against whom enforcement is sought being an organization or body or of the locality in which the property relating to the enforcement of a foreign arbitration award is situated, shall have the jurisdiction to deal with petitions for recognition and enforcement in Vietnam of a foreign arbitration award; The Court of the locality in which the registration of an illegal marriage is made shall have the jurisdiction to deal with a petition for annulment of the illegal marriage; The Court of the locality in which the residence or work place of one of the parties to the divorce by consent, raising of children and distribution of property upon divorce is located shall have the jurisdiction to deal with a petition for recognition of the divorce by consent, raising of children and distribution of property upon divorce; The Court of the locality in which the residence or work place of one of the parties to the agreement on a change of the person directly raising children after divorce is located shall
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(b)

(c)

(d)

(dd)

(e)

(g)

(h)

(i)

have the jurisdiction to deal with a petition for recognition of the agreement on a change of the person directly raising children after divorce; (k) The Court of the locality in which the residence or work place of the father or mother of a minor child is located shall have the jurisdiction to deal with a petition for restriction of the right of father or mother in respect of the minor child or of the right of such person to visit the child after divorce; The Court of the locality in which the residence or work place of the adoptive father and mother or adopted child shall have the jurisdiction to deal with a petition for termination of child adoption; Jurisdictions of Courts by territories to deal with petitions relating to the resolution of disputes by Vietnam Commercial Arbitration shall be subject to the laws on commercial arbitration. Jurisdictions of Courts as selected by the plaintiff or petitioner

(l)

(m)

Article 36 1.

The plaintiff shall have the right to select the Court to resolve a civil, marriage and family, business, commercial or labour dispute in the following circumstances: (a) Where [the address of] the residence, work place or head office of the defendant is unclear, the plaintiff may petition the Court of the locality in which the residence, work place or last known head office of the defendant is located or where the property of the defendant is situated to hear the matter; Where a dispute arises from the operations of a branch of an organization, the plaintiff may petition the Court of the locality in which the head office of the organization or where the branch of the organization is located to hear the matter; Where the defendant has no residence, work place or head office in Vietnam or a case relates to a dispute regarding support, the plaintiff may petition the Court of the locality in which his/her residence or work place is located to hear the matter; Where a dispute is relating to compensation for non-contractual damages, the plaintiff may petition the Court of the locality in which his/her residence, work place or head office is located or where the case causing damage occurs to hear the matter; Where the dispute is relating to payment of compensation for damage, payment of allowances upon termination of a labour contract, social insurance, the rights and interests relating to employment, salaries, income and other labour conditions in respect of an employee, the plaintiff being the employee may petition the Court of the locality in which his residence or work place is located to hear the matter. Where the dispute arises from the employment by an employer being a contractor or an intermediate, the plaintiff shall have the right to petition the Court of the locality in which the residence, work place or head office of the principal employer or where the residence or work place of the contractor or the intermediate is located to hear the matter. Where the dispute arises from a contractual relation, the plaintiff may petition the Court of the locality in which the contract is performed to hear the matter.

(b)

(c)

(d)

(dd)

(e)

(g)

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(h)

Where the defendants have residencies, work places or head offices in different localities, the plaintiff may petition the Court of the locality in which one of the defendants' residence, work place or head office is located to hear the matter; Where the dispute is relating to immoveable property located in different localities, the plaintiff may petition the Court of the locality in which one of the immoveable property is located to resolve the matter.

(i)

2.

The petitioner shall have the right to select a Court to deal with its civil or marriage and family petition in the following circumstances: (a) With respect to civil petitions specified in clauses 1 to 4 of article 26 of this Code, the petitioner may petition the Court of the locality in which his or her residence, work place or head office is located to deal with the matter; With respect to petitions for annulment of an illegal marriage specified in clause 1 of article 28 of this Code, the petitioner may petition the Court of the locality in which one of the parties which have registered the illegal marriage to deal with the matter; With respect to petitions for restriction of the right of father or mother in respect of a minor child or of the right of such person to visit the child after divorce, the petitioner may petition the Court of the locality in which the residence of the child is located to deal with the matter. Transfer of civil affairs to another court; resolution of disputes about jurisdiction

(b)

(c)

Article 37 1.

In the case where a Court believes that a civil affair which has been accepted by it does not fall under its jurisdiction, that Court shall make a decision transferring the file of the civil affair to the Court with the appropriate jurisdiction and remove [such civil affair] from the book of acceptance. That decision shall be forwarded promptly to the litigants, individuals, bodies and organizations concerned. The litigants, individuals, bodies and organizations concerned shall have the right to lodge a complaint against such decision within a time-limit of three working days from the date of receipt of the decision. The chief justice of the Court which has issued the decision transferring the civil affair shall resolve the complaint within three working days from the date of receipt of the complaint.

2.

Disputes about jurisdiction between district people's Courts in the same province shall be resolved by the chief justice of the provincial people's Court. Dispute about jurisdiction between district people's Courts in different provinces or cities under central authority or between provincial people's Courts shall be resolved by the Chief Justice of the Supreme People's Court. Merger or division of cases

3.

Article 38 1.

The Court may consolidate two or more cases which have been accepted separately by the Court to form one case for resolution if the consolidation and resolution in that one case is in compliance with law. The Court may divide one case with different claims into two or more cases if the division and resolution of such multiple cases is in compliance with law.

2.

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3.

Upon consolidation or division of a case specified in clauses 1 and 2 of this article, the Court which has accepted the case must make a decision and forward it promptly to the concerned parties and the inspectorate of the same jurisdiction.

CHAPTER IV Bodies Conducting Proceedings, Persons Conducting Proceedings and Replacement of Persons Conducting Proceedings Article 39 1. Bodies conducting proceedings and persons conducting proceedings

Bodies conducting proceedings shall comprise: (a) (b) People's courts; People's inspectorates.

2.

Persons conducting proceedings shall comprise: (a) (b) Chief justices, judges, people's jurors and court clerks; Chief prosecutors, prosecutors. Duties and powers of chief justices

Article 40 1.

The chief justice shall have the following duties and powers: (a) (b) To organize the work of resolution of civil affairs which fall under the jurisdiction of the Court; To make decisions assigning justices to resolve civil affairs or people's jurors to participate in a council of adjudicators to hear a civil case; and decisions assigning court clerks to conduct the proceedings in respect of a civil affair; To make decisions replacing a judge, people's juror or court clerk prior to the commencement of a trial; To make decisions replacing an expert or interpreter prior to the commencement of a trial; To issues decisions and conduct the civil proceedings in accordance with this Code; To resolve complaints and denunciations in accordance with this Code; To protest against legally enforceable judgments and decisions of the Court in accordance with the procedure for judicial review or for a new trial stipulated by this Code.

(c)

(d) (dd) (e) (g)

2.

When the chief justice is absent, a deputy chief justice shall be assigned by the chief justice to perform the duties and powers of the chief justice specified in clause 1 of this article. The deputy chief justice shall be accountable to the chief justice for the assigned duties.

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Article 41 1. 2. 3. 4.

Duties and powers of judges

To prepare files of cases. To make decisions granting, amending or revoking preliminary injunctive relief. To make decisions suspending or temporarily suspending the resolution of civil affairs. To carry out conciliation to enable the concerned parties to reach an agreement on settlement of a case in accordance with this Code; to issue a decision acknowledging the agreement of the concerned parties. To issue decisions conducting trials of civil cases or resolving civil matters. To make decisions summoning persons participating in trials. To participate in hearings of civil cases or resolution of civil matters. To conduct other civil proceedings upon resolution of civil affairs in accordance with this Code. Duties and powers of people's jurors

5. 6. 7. 8.

Article 42 1. 2. 3. 4.

To study files of cases prior to the commencement of a trial. To propose the chief justice or judge to issue necessary decisions subject to his or her authority. To participate in hearings of civil cases. To conduct proceedings and vote on issues which fall under the authority of the council of adjudicators upon hearing of civil cases. Duties and powers of court clerks

Article 43 1.

To carry out the preparation for necessary professional activities prior to the commencement of a trial. To disseminate the internal rules of the Court. To report a list of persons who are summoned to the trial to the council of adjudicators. To prepare trial transcripts. To conduct other proceedings in accordance with this Code. Duties and powers of chief prosecutors

2. 3. 4. 5.

Article 44 1.

When performing the responsibility to supervise the compliance with law during civil proceedings, the chief prosecutor shall have the following duties and powers: (a) To organize and direct the performance of the supervision of the compliance with law during the civil proceedings;

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(b)

To make decisions assigning prosecutors to supervise the compliance with law during the proceedings or participate in trials of civil cases or meetings for resolution of civil matters in accordance with this Code; To inspect activities of supervision of the compliance with law during proceedings by prosecutors; To make decisions replacing prosecutors; To protest against judgments and decisions of the Court in accordance with the proceedings for appeal, judicial review or a new trial stipulated by this Code; To resolve complaints and denunciations in accordance with this Code.

(c)

(d) (dd)

(e) 2.

When the chief prosecutor is absent, a deputy chief prosecutor shall be assigned by the chief prosecutor to perform the duties and powers of the chief prosecutor specified in clause 1 of this article. The deputy chief prosecutor shall be accountable to the chief prosecutor for the assigned duties. Duties and powers of prosecutors

Article 45

A prosecutor who is assigned with the responsibility to supervise the compliance with law during civil proceedings shall have the following duties and powers: 1. 2. 3. 4. To supervise the compliance with law during resolution of civil cases or civil matters by the Court; To supervise the compliance with law by persons participating in the proceedings; To supervise judgements and decisions of the Court; To participate in trials of civil cases or meetings resolving civil matters in accordance with this Code and to state the opinion of the inspectorate about the resolution of civil affairs; To perform other duties and powers which fall under the authority of the inspectorate as assigned by the chief prosecutor. Circumstances in which persons conducting proceedings must decline from participating in a trial or be replaced

5.

Article 46

A person conducting proceedings must decline from conducting the proceedings or be replaced in the following circumstances: 1. 2. Such person is also a concerned party, a representative or a relative of a concerned party; Such person has participated in the trial as a person protecting the lawful rights and interests of a concerned party, as a witness giving evidence, expert or interpreter in the same case; There are grounds to believe that such person cannot be objective in performing his or her duties.

3.

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Article 47

Replacement of judges and people's jurors

A judge or people's juror must decline from conducting proceedings or be replaced in the following circumstances: 1. 2. 3. He or she falls under one of the circumstances specified in article 46 of this Code; He or she participates in the same council of adjudicators and is personally related; He or she has participated in a first instance, appeal, judicial review or retrial hearing of such case except where he or she is a member of the Judicial Council of the People's Supreme Court or the Judges' Committee of a provincial court in which case he or she may still participate in many hearings of the same case on the basis of judicial review or retrial; He or she has participated in a hearing of the same case as a prosecutor or court clerk. Replacement of prosecutors

4.

Article 48

A prosecutor must decline from conducting proceedings or be replaced in the following circumstances: 1. 2. He or she falls under one of the circumstances specified in article 46 of this Code; He or she has participated in a hearing of the same case as a judge, people's juror, prosecutor or court clerk. Replacement of court clerks

Article 49

A court clerk must decline from conducting proceedings or be replaced in the following circumstances: 1. 2. He or she falls under one of the circumstances specified in article 46 of this Code; He or she has participated in a hearing of the same case as a judge, people's juror, prosecutor or court clerk. Procedure for refusal to conduct proceedings or request for replacement of persons conducting proceedings

Article 50

1.

The refusal to conduct proceedings or the request for replacement of a person conducting proceedings prior to the commencement of a trial must be made in writing, specifying reasons and grounds of the refusal to conduct proceedings or request for replacement of a person conducting proceedings. The refusal to conduct proceedings or the request for replacement of a person conducting proceedings during a trial shall be recorded in the trial transcript. Decisions to replace persons conducting proceedings

2.

Article 51 1.

Prior to the commencement of a trial, the replacement of a judge, juror or court clerk shall be decided by the chief justice of the Court; where the judge to be replaced is the chief justice of the Court, the chief justice of the Court at a higher level shall decide on the replacement. Prior to the commencement of a trial, the replacement of a prosecutor shall be decided by the chief prosecutor of the inspectorate of the same jurisdiction; where the prosecutor to be replaced is the
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chief prosecutor of the inspectorate, the chief prosecutor of the inspectorate at a higher level shall decide on the replacement. 2. During a trial, the replacement of a judge, juror, court clerk or prosecutor shall be decided by the council of adjudicators after considering the opinion of the person against whom a request for replacement is made. The council of adjudicators shall discuss the replacement in the jury-room and reach a majority decision. In cases where a judge, juror, court clerk or prosecutor must be replaced, the council of adjudicators shall make a decision to adjourn the trial. The chief justice shall decide on appointment of a judge, juror or court clerk to replace the person who is replaced; where the judge to be replaced is the chief justice of the Court, the appointment of a replacement shall be decided by the chief justice of the Court at a higher level. The chief prosecutor of the inspectorate of the same jurisdiction shall decide on appointment of a prosecutor to replace the prosecutor who is replaced; where the prosecutor to be replaced is the chief prosecutor of the inspectorate, the appointment of a replacement shall be decided by the chief prosecutor of the inspectorate at a higher level.

CHAPTER V Composition [of Councils of Adjudicators] Resolving Civil Affairs Article 52 Composition of a council of adjudicators with first instance jurisdiction for civil cases

The council of adjudicators with first instance jurisdiction for civil cases shall comprise one judge and two people's jurors. In special cases, the council of adjudicators with first instance jurisdiction may comprise two judges and three people's jurors. Article 53 Composition of a council of adjudicators with appellate jurisdiction for civil cases

The council of adjudicators with appellate jurisdiction shall comprise three judges. Article 54 1. Composition of a council of adjudicators for a judicial review or a retrial

The council of adjudicators for a judicial review or a retrial of the provincial people's court shall be the Judges' Committee of the provincial people's Court. When the Judges' Committee of the provincial people's Court conducts judicial review or retrial hearings which involve a legally enforceable judgment or decision, the participation of at least two thirds (2/3) of the total of members shall be required.

2.

The council of adjudicators for a judicial review or a retrial of a specialized Court of the Supreme People's Court shall comprise three judges. The council of adjudicators for a judicial review or a retrial of the Supreme People's Court shall be the Judicial Council of the Supreme People's Court When the Judicial Council of the Supreme People's Court conducts judicial review or retrial hearings which involve a legally enforceable judgment or decision, the participation of at least two thirds (2/3) of the total of members shall be required.

3.

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Article 55 1.

Composition [of councils of adjudicators] resolving civil matters

The civil, marriage and family, business, commercial, labour petitions specified in clause 5 of article 26, clause 6 of article 28, clauses 2 and 3 of article 30 and article 32 of this Code or appeals or protests against decisions resolving civil matters shall be dealt with by a panel comprising three judges. Civil, marriage and family, business, commercial, labour petitions other than the petitions specified in clause 1 of this article shall be dealt with by one judge. Composition [of councils of adjudicators] resolving petitions relating to business or commerce specified in clause 1 of article 30 of this Code shall be subject to the provisions of the laws on commercial arbitration. CHAPTER VI Persons Participating in Proceedings SECTION 1 Parties in Civil Cases

2.

3.

Article 56 1.

Parties in civil cases

Parties in a civil case shall be individuals, bodies and organizations including the plaintiff, defendant and persons with related rights and obligations. The plaintiff in a civil case shall be the person taking a legal action or person [on behalf of whom] another individual, body or organization as stipulated by this Code takes a legal action in order to petition the Court to resolve a civil case when it believes that the lawful rights and interests of such person are infringed. Bodies and organizations as stipulated by this Code taking a legal action in order to petition the Court to protect the public interests or interests of the State in the sector under their authority shall also be plaintiffs.

2.

3.

The defendant in a civil case shall be a person against whom the plaintiff takes a legal action or other individual, body or organization as stipulated by this Code which takes a legal action in order to petition the Court to resolve the civil case when it believes that the lawful rights and interests of the plaintiff are infringed by such person. A person with related rights and obligations in a civil case shall be the person who does not take a legal action or against whom a legal action is not taken but who has rights or obligations relating to the resolution of the civil case, thus he or she may participate in the proceedings as a person with related rights and obligations upon his or her own petition or the petition of other concerned parties and with approval by the Court. Where the resolution of a civil case relates to the rights and obligations of a person but nobody propose the participation of such person in the proceeding as a person with related rights and obligations, the Court must include him or her in the persons participating in the proceeding as a person with related rights and obligations.

4.

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Article 57 1.

Legal capacity for civil proceedings and capacity for acts in civil proceedings of litigants

The legal capacity for civil proceedings shall be the capability to have the rights and obligations in civil proceedings as stipulated by law. All individuals, bodies and organizations have equal legal capacity in civil proceedings to petition the Court to protect their lawful rights and interests. The capacity for acts in civil proceedings shall be the capability to exercise himself or herself the rights and obligations in the civil proceedings or to authorize a representative to participate in the civil proceedings. Litigants who are eighteen (18) or more years of age shall have full capacity for acts in civil proceedings, except for persons losing or lacking the capacity for acts in civil proceedings or where otherwise stipulated by law. Litigant who are under six (6) years of age or persons who lose the capacity for civil acts shall not have the capacity for acts in civil proceedings. The protection of the lawful rights and interests of such persons at the Court shall be conducted by their legal representative. With respect to litigants who are between six and under fifteen (15) years of age, the protection of lawful rights and interests of such persons at the Court shall be conducted by their legal representative. Litigants who are between fifteen (15) and under eighteen (18) years of age and have worked on the basis of a labour contract or performed civil transactions [secured] by their own property may participate themselves in proceedings concerning matters relating to such labour relations or civil relations. In this case, the Court shall have the right to summon their legal representative to participate in the proceedings. With respect to other matters, the protection of lawful rights and interests of such persons at the court shall be conducted by their legal representative. Where a litigant is a body or organization, its legal representative shall participate in the proceedings. Rights and obligations of litigants

2.

3.

4.

5.

6.

7.

Article 58 1. 2.

Litigants shall have equal rights and obligations upon participating in proceedings. When participating in proceedings, a litigant shall have the following rights and obligations: (a) To provide evidence or to substantiate [by means of evidence] in order to protect his or her lawful rights and interests; To request any individual, body and organization which is holding or managing evidence to provide such evidence to him or her for submission to the Court; To petition the Court to verify or collect evidence of the case which he or she is unable to collect himself or herself or petition the Court to summon a witness, to seek the opinion or valuation of an expert; to lodge with the inspectorate a complaint regarding evidence verified or collected by the Court at the request of other parties concerned; To be informed and take notes or photocopy documents and evidence presented by other parties or collected by the Court; To submit to the Court interlocutory motions for application of preliminary injunctive relief;
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(b)

(c)

(d)

(dd)

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(e)

To reach agreement with other litigants on settlement of the case; to participate in the conciliation held by the Court; To receive proper notices in order to exercise his or her rights and perform his or her obligations; To protect or engage other persons to protect his or her lawful rights and interests; To participate in the trial; To request the replacement of a person conducting the proceedings or persons participating in the proceedings in accordance with this Code; To suggest to the court matters about which a question should be put to other persons; to cross-examine other litigants or witnesses; To contest issues at the trial; To be issued with an excerpt of the judgment or decision of the Court; To lodge an appeal or complaint against the judgment or decision of the Court in accordance with this Code; To discover and notify any person authorized to lodge protests of grounds for lodging a protest against a legally enforceable judgment or decision of the Court in accordance with the procedure for judicial review or retrial; To be present at the trial upon being summonsed by the court and comply with decisions of the Court during the resolution of the case; To respect the Court and comply strictly with the internal rules of the Court; To pay a court fee deposit, court fees and fees in accordance with law; To comply strictly with legally enforceable judgements or decisions of the Court; Other rights and obligations stipulated by law. Rights and obligations of plaintiffs

(g)

(h) (i) (k)

(l)

(m) (n) (o)

(p)

(q)

(r) (s) (t) (u) Article 59 1.

A plaintiff shall have the following rights and obligations: (a) (b) The rights and obligations of a litigant specified in article 58 of this Code; To withdraw all or part of the petition for a legal action; to change items of the petition for a legal action; To petition the Court to allow a person with related rights and obligations to participate in the proceedings; To petition the Court to temporarily suspend the case.

(c)

(d)

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2.

The plaintiff who has been properly summonsed by the court and has failed to appear twice shall be deemed to have relinquished his or her legal action. Rights and obligations of defendants

Article 60 1.

A defendant shall have the following rights and obligations: (a) (b) (c) The rights and obligations of a litigant specified in article 58 of this Code; To accept all or part of the claims of the plaintiff; or reject all of the claims of the plaintiff; To make a counter-claim against the plaintiff regarding a matter relating to the claim of the plaintiff or a claim for set-off against the obligation claimed by the plaintiff; To be informed by the Court of the respondent to the legal action.

(d) 2.

The Court shall conduct the proceedings in the absence of a defendant who has been properly summonsed on two occasions but has failed to appear on both occasions. Rights and obligations of persons with related rights and obligations

Article 61 1.

A person with related rights and obligations shall have the following rights and obligations: (a) (b) The rights and obligations specified in article 58 of this Code; To make an independent claim or participate in the proceedings together with a plaintiff or defendant.

2.

A person with related rights and obligations making an independent claim shall have the rights and obligations of a litigant specified in article 59 of this Code. A person with related rights and obligations, if he or she participates in the proceeding together with the plaintiff or only has [related] rights, shall have the rights and obligations of a plaintiff specified in article 59 of this Code. A person with related rights and obligations, if he or she participates in the proceeding together with the defendant or only has [related] obligations, shall have the rights and obligations of a defendant specified in article 60 of this Code. Bequeathing rights and obligations to litigate

3.

4.

Article 62 1.

Where a concerned party is a deceased individual who was participating in the proceedings and his or her rights and obligations in relation to the estate are bequeathed to an heir, such heir shall participate in the proceedings. Where a concerned party which is a body or organization and which is participating in proceedings has to terminate its operation, is consolidated, merged, divided, demerged or transfers its form of ownership, the inheritance of civil litigation rights and obligations shall be regulated as follows: (a) Where the organization which has to terminate its operation or is dissolved is a shareholding company, limited liability company or partnership, then an individual or organization being a member of such organization or its representative shall participate in the proceedings;
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2.

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(b)

Where the body or organization which has to terminate its operation or is dissolved is a State body, unit of the people's armed forces, political organization, socio-political organization, socio-political and occupational organization, social organization, socio-occupational organization or State owned enterprises, then the legal representative of the superior body or organization of such body or organization or the legal representative of a body or organization which is assigned to succeed the rights and obligations of the former body or organization shall participate in the proceedings; Where an organization has been consolidated, merged, divided, demerged or has transferred its form of ownership, the individual or organization which succeeds to the rights and obligations of the [former] organization shall participate in the proceedings.

(c)

3.

Where a concerned party is an organization which is not a legal entity but its representative or manager participating in the proceedings dies, such organization must delegate another person to act as the representative in order to participate in the proceedings; where such organization has to terminate its operation or is dissolved, an individual being a member of such organization shall participate in the proceedings. SECTION 2 Other Parties to Litigation

Article 63 1.

Person protecting the lawful rights and interests of litigants

A person protecting the lawful rights and interests of a litigant shall be the person who is engaged by the litigant and approved by the Court for participation in the proceedings in order to protect the lawful rights and interests of the litigant. The following persons shall be accepted by the Court for acting as the person protecting the lawful rights and interests of a litigant: (a) (b) Lawyers who participate in proceedings in accordance with the laws on lawyers; Vietnamese citizens who have full capacity for civil acts and have not been sentenced, or if they were sentenced their sentence record has been removed, or who have not been sent to a treatment facility or reformatory institution for application of an administrative probationary period; and who are not officials or State employees of courts, inspectorates or police authorities.

2.

3.

Any one person protecting the lawful rights and interests of a litigant may protect the lawful rights and interests of a number of litigants in a case if the lawful rights and interests of such litigants are not in conflict with each other. A number of persons protecting the lawful rights and interests of litigants may jointly protect the rights and interests of one litigant in a case. Persons protecting the lawful rights and obligations of litigants shall be entitled and obliged:

Article 64 1.

To participate in the proceedings from the commencement of a legal action or any stage of the civil proceedings. The person protecting the lawful rights and obligations of a litigant may participate in a judicial review or retrial hearing if the Court deems it necessary.

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2.

To verify and collect evidence and provide such evidence to the Court, to study the case file, to take notes and copy any necessary documents available in the case file in order to perform the protection of the lawful rights and obligations of the litigant. To participate in a conciliation or trial or submit a plea in writing to protect the lawful rights and obligations of the litigant. To request on behalf of the litigant the replacement of a person conducting the proceedings or other person participating in the proceedings in accordance with this Code. To assist the litigant in legal aspects relating to the protection of the lawful rights and interests of such litigant. The rights and obligations specified in paragraphs (m), (q) and (r) of clause 2 of article 58 of this Code. Witnesses

3.

4.

5.

6.

Article 65

A person who has knowledge of details relating to the matters of a case may be summoned by the Court to participate in the proceedings as a witness. Any person who has lost the capacity for civil acts may not be a witness. Article 66 1. Witnesses shall be entitled and obliged:

To provide all information, documents and objects they have which relate to the resolution of the case. To disclose truthfully all their knowledge about facts relating to the resolution of the case. To be entitled to refuse disclosing if their disclosure relates to State secrets, occupational secrets, trade secrets or privacy or such disclosure affects badly or adversely a litigant being their relative. To be entitled to take leave of absence during the duration they are summonsed by the Court or give testimony [to the Court] if they work for a body or organization. To be entitled to reimbursement of travel expenses and other benefits in accordance with law. To petition the Court which has summonsed them or a competent State body to protect their lives, health, honour, dignity, assets and other lawful rights and interests upon their participation in the proceedings; to lodge a complaint against the litigatory act of any person conducting the proceedings. To pay compensation for any damage and to be responsible before law for their untruthful testimony causing damage to a litigant or another person. To be present at the trial upon being summonsed by the Court if the witness must give publicly his or her testimony at the trial; where the witness fails to be present at the trial without any proper reason and his or her absence hinders the hearing, the council of adjudicators may decide to escort the witness to the trial. To take an oath to perform their rights and obligations before the Court, unless the witness is a minor. Any witness who gives false testimony or provides untruthful documents or refuses to
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2. 3.

4.

5. 6.

7.

8.

9.

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disclose or is absent from the Court upon being summonsed by the Court without any proper reason shall be responsible in accordance with law. Article 67 Experts

An expert is a person who has requisite knowledge and experience as stipulated by law relating to the sector of the subject which requires an expert opinion and who is selected and agreed upon by the concerned parties or sought by the Court to carry out an examination of the subject at the request of one or more concerned parties. Article 68 1. Rights and obligations of experts

An expert shall have the following rights and obligations: (a) To read documents in the case file relating to the subject which requires an examination; to request the court to provide documents necessary for the examination; To raise questions to persons participating in the proceedings about matters relating to the subject which requires an examination; To be present at court upon being summonsed by the Court; to give answers about issues relating to the examination and to produce truthful, grounded and objective results of examination; To notify the Court in writing of the fact that he or she is unable to carry out an examination because the subject which require an examination falls outside his or her professional capacity or the documents provided for examination are not sufficient or may not be used; To preserve received documents and send them back to the Court together with the results of the examination or notice of the fact that an examination may not be conducted; Not to collect herself or himself documents in order to carry out the examination or meet other persons participating in the proceedings if such meeting affects the results of examination; not to disclose secret information he or she becomes aware of upon carrying out the examination or not to notify other persons of the results of examination unless otherwise decided by the judge who sought the expert opinion; To entitled to reimbursement of travel expenses and other benefits in accordance with law; To take an oath to perform his or her rights and obligations before the Court.

(b)

(c)

(d)

(dd)

(e)

(g) (h) 2.

Any expert who declines to produce results of examination without any proper reason or produces untruthful results of examination or is absent from court without any proper reason upon being summonsed by the Court shall be responsible in accordance with law. An expert must decline or be replaced in the following circumstances: (a) (b) One of the circumstances specified in clauses 1 and 3 of article 46 of this Code; He or she has participated in the proceedings of the same case as a person protecting the lawful rights and interests of litigants, as a witness or interpreter;

3.

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(c)

He or she has conducted the proceedings of the same case as a judge, people's juror, court clerk or prosecutor. Interpreters

Article 69

An interpreter is a person who is capable of translating another language into the Vietnamese language and vice versa in cases where a person participating in the proceedings cannot use the Vietnamese language. The interpreter shall be selected and agreed by the concerned parties and approved by the Court or the Court shall request interpretation. Article 70 1. Rights and obligations of interpreters

An interpreter shall have the following rights and obligations: (a) (b) (c) To be present at court upon being summonsed by the Court; To interpret faithfully, objectively and correctly; To request persons conducting or participating in the proceedings to further clarify their words which need to be interpreted; Not to meet other persons participating in the proceedings if such meeting affects the truthfulness, objectiveness and correctness upon interpretation. To entitled to reimbursement of travel expenses and other benefits in accordance with law; To take an oath to perform their rights and obligations before the Court.

(d)

(dd) (e) 2.

Any interpreter who intentionally interprets untruthfully or is absent from court without any proper reason upon being summonsed by the Court shall be responsible in accordance with law. An interpreter must decline or be replaced in the following circumstances: (a) (b) One of the circumstances specified in clauses 1 and 3 of article 46 of this Code; He or she has participated in the without any proper reason of the same case as a person protecting the lawful rights and interests of litigants, witness or expert; He or she has conducted the without any proper reason of the same case as a judge, people's juror, court clerk or prosecutor.

3.

(c)

4.

The provisions of this article shall also be applicable to persons who know signs of deaf or dumb persons. Where only the representative or relative of a deaf or dumb person knows his or her signs, the representative or relative may be accepted by the Court as the interpreter for such deaf or dumb person.

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Article 71

Procedures for refusal to examine or interpret or requests for replacement of experts or interpreters

1.

Any refusal to examine or interpret or any request for replacement of an expert or interpreter prior to the commencement of a trial shall be made in writing specifying reasons of the refusal or request for replacement. Any refusal to examine or interpret or request for replacement of an expert or interpreter during a trial shall be recorded in the trial transcript. Decisions to replace experts or interpreters

2.

Article 72 1.

Prior to the commencement of a trial, the replacement of an expert or interpreter shall be decided by the chief justice of the Court. During a trial, the replacement of an expert or interpreter shall be decided by the council of adjudicators after considering the opinion of the person against whom the request for replacement is made. The council of adjudicators shall debate [the replacement] in the jury-room and make a majority decision. Where the expert or interpreter must be replaced, the council of adjudicators shall issue a decision to adjourn the trial. The replacement of an expert or interpreter shall be subject to the provisions of articles 67 and 69 of this Code.

2.

Article 73 1.

Representatives

In civil proceedings, representatives shall comprise legal representatives and authorized representatives. The legal representative as stipulated in the Civil Code means the legal representative in the civil proceedings unless he or she is restricted to act as a representative in accordance with law. An individual, body or organization taking a legal action for protection of lawful rights and interests of another person shall also act as the legal representative of the protected person in the civil proceedings.

2.

3.

The authorized representative as stipulated in the Civil Code means the authorized representative in civil proceedings; in cases of divorce, concerned parties shall not be allowed to authorize another person to participate on their behalf in the proceedings. Rights and obligations of representatives

Article 74 1.

In civil proceedings, a legal representative shall exercise the rights and perform the obligations of the litigant for whom he or she acts as the representative in the civil proceedings. In civil proceedings, the authorized representative shall exercise the rights and obligations in the civil proceedings in accordance with the written authorization.

2.

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Article 75 1.

Persons who shall not be permitted to act as a representative

The following persons shall not be permitted to act as a legal representative: (a) A person who is also a litigant in the same case with the principal, but his or her lawful rights and interests conflict with the lawful rights and obligations of his or her principal; A person who acts as the legal representative of another litigant in the civil proceedings whose lawful rights and interests conflict with the lawful rights and interests of his or her principal in the same case.

(b)

2.

The provisions of clause 1 of this article shall also be applicable to authorized representatives in legal proceedings. Officials and State employees of courts, inspectorates and police authorities shall not be permitted to act as a representative in civil proceedings, unless they participate in the proceedings as the representative of their body or as the legal representative. Appointment of representatives in civil proceedings

3.

Article 76

During performance of civil proceedings, if a litigant is a person with restricted capacity for civil acts who has no representative or whose legal representative is one of the persons specified in clause 1 of article 75 of this Code, the Court shall appoint a representative to take part in the court proceedings. Article 77 Termination of representation in civil proceedings

A legal representative or authorized representative in civil proceedings shall terminate the representation in accordance with the Civil Code. Article 78 1. Effects of termination of representation in civil proceedings

In cases of termination of the legal representation, if the principal has attained adulthood or his or her capacity for civil acts has been restored, the principal may participate in the civil proceedings or authorize another person to participate in the civil proceedings in accordance with the proceedings specified by this Code. In cases of termination of the authorized representation, the litigant or his or her heir may participate in the proceedings or authorize another person to participate in the civil proceedings in accordance with the procedures specified by this Code.

2.

CHAPTER VII Substantiation and Evidence Article 79 1. Obligation to substantiate

A concerned party which petitions the Court to protect its lawful rights and interests must provide evidence to substantiate that there are grounds for its petition and that the petition is lawful.

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2.

A concerned party which protests against the claim made by another person against such party must substantiate that there are grounds for its protest and provide evidence to substantiate those grounds. An individual, body or organization which initiates a legal action to protect public interests or interests of the State or petitions the Court to protect the lawful rights and interests of another person must provide evidence to substantiate that that there are grounds for its legal action and that it is lawful. A concerned party which is obliged to provide evidence for substantiation but fails to provide evidence or provide insufficient evidence shall bear any effect of the failure to provide evidence or of the provision of insufficient evidence. Facts and events not required to be proven

3.

4.

Article 80 1.

The following facts and events shall not be required to be proven: (a) (b) Obvious facts and events which are known by everybody and admitted by the Court; Facts and events which have been specified in legally enforceable judgements or decisions of the Court or legally enforceable decisions of authorized State bodies; Facts and events which have been stated in lawfully notarised or authenticated documents.

(c) 2.

Where one concerned party admits or does not protest against the facts or events produced by the other party, the latter shall not be required to prove them. Where a concerned party has its representative participating in the proceedings, the admission of the representative shall be deemed to be the admission of such concerned party. Evidence

3.

Article 81

Evidence in civil affairs shall be real things which are delivered by concerned parties and other individuals, bodies and organizations to the Court or collected by the Court in accordance with the order and procedures stipulated by this Code and which are used by the Court as the basis for the purpose of determining whether or not there are grounds for the claim or protest of a concerned party and whether it is lawful and other facts necessary for proper resolution of the civil affairs. Article 82 Sources of evidence

Evidence shall be collected from the following sources: 1. 2. 3. 4. 5. 6. Readable, audible or visible materials; Physical evidence; Testimony of concerned parties; Testimony of witnesses; Results of examination by experts; Record of the results of assessment on-the-spot;
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7. 8. 9.

Customs [customary practice]; Results of valuation of assets; Other sources stipulated by law. Identifying evidence

Article 83 1.

Materials with readable contents shall be regarded as evidence if they are original copies or photocopies notarized or authenticated lawfully or certified or provided by the competent body or organization. Audible or visible materials shall be regarded as evidence if such materials are presented together with a document certifying their origin or a document on the fact relating to the recording of sound or pictures. Physical evidence being evidence must be the original object relating to the affairs. Testimony of a concerned party or witness shall be regarded as evidence if such testimony is recorded in writing, on an audio tape or disk or video tape or disk in accordance with the provisions of clause 2 of this article or is oral testimony at the trial. Results of examination by an expert shall be regarded as evidence if such examination is carried out in accordance with the procedures stipulated by law. Record of the results of assessment on-the-spot shall be regarded as evidence if such assessment is carried out in accordance with the procedures stipulated by law and is signed by the members participating in the assessment. Customs shall be regarded as evidence if they are admitted by the community of the locality in which there are such customs. Results of valuation of assets shall be regarded as evidence if the valuation is conducted in accordance with the procedures stipulated by law or a document provided by a pricing expert as stipulated in clause 1 of this article. Delivery of evidence

2.

3. 4.

5.

6.

7.

8.

Article 84 1.

During resolution of a civil affair by the Court, concerned parties shall be entitled and obliged to deliver evidence to the Court; if such concerned parties fail to deliver evidence or deliver insufficient evidence, they shall bear the consequence of such failure or the delivery of insufficient evidence, unless otherwise stipulated by law. The delivery of evidence by a concerned party to the Court must be recorded in a record of the delivery of evidence. The record shall specify the name, form, contents and characteristics of the evidence; the number of copies and the number of pages of the evidence and time of receipt; with the signature or finger-print of the deliverer, the signature of the recipient and seal of the Court. The record shall be made into two copies, one to be kept in the civil affair file and one to be kept by the concerned party which delivered the evidence. Where a concerned party delivers evidence in the language of an ethnic minority or in a foreign language to the Court, it shall be required to enclose a lawfully notarized or certified Vietnamese translation of the evidence.
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2.

3.

Article 85 1.

Gathering of evidence

Where it is deemed that the evidence in the civil affair file does not constitute sufficient grounds for resolution, the judge shall request concerned parties to adduce additional evidence. Where a concerned party cannot itself adduce the evidence or so petitions, the judge may take one or a number of the following measures to adduce evidence in the case: (a) (b) (c) (d) (dd) (e) Taking the testimony of a concerned party or witness; Seeking the opinion of an expert; Deciding on valuation of assets; Conducting an inspection or evaluation on-the-spot; Authorising the taking of evidence; Requesting individuals, bodies or organizations to provide readable, audible or visible materials or other objects relating to the resolution of the civil affair.

2.

3.

Upon taking the measures specified in paragraphs (b) to (e) of clause 2 of this article, the judge shall issue a decision specifying reasons therefor and requests of the Court. Any concerned party shall have the right to lodge a complaint against the decision of the Court taking a measure to adduce evidence. The complaint of the concerned party shall be forwarded immediately to the inspectorate. The inspectorate shall have the right to request the Court to verify and adduce evidence on the basis of the complaint of the concerned party and consider the participation in the trial. Where necessary, the inspectorate shall have the right to request concerned parties, individuals, bodies and organizations to provide files, documents and physical evidence to ensure the exercise of its right to protest in accordance with the appeal proceedings or proceedings for judicial review or new trial.

Article 86 1.

Taking statement of evidence from the concerned parties

A judge shall only take a statement of evidence from a litigant when such litigant has got yet given testimony or the contents of his or her testimony are incomplete or unclear. The litigant must himself or herself write and sign the statement of evidence. Where a litigant is unable to write, the judge shall take the statement of evidence from the litigant. The statement of evidence of the litigant shall focus on facts which have not yet been declared completely or clearly by the litigant. The judge shall himself or herself or court clerk shall record statements of evidence of litigants in a record. The judge shall take statements of evidence of litigants at the head office of the Court, where necessary, he or she can take the statement of evidence of a litigant outside the head office of the Court. The person giving the statement of evidence shall himself or herself read, or listen to the reading of, the record of his or her testimony and sign or make a fingerprint [on the record]. The litigant shall be entitled to request any amendments or additions to be included in the record of the testimony and sign or make a fingerprint [on the amended record] for confirmation. The record must be signed by the person taking the testimony and the person taking the record and affixed with the seal of the Court; where the record is made in loose sheets, each page shall be signed and affixed with the
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2.

integrity seal. Where the record of the testimony of a concerned party is made outside the head office of the Court, a witness or certification by the people's committee or police office of the commune or township or by the body or organization in which the record was made shall be required. 3. The testimony of a litigant in one of the cases specified in clauses 4 and 5 of article 57 of this Code must be taken in the presence of the legal representative of such litigant. Taking testimonies of witnesses

Article 87 1.

The judge, as petitioned by a litigant or where necessary, shall take a statement of evidence of a witness at or outside the head office of the Court. The procedures for taking statements of evidence of witnesses shall be performed the same as [the procedures for] taking testimonies of litigants stipulated in clause 2 of article 86 of this Code. The statement of evidence of a witness who is under eighteen (18) years of age or has restricted capacity for civil acts shall be taken in the presence of his or her legal representative or guardian. Cross-examination [literally confrontation]

2.

3.

Article 88 1.

Upon the request of a concerned party or where the testimony of concerned parties or witnesses is considered inconsistent, the judge shall arrange cross-examination between various concerned parties or between a concerned party and a witness or between various witnesses. The cross-examination shall be included in a record which shall be signed by participants in the cross-examination. Inspection and evaluation on-the-spot

2.

Article 89 1.

The judge shall conduct an inspection or evaluation on-the-spot in the presence of a representative of the people's committee of a commune or body or organization of the place where the object required to be investigated or assessed is located and provide notification of the investigation or evaluation in advance to concerned parties for witnessing such investigation or evaluation. The investigation or evaluation on-the-spot shall be included in a record. The record shall specify the results of investigation or evaluation and describe the site and be signed by the investigator or evaluator and signed or fingerprinted by the concerned parties in the case where they are present, and by the representative of the people's committee of a commune or body or organization of the place where the object required to be investigated or assessed is located and by other invitees participating in the investigation or evaluation. Upon finalizing the record, the investigator or evaluator shall request the representative of the people's committee of a commune or body or organization of the place where the object required to be investigated or assessed is located to sign and affix a seal for confirmation. Seeking the opinion of an expert

2.

Article 90 1.

The judge shall, upon the agreement of the concerned parties or at the request of one or more concerned parties, make a decision seeking the opinion of an expert. The decision seeking the opinion of an expert shall specify the name and address of the expert and the object of the examination and issues to be examined and specific requirements on what conclusions the expert must make.

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2.

Upon receipt of the decision seeking the opinion of an expert, the expert shall conduct an examination in accordance with law. Where the judge considers that the opinion of the expert is incomplete or unclear or is in breach of law, he or she shall, at the request of one or more parties, make a decision on an additional examination or re-examination. The re-examination may be conducted by the expert who conducted the previous examination or by another professional organization in accordance with law. Seeking the opinion of an expert on evidence which is denounced as false evidence

3.

Article 91 1.

Where evidence is denounced as false evidence, the person who presented such evidence shall be entitled to withdraw [such evidence]; otherwise, the denouncing person shall be entitled to request the Court to seek the opinion of an expert in accordance with article 90 of this Code. Where the falsification of evidence has signs of a crime, the Court shall forward the matter to the authorized criminal investigation body. The person who gave the false evidence shall be obliged to pay compensation for any damage caused by the falsification of evidence to others. Valuation of assets

2.

3.

Article 92 1.

The Court shall make a decision to value assets in disputes in the following circumstances: (a) (b) At the request of one or more concerned parties; Where the parties agree on a low price for the purpose of tax evasion or reduction of the court fees payable.

2.

The Court shall issue a decision to establish a valuation council which comprises a chairman and other members being representatives of the financial body and other relevant professional bodies. The valuation council shall only carry out the valuation when all council members are present. Where necessary, a representative of the people's committee of a commune in which the property to be valued is located shall be invited to witness the valuation. The concerned parties shall be notified in advance of the time and place of valuation and shall be entitled to attend and present their opinion on the valuation. The valuation council shall have the right to decide on prices of the valued assets. The financial body and other relevant professional bodies shall be responsible for appointing their persons to join the valuation council and facilitating them in performance of their duties. The persons who are appointed to act as members of the valuation council shall be responsible for full participation in the valuation. The valuation must be included in a record specifying the opinion of each of the members and concerned parties if they attend. Any decision of the valuation council shall require more than fifty (50) per cent of the total votes of members in favour. The members of the valuation council, the concerned parties and the witnesses shall sign the record. Delegation [of power] to adduce evidence

3.

4.

Article 93 1.

During resolution of a civil affair, a court may issue a decision to delegate another court or competent body specified in clause 4 of this article the task of taking testimonies of concerned parties or witnesses or of conducting an evaluation on the spot or valuation of property or of taking other measures to gather evidence and verify details of the civil affair.
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2.

The decision on delegation must specify the names and addresses of the plaintiffs and the defendants and the disputed relationship, and the specific delegated task to adduce evidence. The court which receives the decision on delegation shall be responsible for performing the specific delegated works within thirty (30) days from the date of receipt of the decision on delegation and shall notify in writing its results to the Court which has made the decision on delegation; in the case where the delegated work is impossible to perform, it must notify the reasons for the failure to perform the delegated works to the Court which made the decision on delegation. Where the gathering of evidence must be conducted outside the territory of Vietnam, the Court shall carry out the procedures for delegation via a competent body of Vietnam or bodies conducting civil proceedings of a foreign country which has signed a judicial assistance agreement with Vietnam or together with Vietnam has acceded to an international treaty containing provisions on this matter. Requesting individuals, bodies and organizations to provide evidence

3.

4.

Article 94 1.

Where a concerned party which has taken necessary measures to gather evidence still fails to gather the evidence by itself, it may petition the Court to adduce evidence in order to ensure the proper resolution of the civil affair. The concerned party which petitions the Court to adduce evidence shall make an application specifying matters which need to be substantiated; evidence to be gathered; reasons why it is unable to gather [evidence]; full name and address of the individual, body or organization which is controlling or holding the evidence which needs to be adduced.

2.

The Court may request directly or in writing individuals, bodies or organizations which are controlling or holding the evidence to provide such evidence. The individuals, bodies or organizations which are controlling or holding such evidence shall be responsible for providing fully and timely the evidence at the request of the Court within fifteen (15) days from the date of receipt of the request.

Article 95 1. 2.

Preservation of evidence

Upon delivery of evidence at the Court, the Court shall be responsible for preserving the evidence. Where the evidence is unable to be delivered at the Court, the person currently holding such evidence shall be responsible for its preservation. Where it is necessary to deliver the evidence to a third person for preservation, the judge shall make a decision and prepare a record of delivery of [evidence] to such person for preservation. The person undertaking the preservation shall sign the record, shall be entitled to remuneration and shall be responsible for preserving such evidence. Evaluation of evidence

3.

Article 96 1. 2.

The evaluation of evidence must be objective, comprehensive, adequate and accurate. The Court must evaluate one by one, the link between evidence and determine the validity of each item of evidence.

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Article 97 1.

Disclosing and using evidence

Every item of evidence shall be publicly and equally disclosed and used, except for the cases specified in clause 2 of this article. The Court shall not disclose publicly evidence relating to State secrets, national fine customs, professional secrets, trade secrets or private secrets of individuals at the legitimate request of the concerned parties. Persons conducting proceedings and persons participating in proceedings must keep confidentiality in accordance with the law in respect of evidence which is not allowed to be disclosed publicly as specified in clause 2 of this article. Protecting evidence

2.

3.

Article 98 1.

Where evidence is being destroyed or is in danger of being destroyed or it will be difficult to gather the evidence in the future, any concerned party may submit an application to petition the Court to take necessary measures to preserve the evidence. The Court may decide to take one or a number of measures including sealing, keeping, photographing, audio-recording, video-recording, restoring, examining, making a record and other measures. Where a witness is threatened, controlled or bribed for the purpose of refusing to provide evidence or to supply untruthful evidence, the Court shall have the right to make a decision to compel the person who has conducted the act of threatening, controlling or bribing the witness to cease his or her act. Where the act of threatening, controlling or bribing [the witness] has signs of being a crime, the Court shall request the inspectorate to consider criminal liability.

2.

CHAPTER VIII Preliminary Injunctive Relief Article 99 1. Right to petition for the application of preliminary injunctive relief

During resolution of a case, any concerned party or its legal representative or a body or organization initiating a legal proceeding to protect the lawful rights and interests of other persons specified in clauses 1 and 2 of article 162 of this Code shall have the right to petition the Court of such proceeding to apply one or more preliminary injunctive relief measures stipulated in article 102 of this Code to provisionally resolve the urgent petition of the concerned party, to protect evidence, to preserve the status quo in order to avoid irrecoverable damage or to secure legal execution. In an emergency where it is necessary to immediately protect evidence or to prevent potential serious consequences, any individual, body or organization shall have the right to make an application to petition the competent Court to issue a decision to apply preliminary injunctive relief stipulated in article 102 of this Code at the same time as filing an application to such Court for initiation of a legal action. The Court shall only issue by itself a decision to apply preliminary injunctive relief in the cases specified in article 119 of this Code.

2.

3.

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Article 100 Powers to decide on the application, change or cancellation of preliminary injunctive relief measures 1. Prior to the commencement of a trial, the application, change or cancellation of preliminary injunctive relief shall be considered and decided by a judge. During a trial, the application, change or cancellation of preliminary injunctive relief shall be consider and decided by the council of adjudicators.

2.

Article 101 Responsibilities for application of improper preliminary injunctive relief measures 1. The applicant petitioning the Court to apply preliminary injunctive relief measures shall be responsible before the law for its petition. Where a petition for application of preliminary injunctive relief measures is improper causing damage to the person who is subject to the preliminary injunctive relief measures or to a third person, [the applicant] must pay compensation. Where the Court applies improper preliminary injunctive relief measures causing damage to the person who is subject to the preliminary injunctive relief measures or to a third person, the Court must pay compensation in the following circumstances: (a) (b) The Court has applied by itself the preliminary injunctive relief measures; The Court has applied a preliminary injunctive relief measure which is different from the preliminary injunctive relief measure requested by the individual, body or organization; The Court has applied a preliminary injunctive relief measure beyond the measure requested in the petition of the individual, body or organization for application of preliminary injunctive relief measures.

2.

(c)

Article 102 Preliminary injunctive relief measures [shall consist of] 1. Assigning a minor to an individual or organization to look after, nurture, take care of and educate such minor; Compelling the performance in advance of part of the obligation to support; Compelling the performance in advance of part of the obligation to compensate for damage caused by harm to life or health; Compelling the employer to pay in advance salaries, wages, compensation or subsidies for labourrelated accidents or occupational disease to employees. Temporarily suspending the implementation of a decision on dismissal of an employee. Attaching property in dispute. Prohibiting any transfer of property rights with respect to the property in dispute. Prohibiting any change in the status quo of the property in dispute. Permitting the harvest and sale of subsidiary food crops or of other products or commodities.

2. 3.

4.

5. 6. 7. 8. 9.

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10.

Freezing accounts at banks, other credit institutions and the State Treasury; freezing property at places of bailment. Freezing property of the obligor. Prohibiting a concerned party from conducting, or compelling a concerned party to conduct certain acts. Other preliminary injunctive relief measures as stipulated by law.

11. 12.

13.

Article 103 Assigning minors to individuals or organizations to look after, nurture, take care of, educate [the minors] The assignment of a minor to an individual or organization to look after, nurture, take care of, or educate the minor shall be applied if the resolution of the case relates to a minor who does not have any guardian. Article 104 Compelling performance in advance of part of the obligation to support The performance in advance of part of the obligation to support shall be compelled if the resolution of the case relates to a claim for support and such claim is considered well-grounded and the failure to immediately perform in advance part of the obligation to support will affect the health and/or life of dependants. Article 105 Compelling performance in advance of part of the obligation to pay compensation for damage caused by harm to health or life The performance in advance of part of the obligation to pay compensation for damage caused by harm to health or life shall be compelled if the resolution of the case relates to a claim for compensation for damage caused by harm to health or life and such claim is considered well-grounded and necessary. Article 106 Compelling an employer to pay in advance salaries, wages, compensation or subsidies for labour-related accidents or occupational disease to employees An employer shall be compelled to pay in advance salaries, wages, compensation or subsidies for labourrelated accidents or occupational disease to employees if the resolution of the case relates to a claim for payment of salary, wage, compensation or subsidies for a labour-related accident or occupational disease and such claim is considered well-grounded and necessary. Article 107 Temporarily suspending implementation of a decision on dismissal of an employee The implementation of a decision on dismissal of an employee shall be temporarily suspended if the resolution of the case relates to the dismissal of the employee and the decision on dismissal of the employee is considered illegal or seriously affects the life of the employee. Article 108 Attaching property in dispute 1. The attachment of property in dispute shall be applied if during resolution of the case, there is a ground demonstrating that the holder of the property in dispute is conducting the act of hiding or destroying the property. The attached property may be kept and preserved at the body for legal execution or delivered on the basis of the prepared record to a concerned party or third person for management up until the time when a decision of the Court is issued.
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Article 109 Prohibiting transfers of property rights with respect to property in dispute Any transfer of property rights with respect to property in dispute shall be prohibited if during resolution of the case, there is a ground demonstrating that the possessor or holder of the property in dispute is conducting the act of transferring the property rights with respect to the property in dispute to another person. Article 110 Prohibiting changes in the status quo of property in dispute Any change in the status quo of property in dispute shall be prohibited if during resolution of the case, there is a ground demonstrating that the possessor or holder of the property in dispute is conducting the act of dismantling, installing, constructing additional items or other acts for the purpose of changing the status quo of such property. Article 111 Permitting harvest and sales of subsidiary food crops or other products or commodities The harvest and sales of subsidiary food crops or other products and commodities shall be permitted if during resolution of the case involving the property in dispute or relating to a dispute, there are subsidiary food crops or other products or commodities, which are in the period of harvest or cannot be preserved for a long time. Article 112 Freezing accounts at banks, other credit institutions and the State Treasury Accounts at banks, other credit institutions and the State Treasury shall be frozen if during resolution of the case, there is a ground demonstrating that the obligor has accounts at banks, other credit institutions and the State Treasury and the application of this measure is necessary to secure resolution of the case or legal enforcement. Article 113 Freezing property at places of bailment Property shall be frozen at the place of bailment if during resolution of the case, there is a ground demonstrating that the obligor has the bailed property and the application of this measure is necessary to secure resolution of the case or legal enforcement. Article 114 Freezing property of obligors Property of an obligor shall be frozen if during resolution of the case, there is a ground demonstrating that the obligor has the property and the application of this measure is necessary to secure resolution of the case or legal enforcement. Article 115 Prohibiting or compelling performance of certain acts The performance of certain acts shall be prohibited or compelled if during resolution of the case, there is a ground demonstrating that a concerned party or other individuals, bodies or organizations are carrying out or are failing to carry out certain acts affecting the resolution of the case and lawful interests of other related person in the case which is being resolved by the Court. Article 116 Application of other preliminary injunctive relief measures In the cases provided by law, the Court shall be responsible for resolving petitions for application of preliminary injunctive relief measures other than those stipulated in clauses 1 to 12 of article 102 of this Code.
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Article 117 Proceedings for application of preliminary injunctive relief 1. The applicant petitioning the Court to grant preliminary injunctive relief must make application to the competent Court. Such application for preliminary injunctive relief must comprise the following principal contents: (a) (b) (c) (d) (dd) (e) Date of the application; Name and address of the applicant; Name and address of the person who is subject to preliminary injunctive relief; Summary of the dispute or act of infringing the lawful rights and interests of the applicant; Reasons for application of preliminary injunctive relief; Preliminary injunctive relief to be applied and specific requirements.

Subject to the petition for application of preliminary injunctive relief, the applicant must provide the Court with evidence to substantiate the necessity to grant such preliminary injunctive relief. 2 The cases of applications for preliminary injunctive relief specified in clause 1 of article 99 of this Code shall be considered and resolved by the presiding judge of the case. Within three days of the receipt of the application, if the applicant is not required to provide security or immediately after such persons provide security as stipulated in article 120 of this Code, the judge must issue a decision to grant preliminary injunctive relief; where the application is refused, the judge shall notify the applicant in writing of the reasons therefor. Where the council of adjudicators receives an application for preliminary injunctive relief during the trial, the council of adjudicators shall consider and issue a decision to grant preliminary injunctive relief immediately or after the applicant has provided security as stipulated in article 120 of this Code. 3. With respect to the cases of application for preliminary injunctive relief specified in clause 2 of article 99 of this Code, upon receipt of an application together with an application for a legal action and accompanying evidence, the presiding judge shall appoint one judge to accept and deal with the application. Within 48 hours of receipt of the application, the judge must consider and issue a decision to grant preliminary injunctive relief; where the application is refused, the judge shall notify the applicant in writing of the reasons therefor. In cases of application of preliminary injunctive relief specified in clauses 10 and 11 of article 102 of this Code, bank accounts or assets shall be frozen to the extent of the value equivalent to the property obligation to be performed by the person who is subject to the preliminary injunctive relief.

Article 118 Petitions for preliminary injunctive relief by bodies or organizations which initiate a legal action to protect rights and interests of others Any body or organization initiating a legal action to protect rights and interests of others set out in clauses 1 and 2 of article 162 of this Code shall make a petition in writing to the Court for preliminary injunctive relief specifying reasons therefor; preliminary injunctive relief to be granted; name and address of the person whose lawful rights and interests need to be protected; name and address of the person who is subject to preliminary injunctive relief; summary of the dispute or acts of infringing the lawful rights and interests of concerned parties; and evidence to substantiate that the petition is well-grounded and lawful.
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Article 119 Courts may on their own initiative issue decisions to grant preliminary injunctive relief The Court may on its own initiative issue a decision to grant the preliminary injunctive relief specified in clauses 1 to 5 of article 102 of this Code in cases where the concerned party does not petition for the application of such preliminary injunctive relief. Article 120 Compulsory provision of security 1. The applicant petitioning the Court to grant one of the preliminary injunctive relief measures specified in clauses 6, 7, 8, 10 and 11 of article 102 of this Code must deposit a sum of money, precious metals, gemstones or valuable papers which are fixed by the Court, but such deposit must be equivalent to the property obligation to be performed by the obligor aimed at protecting the interests of the person who is subject to the preliminary injunction and preventing any abuse of the right to petition for the application of preliminary injunctive relief by the applicant. With respect to the cases specified in clause 2 of article 99 of this Code, the time-limit for provision of security stipulated in this article shall not exceed 48 hours from the time of submission of an application. 2. The sum of money, precious metals, gemstones or valuable papers shall be deposited into an escrow account at a bank in the locality in which the office of the Court deciding to grant preliminary injunctive relief is located, within the time-limit fixed by the Court. Where security is provided on public holidays or weekends, the sum of money as security shall be kept at the Court. The Court shall carry out the procedures for receipt and immediately deposit such sum of money with the bank on the following working day. Article 121 Changing or granting additional preliminary injunctive relief When the preliminary injunctive relief currently being applied is deemed no longer suitable and it is necessary to change or grant additional preliminary injunctive relief, the procedures for change of or application of other preliminary injunctive relief measures shall be carried out in accordance with article 117 of this Code. Article 122 Cancellation of preliminary injunctive relief measures 1. The Court shall immediately issue a decision to revoke the granted preliminary injunctive relief in one of the following circumstances: (a) (b) The applicant who petitioned for preliminary injunctive relief requests the cancellation; The person who is obliged to execute the decision on application of preliminary injunctive relief has deposited property or has another person providing security for the performance of the obligation to the obligee. The civil obligation of the obligor has terminated in accordance with the Civil Code.

(c) 2.

In case of cancellation of preliminary injunctive relief, the Court shall consider and decide to enable the applicant petitioning for preliminary injunctive relief to receive back the sum of money, precious metals, gemstones or valuable papers as security stipulated in article 120 of this Code, except for the cases specified in clause 1 of article 101 of this Code.
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Article 123 Effect of decisions to grant, change or cancel preliminary injunctive relief measures 1. The decision to grant, change or cancel preliminary injunctive relief measures shall become effective immediately. The Court shall deliver or forward [copies of] the decision to grant, change or cancel preliminary injunctive relief measures to the applicant, to the person who is subject to the preliminary injunctive relief, to relevant individuals, bodies and organizations, to the competent body for execution of civil judgements and to the inspectorate of the same jurisdiction immediately after the issuance of such decision.

2.

Article 124 Complaints or petitions against decisions to grant, change or cancel or refuse to grant, change or cancel preliminary injunctive relief measures Any concerned party shall have the right to lodge a complaint, and the inspectorate shall have the right to lodge a petition against the decision to grant, change or cancel preliminary injunctive relief measures, or against the fact that the judge has refused to issue a decision to grant, change or cancel preliminary injunctive relief measures with the chief justice of the Court which is resolving the case. The time-limit for a complaint or petition shall be three working days from the date of receipt of the decision to grant, change or cancel preliminary injunctive relief measures or the response of the judge on the refusal to issue a decision to grant, change or cancel preliminary injunctive relief measures. Article 125 Resolving complaints and petitions against decisions to grant, change or cancel or refuse to grant, change or cancel preliminary injunctive relief measures 1. The chief justice of the Court shall consider and resolve a complaint or petition specified in article 124 of this Code within three working days from the date of receipt of the complaint or petition. The decision of the chief justice on resolution of the complaint or petition shall be final and must be delivered or forwarded immediately in accordance with clause 2 of article 123 of this Code. During the trial, the resolution of complaints and petitions shall be subject to the jurisdiction of the council of adjudicators. The decision of the council of adjudicators on resolution of the complaint or petition shall be final.

2.

3.

Article 126 Executing decisions to grant, change or cancel preliminary injunctive relief measures 1. Decisions to grant, change or cancel preliminary injunctive relief measures shall be executed in accordance with the laws on execution of civil judgments. In cases of decisions to grant preliminary injunctive relief measures in respect of property with registration of ownership rights, the concerned party shall be obliged to submit a copy of the decision to the body in charge of registration of ownership rights.

2.

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CHAPTER IX Court Fees, Charges and Other Judicial Expenses SECTION 1 Court Fees and Charges Article 127 Court fee deposits, charge deposits, court fees and charges 1. Court fee deposits shall comprise court fee deposits for first instance hearings and court fee deposits for appeal hearings. Court fees shall comprise court fees for first instance hearings and court fees for appeal hearings. Charges shall include charges for provision of copies of judgments, decisions or other papers of the Court, charges for lodgement of petitions with the Court to resolve civil matters, charges for resolution of civil matters and other charges stipulated by law.

2. 3.

Article 128 Dealing with court fee deposits, charge deposits and paid court fees and charges 1. All collected court fees and charges must be paid in full and in a timely manner into the State Budget via the State Treasury. Court fee deposits and charge deposits shall be paid to the body for legal execution for transfer into an escrow account opened at the State Treasury and then shall be withdrawn for legal execution under a decision of the Court.. In cases where a person who has paid a court fee deposit or charge deposit must bear a court fee or charge, the paid deposit must be paid to the State Budget immediately after the judgement or decision of the Court is legally enforceable. In cases where a person who has paid a court fee deposit or charge deposit is entitled to a refund of all or part of the amount already paid under the judgement or decision of the Court, the body for legal execution which has collected the court fee deposit or charge deposit shall carry out the procedures for refund of the money to such person. 4. Where the resolution of a civil affair is temporarily suspended, the paid court fee deposit or charge deposit shall be dealt with upon the resumption of the resolution of the affair.

2.

3.

Article 129 Regime of collection and payment of court fee deposits, charge deposits, court fees and charges The collection of court fee deposits and court fees or charge deposits and charges; and the payment of court fee deposits or charge deposits shall be subject to law. Article 130 Obligation to pay court fee deposits and charge deposits 1. A plaintiff, a defendant counterclaiming against a plaintiff or a person with related rights and liabilities who makes an independent claim in a civil case must pay a court fee deposit for first instance hearings; and persons who lodge an appeal in accordance with the appellate proceedings must pay a court fee deposit for the appeal hearings, except for the cases where a court fee deposit is exempted or is not required to be paid.
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2.

A person who lodges a petition with the Court for resolution of a civil matter must pay a charge deposit for resolution of such civil matter, except for the cases where a charge deposit is not required to be paid.

Article 131 Obligation to pay court fees for first instance hearings 1. The litigants shall bear court fees for first instance hearings in the case where their claim is not accepted by the Court except for the cases where a court fee for first instance hearings is exempted or is not required to be paid. Where the litigants cannot determine by themselves their own share of multiple ownership property, and petition the Court to divide such multiple ownership property, each litigant must pay the court fee for first instance hearings corresponding to the value of share of the property to which such litigant is entitled. Prior to the commencement of a court hearing, the Court shall carry out conciliation and if the parties reach an agreement on settlement of the case, they shall only bear fifty (50) per cent of the court fees for first instance hearings stipulated in clauses 1 and 2 of this article. A plaintiff in a divorce case must pay a court fee for first instance hearings regardless of whether or not the claim of the plaintiff is accepted by the Court. In cases of divorce by consent of both parties, each concerned party shall bear half of the court fee for first instance hearings. If a litigant in a case is exempt from payment of a court fee for first instance hearings, other litigants shall still be liable to pay a court fee for first instance hearings as stipulated in clauses 1 to 4 of this article. Where the resolution of a case is temporarily suspended, the obligation to pay the court fee shall be determined upon the resumption of the resolution of the case in accordance with clauses 1 to 5 of this article.

2.

3.

4.

5.

6.

Article 132 Obligation to pay court fees for appeal hearings 1. Appellants shall pay court fees for appeal hearings where the appellate court upholds the judgment or decision of the first instance court which is subject to the appeal, except for the cases where a court fee for appeal hearings is exempted or is not required to be paid. Where the appellate court varies the judgment or decision of the first instance court which is subject to the appeal, the appellant shall not be required to pay a court fee for appeal hearings; the appellate court must re-determine the obligation to pay a court fee for first instance hearings in accordance with article 131 of this Code. Where the appellate court sets aside the judgment or decision of the first instance court which is subject to the appeal in order to conduct first instance hearings, the appellant shall not be required to pay a court fee for appeal hearings; and the obligation to pay a court fee shall be re-determined upon retrial of the case.

2.

3.

Article 133 Obligation to pay charges The obligation to pay charges shall be subject to each specific type of civil matter and as stipulated by law.

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Article 134 Specific provisions on court fees and charges Court fees, rates of court fees applicable to each specific type of case, types of charges and the specific rates of charges, cases where a court fee deposit or charge deposit is exempted or is not required to be paid, cases where a court fee, or charge is exempted or is not required to be paid and other specific issues relating to court fees and charges not covered by this Code shall be provided by the Standing Committee of the National Assembly. SECTION 2 Other Expenses for Proceedings Article 135 Deposits for expenses of examination and expenses of examination 1. The deposit for expenses of examination is a sum of money estimated by an organization or individual whose opinion is sought by the Court in order to conduct the examination in accordance with a decision of the Court. The expense of examination is the reasonable and necessary amount of money which is payable for the examination and is calculated, on the basis of the provisions of law, by the organization or individual conducting the examination.

2.

Article 136 Obligation to pay deposits for expenses of examination 1. A person who seeks the opinion of an expert shall pay a deposit for expenses of examination, unless otherwise agreed by the parties or stipulated by law. In cases where the concerned parties agree to select an organization to conduct the examination or jointly request the examination of the same object, each litigant shall pay half of the deposit for expenses of examination, unless otherwise agreed by the parties or stipulated by law.

2.

Article 137 Dealing with paid deposits for expenses of examination 1. Where a person who has paid a deposit for expenses of examination is not required to pay expenses of examination, the person who must pay expenses of examination under a decision of the Court shall make a refund to the person who has paid the deposit for expenses of examination. Where a person who has paid a deposit for expenses of examination is required to pay expenses of examination, if the paid deposit is not sufficient for the actual expenses of examination, he or she shall pay the shortfall; if the paid deposit is greater than the actual expenses of examination, he or she shall be entitled to a refund of the excessive amount.

2.

Article 138 Obligation to pay expenses of examination Unless otherwise agreed by the parties or stipulated by law, the obligation to pay expenses of examination shall be determined as follows: 1. The person who requested the opinion of an expert shall pay expenses of examination if the result of examination substantiates that the request of such person is groundless;

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2.

The person who does not accept the request for the opinion of an expert shall pay expenses of examination if the result of examination substantiates that the request of the person who requested the opinion of an expert was well grounded.

Article 139 Deposits for expenses of valuation and expenses of valuation 1. The deposit for expenses of valuation is a sum of money estimated by a valuation council in order to conduct the valuation in accordance with a decision of the Court. The expenses of valuation are the reasonable and necessary amount of money which is payable for the valuation and is calculated by the valuation council on the basis of the provisions of law.

2.

Article 140 Obligation to pay deposits for expenses of valuation 1. The person who requests the valuation shall pay a deposit for expenses of valuation, unless otherwise agreed by the parties or stipulated by law. In cases where the concerned parties disagree on a price and request the Court to carry out an valuation or in the case specified in article 92.1(b) of this Code, each litigant shall pay half of the deposit for expenses of valuation.

2.

Article 141 Dealing with paid deposits for expenses of valuation 1. Where a person who has paid a deposit for expenses of valuation is not required to pay expenses of valuation, the person who must pay expenses of valuation under a decision of the Court shall make a refund to the person who paid such deposit for expenses of valuation. Where a person who paid a deposit for expenses of valuation is required to pay expenses of valuation, if the paid deposit is not sufficient for the actual expenses of valuation, he or she shall pay the shortfall; if the paid deposit is greater than the actual expenses of valuation, he or she shall be entitled to a refund of the excess amount.

2.

Article 142 Obligation to pay expenses of valuation Unless otherwise agreed by the parties or stipulated by law, the obligation to pay expenses of valuation shall be determined as follows: 1. The person who requested the valuation shall pay expenses of valuation if the result of valuation substantiates that the request of such person was groundless. The person who does not accept the request for the valuation shall pay expenses of valuation if the result of the valuation substantiates that the request of the person requesting the valuation was well grounded. Where the parties disagree on a price and request the Court to carry out a valuation, each concerned party shall pay half of the deposit for expenses of valuation. In the case where the Court makes a decision on valuation stipulated in article 92.1.(b) of this Code: (a) Each concerned party shall pay half of the expenses of valuation if the result of valuation substantiates that the decision on valuation of the Court was well grounded.

2.

3.

4.

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(b)

The Court shall pay expenses of valuation if the result of valuation substantiates that the decision on valuation of the Court was groundless;

5.

In the case of valuation for the purpose of division of multiple ownership property, each owner shall bear a share of expenses of valuation in proportion to the value of his or her distributed share of the property.

Article 143 Expenses for witnesses 1. 2. Reasonable and actual expenses for witnesses shall be borne by the concerned parties. A person who requests the Courts to summons a witness shall bear expenses for such witness, if the testimony of the witness is truthful but is not correct in terms of the claim of the person who made the request. If the testimony of the witness is truthful and correct in terms of the claim of the person who requested the witness to be summonsed, these expenses shall be borne by the concerned party which makes a claim independent from the claim of the former party.

Article 144 Expenses for interpreters and lawyers 1. Expenses for an interpreter means the sum of money payable to the interpreter during resolution of a civil affair in accordance with the agreement between the concerned party and the interpreter or the provisions of law. Expenses for a lawyer means the sum of money payable to the lawyer in accordance with the agreement between the concerned party and the lawyer within the scope stipulated by the lawyer's office and the provisions of law. Expenses for an interpreter or lawyer shall be borne by the person who has made the request, unless otherwise agreed by the concerned parties. Where the Court requests an interpreter [to be present], expenses for the interpreter shall be paid by the Court.

2.

3.

4.

Article 145 Specific provisions on other expenses for proceedings Specific expenses for examination or valuation and specific expenses for witnesses, interpreters or lawyers shall be provided by the Standing Committee of the National Assembly.

CHAPTER X Issuance, Service and Notification of Legal Process Article 146 Obligation to issue, serve or notify legal process The courts, inspectorates and bodies for legal execution shall be obliged to issue, serve or notify legal process to concerned parties, other persons participating in proceedings and related individuals, bodies and organizations in accordance with this Code. Article 147 Legal process to be issued, served or notified 1. Judgments and decisions of the Court.
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2. 3. 4.

Applications for a legal action, appeals, decisions on protest. Written notices, summons, invitations in civil proceedings. Receipts of payment of court fee deposits or charge deposits, court fees, charges and other expenses. Other legal process as stipulated by law.

5.

Article 148 Persons carrying out the issuance, service or notification of legal process 1. The issuance, service of process or notification of legal process shall be carried out by the following persons: (a) Persons conducting proceedings or persons of the body issuing the legal process who are assigned with the duty to issue, serve or notify the legal process; The people's committee of a commune in which the residence of the person participating in the civil proceedings is located or the body or organization for which the person participating in the civil proceedings works as requested by the Court; The litigants, their representatives or persons protecting the lawful rights and interests of litigants in the cases stipulated by this Code; Postmen; Other persons stipulated by law.

(b)

(c)

(d) (dd) 2.

Any person who is obliged to carry out the issuance, service or notification but fails to strictly perform his or her duty shall, depending on the nature and seriousness of the breach, be subject to disciplinary action, administrative penalty or prosecution for criminal liability; and if loss is caused must pay compensation for loss in accordance with law.

Article 149 Methods of issuing, serving or notifying legal process The issuance, service or notification of legal process may be performed in accordance with the following methods: 1. 2. 3. Issuance, service or notification is carried out directly or by post or via the authorized third person; Public display; Notification on mass media.

Article 150 Legality of the issuance, service or notification of legal process 1. The issuance, service or notification of legal process which is carried out in accordance with the provisions of this Code shall be deemed to be proper. Any person who has the obligation to carry out the issuance, service or notification of legal process must perform [such obligation] in accordance with the provisions of this Code.
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A person who has the obligation to implement a legal process which has been properly issued, served or notified must strictly implement [such legal process]; where [such person] fails to implement or implement improperly, he or she shall, depending on the nature and seriousness of the breach, be subject to disciplinary action, administrative penalty or prosecution for criminal liability; and must pay compensation for any loss caused in accordance with law. Article 151 Procedures for issuance, service or direct notification A person who carries out the issuance, service or notification of a legal process shall deliver the legal process directly to the person who is issued, served or notified with the relevant legal process. The person who is issued, served or notified with the relevant legal process shall sign a record or book of delivery of legal process. The point of time for calculation of the time-limit for proceedings shall be the date on which he or she is issued, served or notified with the legal process. Article 152 Procedures for issuance, service or direct notification to individuals 1. Where the person who is issued, served or notified [of a legal process] is an individual, such legal process shall be delivered directly to such person. Where a person who is issued, served or notified [of a legal process] is absent, such legal process may be delivered to his or her relative who has full capacity for civil acts and lives in the same place of residence with the former in order to sign for confirmation of receipt and he or she shall be requested to undertake to deliver directly and promptly to the person who is issued, served or notified [of a legal process]. The date of signing for confirmation of receipt by the relative who lives in the same place of residence shall be deemed to be the date of issuance, service or notification. Where a person who is issued, served or notified [of a legal process] does not have any relative with full capacity for civil acts living in the same place of residence or does not have a relative but such relative refuses to receive on behalf of the former the legal process, such legal process may be delivered to the head of a group of residents in urban areas or the head of a hamlet, village, mountainous village or highland village (hereinafter referred to as the head of a group of residents in urban areas) or the people's committee or police authority of a commune, ward or township in which the place of residence of the person who is issued, served or notified [of a legal process] is located and such persons shall be requested to undertake to deliver directly and promptly to the person who is issued, served or notified [of a legal process]. 3. Where the issuance, service or notification is carried out via another person, the person carrying out [the issuance, service or notification] shall prepare a record specifying the fact that the person who is issued, served or notified [of a legal process] is absent, to whom the legal process is delivered; reasons; time of delivery; their relationship; undertaking to deliver the legal process directly and promptly to the person who is issued, served or notified [of a legal process]. The record shall be signed by the person who accepts to deliver the legal process and the person who carries out the issuance, service or notification and a witness. Where the person who is issued, served or notified [of a legal process] has removed to a new address, the issuance, service or notification shall be carried out at his or her new address. Where the person who is issued, served or notified [of a legal process] is absent and the time of his return or his or her address is unidentified, the person who carries out the issuance, service or notification shall prepare a record on the failure to carry out the issuance, service or notification with the signature of the person providing information.

2.

4.

5.

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6.

Where the person who is issued, served or notified [of a legal process] refuses to receive the legal process, the person who carries out the issuance, service or notification shall prepare a record specifying the reason of the refusal, bearing the certification of the head of a group of residents in urban areas, people's committee or police authority of a commune, ward or township regarding the fact that such person has refused to receive the legal process.

Article 153 Procedures for direct issuance, service or notification to bodies and organizations Where a person who is issued, served or notified [of a legal process] is a body or organization, the legal process shall be delivered directly to the legal representative or person in charge of receipt of documents of such body or organization and the signature of such person for confirmation of receipt shall be required. Where a body or organization which is issued, served or notified [of a legal process] has its representative participating in the proceeding or delegates its representative to receive legal process, the signature of such persons for confirmation of receipt of the legal process shall be required. Date of signing for confirmation of receipt shall be the date of issuance, service or notification. Article 154 Procedures for public display 1. The public display of a legal process shall only be carried out when the whereabouts of the person who is issued, served or notified [of a legal process] is unidentified or direct issuance, service or notification is unable to be carried out. The Court shall directly carry out, or authorize the people's committee of a commune where the place of residence or the last place of residence of the person who is issued, served or notified [of a legal process] is located to carry out the public display of the legal process in accordance with the following procedures: (a) Displaying the original copy at the office of the Court or of the people's committee of a commune where the place of residence or the last place of residence of the person who is issued, served or notified [of a legal process] is located; Displaying a photocopy at the place of residence or the last place of residence of the person who is issued, served or notified [of a legal process]; Preparing a record of the performance of the procedures for public display specifying the date of display.

2.

(b)

(c)

3.

The period of public display of a legal process shall be fifteen (15) days from the date of display.

Article 155 Procedures for notification on mass media 1. Notification on mass media shall only be carried out when the law so provides or there are grounds to determine that public display will not ensure that the person who is issued, served or notified [of a legal process] will receive information on the legal process which is required to be issued, served or notified. Notification on mass media may be carried out if other concerned parties so request. concerned parties shall bear charges for notification on the mass media. 2. Such

The notice on mass media shall be published in three consecutive issues of a central daily newspaper and broadcasted by the central radio station or television station three times over three consecutive days.
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Article 156 Notification of results of issuance, service or notification of legal process Where a person carrying out the issuance, service or notification of a legal process is not the Court or the body issuing such legal process or an official of such body, such person shall notify promptly the Court or the body issuing such legal process of the result of the issuance, service or notification of the legal process.

CHAPTER XI Time-limits for Proceedings Article 157 Time-limits for proceedings 1. The time-limit for proceedings shall be the length of time calculated from one point of time to another for a person conducting proceedings, a person participating in proceedings or a concerned individual, body or organization to carry out legal acts stipulated by this Code. A time-limit may be calculated by reference to hours, days, weeks, months or years, or by reference to the happening of an event.

2.

Article 158 Application of the provisions of the Civil Code in relation to time-limits The methods of calculating time-limits for proceedings and provisions on time-limits for proceedings and points of time for commencing or ending time-limits for proceedings in this Code shall be applied in accordance with the relevant provisions of the Civil Code. Article 159 Time-limits for initiation of a legal action and time-limits for lodgement of a petition 1. The limitation period for initiating a legal action is the time-limit within which a subject has the right to initiate a legal action to petition the Court to settle a civil case in order to protect its lawful rights and interests which are infringed; if such time-limit expires, the right to initiate a legal action shall be lost, unless otherwise stipulated by law. The limitation period for lodging a petition is the time-limit within which a subject has the right to petition the Court to settle a civil matter in order to protect the lawful rights and interests of an individual, body or organization, public interests or interests of the State. If such time-limit expires, the right to lodge a petition shall be lost, unless otherwise stipulated by law. Time-limits for initiation of a legal proceeding and time-limits for lodgement of a petition shall be provided as follows, unless the law otherwise provides: (a) The limitation period for initiating a legal action to petition the Court to settle a civil case shall be two years from the date on which the lawful rights and interests of an individual, body or organization, public interests or interests of the State are infringed; The limitation period for lodging a petition for the Court to settle a civil matter shall be one year from the date on which the right to petition is created.

2.

3.

(b)

Article 160 Application of the provisions of the Civil Code in relation to limitation periods The provisions of the Civil Code in relation to limitation periods shall apply to civil proceedings.

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PART II Resolution Procedures for Cases at the Court of first instance

CHAPTER XII Initiation of Legal Actions and Acceptance of Jurisdiction by the Court Article 161 Right to initiate a legal proceeding Any individual, body or organization shall have the right to initiate by itself or by its legal representative a legal proceeding (hereinafter referred to as the applicant) to petition a competent Court to protect its lawful rights and interests. Article 162 Right to initiate a civil proceeding to protect the lawful rights and interests of another person, public interests and interests of the State 1. The body in charge of population, family and children or the Women' Union shall, depending on its duties and powers, be entitled to initiate a legal proceeding in relation to marriage and family in the cases provided by the Law on Marriage and Family. The trade union at the higher level of the trade union of an enterprise shall have the right to initiate a labour legal proceeding in cases where it is deemed necessary to protect the lawful rights and interests of a labour collective as stipulated by law. Any body or organization shall, depending on its duties and powers, have the right to initiate a civil legal proceeding to petition the Court to protect the public interests or interests of the State in the field under its authority.

2.

3.

Article 163 Scope of initiation of a legal proceeding 1. An individual, body or organization may initiate a legal proceeding against one or several other individuals, bodies or organizations in relation to one or several legal relations which are related to each other for settlement in the same case. Several individuals, bodies or organizations may jointly initiate a legal proceeding against another individual, body or organization in relation to one or several legal relations which are related to each other for settlement in the same case. The competent individuals, bodies or organizations set out by this Code may initiate a legal proceeding against one or several other individuals, bodies or organizations in relation to one or several legal relations which are related to each other for settlement in the same case.

2.

3.

Article 164 Form and contents of application for initiation of a legal proceeding 1. An individual, body or organization initiating a legal proceeding shall prepare an application for a legal action. An application shall contain the following main contents: (a) The date of the application;
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2.

(b) (c) (d) (dd) (e) (g)

The name of the Court receiving the application; The name and address of the applicant; The name and address of any person with protected rights and interests, if any. The name and address of the respondent; The name and address of any person with related rights and obligations, if any; Specific matters which the Court is petitioned to settle in respect of the respondent or persons with related rights and obligations; The full name and address of a witness, if any; Documents or evidence substantiating that the application for a legal action is well grounded and lawful; Other information which the applicant considers necessary for settlement of the case; The applicant being an individual shall sign or fingerprint; in the case of a body or organization initiating a legal action, the legal representative of such body or organization shall sign and affix its seal at the end of the application.

(h) (i)

(k) (l)

Article 165 Documents and evidence attached to applications for initiation of a legal action The applicant shall enclose documents or evidence with the application in order to substantiate that its claim is well grounded and lawful. Article 166 Lodgement of applications for initiation of a legal action with the Court 1. The applicant shall lodge the application and enclosed documents and evidence to the competent Court for settlement of the case by any of the following ways: (a) (b) 2. Lodging directly with the Court; Sending by post to the Court.

The date of initiation of a legal action shall be calculated from the date on which the applicant lodges the application with the Court or the date indicated in the date stamp postmark affixed by the sending post office.

Article 167 Procedures for receipt of applications for initiation of a legal action The Court shall receive an application for initiation of a legal action which is lodged directly or mailed by the applicant to the Court and shall record it in the book of receipt of applications. Within five working days from the date of receipt of the application, the Court shall consider and make one of the following decisions: 1. 2. To carry out the procedures for acceptance of the case if the case falls under its jurisdiction; To transfer the application to the court with the appropriate jurisdiction and inform the applicant if the case falls within the jurisdiction of another court;
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3.

To return the application to the applicant if the case does not fall under the jurisdiction of the Court.

Article 168 Returning applications for initiation of a legal action 1. The Court shall return an application in the following circumstances: (a) (b) The limitation period for initiating a legal action has expired; The applicant does not have the right to initiate a legal action or foes not have full capacity for acts in civil proceedings; The matter has been resolved by a legally enforceable judgment or decision of a Court or other authorized body except for the cases in which the Court has dismissed an application for divorce or change of [person] raising a child or change of level of support or level of compensation for damage or cases for recovery of leased or borrowed property or recovery of rented or a borrowed house or house for living with the house owner and in which the Court has not accepted the petition because all conditions for initiation of a legal action are not satisfied. The time-limit which has been notified in accordance with the provisions of article 171.2 of this Code has expired but the applicant has not come to the Court to carry out the procedures for acceptance of the case, unless [the applicant] has appropriate reasons; All conditions for initiation of a legal action are not satisfied; The case does not fall within the jurisdiction of the Court.

(c)

(d)

(dd) (e) 2.

Upon return of the application, the Court shall specify in writing the reasons for return of the application.

Article 169 Request for amendments and additions to an application for initiation of a legal action 1. Where an application does not contain all contents stipulated in article 164.2 of this Code, the Court shall notify the matter to the applicant to enable the applicant to make amendments and additions within a time-limit fixed by the Court, but such time-limit shall not exceed thirty (30) days; in special cases, the Court may extend such time-limit but the extension shall not exceed fifteen (15) days. Where the applicant has made the amendments and additions to the application in accordance with article 164.2 of this Code, the Court shall continue the acceptance of the case; if the applicant fails to make the amendments and additions at the request of the Court, the Court shall return the application and enclosed documents or evidence to the applicant.

2.

Article 170 Complaints and resolution of complaints regarding the return of an application for initiation of legal action 1. Within three working days from the date of receipt of the application for initiation of a legal action and enclosed documents or evidence returned by the Court, the applicant shall have the right to lodge a complaint with the chief justice of the Court which has returned the application. Within three working days from the date of receipt of the complaint regarding the return of the application, the chief justice of the Court shall issue one of the following decisions:
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(a) (b)

To uphold the return of the application; To accept the re-filing of the application and enclosed documents or evidence in order to carry out the acceptance of the case.

Article 171 Acceptance of cases 1. Upon receipt of an application and enclosed documents and evidence, where the Court considers that the case falls within its jurisdiction, it shall immediately notify the applicant thereof to enable the applicant to come to the Court to carry out the procedures for payment of a court fee deposit in the case where the applicant is required to pay a court fee deposit. The Court shall estimate a court fee deposit and state it in the notification note which shall be given to the applicant for payment of the court fee deposit. Within a period of fifteen (15) days from the date of receipt of the notification note on payment of a court fee deposit from the Court, the applicant must pay the court fee deposit. The Court shall accept the case when the applicant submits a receipt for the payment of a court fee deposit. Where the applicant is entitled to exemption from, or is not required to make, payment of a court fee deposit, the Court shall accept the case upon receipt of the application and enclosed documents or evidence.

2.

3.

4.

Article 172 Appointment of a judge to resolve a case 1. Within a time-limit of three working days from the date of acceptance of the case, the chief justice of the Court shall appoint a judge to resolve the case. During settlement of the case, where the appointed judge is unable to perform his or her duties, the chief justice of the Court shall appoint another judge to perform such duties; where there is no standby judge during the trial, the case must be heard again from the beginning.

2.

Article 173 Duties and powers of a judge upon preparation of case files 1. 2. 3. Notifying the acceptance of the case. Requesting concerned parties to lodge documents and evidence with the Court. Taking one or a number of measures to collect evidence in accordance with article 85.2 of this Code.

Article 174 Notification of acceptance of a case 1. Within a time-limit of three working days from the date of acceptance of a case, the Court shall give notification in writing that it has accepted the case to the defendant, individuals, bodies and organizations with rights and obligations relating to the settlement of the case and the inspectorate of the same jurisdiction. The written notification shall contain the following main contents: (a) (b) The date of the written notification; The name and address of the Court accepting the case;
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2.

(c) (d) (dd)

The name and address of the applicant; Specific matters that the applicant has petitioned the Court to resolve; A list of documents and evidence which are enclosed with the application for initiation of a legal action; The time-limit for the person who is given the notification to lodge his or her opinion in writing opposing the claim of the applicant and attached documents or evidence, if any, with the Court. Legal effects in the case where the person who is given the notification fails to lodge his or her opinion in writing against the claim with the Court.

(e)

(g)

Article 175 Rights and obligations of persons who are given notification 1. During a period of fifteen (15) days from the date of receipt of notification, a person who is given the notification must lodge his or her opinion in writing opposing the claim of the applicant and attached documents or evidence, if any, with the Court. Where an extension of such period is required, the person who is given the notification shall submit an application for an extension to the Court specifying the reasons therefor; where the application for an extension is well grounded, the Court shall grant an extension, but it shall not exceed fifteen (15) days. 2. The person who is given the notification shall have the right to petition the Court to allow him or her to view, take a note or photocopy the application for initiation of a legal action and the attached documents or evidence.

Article 176 Right of defendants to counter-claim 1. Apart from the lodgement of its opinion in writing against the claim of the applicant with the Court, the defendant shall have the right to counter-claim against the applicant: The counter-claim of the defendant against the applicant shall be accepted in one of the following cases: (a) (b) The counter-claim for the obligation is to offset against the claim of the applicant; The acceptance of the counter-claim will result in the exclusion of all or part of the claim of the applicant; There is a connection between the counter-claim and the claim of the applicant and if they are resolved in the same case, the resolution of the case will be more accurate and quicker.

2.

(c)

Article 177 Right of persons with related rights and obligations to make an independent claim Where a person with related rights and obligations does not participate in proceedings together with the plaintiff or defendant, he or she shall have the right to make an independent claim upon satisfying the following conditions: 1. The resolution of the case is related to his or her rights and obligations;
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2. 3.

His or her independent claim is related to the case under resolution; Where his or her independent claim is resolved in the same case, the resolution of the case will be more accurate and quicker.

Article 178 Procedures for counter-claims and independent claims The procedures for counter-claims and independent claims shall be carried out in accordance with the provisions of this Code in relation to the proceedings for initiation of a legal action by applicants.

CHAPTER XIII Conciliation and Preparation for Trial Article 179 Time-limit of preparation for trial 1. Time-limits of preparation of cases of all types shall be provided as follows: (a) With respect to the cases specified in articles 25 and 27 of this Code, the time-limit shall be four months from the date of acceptance of the case. With respect to the cases specified in articles 29 and 31 of this Code, the time-limit shall be two months from the date of acceptance of the case.

(b)

With respect to cases of a complex nature or due to an objective obstruction, the chief justice of the Court may decide to extend the time-limit of preparation for trial, but [the extension] shall not exceed two months in respect of the cases referred to in paragraph (a) and one month in respect of the cases referred to in paragraph (b) of clause 1 of this article. 2. During the period of preparation for trial stipulated in clause 1 of this article, subject to each case, the Court shall issue one of the following decisions: (a) (b) (c) (d) 3. To acknowledge the settlement by the parties; To temporarily suspend the resolution of the case; To suspend the resolution of the case; To bring the case to a hearing;

Within a period of one month from the date of the decision bringing the case to a hearing, the Court shall conduct a trial; in cases where there are proper reasons, this period shall be two months.

Article 180 Principles of conciliation 1. During the period of preparation for trial at first instance, the Court shall carry out conciliation to enable the parties to reach an agreement on settlement of the case, except for the cases in which the reconciliation is not allowed or is unable to be carried out as stipulated in articles 181 and 182 of this Code.

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2.

The conciliation shall be carried out on the following principles: (a) Respecting the voluntary agreement of the concerned parties, not using force or a threat to use force or compelling the concerned parties to make an agreement contrary to their will; Contents of the agreement between the concerned parties shall not be contrary to law or social morality.

(b)

Article 181 Civil cases in which conciliation is not allowed 1. 2. Claims for compensation causing damage to State property. Civil cases arising from transactions which are contrary to law or social morality.

Article 182 Civil cases in which conciliation is unable to be carried out 1. 2. 3. A defendant who has been properly summonsed by the Court intentionally fails to appear twice. Any concerned party cannot participate in the conciliation due to proper reasons. A concerned party being the wife or husband in a divorce case is the person who has lost the capacity for civil acts.

Article 183 Notification of a conciliation meeting Before holding a conciliation meeting, the Court shall notify the concerned parties or their legal representatives of the time and place of the conciliation meeting and matters which should be conciliated. Article 184 Composition of a conciliation meeting 1. 2. 3. The judge who shall preside over the conciliation meeting. The court clerk who shall prepare a minutes of the conciliation. The concerned parties or their legal representatives. In a case with several concerned parties where one of them is absent from the conciliation meeting, but the concerned parties which are present still agree to carry out the conciliation and such conciliation does not affect the rights and obligations of the absent party, the judge shall carry out the conciliation between the concerned parties present; if the parties request the adjournment of the conciliation meeting to enable all parties to the cases to be present, the judge shall adjourn the conciliation meeting. 4. An interpreter, if a concerned party does not know the Vietnamese language.

Article 185 Contents of conciliation Upon carrying out the conciliation, the judge shall let the parties know the provisions of the laws relating to the resolution of the case to enable the parties to relate them to their rights and obligations and analyse the legal effects of the settlement to enable them to voluntarily agree with each other on the resolution of the case.

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Article 186 Minutes of the conciliation 1. The conciliation shall be recorded by the court clerk in a minutes. The minutes of the conciliation shall contain the following main contents: (a) (b) (c) (d) (dd) 2. The date of the conciliation meeting; The place of the conciliation meeting; The parties participating in the conciliation meeting; The opinions of the concerned parties or their legal representatives; The matters which the concerned parties agree or cannot agree with each other.

The minutes of the conciliation must be signed or fingerprinted by all concerned parties present at the conciliation meeting, the court clerk who has recorded the minutes and the judge who presided over the conciliation meeting. Where the parties reach an agreement on the matters which must be resolved in the civil case, the Court shall prepare a record of the settlement. Such record shall be forwarded promptly to the concerned parties participating in the conciliation.

Article 187 Issuing a decision acknowledging the settlement of parties 1. Where no concerned party changes its opinion about such agreement within the time-limit of seven (7) days from the date of preparation of the record of the settlement, the judge presiding over the conciliation meeting or a judge assigned by the chief justice of the Court shall issue a decision acknowledging the settlement of the concerned parties. Within the time-limit of five working days from the date of issuance of the decision acknowledging the settlement of the concerned parties, the Court shall forward such decision to the concerned parties and the inspectorate of the same jurisdiction. 2. The judge shall only issue a decision acknowledging the settlement of the concerned parties if they agree with each other on the resolution of the whole of the case. In the case specified in article 184.3 of this Code, where the concerned parties present [at the conciliation] agree with each other on the resolution of the case, the agreement shall only be valid in respect of such concerned parties and shall be acknowledged under a decision issued by the judge if [their agreement] does not affect the rights and obligations of the absent concerned party. Where their agreement affects the rights and obligations of the absent concerned party, such agreement shall only be valid and shall be acknowledged under a decision issued by the judge if [such agreement] agreed in writing by the party absent at the conciliation meeting.

3.

Article 188 Legal effect of the decision acknowledging the agreement of the concerned parties 1. The decision acknowledging the agreement of the concerned parties shall be of legal effect immediately after it is issued and if it is not being appealed or protested against in accordance with the appeal proceedings. A decision acknowledging the agreement of the concerned parties may only be protested in accordance with the proceedings for judicial review if there are grounds for believing that such
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2.

agreement was made by mistake, deception or threat or such agreement is contrary to the law or social morality. Article 189 Temporary suspension of a civil case [when] 1. A litigant is a deceased individual, or a merged, demerged, divided or dissolved body or organization but there is no individual, body or organization to take over the rights and obligations of such individual, body or organization in the proceedings. A litigant is an individual who has lost the capacity for civil acts but his or her legal representative is unidentified. The legal representation for a litigant is terminated without any replacement. Resolution is pending on the outcome of another related court proceeding or matter which must be resolved first by another body or organization as stipulated by law. Other cases stipulated by law.

2.

3. 4.

5.

Article 190 Legal effect of the temporary suspension of a civil case 1. The Court shall not remove the name of the civil case which is temporarily suspended from the book of acceptance, but shall make a note of the serial number and date of the decision to temporarily suspend such civil case in the book of acceptance. The court fee deposit or charge deposit paid by the concerned party shall be deposited with the State Treasury and shall be dealt with when the Court resumes the resolution of the civil case. The decision to temporarily suspend such civil case may be appealed or protested against in accordance with the appeal proceedings.

2.

3.

Article 191 Resumption of the resolution of temporarily suspended civil cases The Court shall resume the resolution of a temporarily suspended civil case when the grounds for temporary suspension no longer exist. Article 192 Suspension of civil cases 1. Upon acceptance of a case which falls under its jurisdiction, the Court shall issue a decision to suspend a civil case in the following circumstances: (a) The applicant or the respondent is a deceased individual with no beneficiary to his or her rights and obligations; A body or organization which is dissolved or declared bankrupt with no individuals, bodies or organizations to take over its rights and obligations in proceedings; The applicant withdraws his or her application for initiation of a legal action and the Court so accepts or the applicant does not have the right to initiate a legal action; The body or organization withdraws its application for initiation of a legal action in the case where there is no plaintiff or the plaintiff requests not to continue the resolution of the case;
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(b)

(c)

(d)

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(dd)

The litigants compromise with each other and do not request the Court to continue the resolution of the case; The plaintiff who has been properly summonsed fails to appear twice; The Court has issued a decision to conduct a hearing for a bankruptcy petition against an enterprise or co-operative which is party to the case while the resolution of the case is related to the obligations or property of such enterprise or co-operative; Other cases stipulated by law.

(e) (g)

(h) 2.

The Court shall issue a decision to suspend the civil case, remove the name of such case from the book of acceptance and return the application for initiation of a legal action and attached documents or evidence to the applicant if the case is entitled to the return of the application for initiation of a legal action as stipulated in article 168 of this Code.

Article 193 Legal effect of the suspension of a civil case 1. When a decision to suspend a civil case is issued, the applicant shall not be entitled to initiate a legal action to petition the Court to reconsider such civil case if the legal proceeding is not different from the prior legal proceeding in terms of the plaintiff, defendant and legal relation in dispute, except for the cases specified in paragraphs (c), (e) and (g) of article 192.1 of this Code and unless otherwise provided by law. Where the Court issues a decision to suspend a civil case in accordance with article 192.1 of this Code, the court fee deposit paid by the concerned party shall be appropriated and paid into State funds. Where the Court issues a decision to suspend a civil case in accordance with article 192.2 of this Code, the court fee deposit paid by the concerned party shall be returned to the person who has paid the court fee deposit. The decision to suspend such civil case may be appealed or protested against in accordance with the appeal proceedings.

2.

3.

4.

Article 194 Powers to issue decisions to temporarily suspend or suspend civil cases 1. The judge who is appointed to resolve a civil case shall have the power to issue a decision to temporarily suspend or suspend such civil case. Within five working days from the date of issuance of the decision to temporarily suspend or suspend the civil case, the Court shall forward such decision to the concerned parties and the inspectorate of the same jurisdiction.

2.

Article 195 Decision to bring the case to a hearing 1. A decision to bring the case to a hearing shall contain the following main contents:: (a) (b) (c) The date of the decision; The name of the Court issuing the decision; The case to be brought to a hearing;
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(d)

The names and addresses of the plaintiff, defendant or other persons initiating a legal action to petition the Court to resolve the case and persons with related rights and obligations; The full names of the judge, people's jurors, and court clerks and full names of stand-by judge, people's jurors, and court clerks, if any; The full name of prosecutor(s) taking part in the trial, if any; The date and location of the trial; Whether the trial is a closed hearing or an open hearing; The full names of persons who are summoned to take part in the trial.

(dd)

(e) (g) (h) (i) 2.

The decision to bring the case to a hearing shall be forwarded to the concerned parties and inspectorate of the same jurisdiction upon issuance of the decision. Where the inspectorate takes part in the trial in accordance with article 21.2 of this Code, the Court shall send the case file to the inspectorate of the same jurisdiction; within fifteen (15) days from the date of receipt of the file, the inspectorate must study and return the file to the Court.

CHAPTER XIV Court of First Instance SECTION 1 General Provisions on Court of First Instance Article 196 General requirements for first instance hearings A first instance hearing shall be conducted at the time and location specified in the decision to bring the case to a hearing or notice of re-opening of a trial in the case of adjournment of the trial. Article 197 Continuous and direct, oral hearing 1. The Court shall directly determine fully the nature of the matter by way of questioning and listening to the presentation of the plaintiff, defendant, persons with rights and obligations relating to the case, or their legal representatives, persons protecting the lawful rights and interest of the concerned parties and other persons participating in the proceedings; also by way of considering and examining collected documents and evidence; listening to the prosecutor who presents his view on how the matter could be resolved in the case where the prosecutor takes part in the trial. The judgement shall only be based on the result of the argument and questioning in the trial and evidence which have been considered and examined in the trial. The hearing shall be conducted orally and continuously, excluding breaks. The members of the council of adjudicators shall hear the matter from the beginning to the end, except for the cases specified in article 198.1 of this Code.

2.

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In special cases set out by this Code, the hearing may be temporarily ceased for five or less working days. The hearing of the matter shall resume upon expiry of the duration of temporary cessation. Article 198 Replacement of members of the Council of Adjudicators in special cases 1. Where a judge or people's juror is unable to continue to take part in the hearing of the matter and if a stand-by judge or people's juror is available and present in the trial from the beginning, such stand-by judge or people's juror shall be allowed to take part in the hearing of the matter. Where the council of adjudicators includes two judges but the presiding judge is unable to continue to take part in the hearing, the judge as a member of the Council of Adjudicators shall act as the presiding judge and the stand-by judge shall be included as a member of the Council of Adjudicators. 2. Where no stand-by judge or people's juror is available for substitution of a member of the Council of Adjudicators or where the replacement of the presiding judge is required while there is no judge for substitution in accordance with clause 1 of this article, the case shall be retried from the beginning.

Article 199 Presence of plaintiff at the trial 1. The plaintiff must be present at the trial upon being summonsed by the Court; where he or she is absent from the trial for the first time with proper reasons, the trial shall be adjourned. The plaintiff who is absent from the trial after being properly summonsed twice shall be deemed to have abandoned the legal proceeding and the Court shall issue a decision to suspend the case. Where the Court issues a decision to suspend the case, the plaintiff shall have the right to initiate a legal proceeding again if the time-limit for initiation of a legal action has not yet expired.

2.

Article 200 Presence of defendants at the trial 1. The defendant must be present at the trial upon being summonsed by the Court; where he or she is absent from the trial for the first time with proper reasons, the trial shall be adjourned. Where the defendant is absent from the trial after being properly summonsed twice, the Court still conducts the trial in his or her absence.

2.

Article 201 Presence of persons with related rights and obligations 1. Any person with related rights and obligations must be present at the trial upon being summonsed by the Court; where he or she is absent from the trial for the first time with proper reasons, the trial shall be adjourned. Where the person with related rights and obligations is absent from the trial after being properly summonsed twice, the Court shall still conduct the trial in his or her absence. A person with related rights and obligations who makes an independent claim and is absent from the trial after being properly summonsed twice shall be deemed to have abandoned his or her independent claim and the Court shall issue a decision to suspend the case in respect of the independent claim of the person with related rights and obligation if both the plaintiff and defendant so agree. Where the Court issues a decision to suspend the case in respect of the independent claim, the person with related rights and obligations shall have the right to initiation of a legal action again with respect to such independent claim if the time-limit for initiation of a legal action has not expired.
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3.

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Article 202 Hearing in absence of concerned parties at the trial The Court shall still conduct the hearing of the matter in the following circumstances: 1. The plaintiff, defendant or person with related rights and obligations who is absent from the trial has make an application to petition the Court to conduct the hearing in his or her absence; The plaintiff, defendant or person with related rights and obligations who is absent from the trial has his or her legal representative participating in the trial; The cases specified in articles 200.2 and 201.2 of this Code.

2.

3.

Article 203 Presence of persons protecting the lawful rights and interests of litigants A person protecting the lawful rights and interests of a litigant must be present at the trial upon being summonsed by the Court; where he or she is absent from the trial for the first time with proper reasons, the trial shall be adjourned. Where the person protecting the lawful rights and interests of a litigant is absent from the trial after being properly summonsed twice, the Court still conducts the hearing; in this case the litigant shall himself or herself protect his or her lawful rights and interests. Article 204 Presence of witnesses 1. A witness shall be obliged to participate in the trial upon being summonsed by the Court in order to clarify the details of the matter. Where the witness is absent but has given his or her testimony directly to the Court before or has sent his or her testimony to the Court, the presiding judge shall make public such testimony. Where the witness is absent, the Council of Adjudicators shall decide to adjourn the trial or still process the hearing; where the witness is absent from the trial without proper reasons or his or her absence will obstruct the hearing, he or she may be escorted to the trial under the decision of the Council of Adjudicators.

2.

Article 205 Presence of experts 1. An expert shall be obliged to participate in the trial upon being summonsed by the Court in order to clarify issues relating the examination and results of examination. Where the expert is absent, the Council of Adjudicators shall decide to adjourn the trial or still process the hearing.

2.

Article 206 Presence of interpreters 1. 2. An interpreter shall be obliged to participate in the trial upon being summonsed by the Court. Where the interpreter is absent without any replacement, the Council of Adjudicators shall decide to adjourn the trial, except for the case where the concerned parties still request to process the hearing.

Article 207 Presence of prosecutors 1. A prosecutor who is appointed by the Director of the inspectorate of the same jurisdiction shall have the duty to take part in the trial.

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2.

Where the prosecutor is replaced at the trial or is unable to continue to take part in the court hearing while a stand-by prosecutor is available and present in the trial from the beginning, such stand-by prosecutor shall be allowed to take part in the hearing of the matter. Where there is no stand-by prosecutor for replacement, the Council of Adjudicators shall decide to adjourn the trial and give notification thereof to the Director of the inspectorate of the same jurisdiction.

Article 208 Period of adjournment of a trial and decisions to adjourn a trial 1. Where the Council of Adjudicators decides to adjourn the trial in accordance with article 51.2, article 72.2 and articles 199, 200, 201, 203, 204, 205, 206, 207 and 215 and article 230.4 of this Code, the period of adjournment of a trial at first instance shall not exceed thirty (30) days from the date of issuance of the decision to adjourn the trial. A decision to adjourn a trial shall contain the following main contents: (a) (b) (c) (d) (dd) 3. The date on which the decision is issued; The name of the Court and full names of persons conducting proceedings; The matter which was brought to the hearing; The reasons for adjournment of the trial; The date and location of re-opening of the trial.

2.

The decision to adjourn the trial must be signed by the presiding judge on behalf of the Council of Adjudicators and notified publicly to the persons participating in proceedings; with respect to absent persons, the Court shall send promptly such decision to them at the same time as forwarding it to the inspectorate of the same jurisdiction. Where after adjournment of the trial, the Court is unable to re-open the trial on the date and in the location of re-opening of the trial specified in the decision to adjourn the trial, the Court shall notify promptly the inspectorate of the same jurisdiction and persons participating in proceedings of the date and location of re-opening of the trial.

4.

Article 209 Internal rules of the trial 1. Any individuals who are under sixteen (16) years of age shall not be allowed to enter the courtroom, unless they are summonsed by the Court to take part in the trial. All individuals in the courtroom must stand up when the Council of Adjudicators enters into the courtroom and respect the Council of Adjudicators, keep the court rules and comply with the control of the presiding judge. All individuals shall only be allowed to raise a question, give an answer or present their view when the Council of Adjudicators so permits. Any persons raising a question, giving an answer or presenting their view must stand up, unless for health reasons the presiding judge permits them to sit upon raising a question, giving an answer or presenting their view. 2. The Chief Justice of the Supreme People's Court shall, on the basis of clause 1 of this article and other provisions of law, issue internal rules of a trial.
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Article 210 Procedures for rendering of judgements and decisions of the Court in a trial 1. 2. A judgement shall be discussed and passed by the Council of Adjudicators in the jury-room. Decisions on replacement of a person conducting proceedings, expert or interpreter or on transfer of the case, on temporary suspension or suspension of the case or on adjournment of the trial must be discussed and passed in the jury-room and made in writing. Decisions on other issues shall be discussed and passed by the Council of Adjudicators in the courtroom and are not required to be made in writing, but must be stated in the trial transcript.

3.

Article 211 Trial transcript 1. The following contents must be stated fully in the trial transcript: (a) The main contents of the decision to bring the case to a hearing stipulated in article 195.1 of this Code; All events that occurred in a trial from the beginning to the end of the trial; Questions raised, answers given and views expressed in the trial.

(b) (c) 2.

Apart from recording the trial transcript, any audio-recording or video-recording of the events occurring in the trial may only be carried out upon obtaining the consent from the Council of Adjudicators. Upon the completion of the trial, the presiding judge shall check the trial transcript and, together with the court clerk, sign the transcript. The prosecutor and persons participating in proceedings shall be entitled to sight the trial transcript immediately upon the completion of the trial and request amendments or additions to be included in the trial transcript and sign for confirmation.

3.

4.

Article 212 Preparation for opening of a trial Before opening a trial, the court clerk shall carry out the following works: 1. 2. Disseminating the court rules; Inspecting and identifying the presence or absence of persons participating in the trial on the basis of their summons or notices issued by the Court; with respect to absent persons, identifying reasons therefor; Keeping order in the courtroom; Requesting all individuals in the courtroom to stand up when the Council of Adjudicators enters into the courtroom.

3. 4.

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SECTION 2 Proceedings for Commencement of a Trial Article 213 Opening of a trial 1. 2. The presiding judge shall open the trial and read out the decision to bring the case to a hearing. The court clerk shall report the presence and absence of the persons participating in proceedings on the basis of summonses and notices of the Court and reasons for absence to the Council of Adjudicators. The presiding judge shall inspect the presence of the persons participating in proceedings on the basis of summonses and notices of the Court and identity cards of litigants. The presiding judge shall explain to the litigants and other persons participating in the proceedings their rights and obligations. The presiding judge shall introduce the full names of persons conducting the proceedings, of the expert and interpreter. The presiding judge shall ask the persons who have the right to request the replacement of a person conducting the proceedings, expert or interpreter whether or not they want to request any replacement.

3.

4.

5.

6.

Article 214 Resolution of requests for replacement of persons conducting the proceedings, experts and interpreters Where there is a request for replacement of a person conducting the proceedings, an expert or interpreter, the Council of Adjudicators shall consider and make a decision in accordance with the procedures stipulated by this Code and may accept or may not accept [such request]; where [the request] is not accepted, the reasons therefor shall be specified. Article 215 Consideration and decision on adjournment of a trial upon absence of persons When any person participating in proceedings is absent from the trial and his or her absence does not fall under the circumstances in which the Court must adjourn the trial, the presiding judge shall ask if there is any one requesting the adjournment of the trial; if a person requests so, the Council of Adjudicators shall consider and issue a decision in accordance with the procedures stipulated by this Code and may accept or may not accept [such request]; where [the request] is not accepted, the reasons therefor shall be specified. Article 216 Guarantee of the objectiveness of witnesses 1. Before a witness is asked about details of which he or she has knowledge in the case, the presiding judge may decide to take necessary measures so that a witness cannot hear the testimony of another witness nor contact the related persons. Where it can be shown that the testimony of a concerned party could be influenced by the testimony of a witness, the presiding judge shall decide to separate the concerned party from the witness before the witness is questioned.

2.

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SECTION 3 Procedures for Questioning in a Trial Article 217 Questioning concerned parties about change, supplement or withdrawal of claims The presiding judge shall commence the questioning procedures by asking the concerned parties about the following issues: 1. Asking the plaintiff whether or not he or she requests any change in, supplement to or withdrawal of the whole or part of his or her application for initiation of a legal action; Asking the defendant whether or not he or she requests any change in, supplement to or withdrawal of the whole or part of his or her counterclaim; Asking the persons with related rights and obligations making an independent claim whether or not they request any change in, supplement to or withdrawal of the whole or part of their independent claim.

2.

3.

Article 218 Consideration of change, supplement and withdrawal of claims 1. The Council of Adjudicators shall accept any change in or supplement to claims of a concerned party if the change in or supplement to his or her claims falls within the scope of the application for initiation of a legal action or counterclaim or the initial independent claim. Where a concerned party withdraws the whole or part of his or her claim and the withdrawal of his or her claim is voluntary, the Council of Adjudicators shall accept and suspend the hearing of the whole or part of the claim withdrawn by the concerned party.

2.

Article 219 Change in litigation status 1. Where the plaintiff withdraws the whole of his or her application for initiation of a legal action but the defendant still keeps his or her counterclaim, the defendant shall become the plaintiff and the plaintiff shall become the defendant. Where the plaintiff withdraws the whole of his or her application for initiation of a legal action and the defendant withdraws the whole of his or her counterclaim but the person with related rights and obligations still keeps his or her independent claim, the person with related rights and obligations shall become the plaintiff and the person with obligations in respect of the independent claim shall become the defendant.

2.

Article 220 Acknowledging the agreement of concerned parties 1. The presiding judge shall question whether or not the concerned parties agree with each other on resolution of the matter. Where the concerned parties reach an agreement on resolution of the matter and their agreement is voluntary and is not contrary to the law or social morality, the Council of Adjudicators shall issue a decision to acknowledge their agreement on the resolution of the matter. The decision to acknowledge the agreement of the concerned parties on the settlement of the matter shall be legally enforceable.

2.

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Article 221 Listening to the presentation of concerned parties 1. Where the concerned parties still maintain their claim and fail to reach an agreement on resolution of the matter, the Council of Adjudicators shall commence the hearing by listening to the presentation of the concerned parties in the following order: (a) The person protecting the lawful rights and interests of the plaintiff shall present the claims of the plaintiff and evidence to substantiate that such claims are well grounded and lawful. The plaintiff shall have the right to present an additional view. Where a body or organization initiates a legal proceeding, the representative of the body or organization shall present its application for a legal action and evidence to substantiate that such application is well grounded and lawful; (b) The person protecting the lawful rights and interests of the defendant shall present the view of the defendant against the claims of the plaintiff; the counterclaim and submission of the defendant and evidence to substantiate that such submission is well grounded and lawful. The defendant shall have the right to present an additional view; The person protecting the lawful rights and interests of the person with related rights and obligations shall present the view of the person with related rights and obligations against the claims and submission of the plaintiff or the defendant; the independent claim or submission of the person with related rights and obligations and evidence to substantiate that such submission is well grounded and lawful. The person with related rights and obligations shall have the right to present an additional view.

(c)

2.

Where the plaintiff, defendant or person with related rights and obligations does not have any person to protect his or her lawful rights and interests, he or she shall present himself or herself his or her claims or submission and evidence to substantiate that such claims or submission are well grounded and lawful. In the trial, the concerned parties and the persons protecting their lawful rights and interests shall have the right to present additional evidence to substantiate their claims or submission.

3.

Article 222 Order of questioning in the trial Upon listening to the presentation of the concerned parties, the questioning of each person about each matter shall be carried out in the order by which the presiding judge shall have the first priority, followed by the people's juror, and after than the persons protecting the lawful rights and interests of the concerned parties and other persons participating in proceedings; where a prosecutor takes part in the trial, the prosecutor shall carry out the questioning after the concerned parties. Article 223 Questioning plaintiffs 1. 2. Where there are several plaintiffs, each plaintiff shall be questioned separately. The plaintiff shall be questioned only about matters which the person protecting the lawful rights and obligations or the plaintiff has presented unclearly, or which are contrary to each other or to their prior testimony or to the presentation of the defendant or of the person with related rights and obligations or of the persons protecting the lawful rights and obligations of such persons.

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3.

The plaintiff may himself or herself give, or the person protecting the lawful rights and obligations of the plaintiff may give on behalf of the plaintiff, answers and then the plaintiff shall give an additional answer.

Article 224 Questioning defendants 1. 2. Where there are several defendants, each defendant shall be questioned separately. The defendant shall be questioned only about matters which the person protecting the lawful rights and obligations of the defendant or the defendant has presented unclearly, or which are contrary to each other or to their prior testimony or to the claims of the defendant or of the person with related rights and obligations or of the persons protecting the lawful rights and obligations of such persons. The defendant may himself or herself give, or the person protecting the lawful rights and obligations of the defendant may give on behalf of the defendant, answers and then the defendant shall give an additional answer.

3.

Article 225 Questioning persons with related rights and obligations 1. Where there are several persons with related rights and obligations, each person shall be questioned separately. The person with related rights and obligations shall be questioned only about matters which he or she or the person protecting his or her lawful rights and obligations has presented unclearly, or which are contrary to each other or to their prior testimony or to the claims of the plaintiff or the submission of the defendant and of the persons protecting the lawful rights and obligations of such persons. The person with related rights and obligations may himself or herself give, or the person protecting his or her lawful rights and obligations may give on behalf of the person with related rights and obligations, answers and then the person with related rights and obligations shall give an additional answer.

2.

3.

Article 226 Questioning witnesses 1. 2. Where there are several witnesses, each witness shall be questioned separately. Before questioning a witness, the presiding judge must ask clearly about the relationship between the witness and the concerned parties; where the witness is a minor, the presiding judge may request his or her parents, guardian or teacher to assist the questioning. The presiding judge shall request the witness to present clearly details of the matter which he or she knows. After the witness completes his or her presentation, he or she shall be questioned only about matters which he or she has presented unclearly or insufficiently, or which are contrary to each other or to his or her prior testimony or to the presentation of the concerned parties or of the persons protecting the lawful rights and obligations of such persons. After completing his or her presentation, the witness shall stay in the courtroom for further questioning. Where it is necessary to secure the safety of a witness and his or her relatives, the Council of Adjudicators shall decide not to disclose information on their personal identities and keep them from being seen by attendants in the trial.
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4.

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Article 227 Disclosing documents of a case 1. The Council of Adjudicators shall make public documents of a case in the following circumstances: (a) A person participating in proceedings is absent from the trial but he or she has given a testimony during the period of preparation for the trial; The testimony of a person participating in proceedings in the trial is contrary to his or her prior testimony; In other cases where the Council of Adjudicators considers necessary or is requested by the prosecutor or a person participating in proceedings.

(b)

(c)

2.

In special cases where it is necessary to protect State secrets; to keep national fine customs, protect occupational secrets, trade secrets and privacy of individuals upon the request of a concerned party, the Council of Adjudicators shall not disclose documents in the case file.

Article 228 Hearing audio-tapes and discs and watching video tapes and discs At the request of the prosecutor or a person participating in proceedings or where [the Council of Adjudicators] considers necessary, the Council of Adjudicators shall arrange for the listening of audio-tapes and discs and screening of video tapes and discs in the trial, except for the case stipulated in article 227.2 of this Code. Article 229 Examination of physical evidence Physical evidence, photographs and records of confirmation of physical evidence shall be produced for examination in the trial. Where necessary, the Council of Adjudicators may examine together with the concerned parties a physical evidence at the site which is impossible to be brought to the trial. Article 230 Questioning experts 1. The presiding judge shall request an expert to present its conclusion of the matter which has been examined. Upon presentation, the expert shall have the right to further explain his or her conclusion and grounds for producing the result of examination. The prosecutor and persons participating in proceedings who are present at the trial shall have the right to make recommendations on the results of examination and to question about issues which are unclear or contrary to each other in the result of examination or are contrary to other details of the case. Where the expert is absent from the trial, the presiding judge shall make public the result of examination. Where a person participating in proceedings disagrees with the result of examination published in the trial and requests additional examination or re-examination, where [the Council of Adjudicators] considers that the additional examination or re-examination is necessary for the resolution of the matter, it shall decide to carry out the additional examination or re-examination; in this case, the Council of Adjudicators shall decide to adjourn the trial.

2.

3.

4.

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Article 231 Completion of the questioning session in the trial Upon considering that the details of the case have been considered fully, the presiding judge shall ask the prosecutor, concerned parties, persons protecting the lawful rights and interests of the concerned parties and other persons participating in proceedings whether they request to raise any question; where any person requests so and such request is considered well grounded, the presiding judge shall decide to continue the questioning. SECTION 4 Argument in a Trial Article 232 Order for presenting views upon argument 1. Upon completion of the questioning session, the Council of Adjudicators shall commence the argument in the trial. The argument shall be carried out in the following order: (a) The person protecting the lawful rights and interests of the plaintiff shall present his view. The plaintiff shall have the right to present his or her additional view. Where a body or organization initiates a legal action, the representative of the body or organization shall present its view. The person with protected rights and interests shall have the right to present an additional view; The person protecting the lawful rights and interests of the defendant shall present his view. The defendant shall have the right to present an additional view; The person protecting the lawful rights and interests of a person with related rights and obligations shall present his or her view. The person with related rights and obligations shall have the right to present an additional view.

(b)

(c)

2.

Where the plaintiff, defendant or person with related rights and obligations does not have any person to protect his or her lawful rights and interests, he or she shall himself or herself present his or her view upon argument.

Article 233 Presenting views upon argument and responses Upon presenting their view on evaluation of evidence or making their position on how the matter could be resolved, the persons participating in the argument must use the documents and evidence which have been collected and considered or examined in the trial as well as the result of questioning in the trial as a basis. A person participating in the argument shall have the right to respond to the view of another person. The presiding judge shall not be allowed to limit the time of argument and must facilitate the persons participating in the argument to present fully their view but shall have the right to interrupt any view which is not relevant to the case. Article 234 Presenting views of prosecutors Where a prosecutor takes part in the trial, after the persons participating in proceedings have presented their view and made their response, the presiding judge shall request the prosecutor to present the view of the inspectorate on how the matter could be resolved.

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Article 235 Resuming the questioning Throughout the argument, if the Council of Adjudicators considers that any detail of the case has not yet been considered or the consideration is inadequate or further consideration of evidence is required, it shall decide to resume the questioning; upon completion of the questioning, the argument shall resume.

SECTION 5 Deliberation and Pronouncement of Judgements Article 236 Deliberation 1. Upon completion of the argument session, the Council of Adjudicators shall retire to the jury-room to deliberate a judgment. Only members of the Council of Adjudicators shall have the right to deliberate a judgement. Upon deliberation on a judgement, the members of the Council of Adjudicators must resolve all matters of the case by a majority of votes [of the members] on a matter-by-matter basis. The people's jurors shall vote first and the judge shall vote last. Any person who has a minority opinion shall have the right to present his or her view in writing which shall be included in the case file. The deliberation on an judgement shall be based only on the documents and evidence which have been examined or considered in the trial, the result of questioning at the trial, and all views of the persons participating in proceedings and of the prosecutor. A record of the deliberation on an adjustment must be prepared in order to record all the issues discussed and decisions made by the Council of Adjudicators. The record of the deliberation on an judgement shall be signed by the members of the Council of Adjudicators in the jury-room before pronouncing the judgement. In the case of a matter with complex details when the deliberation on a judgement requires a longer period, a period for deliberation on a judgement may be determined by the Council of Adjudicators but shall not exceed five working days from the date of completion of the argument session in the trial. The Council of Adjudicators must notify the persons who are present in the trial and persons participating in proceedings who are absent from the trial of the time and place of pronouncement of the judgement; where the Council of Adjudicators has given notification but there is an absent person participating in proceedings, it still pronounces the judgement in accordance with article 239 of this Code. Article 237 Resuming the questioning and argument Through the deliberation on a judgement, if the Council of Adjudicators considers that any detail of the case has not yet been considered or the consideration is inadequate or further consideration of evidence is required, it shall decide to resume the questioning and argument. Article 238 First instance judgements 1. The Court shall make on behalf of the Socialist Republic of Vietnam a judgement.

2.

3.

4.

5.

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2.

A judgement shall consist of the preamble, the contents of the case and the remarks of the Court and its decisions. The preamble shall specify the name of the Court of first instance; serial number and date of acceptance of the case; the serial number of the judgement and date of pronouncement of the judgement; the full names of members of the Council of Adjudicators, the court clerk, the prosecutor, the expert and interpreter; the names and addresses of the plaintiff, the defendant, the persons with related rights and obligations and the body or organization initiating a legal proceeding; the legal representatives and the persons protecting the lawful rights and interests of the concerned parties; the subject in dispute; the serial number and date of the decision to conduct a trial; open or closed hearing; time and place of hearing. The application for initiation of a legal action of the plaintiff or the legal action initiated by the body or organization; the submission or counterclaim of the defendant; the independent claim or claim of the persons with related rights and obligations; the remarks of the Court; the sub-clauses, clauses and articles of the legal instruments which the Court uses as the grounds for resolution of the case shall be specified in the contents of the case and remarks of the Court. The grounds for acceptance or refusal of the claim or submission of a concerned party or of the person protecting the lawful rights and interest of such concerned party shall be analysed in the remarks of the Court.

3.

4.

5.

Decisions of the Court on each matter which require to be resolved in the case, court fees and right to appeal against the judgement shall be specified in the section of decisions; where a decision must be immediately enforced, such decision shall be specified.

Article 239 Pronouncement of judgements Upon pronouncing a judgement, all people in the court room must stand up, except for special cases permitted by the presiding judge. The presiding judge or another member of the Council of Adjudicators shall read out the judgement and, after reading the full text of the judgement, may further explain the execution of the judgement and the right to appeal. Where a concerned party does not know Vietnamese, upon pronouncing the judgement, the interpreter shall interpret the whole of the judgement into the language which he or she knows. Article 240 Amendments of and additions to a judgment 1. After pronouncement of a judgement, any amendment of or addition to the judgement shall not be allowed except in cases where a manifest spelling error or error in data caused by mistake or wrong calculation is discovered. Any amendment or addition shall be notified immediately to the persons with the rights and obligations relating to such amendment or addition and, at the same time; to the body or organization initiating a legal action and the inspectorate of the same jurisdiction. The amendment of or addition to a judgement stipulated in clause 1 of this article shall be conducted by the judge in co-ordination with the people's jurors being a member of the Council of Adjudicators. Where such judge no longer holds the position of judge, the chief justice of the Court shall make such amendment or addition.

2.

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Article 241 Provision of excerpts of judgements and judgements 1. Within a time-limit of three working days from the date of completion of the trial, the Court shall provide excerpts of the judgement to the concerned parties and body or organization initiating a legal action. Within a time-limit of ten (10) days from the date of pronouncement of the judgement, the Court shall deliver or forward the judgement to the concerned parties, the body or organization initiating a legal action and the inspectorate of the same jurisdiction.

2.

PART III Resolution Procedures for Cases at the Appellate Court

CHAPTER XV Nature of Appeal Hearings and Appeals and Protests Against Judgements or Decisions of the Court of First Instance Article 242 Nature of appeal hearing The appeal hearing means that an upper court directly rehears a case in which the judgement or decision of the Court of first instance which is not yet legally enforceable and is being appealed or protested against. Article 243 Persons having the right to appeal Concerned parties or their representatives and the body or organization initiating a legal action shall have a right to make an appeal application against a judgment or a decision of temporary suspension or suspension of a case made by the Court of first instance to petition the upper court to directly resolve the matter in accordance with the appellate proceedings. Article 244 Applications for appeal 1. An appeal application shall include the following main contents: (a) (b) (c) The date of the appeal application; The name and address of the appellant; The part of the judgment or decision of the Court of first instance which is not yet legally enforceable; The grounds for the appeal and the claims of the appellant; The signature and finger-print of the appellant.

(d) (dd) 2.

The appeal application shall be submitted to the Court of first instance which has made the judgement or decision which is being appealed against; where the appeal application is submitted to the appellate Court, such Court shall forward it to the Court of first instance to enable it to carry out
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necessary procedures and forward the case file to the appellate Court in accordance with article 255 of this Code. 3. The appeal application shall be accompanied by any additional documents and evidence, if any, in order to substantiate that his or her appeal is well grounded and lawful.

Article 245 Time-limit for lodging an appeal 1. The time-limit for lodging an appeal against a judgement of the Court of first instance shall be fifteen (15) days as from the date of pronouncement of the judgment; with respect to concerned parties which are absent from the trial, this period shall be calculated from the date a copy of the judgment is delivered to them or from the date the judgment is displayed. The time-limit for lodging an appeal against a decision of temporary suspension or suspension of a proceeding made by the Court of first instance shall be seven (7) days from the date on which the appellant receives the decision. Where the appeal application is sent by post, the date of appeal shall be calculated on the basis of the date indicated in the date stamp postmark on the envelope affixed by the sending post office.

2.

3.

Article 246 Verification of appeal applications 1. Upon receipt of an appeal application, the Court of first instance shall verify the validity of the appeal application in accordance with article 244.1 of this Code. Where an appeal application is lodged after the time-limit, the Court of first instance shall request the appellant to present the reasons therefor and produce documents and evidence, if any, to substantiate that the reasons for lodging the appeal application after the time-limit are legitimate. Where an appeal application is made not in accordance with article 244.1 of this Code, the Court of first instance shall request the appellant to make amendments or additions. Article 247 Overdue appeals 1. Any appeal [application] which is lodged after the time-limit stipulated in article 245 of this Code shall be an overdue appeal. Upon receipt of an overdue appeal application, the Court of first instance shall forward the appeal application and the explanatory statement of the appellant on reasons for lodging the appeal application after the time-limit and documents and evidence, if any, to the appellate Court. Within a time-limit of ten (10) days from the date of receipt of the overdue appeal application and the attached documents or evidence, the appellate Court shall establish a council consisting of three judges to consider the overdue appeal. The council shall have the right to issue a decision to accept or refuse the overdue appeal and specify the reason for its acceptance or refusal in the decision. The appellate Court shall forward its decision to the appellant and the Court of first instance; where the appellate Court accepts the overdue appeal, the Court of first instance shall carry out the procedures stipulated by this Code and forward the case file to the appellate Court.

2.

2.

Article 248 Notices of payment of a court fee deposit for appeal hearings 1. Upon accept of a proper appeal application, the Court of first instance shall give notification to the appellant so that he or she shall pay a court fee for appeal hearings in accordance with law if he or
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she does not fall under the cases in which a court fee deposit or court fee for appeal hearing is exempt or is not required to be paid. 2. Within a time-limit of ten (10) days from the date of receipt of the notice of payment of a court fee deposit for appeal hearings from the Court, the appellant must pay the court fee deposit and submit a receipt for payment of a court fee deposit to the Court of first instance. Where the appellant fails to pay a court fee deposit for appeal hearing within this time-limit, it shall be deemed to have revoked its appeal, unless it has a legitimate reason.

Article 249 Notice of appeal 1. Upon acceptance of a lawful appeal application, the Court of first instance shall notify in writing the appeal to the inspectorate of the same jurisdiction and parties relating to the appeal. Any person who has been notified of the appeal shall have the right to submit a document specifying his or her view on the contents of the appeal to the appellate Court. The document specifying his or her view shall be included in the case file.

2.

Article 250 Protest of the inspectorate The director of the inspectorate of the same or immediately higher jurisdiction shall have the right to protest against a judgment or a decision of temporary suspension or suspension of a case pronounced by the Court of first instance to request to upper Court to directly resolve the matter in accordance with the appellate proceedings. Article 251 Decisions on protest of the inspectorate 1. A decision on protest of the inspectorate must be in writing and contain the following main contents: (a) The date on which the decision on protest is issued and serial number of the decision on protest; The name of the inspectorate issuing the decision on protest; The part of the judgment or decision of the Court of first instance which has not yet been legally enforceable; The reasons for the protest and the request of the inspectorate; The full name of the signatory of the decision on protest and the seal of the inspectorate issuing the decision on appeal.

(b) (c)

(d) (dd)

2.

The decision on protest shall be forwarded immediately to the Court of first instance which has made the judgement or decision which is being protested against to enable it to carry out necessary procedures stipulated by this Code and forward the case file to the appellate Court in accordance with article 255 of this Code. The decision on protest shall be accompanied by any additional documents and evidence, if any, in order to substantiate that the protest of the inspectorate is well grounded and lawful.

3.

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Article 252 Time-limit for lodging a protest 1. The time-limit for lodging a protest of the inspectorate of the same jurisdiction and of a immediately higher jurisdiction against a judgement pronounced by the Court of first instance shall be fifteen (15) and thirty (30) days respectively, as from the date of pronouncement of the judgment. Where the trial does not involve the participation of a prosecutor, this period shall be calculated from the date on which the inspectorate of the same jurisdiction receives a copy of the judgment The time-limit for lodging a protest of the inspectorate of the same jurisdiction and of a immediately higher jurisdiction against a decision of temporary suspension or suspension of a case issued by the Court of first instance shall be seven (7) and ten (10) days respectively, as from the date on which the inspectorate of the same jurisdiction receives a copy of the decision.

2.

Article 253 Notice of protest 1. The inspectorate issuing a decision on protest shall forward the decision on protest to the parties relating to the appeal. A person who has been notified of the protest shall have the right to submit a document specifying his or her view on the contents of the protest to the appellate Court. The document specifying his or her view shall be included in the case file.

2.

Article 254 Effects of an appeal or protest 1. The part of the judgment or decision which is being appealed or protested against shall not be brought into execution, except for immediate execution stipulated by law. The judgement or decision or the part of the judgment or decision of the Court at first instance which is not being appealed or protested against shall be legally enforceable from the expiry date of the time-limit for an appeal or protest.

2.

Article 255 Forwarding case files and appeals or protests The Court of first instance shall forward the case file, the appeal or protest and attached documents and evidence to the appellate Court within a time-limit of five working days, from the date on which: 1. The time-limit for an appeal or protest expires if the appellant is not required to pay a court fee deposit for appeal hearings; The appellant submits a receipt for payment of a court fee deposit for appeal hearings to the Court of first instance.

2.

Article 256 Change or addition or withdrawal of an appeal or protest 1. Prior to the commencement of an appeal hearing or at the appeal hearing, the appellant shall have the right to make any change or addition to the appeal or the inspectorate issuing the decision on protest shall have the right to make any change or addition to the protest, but [such change or addition] shall not fall outside the scope of the original appeal or protest if the time-limit for the appeal or protest expires. Prior to the commencement of an appeal hearing or at the appeal hearing, the appellant shall have the right to withdraw the appeal, or the inspectorate issuing the decision on protest or the immediately upper inspectorate shall have the right to withdraw the protest.
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2.

The appellate Court shall suspend the appeal hearing in respect of the part of the case which the appellant has withdrawn the appeal or the inspectorate has withdrawn the protest. 3. Any change of or addition to or withdrawal of the appeal or protest prior to the commencement of a trial shall be made in writing and forwarded to the appellate Court. The appellate Court shall notify the concerned parties of the change of or addition to or withdrawal of the appeal or protest. Any change of or addition to or withdrawal of the appeal or protest at the hearing shall be recorded in the trial transcript.

CHAPTER XVI Preparation for an Appeal Hearing Article 257 Acceptance of a case for appeal hearing 1. Upon receipt of the case file, the appeal or protest and attached documents and evidence, the appellate Court must record it in the book of acceptance. The chief justice of the appellate Court or the Chief Justice of the Court of Appeals of the Supreme People's Court shall establish a council of adjudicators with appellate jurisdiction and appoint a judge as the presiding judge.

2.

Article 258 Time-limit of preparation for an appeal hearing 1. Within a period of two months from the date of acceptance of the case, subject to each case, the appellate Court shall issue one of the following decisions: (a) (b) (c) To temporarily suspend the appeal hearing of the case; To suspend the appeal hearing of the case; To bring the case to an appeal hearing;

With respect to cases with a complex nature or due to an objective obstruction, the chief justice of the appellate Court may decide to extend the time-limit of preparation for trial, but [the extension] shall not exceed one month. 2. Within a period of one month from the date of the decision to bring the case to a hearing, the Court shall conduct an appeal hearing; in cases where there are proper reasons, this period may be extended up to two months. The decision to bring the case to an appeal hearing shall be forwarded to the Inspectorate of the same jurisdiction and persons relating to the appeal or protest.

3.

Article 259 Temporary suspension of the appeal hearing of a case The issuance of a decision to temporarily suspend the appeal hearing by the appellate Court, the effect of the temporary suspension of the appeal hearing and the resumption of the appeal hearing shall be subject to articles 189 to 191 of this Code.
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Article 260 Suspension of the appeal hearing of a case 1. The appellate Court shall issue a decision to suspend the appeal hearing: (a) (b) In the cases stipulated in paragraphs (a) and (b) of article 192.1 of this Code; Where the appellant or the Inspectorate withdraws the whole of the appeal or protest, respectively; In other cases stipulated by law.

(c) 2.

Where the appellate Court issues a decision to suspend the appeal hearing in accordance with clause 1(b) of this article, the judgement or decision of the lower Court shall be legally enforceable from the date on which the appellate Court issues the decision to suspend the appeal hearing.

Article 261 Decisions to apply, change or cancel preliminary injunctive relief measures During the period of preparation for an appeal hearing, the appellate Court shall have the right to apply, change or cancel preliminary injunctive relief stipulated in Chapter VIII of this Code. Article 262 Forwarding the case file to the inspectorate for study 1. Upon acceptance of a case for appeal hearing, the appellate Court shall forward the case file to the inspectorate of the same jurisdiction for study. The time-limit for the inspectorate of the same jurisdiction to study the file shall be fifteen (15) days from the date of receipt of the case file; upon expiry of such time-limit, the inspectorate must return the file to the Court. CHAPTER XVII Appeal Hearing Proceedings Article 263 Scope of a appeal hearing The appellate Court shall only consider the part of the judgement or decision which is being appealed or protested against or relates to the consideration of the contents of the appeal or protest. Article 264 Participants in an appeal hearing 1. The appellant, concerned parties, the bodies and organizations relating to the hearing of the appeal or protest and persons protecting the lawful rights and interests of the concerned parties must be summonsed to participate in the hearing. The Court may summons other persons participating in proceedings where it considers necessary for the hearing of the appeal or protest. A prosecutor of the inspectorate of the same jurisdiction shall take part in the appeal hearing in the case where the inspectorate lodges the protest or has taken part in the first instance hearing.

2.

2.

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Article 265 Temporary suspension or suspension of an appeal hearing at the trial At the appeal hearing, the temporary suspension or suspension of the appeal hearing shall be conducted in accordance with articles 259 and 260 of this Code. Article 266 Adjournment of an appeal hearing 1. Where the prosecutor must participate in the hearing but is absent from the hearing, the hearing shall be adjourned. Where the appellant is absent from the hearing for the first time with proper reasons, the hearing shall be adjourned. Where the appellant who is absent from the hearing after being properly summonsed twice shall be deemed to have abandoned his or her appeal and the Court shall issue a decision to suspend the appeal hearing of the part of the case which is being appealed against by the absent appellant. Where any person participating in proceedings other than the appellant is absent from the hearing, the fact that the hearing shall be adjourned or conducted shall be subject to articles 199 to 206 of this Code. The period of adjournment of the hearing and decision to adjourn the appeal hearing shall be subject to article 208 of this Code.

2.

3.

4.

Article 267 Preparation for opening of an appeal hearing and proceedings for commencement of an appeal hearing The preparation for opening of an appeal hearing and proceedings for commencement of an appeal hearing shall be carried out in accordance with articles 212 to 216 of this Code. Article 268 Questioning in the hearing 1. After completion of the proceedings for commencement of an appeal hearing, a member of the Council of Adjudicators with appellate jurisdiction shall present the contents of the matter, the decision of the lower court, and the contents of the appeal or protest. The presiding judge shall ask the following: (a) (b) Whether or not the plaintiff wishes to withdraw his or her application for a legal action; Whether or not the appellant or the procurator wishes to change, add or withdraw his or her appeal or protest; Whether or not the concerned parties can reach an agreement on resolution of the matter.

2.

(c)

Article 269 Plaintiff withdrawing his or her application for a legal action prior to the commencement of the hearing or at the appeal hearing 1. Where the plaintiff withdraws his or her application for a legal action prior to the commencement of a hearing or at the appeal hearing, the Council of Adjudicators with appellate jurisdiction shall ask whether or not the defendant agrees so and, subject to each case, shall resolve as follows: (a) Refusing the withdrawal of the application by the plaintiff in the case where the defendant disagrees [on the withdrawal];
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(b)

Accepting the withdrawal of the application by the plaintiff in the case where the defendant agrees [on the withdrawal]; the Council of Adjudicators with appellate jurisdiction shall issue a decision to set aside the judgment of the lower court and suspend the appeal proceeding. In this case, the concerned parties shall bear the court fee for first instance hearings under the decision of the Court of first instance and pay a half of the court fee for appeal hearings in accordance with law.

2.

Where the Council of Adjudicators with appellate jurisdiction issues a decision to suspend the appeal proceeding, the plaintiff shall have the right to initiate again a legal proceeding again in accordance with the procedures stipulated by this Code if the time-limit for initiation of a legal action has not yet expired.

Article 270 Acknowledging the settlement by the parties in the appeal hearing 1. In the appeal hearing, if the parties reach an agreement on the settlement of the case and their agreement is voluntary and is not contrary to law or social morality, the Council of Adjudicators with appellate jurisdiction shall issue a judgment of the appeal hearing to vary the judgement of the lower court and shall acknowledge the agreement of the parties. The parties shall compromise with each other on payment of the court fee for first instance hearings; if they cannot reach an agreement, the Court shall decide in accordance with law.

2.

Article 271 Listening to presentation of concerned parties in the appeal hearing 1. Where the concerned party maintains its appeal or the Inspectorate maintains its protest and the concerned parties cannot reach an agreement on the settlement of the case, the Council of Adjudicators with appellate jurisdiction shall commence the appeal hearing by listening to the presentation of the concerned parties in the following order: (a) The person protecting the lawful rights and interests of the appellant shall present the contents of the appeal and grounds therefor. The appellant shall have the right to present an additional view. Where all concerned parties appeal, the presentation shall be made in the following order: the person protecting the lawful right and interests of the appellant being the plaintiff and the plaintiff; the person protecting the lawful rights and interests of the appellant being the defendant and the defendant; the person protecting the lawful rights and interests of the appellant being a person with related rights and obligations and the person with related rights and obligations. Where only the Inspectorate lodges a protest, the prosecutor shall present the contents of the protest and the grounds therefor; where there are both appeal and protest, the concerned parties shall present first the contents of the appeal and grounds therefor, then the prosecutor shall present contents of the protest and the grounds therefor; (b) The persons protecting the lawful rights and interests of other concerned parties relating to the appeal or protest shall present their view on the contents of the appeal or protest. The concerned parties shall have right to present an additional view.

2.

Where a concerned party does not have any person to protest his or her lawful rights and interests, he or she shall present himself or herself its view on the contents of the appeal or protest and its submission.

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3.

In the appeal hearing, the concerned parties and the prosecutor shall have the right to present additional evidence.

Article 272 The procedures for questioning and disclosure of documents and examination of physical evidence in the appeal hearing 1. The procedures for questioning of persons participating in proceedings and disclosure of documents or examination of physical evidence in the appeal hearing shall be carried out as in first instance hearings. The questioning must be carried out with respect to issues falling within the scope of appeal hearing stipulated in article 263 of this Code.

2.

Article 273 Argument in the appeal hearing The argument in an appeal hearing shall be carried out as the argument in first instance hearings, the order of presentation of views shall be subject to the provisions of article 271 of this Code and the argument shall be carried out in respect of the issues which fall within the scope of appeal hearing and which have been questioned in the appeal hearing. Article 274 Deliberation and pronouncement of a judgement The deliberation on a judgement, resumption of the questioning and argument, period of deliberation and pronouncement of a judgement, amendment of and addition to the judgement of the appeal hearing shall be carried out as the proceedings for first instance hearings. Article 275 Powers of the Council of Adjudicators with appellate jurisdiction The Council of Adjudicators with appellate jurisdiction shall have the power to: 1. 2. 3. Uphold the judgment of the Court of first instance. Vary the judgment of the Court of first instance. Set aside the judgment of the Court of first instance and transfer the case file to the Court with original jurisdiction for a new trial. Set aside the judgement of the Court of first instance and suspend the proceeding.

4.

Article 276 Varying a judgement of the Court of first instance The Council of Adjudicators with appellate jurisdiction shall vary a part or the whole of the judgment of the Court of first instance if the decision made by Court is contrary to the law in the following circumstances: 1. The substantiation and gathering of evidence has been conducted fully and strictly in accordance with the provisions of Chapter VII of this Code; The substantiation and gathering of evidence had not been conducted fully at the first instance level but new evidence has been admitted fully in the appeal hearing.

2.

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Article 277 Setting aside the judgment of the Court of first instance and transferring the case file to the court with original jurisdiction for a new trial Council of Adjudicators with appellate jurisdiction shall set aside the judgment of the Court of first instance and transfer the case file to the court with original jurisdiction for a new trial in the following circumstances: 1. The substantiation and gathering of evidence has not yet been conducted in accordance with the provisions of Chapter VII of this Code or has not yet been conducted fully but new evidence is unable to be admitted in the appeal hearing; The composition of the Council of Adjudicators with first instance jurisdiction is not in accordance with the provisions of this Code or there are serious breaches of litigatory proceedings.

2.

Article 278 Setting aside the judgement of the Court of first instance and suspending the proceeding The Council of Adjudicators with appellate jurisdiction shall set aside the judgement of the Court of first instance and suspend the proceeding if during the hearing of the case by the Court of first instance, the case falls within the cases stipulated in article 192 of this Code. Article 279 Judgments of the appellate Court 1. The Council of Adjudicators with appellate jurisdiction shall make on behalf of the Socialist Republic of Vietnam judgements of the appellate Court. A judgement of the appellate Court shall consist of: (a) (b) (c) 3. The preamble; The contents of the case, appeal or protest and the remark; The decisions.

2.

The preamble shall specify the name of the appellate Court; serial number and date of acceptance of the case; the serial number of the judgement and date of pronouncement of the judgement; the full names of members of the Council of Adjudicators, the court clerk, the prosecutor, the expert and interpreter; the names and addresses of the plaintiff, defendant and persons with related rights and obligations and the body or organization initiating a legal action; the legal representatives and persons protecting the lawful rights and interests of the concerned parties; the appellant or the inspectorate making the protest; open or closed hearing; time and place of hearing. The contents of the case, the decision of the Court of first instance; the contents of the appeal or protest; the remarks of the Council of Adjudicators with appellate jurisdiction; the sub-clauses, clauses and articles of the legal instruments which the Council of Adjudicators with appellate jurisdiction uses as the grounds for resolution of the case shall be summarized in the section of contents of the case, appeal or protest. The grounds for acceptance or refusal of the appeal or protest shall be analysed in the remarks of the Council of Adjudicators with appellate jurisdiction.

4.

5.

Decisions of the Council of Adjudicators with appellate jurisdiction on each matter which should be resolved in the case due to the appeal or protest, payment of court fees of first instance or appeal hearings shall be specified in the section of decisions.
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The judgment of the appellate court shall be legally enforceable as of the date of pronouncement of the judgement.

Article 280 Appeal proceedings with respect to decisions of a Court of first instance which are appealed or protested against 1. Where an appeal decision of the Court of first instance is appealed or protested against, the Council of Adjudicators with appellate jurisdiction shall not be required to conduct a hearing or convene the concerned parties except in the case where the Council of Adjudicators with appellate jurisdiction must hear their view on the matter prior to making a decision. The prosecutor of the Inspectorate of the same jurisdiction shall take part in the meeting considering the decision of the Court of first instance which is being appealed or protested against. A member of the Council of Adjudicators with appellate jurisdiction considering the decision which is appealed or protested against shall present briefly the contents of the decision of the Court of first instance which is being appealed or protested against, contents of the appeal or protest and attached documents and evidence, if any. The prosecutor shall present the view of the Inspectorate on settlement of the appeal or protest before the Council of Adjudicators with appellate jurisdiction makes a decision. When considering the decision of the Court of first instance which is being appealed or protested against, the Council of Adjudicators with appellate jurisdiction shall have the power to: (a) (b) (c) Uphold the decision of the Court of first instance; Vary the decision of the Court of first instance; Set aside the decision of the Court of first instance and transfer the case file to the Court of first instance for a new trial;

2.

3.

4.

5.

6.

The decision of the appellate court shall be legally enforceable as of the date of issuance of the decision.

Article 281 Sending judgements and decisions of the appeal Court Within a period of fifteen (15) days from the date of pronouncement of the judgement or decision of the appeal Court, the appeal Court must send its judgement or decision to the Court which has conducted the first instance hearing, the Inspectorate of the same jurisdiction, the competent body for execution of civil judgements, the appellant and persons with rights and interests relating to the appeal or protest or their legal representatives. Where the Appeal Court of the Supreme People's Court conducts the appeal hearing, this period may be longer but shall not exceed twenty five (25) days.

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PART IV Review of legally enforceable judgments or decisions

CHAPTER XVIII Procedure for Judicial Review Article 282 Nature of the judicial review The judicial review is the review of a legally enforceable judgement or decision of a court which is being protested against because it is discovered there was a serious breach of the law during the resolution of the case. Article 283 Grounds for protest on the basis of procedure for judicial review The grounds for protesting against a legally enforceable judgment or decision of a court on the basis of the procedure for judicial review are as follows: 1. Where the finding of the Court stated in the judgment or decision is inconsistent with the objective nature of the matter; Where there are serious breaches of litigatory proceedings; Where there are serious incorrect applications of the law.

2. 3.

Article 284 Discovery of legally enforceable judgements and decisions which should be reviewed in accordance with the procedure for judicial review 1. Concerned parties or other individuals, bodies and organizations shall have the right to discover any breach of the law in legally enforceable judgements and decisions of the Court and notify it in writing to persons who has right to protest as stipulated in article 285 of this Code. Where a breach of the law in a legally enforceable judgement or decision of a court is discovered, the Inspectorate or Court must give notification in writing to persons who has right to protest as stipulated in article 285 of this Code.

2.

Article 285 Persons who have the right to protest on the basis of procedure for judicial review 1. The Chief Justice of the People's Supreme Court and the Director of the People's General Inspectorate shall have the power to protest against legally enforceable judgments or decisions of all courts in accordance with the procedure for judicial review, except for the decisions on judicial review of the Judicial Council of the People's Supreme Court. Chief Justices of provincial courts and directors of provincial inspectorates shall have the power to protest against legally enforceable judgments or decisions of district courts in accordance with the procedure for judicial review.

2.

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Article 286 Adjournment or temporary suspension of the execution of legally enforceable judgments or decisions 1. A person who has the right to protest against a legally enforceable judgment or decision of a court shall have the right to petition the adjournment of the execution of such judgement or decision in order to consider the protest in accordance with the procedure for judicial review. The adjournment of the execution of the judgement shall be carried out in accordance with the laws on legal execution of civil judgements. A person who has protested against a legally enforceable judgement or decision in accordance with the procedure for judicial review shall have the right to temporarily suspend the execution of such judgement or decision until a decision of the Council of Adjudicators for a judicial review is issued.

2.

Article 287 Decisions on protest based on the procedure for judicial review A decision on protest based on the procedure for judicial review must contain the following main contents: 1. 2. 3. The serial number and date of the decision on protest; The position of the person making the decision on protest; The serial number and date of the legally enforceable judgement or decision which is being protested against; The decisions of the legally enforceable judgement or decision which is being protested against; The remarks and analyses of the breaches or mistakes of the legally enforceable judgement or decision which is being protested against; The legal grounds for the decision on protest; The decision on protest against the whole or part of the legally enforceable judgement or decision; The name of the court with judicial review jurisdiction in respect of such case; The request of the person lodging the protest.

4. 5.

6. 7. 8. 9.

Article 288 Time-limits for lodging a protest based on the procedure for judicial review Persons who have the right to protest on the basis of the procedure for judicial review shall only be allowed to lodge a protest within three years from the date on which the judgement or decision of a court is legally enforceable. Article 289 Change or addition or withdrawal of a protest based on the procedure for judicial review 1. A person who has lodged a protest based on the procedure for judicial review shall have the right to make any change in or addition to the decision on protest if the time-limit for lodging a protest stipulated in article 288 of this Code has not yet been expired. A person who has lodged a protest shall have the right to withdraw the whole or part of the decision on protest before commencement of a hearing or at the judicial review hearing.

2.

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Article 290 Sending a decision on protest based on the procedure for judicial review 1. The decision on protest based on the procedure for judicial review must be immediately filed with the Court which has given the legally enforceable judgment or decision which is being protested against, the parties concerned, the competent body for execution of civil judgements and other persons with rights and obligations relating to the contents of the protest. Where the Chief Justice of the People's Supreme Court or the Chief Justice of a provincial court makes a protest, the decision on protest together with the case file must be immediately forwarded to the inspectorate of the same jurisdiction. The inspectorate shall study the case file within a period of fifteen (15) days from the date of receipt of the case file; upon expiry of such period, the inspectorate shall deliver the case file to the Court with judicial review jurisdiction. Where the Director of the People's General Inspectorate or the director of a provincial inspectorate makes a protest, the decision on protest must be immediately forwarded to the Court with judicial review jurisdiction.

2.

3.

Article 291 Jurisdiction for judicial review 1. The Judges' Committee of a provincial Court shall conduct judicial review hearings for protests which involve legally enforceable judgments or decisions of district Courts. The Civil Court, the Economic Court or the Labour Court of the People's Supreme Court shall conduct judicial review hearings for protests which involve legally enforceable judgments or decisions of provincial Courts. The Judicial Council of the People's Supreme Court shall conduct judicial review hearings for protests which involve legally enforceable judgements or decisions of the Appeal Courts, Civil Court, the Economic Court or the Labour Court of the People's Supreme Court. Where legally enforceable judgements or decisions involving the same civil case fall under the jurisdiction of courts at different levels as stipulated in clauses 1 and 2 of this article, the Court with upper level jurisdiction shall conduct judicial review hearings for the whole of the case.

2.

3.

4.

Article 292 Participants in judicial review hearings 1. 2. The inspectorate of the same jurisdiction must take part in the judicial review hearings. When it considers necessary, the Court shall summons persons participating in proceedings and other persons relating to the protest to take part in the judicial review hearing.

Article 293 Time-limit for conducting judicial review hearings Within a period of four months from the date of receipt of protest accompanied by the case file, the Court with judicial review jurisdiction must conduct a hearing for a judicial review of the case. Article 294 Preparation for judicial review hearings The chief justice shall appoint a judge to prepare a presentation on the case to be presented in the hearing. The presentation shall summarize the contents of the case and judgements or decisions of courts at all levels and the contents of the protest. The presentation must be sent to members of the Council of Adjudicators for a judicial review at least seven days before the date on which the judicial review hearing is conducted.
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Article 295 Proceedings of judicial review hearings 1. After the presiding judge opens the hearing, a member of the Council of Adjudicators for a judicial review shall present a summary of the contents of the case, the process of hearing, the decisions in the legally enforceable judgement or decision of a court which is protested against, grounds and remarks in the protest and request of the person lodging the protest. The representative of the inspectorate shall present the opinion of the inspectorate on the decision on protest. Where the Court summons a person participating in proceedings or another person to take part in the judicial review hearing, that person shall be allowed to present his view on the decision on protest. The representative of the inspectorate shall present the opinion of the inspectorate on the decision on protest. The members of the Council of Adjudicators for a judicial review shall confer and present their opinion about the resolution of the case. The representative of the inspectorate shall present the opinion of the inspectorate on a form of resolution. The Council of Adjudicators for a judicial review shall vote on a form of resolution. Any decision on judicial review of the Judges' Committee of a provincial Court or of the Judicial Council of the People's Supreme Court shall require a positive vote by a majority of the members of the Judges' Committee of a provincial Court or of the Judicial Council of the People's Supreme Court. The Judges' Committee of a provincial Court or the Judicial Council of the People's Supreme Court shall vote in the following order: approval, disapproval of the protest and other opinions. Where no positive vote by a majority of the members of the Judges' Committee of a provincial Court or of the Judicial Council of the People's Supreme Court is obtained on [a decision], the hearing shall be adjourned. Within a period of thirty (30) days from the date on which the decision to adjourn the hearing is made, the Judges' Committee or the Judicial Council must conduct a rehearing with the participation of all members. Article 296 Scope of judicial review 1. The Council of Adjudicators for a judicial review only considers matter relating to the part of the legally enforceable judgement or decision which is being protested against or is being related to the consideration of the protest. The Council of Adjudicators for a judicial review shall be entitled to consider matters relating to the part of the legally enforceable judgement or decision which is not being protested against or is unrelated to the consideration of the protest if such part of the decision infringes the State interests or interests of a third person who is not a party to the case.

2.

3.

4.

2.

Article 297 The power of the Council of Adjudicators for a judicial review The Council of Adjudicators for a judicial review shall have the power to: 1. 2. 3. Disapprove the protest and uphold the legally enforceable judgment or decision; Uphold the lawful judgement or decision of the lower court which has been cancelled or varied; Set aside the legally enforceable judgment or decision for the purpose of conducting a new trial on the basis of original or appellate jurisdiction;
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4.

Set aside the judgment or decision of a Court which has heard the case and suspend the proceeding.

Article 298 Upholding the lawful judgement or decision of the lower court which has been cancelled or varied The Council of Adjudicators for a judicial review shall make a decision to set aside a legally enforceable judgement or decision which has been protested against and to uphold the judgement or decision of the lower Court which had conducted lawfully the hearing but has been cancelled or varied in part or in whole by the legally enforceable judgement or decision which is being protested against. Article 299 Setting aside the legally enforceable judgment or decision which is being protested against for the purpose of conducting a new trial on the basis of original or appellate jurisdiction The Council of Adjudicators for a judicial review shall make a decision to set aside a legally enforceable judgement or decision which is being protested against for the purpose of conducting a new trial on the basis of original or appellate jurisdiction in the following circumstances: 1. The substantiation and gathering of evidence has not yet been conducted in accordance with the provisions of Chapter VII of this Code; The finding of the court stated in the judgment or decision is inconsistent with the objective nature of the matter or there are serious incorrect applications of the law; The composition of the Council of Adjudicators with first instance or appeal jurisdiction is not in accordance with the provisions of this Code or there are serious breaches of litigatory proceedings.

2.

3.

Article 300 Setting aside the legally enforceable judgment or decision and suspending proceeding The Council of Adjudicators for a judicial review shall make a decision to set aside a legally enforceable judgement or decision and to suspend the proceeding if such proceeding is one of the cases stipulated in article 192 of this Code. Article 301 Judicial review decisions 1. The Council of Adjudicators for a judicial review shall make on behalf of the Socialist Republic of Vietnam decisions. A judicial review decision shall contain the following contents: (a) (b) Date and location of the hearing; Full names of members of the Council of Adjudicators for a judicial review. Where the Council of Adjudicators for a judicial review is the Judges' Committee of a provincial Court or the Judicial Council of the People's Supreme Court, the full name and position of the presiding judge and the number of members taking part in the hearing shall be specified; The full names of the court clerk and prosecutor taking part in the hearing; The name of the case for which the Council of Adjudicators conducts a judicial review hearing; The names and addresses of the parties to the case;
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2.

(c) (d) (dd)

(e)

The summary of the contents of the case, decisions in the legally enforceable judgement or decision which is being protested against; The decision on protest and reasons therefor; The remarks of the Council of Adjudicators for a judicial review analysing grounds for approval or disapproval of the protest; The sub-clauses, clauses and articles of the legal instruments which the Court uses as the grounds for making its decision; The decision of the Council of Adjudicators for a judicial review.

(g) (h)

(i)

(k)

Article 302 Effectiveness of judicial review decisions A judicial review decision shall be legally enforceable as of the date on which the Council of Adjudicators for a judicial review makes the decision. Article 303 Sending a judicial review decision Within five working days from the date of the decision, the Council of Adjudicators for a judicial review must send its judicial review decision to: 1. The concerned parties and other persons with related rights and obligations under the judicial review decision; The Court which has made the legally enforceable judgement or decision which is being protested against; The Inspectorate of the same jurisdiction and the competent body for execution of civil judgements.

2.

3.

CHAPTER XIX Procedure for New Trial Article 304 Nature of a new trial A new trial is the review of a legally enforceable judgement or decision of a court which is being protested against because there is fresh evidence which may change basically the contents of a judgement or decision of a court and which was previously unknown to the parties or the Court when the Court made such judgement or decision. Article 305 Grounds for protest on the basis of a new trial procedure The grounds for protesting against a legally enforceable judgment or decision of a court on the basis of a new trial procedure are as follows: 1. There is fresh evidence which has a bearing on the outcome of the case and which was previously unknown to the parties in the first trial;

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2.

There is conclusive evidence which show that the opinion of the expert or the interpretation of the interpreter is untruthful, or that an exhibit used in the trial was a result of forgery; Where it can be shown that the judge, jury, prosecutor, or court clerk deliberately tampered with the case file or made an unlawful conclusion; Where the criminal, administrative, civil, marriage and family, business, commercial or labour judgment or decision of a court, or a decision of a State body which was used as a basis for the findings of the Court is set aside or repealed.

3.

4.

Article 306 Notice and verification of fresh evidence 1. Concerned parties or other individuals, bodies or organizations shall have the right to discover fresh evidence of a case and notify it in writing to the persons who have the right to protest as stipulated in article 307 of this Code. In the case of discovery of a fresh evidence of a case, the inspectorate or Court shall notify it in writing to the persons who have the right to protest as stipulated in article 307 of this Code.

2.

Article 307 Persons who have the right to protest on the basis of a new trial 1. The Chief Justice of the People's Supreme Court and the Director of the People's General Inspectorate shall have the power to protest against legally enforceable judgments or decisions of courts at all levels in accordance with the procedure for a new trial, except for the decisions of the Judicial Council of the People's Supreme Court. The Chief Justice of a provincial Court or the director of a provincial Inspectorate shall have the power to protest against legally enforceable judgments or decisions of district Courts in accordance with the procedure for a new trial. A person who has lodges a protest against a legally enforceable judgement or decision shall have the right to decide to temporarily suspend the execution of such judgement or decision up until a new trial decision is made.

2.

3.

Article 308 Time-limits for lodging a protest based on the procedure for a new trial The time-limit for lodging a protest based on the procedure for a new trial shall be one year from the date on which the person who has the right to protest knows the ground for lodging a protest based on the procedure for a new trial stipulated in article 305 of this Code. Article 309 The power of the Council of Adjudicators for a new trial The Council of Adjudicators for a new trial shall have the power to: 1. 2. Disapprove the protest and uphold the legally enforceable judgment or decision; Set aside the legally enforceable judgment or decision for the purpose of conducting a new trial on the basis of original jurisdiction in accordance with the procedures stipulated by this Code; Set aside the legally enforceable judgment or decision and suspend the proceeding.

3.

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Article 310 Application of provisions on procedure for a new trial Other provisions on procedure for a new trial shall be applied as the provisions on procedure for a judicial review in this Code.

PART V Resolution Procedure for Civil Matters

CHAPTER XX General Provisions on Resolution Procedures for Civil Matters Article 311 Scope of application Courts shall apply the provisions of this Chapter at the same time as using other provisions of this Code which are not contrary to the provisions of this Chapter to the resolution of the civil matters stipulated in clauses 1, 2, 3, 4 and 6 of article 26, clauses 1, 2, 3, 4, 5 and 7 of article 28, clauses 1 and 4 of article 30 and clause 3 of article 32 of this Code. A civil matter means an issue over which an individual, body or organization does not have any dispute but petitions a Court to acknowledge or not to acknowledge an event as a basis for establishment of civil, marriage and family, business, commercial or labour rights or obligations; or petitions a Court to acknowledge that it has civil, marriage and family, business, commercial or labour rights. Article 312 Application to petition a Court to resolve a civil matter 1. A person petitioning a Court to resolve a civil matter must lodge an application with the Court with the appropriate jurisdiction as stipulated in Section 2 of Chapter III of this Code. An application must contain the following main items: (a) (b) (c) (d) The date of the application; The name of the Court having the jurisdiction for dealing with the application; The name and address of the applicant; Specific issues which the Court is petitioned to resolve and reasons, purposes and grounds for requesting the Court to resolve such civil matter; The names and addresses of persons relating to the resolution of the application, if any; Other information which the applicant considers necessary for the resolution of his or her claim; Where the applicant is an individual, he or she must sign or makes his or her fingerprint [at the end of the application], where [the applicant] is a body or organization, the legal representative of such body or organization must sign and affix its seal at the end of the application.

2.

(dd) (e)

(g)

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3.

The application shall be accompanied by documents and evidence to substantiate that its claim is well grounded and lawful.

Article 313 Persons participating in meetings to resolve civil matters 1. The Court must hold an open meeting to resolve the civil matter. Upon issuing a decision to hold a meeting to resolve the civil matter, the Court must send immediately this decision and the civil matter file to the inspectorate of the same jurisdiction for study. The inspectorate must study it within a period of seven (7) days from the date of receipt of the file; upon expiry of such period, the inspectorate must return the file to the Court for holding a meeting to resolve the civil matter. 2. A prosecutor of the inspectorate of the same jurisdiction shall take part in the meeting; where the prosecutor is absent, the meeting shall be adjourned. The applicant or its legal representative must participate in the meeting upon being summoned by the Court. Where the applicant is absent for the first time with proper reasons, the meeting shall be adjourned by the Court. Where the applicant petitions the civil matter to be resolved in his or her absence, the Court shall resolve the civil matter in his or her absence; where the applicant who is absent after being properly summonsed twice shall be deemed to have abandoned his or her petition and the Court shall issue a decision to suspend the resolution of the civil affair; in this circumstance, the right to petition a Court to resolve such civil matter in accordance with the procedures provided by this Code still is ensured. 4. Related persons or their legal representatives shall be summonsed by the Court to participate in the meeting. Where necessary, the Court may summons any witness, expert or interpreter to take part in the meeting; if any of them is absent, the Court shall decide to adjourn or to hold the meeting.

3.

Article 314 Procedures for holding of meetings to resolve civil matters 1. A meeting to resolve a civil matter shall be held in the following order: (a) The court clerk shall report the presence and absence of the persons participating in the meeting; The judge shall open the meeting and check the presence and absence of the persons summonsed to participate in the meeting and their identify card; The applicant or his or her legal representative shall present specific issues which the Court is petitioned to resolve, reasons therefor, purposes and grounds for petitioning the Court to resolve such civil matter; The related persons or their legal representative shall present their view on issues relating to their rights or obligations in resolution of the civil matter; The witnesses shall present their view; the expert shall present the result of examination and explain unclear or disputable issues; The documents and evidence shall be examined;
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(c)

(d)

(dd)

(e)

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(g)

The prosecutor shall present the view of the Inspectorate on how the civil matter could be resolved; The judge shall consider and decide whether or not the petition for resolution of the civil matter is accepted.

(h)

2.

Where there is any absent person, the judge shall publish the testimony, documents or evidence which such person has provided or made to the Court.

Article 315 Decisions on resolution of civil matters 1. A decision on resolution of a civil matter must contain the following contents: (a) (b) (c) (d) (dd) (e) (g) (h) (i) (k) 2. The date of the decision; The name of the decision-making Court; The full names of judge, prosecutor and court clerk; The name and address of the person lodging the petition for resolution of the civil matter; The specific issues which the Court is petitioned to resolve; The names and addresses of related persons; The remarks of the Court and grounds for acceptance or rejection of the petition; The principles of law on which the civil matter is resolved; The decisions of the Court; The fee payable.

The decision on resolution of the civil matter shall be forwarded to the inspectorate of the same jurisdiction, the competent body for legal execution, the applicant and individuals, bodies and organizations with rights and obligations relating to such decision within a period of five working days from the date of issuance of the decision.

Article 316 Appeals and protests against decisions on resolution of civil matters Any applicant and individual, body or organization with rights or obligations relating to a decision on resolution of a civil matter shall have the right to lodge a appeal, and the inspectorate of the same jurisdiction or the inspectorate of a immediately higher jurisdiction shall have the right to lodge a protest, against the decision on resolution of a civil matter to petition the upper Court to review in accordance with the appeal procedure, except for the decisions stipulated in clauses 2 and 3 of article 28 of this Code. Article 317 Time-limit for lodging an appeal or protest 1. The applicant and individual, body or organization with rights or obligations relating to a decision on resolution of a civil matter shall have the right to lodge a appeal against such decision within seven (7) days from the date on which the Court issues the decision, except for the cases stipulated in article 358.1 and 372.1 of this Code. In the case where he or she is absent from the meeting, such
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period shall be calculated from the date on which she or he receives the decision on resolution of the civil matter or from the date on which such decision is notified or displayed. 2. The inspectorate of the same jurisdiction and of a immediately higher jurisdiction shall have the right to lodge a protest within a time-limit of seven days and fifteen days, respectively, from the date on which the Court issues the decision, except for the cases stipulated in article 358.2 and 372.2 of this Code.

Article 318 Appeal procedure for decisions on resolution of a civil matter which is being appealed or protested against The appeal procedure for decisions on resolution of a civil matter which is being appealed or protested against shall be performed in accordance with the provisions of article 280 of this Code.

CHAPTER XXI Resolution Procedures for Petitions for Declaring an Individual As Having Lost Capacity for Civil Acts or As Having Restricted Capacity for Civil Acts Article 319 Petitions for petitions for declaring an individual as having lost capacity for civil acts or as having restricted capacity for civil acts 1. Any individual with related rights or interests or any relevant body or organization shall have the right to lodge a petition with the Court to declare an individual as having lost capacity for civil acts or as having restricted capacity for civil acts in accordance with the Civil Code. A petition lodged with the Court for declaring an individual as losing capacity for civil acts or as having restricted capacity for civil acts must contain all items stipulated in article 312.2 of this Code. The petition lodged with the Court for declaring an individual as losing capacity for civil acts shall be accompanied by the opinion of a professional body and other evidence to substantiate that such person is incapable of being aware of, or controlling, his or her own acts due to any mental or other illness. The petition lodged with the Court to declare an individual as having restricted capacity for civil acts shall be accompanied by the opinion of a professional body and other evidence to evidence such person whose addiction to drugs or other stimulants has ruined the property of his or her family.

2.

3.

4.

Article 320 Preparation of consideration of a petition 1. The time-limit for preparation of consideration of a petition lodged with the Court to declare an individual as losing capacity for civil acts or as having restricted capacity for civil acts shall not exceed thirty (30) days from the date on which the Court accepts the petition; upon expiry of such period, the Court must issue a decision to hold a meeting to consider the petition. During the duration of preparation of consideration of the petition, the Court may, at the request of a concerned party, seek the opinion of an expert on the health or sickness of the person who shall be declared as losing capacity for civil acts or as having restricted capacity for civil acts on the basis of the petition. In this case, upon receiving the opinion of the expert, the Court shall issue a decision to hold a meeting to consider the petition.

2.

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3.

During the duration of preparation of consideration of the petition, if the petitioner withdraws its petition, the Court shall issue a decision to suspend the consideration of the petition. Within a period of fifteen (15) days from the date of issuance of the decision to hold a meeting, the judge shall hold the meeting to consider the petition.

4.

Article 321 Decisions to declare an individual as losing capacity for civil acts or as having restricted capacity for civil acts 1. The Court may accept or refuse a petition for declaring an individual as losing capacity for civil acts or as having restricted capacity for civil acts. Where the petition is accepted, the Court shall issue a decision to declare a loss of capacity for civil acts or restricted capacity for civil acts. The Court shall determine the legal representative of an individual with restricted capacity for civil acts and the scope of such representation in the decision to declare restricted capacity for civil acts. Article 322 Petitions for revocation of a decision to declare an individual as losing capacity for civil acts or as having restricted capacity for civil acts 1. When an individual who has been declared by the Court as losing the capacity for civil acts or having restricted capacity for civil acts no longer is in the declared condition, such individual or a person with related rights or interests or a relevant body or organization may lodge a petition with the Court to issue a decision to revoke the decision declaring a loss of capacity for civil acts or restricted capacity for civil acts A petition lodged with the Court to revoke a decision declaring a loss of capacity for civil acts or restricted capacity for civil acts must contain all items stipulated in article 312.2 of this Code.

2.

2.

Article 323 Preparation of consideration of a petition and decisions of the Court 1. The time-limit for preparation of consideration of a petition lodged with the Court to revoke a decision declaring a loss of capacity for civil acts or restricted capacity for civil acts shall be subject to the provisions of article 320 of this Code. The Court may accept or refuse a petition for revoking a decision declaring a loss of capacity for civil acts or restricted capacity for civil acts. Where the petition is accepted, the Court shall issue a decision to revoke the decision declaring a loss of capacity for civil acts or restricted capacity for civil acts.

2.

3.

CHAPTER XXII Resolution Procedures for Petitions for Order to Search for Persons Who Are Absent from Their Place of Residence Article 324 Petitions for an order to search for a person who is absent from his or her place of residence 1. Where a person has disappeared for six (6) consecutive months or more, any person with related rights or interests may petition a court to order search for such person who is absent from his or her
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place of residence at the same time, as petitioning the Court to take measures to manage the property of the absent person in accordance with the Civil Code. 2. A petition for a court order to search for a person who is absent from his or her place of residence must contain all items stipulated in article 312.2 of this Code. The petition for a court order to search for a person who is absent from his or her place of residence shall be accompanied by an evidence to substantiate that such person has disappeared for six consecutive months or more. In the case where the Court is petitioned to take measures to manage the property of the absent person, documents in relation to the property of such person and the management of the current property and a list of his or her relatives are required to be provided.

3.

Article 325 Preparation of consideration of a petition 1. The time-limit for preparation of consideration of a petition for a court order to search for a person who is absent from his or her place of residence shall be twenty (20) days from the date on which the Court accepts the petition; upon expiry of such period, the Court must issue a decision to hold a meeting to consider the petition. During the duration of preparation of consideration of the petition, the Court shall issue a decision to suspend the consideration of the petition for a court order to search for a person who is absent from his or her place of residence if the petitioner withdraws its petition or the person who is the object of the court order to search returns and petitions the Court to suspend the consideration of the petition. Within a period of ten (10) days from the date of issuance of the decision to hold a meeting, the judge shall hold the meeting to consider the petition.

2.

3.

Article 326 Decision to order search for a person who is absent from his or her place of residence 1. The Court may accept or refuse a petition for an order to search for a person who is absent from his or her place of residence. Where the petition is accepted, the Court shall issue a decision to accept the petition and order search for a person who is absent from his or her place of residence; where the Court is petitioned to take measures to manage the property of such absent person and accepts such petition, the Court shall determine measures to manage the property of such person in accordance with the Civil Code in the decision to accept the petition.

2.

Article 327 Order to search for a person who is absent from his or her place of residence An order to search for a person who is absent from his or her place of residence must contain the main following contents: 1. 2. 3. The date of the order; The name of the Court issuing the order; The serial number and date of the decision of the Court to accept the petition for an order to search for a person who is absent from his or her place of residence; The name and address of the petitioner;

4.

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5.

The full name and date of birth or age of the person to be searched for and the address of his or her place of residence before such person disappears; The contact address of an individual, body or organization for notification by the person who should be searched for or any other person who have any information on the person to be searched for.

6.

Article 328 Announcement of orders to search for a person who is absent from his or her place of residence 1. An order to search for a person who is absent from his or her place of residence shall be published in three consecutive issues of a daily central newspaper and broadcasted on radio or television three times per day over three consecutive days. The petitioner shall bear all expenses for publishing or broadcasting the order to search for a person who is absent from his or her place of residence.

2.

Article 329 Effectiveness of a decision on order to search for a person who is absent from his or her place of residence A decision to order search for a person who is absent from his or her place of residence stipulated in article 326 of this Code shall automatically expire in the case where the person who is searched for returns.

CHAPTER XXIII Resolution Procedures for Petitions for Declaration that Persons Are Missing Article 330 Petition for declaration that a person is missing 1. Any individual with related rights or interests shall have the right to petition a Court to declare that a person is missing in accordance with the Civil Code. A petition lodged with the Court for declaration that a person is missing must contain all items stipulated in article 312.2 of this Code. The petition shall be accompanied by any evidence to substantiate that the individual who will be declared missing has disappeared for two consecutive years or more and there is no reliable information on whether such person is alive or dead and to substantiate that the petitioner has taken all notification and search measures. Where the Court has issued a previous decision to order search for a person who is absent from his or her place of residence, a copy of such decision shall be required.

2.

3.

Article 331 Preparation of consideration of a petition 1. Within a time-limit of twenty (20) days from the date of acceptance of a petition for declaration that a person is missing, the Court shall issue a decision to order search for a person who is the object of the petition for declaration that such person is missing. The contents of the order and announcement of the order shall be subject to the provisions of articles 327 and 328 of this Code. The period of the announcement shall be four months from the first date of publication or broadcasting of the order.

2.

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3.

During the duration of announcement of the order, the Court shall issue a decision to suspend the consideration of the petition for declaration that a person is missing if the petitioner withdraws its petition or the person who is the object of the petition for declaration that such person is missing returns and petitions the Court to suspend the consideration of the petition.

Article 332 Decisions to declare that a person is missing 1. Within a period of fifteen (15) days from the expiry date of the announcement of the order, the Court shall hold the meeting to consider the petition for declaration that a person is missing. The Court may accept or refuse a petition. Where the petition is accepted, the Court shall issue a decision to declare that a person is missing; where the Court is petitioned to take measures to manage the property of such missing person and accepts such petition, the Court shall determine measures to manage the property of such person in accordance with the Civil Code in its decision.

2. 3.

Article 333 Petitions for revocation of decisions declaring that a person is missing 1. Where an individual who has been declared missing returns or where there is reliable information that such person is still alive, then, such person or an individual with related rights or interests shall have the right to petition a Court to issue a decision to revoke the decision declaring that such person is missing. A petition lodged with the Court for revocation of a decision declaring that a person is missing shall contain all items stipulated in article 312.2 of this Code. The petition shall be accompanied by any evidence to substantiate that such person who has been declared missing has returned or to substantiate reliably that such person is still alive.

2.

3.

Article 334 Decisions on revocation of a decision declaring a person missing 1. Within a time-limit of fifteen (15) days from the date of acceptance of a petition for revocation of a decision declaring that a person is missing, the Court shall hold a meeting to consider the petition. The Court may accept or refuse the petition. Where the petition is accepted, the Court shall issue a decision to revoke the decision declaring that a person is missing, including a decision on legal effect of the revocation of the decision declaring that a person is missing in accordance with the provisions of the Civil Code.

2. 3.

CHAPTER XXIV Resolution Procedures for Petitions for Declaration That Persons are Dead Article 335 Petition for declaration that a person is dead 1. Any individual with related rights or interests shall have the right to petition a Court to declare that a person is dead in accordance with the Civil Code.

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A petition lodged with the Court for declaration that a person is dead must contain all items stipulated in article 312.2 of this Code. The petition shall be accompanied by any evidence to substantiate that the individual who will be declared dead fall under the cases stipulated by the Civil Code.

3.

Article 336 Preparation of consideration of a petition 1. The period for preparation of consideration of a petition for declaration that a person is dead shall not exceed thirty (30) days from the date on which the Court accepts the petition; upon expiry of such period, the Court shall issue a decision to hold a meeting to consider the petition. During the duration of publication of the notification, the Court shall issue a decision to suspend the consideration of the petition for declaration that a person is dead if the petitioner withdraws its petition or the person who is the object of the petition for declaration that such person is dead returns and petitions the Court to suspend the consideration of the petition. Within a period of ten (10) days from the date of the decision to hold a meeting, the Court shall hold the meeting to consider the petition.

2.

3.

Article 337 Decisions to declare that a person is dead 1. 2. The Court may accept or refuse a petition for declaration that a person is dead. Where the petition is accepted, the Court shall issue a decision to declare that a person is dead; the Court shall determine the date of death of such person and legal effect of the declaration that such person is dead in accordance with the provisions of the Civil Code.

Article 338 Petitions for revocation of decisions declaring that a person is dead 1. Where an individual who has been declared dead returns or where there is reliable information that such person is still alive, then, such person or a person with related rights or interests shall have the right to petition a Court to issue a decision to revoke the decision declaring that such person is dead. A petition lodged with the Court for revocation of a decision declaring that a person is dead shall contain all items stipulated in article 312.2 of this Code. The petition shall be accompanied by any evidence to substantiate that such person who has been declared dead has returned or to substantiate reliably that such person is still alive.

2.

3.

Article 339 Decisions on revocation of a decision declaring that a person is dead 1. Within a time-limit of fifteen (15) days from the date of acceptance of a petition for revocation of a decision declaring that a person is dead, the Court shall hold a meeting to consider the petition. The Court may accept or refuse the petition. Where the petition is accepted, the Court shall issue a decision to revoke the decision declaring that a person is dead; the Court shall decide on the legal effect of the revocation of the decision declaring that a person is dead in accordance with the provisions of the Civil Code in its decision.

2. 3.

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CHAPTER XXV Resolution Procedures for Civil Matters Relating to Commercial Arbitration Operations of Vietnam Article 340 Civil matters relating to commercial arbitration operations of Vietnam which fall under the jurisdiction of Courts 1. 2. 3. 4. The appointment and replacement of arbitrators. Application, change, revocation of preliminary injunctive relief. Revocation of arbitration decisions. Other civil matters stipulated by the laws on commercial arbitration of Vietnam.

Article 341 Resolution procedures The resolution procedures for civil matters relating to commercial arbitration operations of Vietnam shall be subject to the laws on commercial arbitration of Vietnam.

PART VI Procedures for Recognition and Enforcement in Vietnam of Civil Judgements and Decisions of Foreign Courts and Foreign Arbitration Awards
CHAPTER XXVI General Provisions on Procedures for Recognition and Enforcement in Vietnam of Civil Judgements and Decisions of Foreign Courts and Foreign Arbitration Awards Article 342 Civil judgements and decisions of foreign courts and foreign arbitration awards 1. Civil judgements or decisions of foreign courts mean judgements and decisions of foreign courts relating to civil [matters], marriage and family, business, commerce or labour, decisions relating to assets in criminal or administrative judgements and decisions of foreign courts and other judgements or decisions of foreign courts which are considered to be a civil judgement or decision in accordance with the laws of Vietnam. Foreign arbitration awards mean arbitration awards made outside the territory of Vietnam or within the territory of Vietnam by a foreign arbitrator appointed by mutual agreement of the parties in order to settle a dispute arising from their business, commercial and labour legal relations.

2.

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Article 343 Principles of recognition and enforcement of civil judgements and decisions of foreign courts and foreign arbitration awards 1. The courts of Vietnam shall consider the recognition and enforcement of civil judgements and decisions of foreign courts in the following cases: (a) Civil judgements and decisions of courts of a country which is a party to a relevant international treaty of which Vietnam is a participant or a signatory; Civil judgements and decisions of foreign courts which are recognized and permitted to be enforced in accordance with the laws of Vietnam.

(b)

2.

The courts of Vietnam shall consider the recognition and enforcement of foreign arbitration awards where such awards have been made in, or by arbitrators of, a country which is a party to a relevant international treaty of which Vietnam is a participant or a signatory. The courts of Vietnam may also consider the recognition and enforcement in Vietnam of civil judgements and decisions of foreign courts and foreign arbitration awards on a reciprocal basis without the condition that Vietnam and the relevant country are a signatory or participant of a relevant international treaty. The enforcement in Vietnam of any civil judgement or decision of a foreign court or foreign arbitration award shall be subject to the recognition and approval of the courts of Vietnam. Civil judgements or decisions of foreign courts for which no petition for enforcement in Vietnam and no petition for [a decision] not to recognize are made shall be automatically recognized in Vietnam in accordance with a relevant international treaty of which Vietnam is a signatory or participant. The courts of Vietnam shall only consider [petitions for a decision] not to recognize a civil judgement or decision of a foreign court for which no petition for enforcement in Vietnam is made on the basis of a petition for [a decision] not to recognize.

3.

4.

5.

6.

Article 344 Right to lodge petitions for recognition and enforcement of civil judgements and decisions of foreign courts and foreign arbitration awards 1. Persons seeking enforcement, or their legal representatives, shall be entitled to apply to a court of Vietnam for the recognition and enforcement in Vietnam of a civil judgement or decision of a foreign court or a foreign arbitration award where the individuals against whom enforcement is sought permanently reside and work in Vietnam or the bodies or organizations against which enforcement is sought have principal offices in Vietnam or where the assets relating to the enforcement of the civil judgement or decision of a foreign court or foreign arbitration award are located in Vietnam at the time of lodgement of the petition. Concerned parties, persons with related rights and interests or their legal representatives shall be entitled to apply to a court of Vietnam for [a decision] not to recognize a civil judgement or decision of a foreign court for which no petition for enforcement in Vietnam is made.

2.

Article 345 Right of appeal and protest A concerned party shall have the right to appeal and the inspectorate shall have the right to protest against the decision of a court of Vietnam to recognize, or not to recognize, a civil judgement or decision of a foreign court or a foreign arbitration award in order to request a higher court to directly review in accordance with this Code.
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Article 346 Enforceability of Vietnamese courts decision to recognize or not to recognize civil judgements and decisions of foreign courts or foreign arbitration awards 1. A civil judgement or decision of a foreign court or a foreign arbitration award which is recognized by a court of Vietnam and permitted to be enforced in Vietnam shall be of the same effect as any other civil judgement or decision of the court of Vietnam which is in force and shall be enforced in accordance with the procedures for execution of civil judgements. A civil judgement or decision of a foreign court which is not recognized by a court of Vietnam shall not be legally enforceable in Vietnam. A foreign arbitration award which is recognized by a court of Vietnam and permitted to be enforced in Vietnam shall be of the same force and effect as any other decision of the court of Vietnam which is in force and shall be enforced in accordance with the procedures for execution of civil judgements.

2.

Article 347 Notification of results of consideration of petitions Within fifteen (15) days from the date of issuance of a decision, the court of Vietnam shall, through the Ministry of Justice, notify the result of consideration of the petition for recognition and enforcement in Vietnam of a civil judgement or decision of a foreign court to the foreign court which has made such judgement or decision, concerned parties, individuals, bodies and organizations relating to such decision; or notify the result of consideration of the petition for recognition and enforcement of a foreign court award in Vietnam to the petitioner and other individuals, bodies and organizations relating to such decision of the court of Vietnam. Article 348 Guarantee of the right to transfer monies and assets in enforcement of civil judgements and decisions of foreign courts or foreign arbitration awards The State of Vietnam shall guarantee the transfer abroad of any monies or assets in the enforcement of a civil judgement or decision of a foreign court or a foreign arbitration award which is recognized by a court of Vietnam and permitted to be enforced in Vietnam. Any such transfer of monies or assets shall be in accordance with the laws of Vietnam. Article 349 Fees for recognition and enforcement of civil judgements and decisions of foreign courts or foreign arbitration awards The petitioner lodging with a court of Vietnam a petition for recognition and enforcement in Vietnam of a civil judgment or decision of foreign court or a foreign arbitration award shall be liable to pay a fee in accordance with the laws on Vietnam. CHAPTER XXVII Procedures for Consideration of Petitions for Recognition and Enforcement in Vietnam of Civil Judgements and Decisions of Foreign Courts Article 350 Petitions for recognition and enforcement 1. Petitions for the recognition and enforcement in Vietnam of civil judgements and decisions of foreign courts shall be lodged with the Ministry of Justice and shall contain the following main items: (a) Full name and address of the residence or workplace of the person seeking enforcement or his or her legal representative; if the person seeking enforcement is a body or organization, the name and address of the principal office of such body or organization must be specified;
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(b)

Full name and address of the residence or workplace of the person against whom enforcement is sought; if the person against whom enforcement is sought is a body or organization, of the principal office of such body or organization; where the individual against whom enforcement is sought does not reside or work in Vietnam or the organization against which enforcement is sought does not have a principal office in Vietnam, the address of the location of the assets and types of assets relating to the enforcement in Vietnam of the civil judgement or decision of a foreign court must be specified; An outline of the case of the person seeking enforcement; where part of the judgement or decision of the foreign court has been already enforced, the person seeking enforcement must specify the enforced part and the remaining part for which the petition for recognition and enforcement in Vietnam is made.

(c)

3.

Petitions in a foreign language must have attached to them a duly notarized or certified Vietnamese translation.

Article 351 Papers and documents attached to petitions 1. A petition shall have attached to it any papers and documents stipulated in an international treaty of which Vietnam is a signatory or a participant. Where an international treaty fails to make provisions in relation to attachments to petitions, or in the absence of any relevant international treaty, the petition must have attached to it a valid copy of the judgement or decision of the foreign court; a document certifying that such judgement or decision is in force, the time-limit for enforcement has not expired and [such judgement or decision] should be enforced in Vietnam, unless such items have been specified in such judgement or decision; a document certifying that a copy of such judgement or decision has been served to the person against whom enforcement is sought. Where the person against whom enforcement is sought or his or her legal representative was absent at the trial of the foreign court, a document certifying that such person was duly summoned is required. Papers and documents in a foreign language attached to the petition must have attached to them a duly notarised or certified Vietnamese translation.

2.

Article 352 Transfer of documents to courts Within seven days from the date of receipt of a petition and the attached papers and documents, the Ministry of Justice shall transfer the file to the appropriate court as referred to in articles 34 and 35 of this Code. Article 353 Receipt of files and request for clarification 1. Within three working days from the date of receipt of a file from the Ministry of Justice, the court shall be responsible for checking the file and notifying the Inspectorate of the same jurisdiction. During the period of preparation for consideration of the petition, the court shall have the authority to require the petitioner or the foreign court making the judgement or decision to clarify any unclear matters in the file. The written request for clarification and the written response must be forwarded through the Ministry of Justice.

2.

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3.

Within seven days from the date of receipt of the written request for clarification from the court of Vietnam, the Ministry of Justice shall forward such written request for clarification to the petitioner or the foreign court. Within seven days from the date of receipt of the written response to the request for clarification, the Ministry of Justice shall forward such written response to the court of Vietnam.

4.

Article 354 Preparation for consideration of petitions 1. Within four months from the date of receipt of a file, the court shall, on a case-by-case basis, make one of the following decisions: (a) To suspend its consideration of the petition where the petition is withdrawn by the petitioner or where the person against whom enforcement is sought discharges his or her obligations on a voluntary basis, or where the individual against whom enforcement is sought dies and his or her rights and obligations are not bequeathed, or where the body or organization against which enforcement is sought is dissolved or declared bankrupt and its rights and obligations are dealt with in accordance with the laws of Vietnam; To suspend its consideration of the petition and return the file to the Ministry of Justice where the matter is not within its jurisdiction or where the address of the person against whom enforcement is sought or the locality in which the assets relating to the enforcement are located is unidentified; To commence a court meeting 1.

(b)

(c)

The period of preparation for consideration of the petition shall be extended by two months in cases where the court requires clarification in accordance with clause 2 of article 353 of this Code. 2. Within one month from the date on which the decision commencing a court meeting is made, the court shall commence a court meeting to consider the petition.

Within fifteen (15) days prior to the date of commencement of a court meeting, the court shall send the file to the inspectorate of the same jurisdiction for consideration; upon expiry of such time-limit, the inspectorate must return the file to the court in order to commence the court meeting. Article 355 Court Meetings 1. A petition shall be considered at a court meeting by a council of three judges, one of whom shall preside over the meeting as assigned by the chief justice of the court. An inspector from the inspectorate of the same jurisdiction shall be present at the meeting. In the event that such inspector is absent, the court meeting must be adjourned. The court meeting shall be conducted in the presence of the person against whom enforcement is sought, or his or her legal representative; where such person is absent from the trial for the first time with proper reasons, the meeting shall be adjourned.

2.

3.

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The consideration of the petition shall proceed in the absence of the person against whom enforcement is sought, or his or her legal representative if he or she so requests or if such person continues to be absent after being properly summoned twice. 4. The council shall not review the case but shall only check and verify the civil judgement or decision of the foreign court and documents and papers attached to the petition against the provisions of this Code and other provisions of the laws of Vietnam and of the relevant international treaties of which Vietnam is a participant or signatory for decision. The council shall, after considering the petition and attached papers and documents and listening to the opinions of the concerned persons and inspectors, discuss and make a decision on a majority basis. The council shall have absolute discretion when issuing a decision on the recognition and enforcement in Vietnam of the civil judgement or decision of the foreign court. Article 356 Civil judgements and decisions of foreign courts which are not recognized and enforced in Vietnam 1. The civil judgement or decision is not yet legally enforceable in accordance with the laws of the country in which the court has made such judgement or decision. The person against whom enforcement is sought, or his or her legal representative, is absent from the trial of the foreign court because such person is not properly summoned. The case falls under the particular jurisdiction of the court of Vietnam. The case has been resolved by a legally enforceable civil judgment or decision of the court of Vietnam or of a foreign court which has been recognized by the court of Vietnam or before the foreign tribunal accepts to resolve the case, the court of Vietnam has accepted and is resolving such case. The time-limit for enforcement of the judgement has expired in accordance with the laws of the country in which the court which has made such civil judgement or decision or in accordance with the laws of Vietnam. The recognition and enforcement in Vietnam of the civil judgement or decision of the foreign court is contrary to the basic principles of the laws of Vietnam.

5.

2.

3. 4.

5.

6.

Article 357 Sending court's decision Immediately upon any decision referred to in articles 354 and 355 of this Code being made, the court shall send [copies of] the decision to the concerned parties and the inspectorate of the same jurisdiction; in the case of concerned parties being overseas, the decision shall be sent through the Ministry of Justice. Article 358 Appeals and protests 1. Within fifteen (15) days of the court making any decision referred to in articles 354 and 355 of this Code, the concerned parties or their respective legal representatives shall be entitled to appeal against the decision; where a concerned party or its respective legal representative was absent from the court meeting, the appeal period shall commence from the date on which the decision is delivered to such party. The application for appeal must set out clearly the reasons and request for appeal.
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Where a concerned party or its legal representative is unable to make an appeal within the abovementioned time-limit due to an event of force majeure or objective hindrance, the time-limit for appeal shall exclude the period of occurrence of such event of force majeure or objective hindrance. 2. The inspectorate of the same jurisdiction or the People's General Inspectorate shall be entitled to protest against any decision of the court referred to in articles 354 and 355 of this Code. The time-limit for submission of a protest shall be fifteen (15) days in the case of the inspectorate of the same jurisdiction and thirty (30) days in the case of the People's General Inspectorate, commencing from the date of issuance of the decision by the court. Article 359 Consideration of appeals and protests 1. The People's Supreme Court shall review decisions made by the provincial people's courts which are being appealed or protested against within one month from the date of receipt of a file; where clarification is required as provided for in article 353 of this Code, the time-limit shall be extended by two months. The council considering the appeal or protest shall comprise three judges, of whom one shall act as the presiding judge as assigned by the Chief Justice of the Appellate Court under the People's Supreme Court. The meeting for review of a decision which is being appealed or protested against shall be the same as the court meeting as stipulated in article 355 of this Code. 3. The council may uphold, or amend a part or the whole of, a decision of the provincial people's court; suspend its consideration of the appeal or protest in cases where the concerned parties withdraw such appeal or the inspectorate withdraws such protest, or where there is evidence in accordance with clauses 1(a) of article 354 of this Code. Decisions made by the People's Supreme Court shall be final and binding.

2.

CHAPTER XXVIII Procedures for Consideration of Petitions for [Decisions] not to Recognize Civil Judgements and Decisions of Foreign Courts for Which no Petition for Enforcement in Vietnam is Made Article 360 Time-limits for lodgement of petitions for [a decision] not to recognize 1. Within thirty (30) days from the date of receipt of a civil judgement or decision of a foreign court for which no petition for enforcement in Vietnam is made, concerned parties, persons with related rights and interests or their legal representative shall be entitled to lodge with the Ministry of Justice a petition to request the court of Vietnam not to recognize the civil judgement or decision. Where the petitioner can substantiate that due to an event of force majeure or objective hindrance, he or she is unable to lodge the petition within the time-limit specified in clause 1 of this article, the time-limit for lodgement of a petition shall exclude the period of occurrence of the event of force majeure or objective hindrance.

2.

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The re-commencement of the time-limit shall be considered and decided by the chief justice of the court which receives the petition. Article 361 Petitions for [a decision] not to recognize 1. A petition for [a decision] not to recognize a civil judgement or decision of a foreign court shall contain the following main items: (a) Full name and address of the residence or workplace of the petitioner; or of the principal office of the organization or body if the petitioner is an organization or body; An outline of the case of the petitioner.

(b) 2.

The petition shall have attached to it a valid copy of the civil judgement or decision of the foreign court and necessary papers and documents to substantiate that its petition for [a decision] not to recognize is grounded. A petition and attached papers and documents in a foreign language shall have attached to them a duly notarised or certified Vietnamese translation. The petition and attached papers and documents shall be transferred to the appropriate court in accordance with article 352 of this Code.

3.

4.

Article 362 Consideration of petitions for [a decision] not to recognize 1. The preparation for the consideration of a petition and the consideration of a petition for [a decision] not to recognize a civil judgement or decision of a foreign court shall be carried out in accordance with articles 354 and 355 of this Code. The council shall have the right to make one of the following decisions: (a) (b) 3. Not recognize the civil judgement or decision of the foreign court; Dismiss the petition for [a decision] not to recognize.

2.

Civil judgements and decisions of foreign courts for which no petition for enforcement in Vietnam is made shall not be recognized in the cases specified in article 356 of this Code.

Article 363 Sending Court's decision and appeals and protests The delivery of [copies of] decisions of the court; appeals and protests and review of an appeal or protest shall be subject to articles 357, 358 and 359 of this Code.

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CHAPTER XXIX Procedures for Considerations of Petitions for Recognition and Enforcement of Foreign Arbitration Awards in Vietnam Article 364 Petitions for recognition and enforcement of foreign arbitration awards in Vietnam 1. Petitions for the recognition and enforcement of foreign arbitration awards in Vietnam shall be lodged with the Ministry of Justice and shall contain the following main items: (a) Full name and address of the residence or workplace of the person seeking enforcement or his or her legal representative; if the person seeking enforcement is a body or organization, the name and address of the principal office of such body or organization must be specified; Full name and address of the residence or workplace of the person against whom enforcement is sought; if the person against whom enforcement is sought is a body or organization, of the principal office of such body or organization; where the individual as the person against whom enforcement is sought does not reside or work in Vietnam or the organization against which enforcement is sought does not have a principal office in Vietnam, the address of the location of the assets and types of assets relating to the enforcement of the foreign arbitration award in Vietnam must be specified; An outline of the case of the person seeking enforcement;

(b)

(c) 2.

Petitions in a foreign language must have attached to them a duly notarised or certified Vietnamese translation.

Article 365 Papers and documents attached to petitions 1. A petition shall have attached to it any papers and documents stipulated in an international treaty of which Vietnam is a signatory or a participant. Where an international treaty fails to make provisions in relation to attachments to petitions, or in the absence of any relevant international treaty, the petition must have attached to it a valid copy of the foreign arbitration award; a copy of the arbitration agreement of the parties in relation to the resolution of potential or occurred disputes by arbitration in accordance with the law of the relevant country. The arbitration agreement may be a provision on arbitration stated in a contract, or a separate agreement entered into by the parties upon the occurrence of a dispute. 2. Papers and documents in a foreign language attached to the petition must have attached to them a duly notarized or certified Vietnamese translation.

Article 366 Transfer of documents to courts 1. Within seven days from the date of receipt of a petition and the attached papers and documents, the Ministry of Justice shall transfer the file to the appropriate court as referred to in articles 34 and 35 of this Code. Where the Ministry of Justice, having already transferred the file to the appropriate court, is notified by an authorized body of a foreign country that the foreign arbitration award is being considered [for revocation or suspension], or has already been revoked or suspended, the Ministry of Justice must immediately notify the court in writing.
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2.

Article 367 Receipt of files 1. Within three working days from the date of receipt of a file from the Ministry of Justice, the court shall be responsible for checking the file and notifying the individual against whom, or body or organization against which, enforcement is sought and the inspectorate of the same jurisdiction. The court shall have the authority to require the individual, body or organization as the petitioner lodging the petition to clarify any unclear matters in the file.

2.

Article 368 Preparation for consideration of petitions 1. Within two months from the date of receipt of a file, the court shall, on a case-by-case basis, make one of the following decisions: (a) To suspend temporarily its consideration of the petition in the event of receipt of a written notice from the Ministry of Justice informing the court that the foreign arbitration award is being considered by the authorized body of the relevant foreign country; To suspend its consideration of the petition where the petition is withdrawn by the individual, body or organization seeking enforcement or where the individual against whom, or body or organization against which, enforcement is sought discharges its, or his or her, obligations on a voluntary basis, or where the body or organization against which enforcement is sought is dissolved or declared bankrupt and its rights and obligations are dealt with in accordance with the laws of Vietnam or where the individual against whom enforcement is sought dies and his or her rights and obligations are not bequeathed; To suspend its consideration of the petition in the event of receipt of a written notice from the Ministry of Justice that the foreign arbitration award has been revoked or suspended by the authorized body of the relevant foreign country. To suspend its consideration of the petition and return the file to the Ministry of Justice where the matter is not within its jurisdiction, where the body or organization against which enforcement is sought does not have a principal office in Vietnam or the individual against whom enforcement is sought does not reside or work in Vietnam, or where the location in which the assets relating to the enforcement in Vietnam are located cannot be identified. To commence a court meeting.

(b)

(c)

(d)

(dd)

The period of preparation for consideration of the petition shall be extended by two months in cases where the court requires clarification in accordance with clause 2 of article 367 of this Code. 2. Within twenty (20) days from the date of making the decision to commence a court meeting, the court shall commence a court meeting to consider the petition. Within ten (10) days prior to the date of commencement of the meeting, the court shall send the file to the inspectorate of the same jurisdiction for consideration; upon expiry of such time-limit, the inspectorate must return the file to the court in order to commence a court meeting.

Article 369 Court Meetings 1. A petition shall be considered at a court meeting by a council of three judges, one of whom shall preside over the meeting as assigned by the chief justice of the court.
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2.

An inspector from the inspectorate of the same jurisdiction shall be present at the meeting; in the event that such inspector is absent, the court meeting must be adjourned. The court meeting shall be conducted in the presence of the person against whom enforcement is sought, or his or her legal representative; where such person is absent from the trial for the first time with proper reasons, the meeting shall be adjourned. The consideration of the petition shall proceed in the absence of the person against whom enforcement is sought, or his or her legal representative if he or she so requests or if such person continues to be absent after being properly summonsed twice.

3.

4.

The council shall not review the dispute which has been resolved by the foreign arbitrator but shall only check and verify the foreign arbitration award and attached documents and papers against the provisions of this Code and other provisions of the laws of Vietnam and of the international treaties of which Vietnam is a participant or signatory for decision. The council shall, after considering the petition and attached papers and documents and listening to the opinions of the concerned persons and inspectors, discuss and make a decision on a majority basis. The council shall have absolute discretion when issuing a decision on the recognition and enforcement of the foreign arbitration award in Vietnam.

5.

Article 370 Cases [where foreign arbitration awards] are not recognized 1. A foreign arbitration award shall not be recognized or enforced in Vietnam in the following cases: (a) The parties to the arbitration agreement did not have the capacity to sign the agreement in accordance with the applicable law of each party; The arbitration agreement is unenforceable or invalid in accordance with the governing law, or the laws of the country in which the award was made where the arbitration agreement does not stipulate the governing law; The individual against whom, or body or organization against which, enforcement is sought had not been notified properly and in a timely manner of the appointment of the arbitrator or the procedures for resolving the dispute by foreign arbitration, or had reasonable cause for failing to exercise its, or his or her, right to legal proceedings; The foreign arbitration award was made in respect of a dispute which was not referred to arbitration by the concerned parties, or which goes beyond the request of the parties to the arbitration agreement. Where it is possible to sever the arbitration award, that part which was referred to arbitration by the parties shall be recognized and enforced in Vietnam; The composition of the foreign arbitration panel, or the foreign arbitration procedure, was inconsistent with the arbitration agreement or the laws of the country in which the foreign arbitration award was made, in cases where such matters are not stipulated in the arbitration agreement; The foreign arbitration award is not yet enforceable or binding on the parties;

(b)

(c)

(d)

(dd)

(e)

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(g)

The foreign arbitration award has been revoked or suspended by a competent body of the country in which the foreign arbitration award was made or of the country the law of which is the governing law.

2.

A foreign arbitration award shall not be recognized and enforced in Vietnam where it is deemed by the court of Vietnam that: (a) (b) The relevant dispute cannot be resolved by arbitration in accordance with the laws of Vietnam; The recognition and enforcement of the foreign arbitration award in Vietnam is contrary to the basic principles of the laws of Vietnam.

Article 371 Sending court's decision Immediately upon any decision referred to in articles 368 and 369 of this Code being made, the court shall send the decision to the concerned parties and the inspectorate of the same jurisdiction; in the case of concerned parties being overseas, the decision shall be sent through the Ministry of Justice. Article 372 Appeals and protests 1. Within fifteen (15) days of the court making any decision referred to in articles 368 and 369 of this Code, the concerned parties or their respective legal representatives shall be entitled to appeal against the decision; where a concerned party or its respective legal representative was absent from the court meeting, the appeal period shall commence from the date on which the decision is delivered to such party; the application for appeal must set out clearly the reasons and request for appeal. Where a concerned party or its legal representative is unable to make an appeal within the abovementioned time-limit due to an event of force majeure or objective hindrance, the time-limit for appeal shall exclude the period of occurrence of such event of force majeure or objective hindrance. 2. The inspectorate of the same jurisdiction or the People's General Inspectorate shall be entitled to protest against any decision of the court referred to in articles 368 and 369 of this Code. The time-limit for submission of a protest shall be fifteen (15) days in the case of the inspectorate of the same jurisdiction and thirty (30) days in the case of the People's General Inspectorate, commencing from the date of issuance of the decision by the court. Article 373 Consideration of appeals and protests 1. The People's Supreme Court shall review decisions made by the provincial people's courts which are being appealed or protested against within one month from the date of receipt of a file; where clarification is required as provided for in clause 2 of article 367 of this Code, the time-limit shall be extended by two months. The council considering the appeal or protest shall comprise three judges, of whom one shall act as the presiding judge as assigned by the Chief Justice of the Appellate Court under the People's Supreme Court. The meeting for review of a decision which is being appealed or protested against shall be the same as the court meeting as stipulated in article 369 of this Code. The council may uphold, or amend a part or the whole of, a decision of a provincial people's court; temporarily suspend or suspend its consideration of the appeal or protest in cases where the
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3.

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concerned parties withdraw such appeal or the inspectorate withdraws such protest, or where there is evidence in accordance with clauses 1(a), (b) or (c) of article 368 of this Code. Decisions made by the People's Supreme Court shall be final and binding. Article 374 Dismissal of decisions on recognition and enforcement 1. Upon being notified in writing by the Ministry of Justice that a competent foreign authority is considering the revocation or suspension of the foreign arbitration award for which a decision on the enforcement in Vietnam has been already made, the head of the body responsible for the execution of civil judgements shall make a decision on the temporary suspension of enforcement of the foreign arbitration award and shall send a copy of its decision to the court which previously made the decision on the recognition and enforcement of the foreign arbitration award in Vietnam. The head of the body responsible for the execution of civil judgements may take the necessary steps to ensure the continuation of the enforcement of a foreign arbitration award, if so required by the individual, body or organization seeking enforcement. 2. Upon receipt of a notice from the Ministry of Justice informing that the foreign arbitration award has been revoked or suspended by the competent foreign authority, the court of Vietnam which previously made the decision on the recognition and enforcement of that foreign arbitration award in Vietnam must issue a decision to cancel its previous decision and send a copy of such decision to the body responsible for enforcement. Upon receipt of the court's decision, the head of the body responsible for execution of civil judgements shall make a decision on the suspension of the enforcement of the relevant foreign arbitration award.

PART VII Execution of Civil Judgements and Decisions of the Court

CHAPTER XXX General Provisions on Execution of Judgements and Decisions of the Court Article 375 Judgements and decisions of the Court to be executed 1. Judgements and decisions of the Court which will be executed are legally enforceable judgements and decisions, including: (a) Judgements and decisions or part of any judgement or decision of the Court of first instance which is not being appealed or protested against in accordance with the appeal proceedings; Judgements and decisions of the appeal Court; Decisions of the Court on the basis of the judicial review or new trial; Legally enforceable civil judgements and decision of foreign courts and foreign arbitration awards which are recognized by a Court of Vietnam and permitted to be enforced in Vietnam.
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2.

The following judgements and decisions of the Court of first instance shall be enforced immediately even though they may be appealed or protested against: (a) Judgements and decisions on support, payment of remuneration to any employee, reemployment of any employee, payment of wages, payment of allowances for lost of work, social insurance or payment of compensation for damage [caused by harm] to life, health and mental suffering of citizens; Decisions to grant preliminary injunctive relief.

(b)

Article 376 Grounds for bringing a judgement or decision of the Court into execution The grounds for bringing a judgement or decision of the Court into execution are as follows: 1. 2. The judgement or decision shall be executed as stipulated in article 375 of this Code; The decision on execution of the judgement is made by the competent body for legal execution.

Article 377 Right to petition the execution of a judgement or decision of the Court 1. Where the concerned parties do not voluntarily conduct the execution, the judgement creditor or judgement debtor shall, on the basis of the judgement or decision of the Court, have the right to petition the competent body for legal execution to issue a decision on execution of the judgement. Any individual petitioning the execution of a judgement or decision of the Court must lodge a petition for legal execution with, or comes directly to, the body for legal execution in order to specify his or her petition and information relating to the legal execution accompanied by the judgement or decision the execution of which is petitioned.

2.

Article 378 Responsibilities of individuals, bodies or organizations for execution of judgements and decisions of the Court 1. Individuals, bodies and organizations within their duties and powers shall be responsible for performing fully any requirement of the executor in the execution of judgements and decisions of the Court. Chairmen of people's committees at all levels within their duties and powers shall be responsible for directing the co-ordination between the relevant bodies in the execution of judgements and decisions of the Court in their locality in accordance with the laws on execution of civil judgements. Commanders of military zones or of equivalent units within their duties and powers shall be responsible for directing the co-ordination between the relevant bodies in the execution of judgements and decisions of the Court in their military zone or equivalent unit. 3. Police authorities shall have the duty to keep order and prevent timely any acts of obstructing or opposing the execution of judgements and decisions of the Court. Where the enforcement of a judgement must be taken, the police authority and relevant bodies shall have the duty to co-ordinate to each other in performing any requirement of the head of the body for legal execution or of the executor.

2.

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Article 379 Supervision of execution of judgements and decisions of the Court People's Inspectorates within their duties and powers shall supervise the compliance of the laws by concerned parties, the body for legal execution, executors and individuals, bodies or organizations relating to the execution of judgements and decisions of the Court in order to ensure the timely, legal and complete execution of judgements and decisions of the Court.

CHAPTER XXXI Procedures for Execution of Judgements and Decisions of the Court Article 380 Issuance of a judgement or decision of the Court Where a judgement or decision of the Court falls under the cases of execution stipulated in article 375 of this Code, the Court which has pronounced such judgement or decision shall issue such judgement or decision with a note "for execution" to the judgement creditor and judgement debtor. The Court shall explain the right to petition, the time-limit for lodging a petition for legal execution and obligations for legal execution stipulated by the laws on execution of civil judgements to the judgement creditor and judgement debtor. Article 381 Time-limit for forwarding a judgement or decision of the Court 1. With respect to judgements and decisions which are able to be executed in accordance with article 375.2(a) of this Code, the Court which has pronounced such judgement or decision shall forwarding such judgement or decision to the body for legal execution at the same level as the Court which conducted the first instance hearing within a period of ten days from the date on which such judgement or decision is pronounced. With respect to decisions to grant preliminary injunctive relief, the Court which has made such decision shall forward immediately the decision to the body for legal execution at the same level. 2. With respect to judgements and decisions not covered by clause 1 of this article, the Court which has make such judgement or decision shall forwarding the judgement or decision to the body for legal execution at the same level as the Court which conducted the first instance hearing within a period of thirty (30) days from the date on which such judgement or decision is legally enforceable unless otherwise stipulated by law. Upon forwarding a judgement or decision, the Court must enclose the record of attachment or temporary impoundment of related physical evidence, assets and other documents, if any.

3.

Article 382 Clarification of a judgement or decision of the Court 1. The judgement creditor, the judgement debtor and any person with rights or obligations relating to the execution of a judgement or decision of the Court and the body for legal execution shall have the right to request in writing the Court which has made the judgement or decision to clarify any unclear items in the judgement or decision for execution. Within a period of fifteen (15) days from the date of receipt of the written request, the Court must make a written clarification and send it to the requester, the inspectorate of the same jurisdiction, the person with rights or obligations relating to the execution of the judgement or decision of the Court.
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2.

The judge issuing the decision or the presiding judge shall be responsible for clarifying the judgement or decision of the Court. Where he or she no longer is a judge of the Court, the Chief Justice of such Court shall be responsible for clarifying the judgement or decision of the Court. Any judgment or decision of the Court shall be clarified on the basis of the trial transcript and the record of the deliberation on the judgement.

3.

Article 383 Time-limit for petitioning the execution of a judgement or decision of the Court 1. Within a period of three years from the date on which the judgement or decision of the Court is legally enforceable, the judgement creditor or the judgement debtor shall have the right to petition the competent body for legal execution to issue a decision on execution of such judgement or decision. Where a period for performance of an obligation is fixed in the judgement or decision of the Court, the period of three years shall be calculated from the due date of the obligation; with respect to judgements and decisions of the Court which are executed in instalments, the period of three years applicable to each instalment shall be calculated from the due date of the obligation. 2. Where the individual petitioning the legal execution can substantiate that the petition for legal execution cannot be lodged within the time-limit due to an objective hindrance or event of force majeure, the period in which the objective impediment or event of force majeure exists shall not be included in the time-limit for lodging a petition for execution of judgement; with respect to the cases of adjournment or temporary suspension of the execution of judgment specified in articles 286 and 307 of this Code, the period of adjournment or temporary suspension shall not be included in the timelimit for lodging a petition for execution of judgement, unless the judgement creditor agrees on the adjournment or temporary suspension of the execution of judgment for the judgement debtor.

PART VIII Dealing with Acts of Obstructing Civil Litigatory Activities; Complaints and Denunciations in Civil Proceedings
CHAPTER XXXII Dealing with Acts of Obstructing Civil Litigatory Activities Article 384 Measures to deal with defendants and persons with related rights and obligations Any defendant or person with related rights and obligations who does not have any independent petition and who has been properly summonsed by the court and has failed to appear twice at the Court or the trial without any proper reason may be warned or fined by the Court.

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Article 385 Measures to deal with individuals performing acts to obstruct the verification or collection of evidence by persons conducting proceedings 1. Any individual who commits one of the following breaches may, depending on the seriousness of the breach, be subject to a warning, fine, temporary arrest in accordance with administrative procedures or prosecution for a criminal case as decided by the Court in accordance with law: (a) Forging or destroying important evidence aimed at obstructing the resolution of the case by the Court; Giving any false testimony or providing any untruthful document; Refusing to give any testimony or results of examination or to provide any document; Deceiving, intimidating, buying off or using force in order to obstruct any witness from standing as witness or to compel another person to give false witness; Deceiving, intimidating, buying off or using force in order to obstruct any expert from performing his or her duties or to compel any expert to produce any result [of examination] which is inconsistent with the objective facts; Deceiving, intimidating, buying off or using force in order to obstruct any interpreter from performing his or her duties or to compel any interpreter not to make a truthful, objective or correct translation in interpreting; Violating the honour, dignity or reputation of any person conducting proceedings; intimidating or using force or performing other acts to obstruct any person conducting proceedings from taking measures to verify or collect evidence as stipulated by this Code; Other offences as stipulated by law.

(b) (c) (d)

(dd)

(e)

(g)

(h) 2.

The police authority shall have the duty of executing the decision of the Court on temporary arrest of an offender in accordance with administrative procedures.

Article 386 Measures to dealt with witnesses who have been summonsed by the Court but are intentionally absent 1. Any witness who has been properly summonsed by the Court but intentionally refuses to appear before the Court or intentionally is absent from the trial without any proper reason and if his or her absence will obstruct the collection or verification of any evidence or hearing of the case, the Court shall have the right to issue a decision escorting or warning or fining [upon such witness]. The decision escorting a witness shall specify the time and place in which the decision is issued; full name and position of the person making the decision; the full name, date of birth and place of residence of the witness; the time and place in which the witness must be present. The police authority shall have the duty of executing the decision of the Court to escort the witness. The person who executes the decision escorting the witness must read out and explain the decision to the escorted witness and prepares a record on the escort.

2.

3.

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Article 387 Measures dealing with persons who violate court rules 1. Any person who violates court rules may, depending on the seriousness of the offence, shall be subject to a warning, fine, expulsion from the courtroom, or temporary arrest in accordance with administrative procedures as determined by the presiding judge. The police authority which has the duty of protecting the court shall execute the decision of the presiding judge for the expulsion or temporary arrest of the person who causes disorder in the Court in accordance with administrative procedures. Where a person who violates the court rules and his or her act warrants prosecution for criminal liability, the Court shall have the right to institute a criminal case in accordance with the criminal laws.

2.

3.

Article 388 Responsibilities of the inspectorate in the case where the Court institutes a criminal case 1. Where the Court institutes a criminal case in accordance with article 385.1 and article 387.3 of this Code, within a period of ten days from the date of issuance of a decision instituting a case, the Court shall forward such decision and documents or evidence to substantiate the offence to the competent inspectorate. The inspectorate shall consider the institution of a case or prosecution against the accused within the time-limit stipulated by the Criminal Procedure Code; where the inspectorate does not institute against or prosecute the accused, it must provide notification in writing specifying the reasons therefor to the Court which has issued the decision instituting a case.

2.

Article 389 Measures to deal with individuals, bodies and organizations which fail to execute decisions of the Court on provision of evidence to the Court 1. Any individual, body or organization which fails to execute a decision of the Court on provision of evidence controlled or held by such individual, body or organization, it may be warned, fined or enforced as determined by the Court. The individual or the head of the body or organization referred to in clause 1 of this article may, depending on the seriousness of the offence, be subject to disciplinary action or prosecution for criminal liability in accordance with law.

2.

Article 390 Procedures, powers to fine and levels of fines The procedures, powers to fine and levels of fines in respect of acts of obstructing civil litigatory activities shall be provided by the Standing Committee of the National Assembly.

CHAPTER XXXIII Complaints and Denunciations in Civil Proceedings Article 391 Decisions and acts in civil proceedings which may be complained against 1. Any individual, body or organization shall have the right to lodge a complaint against a decision or act of a body or person conducting civil proceedings in the civil proceedings when there is any ground to think that such decision or act is contrary to the law or violates the lawful rights and interests of the complainant.
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2.

Any appeal, protest, complaint or petition with respect to a judgement or decision of the Court of first instance or of the appeal Court or a judgement or decision from the judicial review or new trial by the Court and other litigatory decisions issued by a person conducting civil proceedings shall not be resolved in accordance with this Chapter, but shall be resolved in accordance with the provisions of relevant chapters of this Code.

Article 392 Rights and obligations of complainants 1. A complainant shall have the following rights: (a) (b) (c) (d) To lodge itself or via his or her legal representative a complaint; To lodge a complaint at any time during resolution of the case; To withdraw the complaint at any time during the resolution of the complaint; To receive written responses on acceptance of the complaint for resolution; a decision on resolution of the complaint; To recover the lawful rights and interests which have been infringed and to be compensated for any damage in accordance with law.

(dd)

2.

A complainant shall have the following obligations: (a) (b) To lodge a complaint to the competent person for resolution; To present truthfully the matter, to provide information and documents to the person in charge of resolution of the complaint; to be responsible before the law for his or her presentation and such provided information and documents; To abide strictly the legally enforceable decision on resolution of the complaint.

(c)

Article 393 Rights and obligations of persons who are being complained against 1. A person who is being complained against shall have the following rights: (a) To provide evidence for the legality of the decision or act in the proceedings which is being complained against; To receive the decision on resolution of the complaint regarding his or her decision or act in the proceedings;

(b)

2.

A person who is being complained against shall have the following obligations: (a) To explain his or her decision or act in the civil proceedings which is being complained against; to provide related information or documents upon request of the competent body, organization or individual; To abide strictly the legally enforceable decision on resolution of the complaint; To compensate for any damage, to carry out any return or remedy any consequence caused by his or her illegal decision or act in civil proceedings in accordance with the law;
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(b) (c)

Article 394 Time-limit for lodging a complaint The time-limit for lodging a complaint shall be fifteen (15) days from the date on which the complainant receives or is aware of the decision or act that person thinks that it is in breach of the law. Where the complainant is unable to exercise his right to lodge a complaint within the time-limit stipulated in this article due to an event of force majeure or objective obstacle, the period in which the event of force majeure or objective obstacle exists shall not included in the time-limit for lodging a complaint. Article 395 Powers and time-limits for resolution of complaints against prosecutors, deputy directors and directors of inspectorates Any complaint regarding the decision or litigatory act of a prosecutor or deputy director of the inspectorate shall be resolved by the director of the inspectorate within fifteen (15) days from the date of receipt of the complaint; where the complainant disagrees with the result of resolution, he or she shall have the right to lodge a complaint with the inspectorate at an immediately higher level. Within fifteen (15) days from the date of receipt of the complaint, the inspectorate at an immediately higher level shall consider and resolve [the complaint]. The inspectorate at an immediately higher level shall have the power to resolve [the complaint] finally. Any complaint regarding the decision or act of the director of the inspectorate shall be resolved by the inspectorate at an immediately higher level within fifteen (15) days from the date of receipt of the complaint. The inspectorate at an immediately higher level shall have the power to resolve [the complaint] finally. Article 396 Powers and time-limits for resolution of complaints against court clerks, people's jurors, judges, deputy chief justices and chief justices Any complaint regarding the decision or litigatory act of a court clerk, people's juror, judge or deputy chief justice of the Court shall be resolved by the chief justice of the Court within fifteen (15) days from the date of receipt of the complaint; where the complaints disagrees with the result of resolution, he or she shall have the right to lodge a complaint with the court at an immediately higher level. Within fifteen (15) days from the date of receipt of the complaint, the court at an immediately higher level shall consider and resolve [the complaint]. The court at an immediately higher level shall have the power to resolve [the complaint] finally. Any complaint about the decision or act of the chief justice of the court shall be resolved by the court at an immediately higher level within fifteen (15) days from the date of receipt of the complaint. The court at an immediately higher level shall have the power to resolve [the complaint] finally. The decision on resolution of the chief justice of the court shall be sent to the complainant and the inspectorate of the same jurisdiction. Article 397 Powers and time-limits for resolution of complaints against experts Any complaint regarding an act of an expert in civil proceedings shall be resolved by the head of the examination organization responsible for direct management of the expert within fifteen (15) days from the date of receipt of the complaint; where the complaints disagrees with the result of resolution, he or she shall have the right to lodge a complaint with the head of the upper body responsible for direct management of the examination organization. Within fifteen (15) days from the date of receipt of the complaint, the head of the upper body responsible for direct management shall consider and resolve [the complaint]. The decision of the head of the upper body responsible for direct management shall be final.
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Article 398 Persons having the right to lodge a denunciation Any citizens shall have the right to lodge a denunciation with any competent body, organization or individual regarding transgressions of the law by any person authorized to conduct legal proceedings which cause damage to, or threaten to cause damage to, interests of the State or the lawful rights and interests of citizens, bodies and organization. Article 399 Rights and obligations of denunciators 1. A denunciator shall have the following rights: (a) To lodge a denunciation with or denounce directly to any competent body, organization or individual; To request [the competent body, organization or individual] to maintain the confidentiality in respect of his or her full name, address and autograph; To request [the competent body, organization or individual] to notify the result of the resolution of his or her denunciation; To request the competent body, organization or individual to protect him or her from any threatening, victimization or revenge.

(b)

(c)

(d)

2.

A denunciator shall have the following obligations: (a) (b) (c) To present truthfully items of the denunciation; To specify his or her full name and address; To be responsible before the law for any untruthful denunciation.

Article 400 Rights and obligations of persons who are being denounced 1. A person who is being denounced shall have the following rights: (a) (b) (c) To be notified of the items of the denunciation; To provide evidence to substantiate that the items of the denunciation are untruthful; To be entitled to the recovery of the infringed lawful rights and interests; restoration of honour and compensation for any damage caused by the untruthful denunciation; To request the competent body, organization or individual to deal with the person who has lodged an untruthful denunciation.

(d)

2.

A person who is being denounced shall have the following obligations: (a) To explain his or her act which is being denounced against; to provide related information or documents upon request of the competent body, organization or individual; To abide strictly the penalty decision of the competent body, organization or individual;

(b)

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(c)

To compensate for any damage, to carry out any return or remedy any consequence caused by his or her illegal civil litigatory act in accordance with the law.

Article 401 Powers and time-limit for resolution of denunciations 1. The head of a competent body shall be responsible for resolving any denunciations regarding a transgression of the law by his or her authorised person conducting proceedings. Where the person who is denunciated against is the chief justice or deputy chief justice of the Court or a director or deputy director of the inspectorate, the chief justice of the Court, or the director of the Inspectorate, at the intermediately higher level shall be responsible for resolving [the relevant denunciations]. The time-limit for resolution of a denunciation shall not exceed sixty (60) days from the date of acceptance; with respect to complex cases, the time-limit for resolution may be extended but shall not exceed ninety (90) days. 2. Any denunciations regarding an offence of the laws demonstrating signs of a crime shall be resolved in accordance with the provisions of the Law on Criminal Proceedings.

Article 402 Resolution procedures for complaints and denunciations The resolution procedures for complaints and denunciations shall be carried out in accordance with the provisions of this Charter and other provisions of the laws on complaints and denunciation which are not contrary to the provisions of this Charter. Article 403 Responsibilities of persons authorized to resolve complaints and denunciations 1. Any competent body, organization or individual shall, depending in its authority, be responsible for receiving and resolving timely [complaints and denunciations] in accordance with the law; dealing strictly with the offenders; taking necessary measures in order to prevent any potential damage; ensuring that the decision on resolution shall be executed strictly and shall be responsible before the law for its decision. Any person who is authorized to resolve complaints and denunciations but fails to resolve [such complaints and denunciations] or is irresponsible in resolution or fails to resolve [such complaints and denunciations] in accordance with the law shall, depending on the nature and seriousness of the breach, be subject to disciplinary action or prosecution for criminal liability; or compensation for any damage in accordance with the law.

2.

Article 404 Inspection of the observance of the law in resolution of complaints and denunciations in civil proceedings The people's inspectorate shall supervise and control the observance of the law in resolution of complaints and denunciations in civil proceedings in accordance with the law. The inspectorate shall have the right to request or propose the Court of the same jurisdiction and lower Court, bodies, organizations and individuals responsible [for resolution of complaints and denunciations] in order to ensure that the resolution of the complaints and denunciations is grounded and legal.

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PART IX Resolution Procedures for Civil Affairs Involving Foreign Elements and Judicial Co-Assistance in relation to Civil Proceedings
CHAPTER XXXIV General Provisions on Resolution Procedures for Civil Affairs Involving Foreign Elements Article 405 Applicable principles 1. Courts shall apply the provisions of Chapters XXXIV and XXXV of this Code to resolution of civil affairs involving foreign elements. Where there is no relevant provision in these chapters, other relevant provisions in this Code shall apply. A civil affair involving foreign elements is a civil affair in which at least one concerned party is a foreigner or Vietnamese residing in a foreign country or a civil relation between concerned parties being Vietnamese citizens, bodies or organizations in which the ground for establishment, alteration or termination is subject to the laws of a foreign country or which arises in a foreign country or which relates to assets located in a foreign country.

2.

Article 406 Litigatory rights and obligations of foreign individuals, bodies and organizations 1. Foreign citizens, persons without nationality, foreign bodies and organizations and international organizations (hereinafter referred to as foreign individuals, bodies and organizations) shall have the right to initiate a legal action to petition a Vietnamese court to protect their lawful rights and interests when they are infringed or are in dispute. Upon participating in civil proceedings, foreign individuals, bodies and organizations shall have the same litigatory rights and obligations as Vietnamese citizens, bodies and organizations. The State of Vietnam may apply the reciprocal principle to limit the relevant litigatory rights of individuals, bodies and organizations of a foreign country as the court of such foreign country has limited the litigatory rights of Vietnamese citizens, bodies and organizations.

2.

3.

Article 407 Civil litigatory capacity and capacity for civil litigatory acts of a foreign citizen or person without nationality 1. The civil litigatory capacity and capacity for civil litigatory acts of a foreign citizen or person without nationality shall be determined as follows: (a) in accordance with the law of the country of the nationality of such citizen; in accordance with the law of Vietnam in the case where such citizen has both Vietnamese nationality and a foreign nationality; in cases of a citizen with several nationalities of different foreign countries, in accordance with the law of the country where such citizen resides, unless the laws of Vietnam otherwise provide; in accordance with the law of Vietnam if such foreign citizen resides, works or lives permanently in Vietnam;

(b)

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(c)

in accordance with the law of the country where a person without nationality resides, works or lives permanently; in accordance with the law of Vietnam if the civil proceedings are carried out in the territory of Vietnam.

(d)

2.

Any foreign citizen or person without nationality may be recognized to have the civil litigatory capacity in the territory of Vietnam if, pursuant to the law of his or her foreign country, he or she does not have the civil litigatory capacity but, pursuant to the law of Vietnam, he or she has the civil litigatory capacity.

Article 408 Civil litigatory capacity of foreign bodies and organizations and international organizations in relation to civil proceedings 1. The civil litigatory capacity of a foreign body or organization shall be determined in accordance with the law of the country in which such body or organization was established, unless the laws of Vietnam otherwise provides. The civil litigatory capacity of an international organization shall be determined on the basis of the international treaty which is the basis for establishment of such organization, the operational regulation of such international organization or the international treaty which has been signed with the Vietnamese competent body.

2.

Article 409 Protection of lawful rights and interests of concerned parties being foreign individuals, bodies and organizations Any concerned party being a foreign individual, body or organization and participating in proceedings at the Vietnamese Court shall have the right to engage lawyers to protect its lawful rights and interests in accordance with the law of Vietnam. CHAPTER XXXV Jurisdiction of Vietnamese Courts to Resolve Civil Affairs Involving Foreign Elements Article 410 General provisions on jurisdiction of Vietnamese courts to resolve civil affairs involving foreign elements 1. The jurisdiction of Vietnamese courts to resolve civil affairs involving foreign elements shall be determined in accordance with the provisions of Chapter III of this Code, unless this Chapter otherwise provides. The Vietnamese Court shall resolve civil affairs involving foreign elements in the following cases: (a) The defendant is a foreign body or organization whose head office is situated in Vietnam or the defendant whose managing body, branch or representative office is situated in Vietnam; The defendant is a foreign citizen or person without nationality who resides, works or lives permanently in Vietnam or has assets in the territory of Vietnam; The defendant is a foreign citizen or person without nationality who resides, works or lives permanently in Vietnam in respect of civil affairs in relation to a petition for support or identification of parent;
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2.

(b)

(c)

(d)

A civil affair in relation to a civil relation the basis for establishment, alteration or termination of which is subject to the law of Vietnam or which arises in the territory of Vietnam but in which at lease one party is a foreign individual, body or organization; A civil affair in relation to a civil relation the basis for establishment, alteration or termination of which is subject to the law of a foreign country or which arises in a foreign country in which all of the parties are Vietnamese citizens, bodies or organizations and the plaintiff or defendant resides in Vietnam; A dispute arising from a contract all or part of which is performed in the territory of Vietnam; A divorce proceeding in which the plaintiff or defendant is a Vietnamese citizen.

(dd)

(e) (g)

Article 411 Exclusive jurisdiction of the Vietnamese courts 1. The following civil cases involving foreign elements shall fall under the exclusive jurisdiction of the Vietnamese courts: (a) Any civil case relating to the rights with respect to assets being immovable property in the territory of Vietnam; Any dispute arising from a transport contract and the head office or branch of the carrier being situated in Vietnam; Any divorce case between a Vietnamese citizen and a foreign citizen or person without nationality if both husband and wife reside, work or live in Vietnam.

(b)

(c)

2.

The following civil matters involving foreign elements shall fall under the exclusive jurisdiction of the Vietnamese courts: (a) (b) Definition of a legal event if such event occurs in the territory of Vietnam; Declaration that a foreign citizen or person without nationality has restricted capacity for civil acts or has lost the capacity for civil acts if he or she resides, works or lives in Vietnam and such declaration relates to the establishment of his or her rights or obligations in the territory of Vietnam; Declaration that a foreign citizen or person without nationality is missing or dead if she or he is present in Vietnam at the time of occurrence of an event which is a ground for declaration that a person is missing or dead and such declaration relates to the establishment of his or her rights or obligations in the territory of Vietnam; Petition to a Vietnamese court for a declaration that a Vietnamese citizen is missing or dead if such declaration relates to the establishment of his or her rights or obligations in the territory of Vietnam; Recognition that property existing in the territory of Vietnam has been abandoned or recognition of the ownership rights of a person who currently controls an abandoned property in the territory of Vietnam.

(c)

(d)

(dd)

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Article 412 No change of the jurisdiction of the Court Any civil affair which has been accepted by a Vietnamese court for resolution in accordance with the provisions on jurisdiction set out by this Code must continue to be resolved by such court even there is a change of nationality, place of residence or address of any party or fresh evidence which results in such civil affair falling under the jurisdiction of another Vietnamese court or of a foreign court. Article 413 Returning applications for a legal action or petition or suspending a civil affair in the case where a foreign court has resolved such civil affair 1. A Vietnamese court shall return an application for a legal action or petition or shall suspend a civil affair involving foreign elements in the case where a foreign court has issued a judgement or decision to resolve such civil affair and the country of the court which has issued such civil judgement or decision and Vietnam have signed or acceded to an international treaty on recognition and execution of civil judgements and decisions. A Vietnamese court shall return an application for a legal action or petition or shall suspend a civil affair involving foreign elements in the case where a foreign court has accepted such civil affair and the judgement or decision of such foreign court in relation to such civil affair is recognised and executed in Vietnam. CHAPTER XXXVI Legal Assistance in Civil Proceedings Article 414 Principles of legal assistance in civil proceedings 1. The legal assistance between a Vietnamese court and a foreign court in civil proceedings shall be carried out in the principle of respect for each other's independence, sovereignty and national territorial integrity, non-intervention in each other's internal affairs, equality and mutual benefit in compliance with international treaties which the Socialist Republic of Vietnam has signed or acceded to and with the law of Vietnam. Where the Socialist Republic of Vietnam and a foreign country have not yet signed or acceded to any international treaty providing legal assistance in civil proceedings, the Vietnamese court may accept the legal assistance in civil proceedings in the reciprocal principle but [such legal assistance] may not be contrary to the law of Vietnam, and international laws and practices.

2.

2.

Article 415 Performance of judicial authorization 1. A Vietnamese court may give the judicial authorization to a foreign court or perform the judicial authorization given by a foreign court to carry out a number of civil litigatory activities in accordance with an international treaty which Vietnam has signed or acceded to or in the reciprocal principle. A Vietnamese court shall not accept any judicial authorization given by a foreign court in the following cases: (a) The performance of such judicial authorization will violate the sovereignty of Vietnam or threaten the security of Vietnam; The performance of the judicial authorization does not fall under the jurisdiction of the Vietnamese court.
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2.

(b)

Article 416 Procedures for performance of judicial authorization 1. Any judicial authorization given by a Vietnamese court to a foreign court or by a foreign court to a Vietnamese court must be made in writing and sent to the competent body of Vietnam in accordance with the international treaty which Vietnam has signed or acceded to or in accordance with the law of Vietnam. Upon recept of the written judicial authorization, the competent body of Vietnam must forward immediately it to the Vietnamese court or the foreign competent body which is the recipient of the written authorization given by the Vietnamese court.

2.

Article 417 Written judicial authorization 1. A written judicial authorization must contain the following main items: (a) (b) (c) (d) The date of the written judicial authorization; The name and address of the court giving the judicial authorization; The name and address of the court performing the judicial authorization; The full names and addresses of individuals, or the names and addresses of bodies and organizations, relating to the judicial authorization; The contents of authorized work; The requests of the court giving the authorization.

(dd) (e) 2.

The written authorization shall be accompanied by papers and documents necessary for the performance of the authorization, if any.

Article 418 Recognition of papers and documents prepared, issued or authenticated by authenticated by foreign competent bodies 1. Any papers or documents which are prepared, issued or authenticated by a foreign competent body in accordance with the law of a foreign country or outside the territory of Vietnam shall be recognized by Vietnamese courts if such papers or documents are authenticated by the relevant consulate, unless otherwise provided by the international treaty which Vietnam has signed or acceded to. Any paper or document which is prepared in a foreign language and submitted to a Vietnamese court must be accompanied by a Vietnamese translation which has been notarised or authenticated legally.

2.

This Code was passed by Legislature XI of the National Assembly of the Socialist Republic of Vietnam at its 5th session on 15 June 2004. Chairman of the National Assembly NGUYEN VAN AN

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