Law 92/2015/QH13 On Civil Procedure (Part 2)

1 PART THREE. PROCEDURES FOR RESOLUTION OF CASES AT APPELLATE COURTS
2 Chapter XV. NATURE OF APPELLATE TRIAL AND THE APPEAL AGAINST JUDGMENTS, DECISIONS OF FIRST-INSTANCE COURTS

PART THREE. PROCEDURES FOR RESOLUTION OF CASES AT APPELLATE COURTS

Chapter XV. NATURE OF APPELLATE TRIAL AND THE APPEAL AGAINST JUDGMENTS, DECISIONS OF FIRST-INSTANCE COURTS

Article 270. Nature of appellate trial

Appellate trial means the re-trial by the appellate Court of a case with the first-instance court's judgment or decision having not yet taken legal effect and being appealed against.

Article 271. Persons having the right to appeal

The involved parties or their representatives, agencies, organizations or individuals initiating lawsuits shall have the right to lodge their appeals against judgments or decisions of the first-instance Courts to suspend or terminate the resolution of lawsuits in order to request the appellate Courts to conduct re-trials according to the appellate procedures.

Article 272. Application for an appeal

1. When exercising his/her right to appeal, the appellant shall formulate an application for appeal. An application for an appeal must have the following principal contents:

a) Date on which the application is made;

b) Name, address; phone number, fax number, e-mail address (if any) of the appellant;

c) The section of judgment or decision of the first-instance Court which has not yet taken legal effect and is appealed;

d) The reason(s) for appealing and the appellant's claims.

dd) Signature or fingerprint of the appellant.

2. Any appellant being individual who has fully civil procedure act capacity may formulate application for appeal himself/herself. Regarding the blanks for name and address of the appellant on the application form, full name, address, phone number, fax number, e-mail address (if any) of the appellant must be written. At the end of the application form, the appellant must append his/her signature or fingerprint.

3. For appellant specified in clause 2 of this Article, if the appellant cannot apply for appeal himself/herself, he/she may authorize a representative to conduct the application for appeal. Regarding the blanks for name and address of the appellant on the application form, full name and address of the proxy representative of the appellant; phone number, fax number, e-mail address (if any) of the appellant must be written and the written authorization for conduct application for appeal must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.

4. Lawful representatives of involved parties being agencies or organizations may make appeal themselves. Regarding the blanks for name and address of the appellant on the application form, names, addresses, phone numbers, fax numbers, e-mail addresses (if any) of the involved parties being agencies, organizations and full names and positions of the lawful representatives of the involved parties being must be written. At the end of the application form, the lawful representatives must append signature and affix seal of such agencies/organizations; if the appellant is an enterprise, the seal shall be used according to provisions of the Law on Enterprise.

If the lawful representatives of involved parties being agencies/organizations authorize other persons to conduct appeal, at the blanks for name and address of the appellant on the application form, full names and addresses of the lawful representatives of such agencies/organizations; phone numbers, fax numbers, e-mail addresses (if any) of the agencies/organizations; full names, positions of lawful representatives of such agencies/organizations must be written and written authorizations must be enclosed therewith. At the end of the application form, the proxy representative of appellant must append his/her signature or fingerprint.

5. The lawful representatives of the involved parties being minors or legally incapacitated persons may formulate application for appeal by themselves. At the blanks for name and address of the appellant on the form, full names and addresses of the lawful representatives; full names and addresses of involved parties being minors or legally incapacitated persons must be written. At the end of the application form, the proxy representatives of appellant must append their signatures or fingerprints.

If the lawful representatives of involved parties authorize other persons to conduct appeal, at the blanks for name and address of the appellant on the application form, full names and addresses of the authorized representatives; full names and addresses of the lawful representatives of the involved parties; full names and addresses of involved parties being minors or legally incapacitated persons must be written and the written authorization must be enclosed therewith. At the end of the application form, the proxy representatives of appellant must append their signatures or fingerprints.

6. The authorization specified in clauses 3, 4 and 5 of this Article must be carried out under written authorizations that are lawfully notarized and authenticated, except for cases where such authorizations are formulated under the witness of the Judges or persons assigned by the Chief Justices. The written authorizations must contain the contents of the judgments/decisions on suspension/termination of the cases issued by the first-instance Courts that the involved parties authorized the proxy representatives to file appeals against.

7. The appeal application must be filed with the first-instance Court which rendered the first-instance-judgment or decision being appealed against. Where the appeal application is filed with the appellate Court, the appellate Court must transfer the application to the first-instance Court for carrying out necessary procedures and sending the case file to the appellate Court as provided for in this Code.

8. The appeal application must be accompanied with additional materials and/or evidences (if any) to prove that their appeals are well-grounded and lawful.

Article 273. Time limit for an appeal

1. The time limit for an appeal against the first-instance court's judgment is 15 days as from the date of judgment pronouncement; for the involved parties or representatives of agencies/organizations/individuals initiating lawsuits being absent from the Court sessions or absent when the Court pronounces the judgment with good and sufficient reason, the time limit for an appeal shall be counted from the date the judgment is handed to them or publicly posted up.

For cases where involved parties, representatives of agencies/organizations/individuals initiating lawsuits are present in Court sessions but absent when the Court pronounces the judgment without good and sufficient reason, time limit for an appeal shall be counted from the date of judgment pronouncement.

2. The time limit for an appeal against the first-instance court's decision on to suspend or terminate the resolution of the case is 07 days counting from the day on which the involved parties and the agencies, organizations and individuals initiating lawsuits receive the decision or from the day on which the decision is posted up as prescribed in this Code.

3. For cases where the appeal applications are sent by post, time limit for an appeal shall be determined pursuant to the date written on the post seal of the sending post office. If the appellant is incurring a detainment, the date of appeal shall be the day on which the appeal application is certified by the prison officers.

Article 274. Examination of appeal applications

1. After receiving the appeal applications, the first-instance Courts must examine their validity as provided for in Article 272 of this Code.

2. In case of overdue appeals, the first-instance Courts shall request the appellants to further explain the reasons therefor and provide materials and/or evidences (if any) to prove that the reasons for late submission of their appeal applications are plausible.

3. Where the appeal applications are made not in compliance with the provisions of Article 272 of this Code, the first-instance Courts shall request the appellants to amend or supplement them.

4. An appeal application shall be returned by the Court in the following cases:

a) The appellant is not entitled to file an appeal;

b) The appellant fails to make another appeal application or fails to amend or supplement the appeal application at the request of the Court as prescribed in clause 3 of this Article.

c) Cases specified in clause 2 Article 276 of this Code.

Article 275. Overdue appeals and consideration for overdue appeals

1. Appeals that are not made within the time limit stipulated in Article 273 of this Code shall be the overdue appeals. After receiving overdue appeal applications, the first-instance Courts must forward the applications and the appellants' explanation of the reasons for late filing the appeals, materials and/or evidences (if any) to the appellate Courts.

2. Within 10 days after receiving the overdue appeal applications and the accompanied materials and/or evidences, the Courts of appeal shall set up a Panel consisting of three Judges to consider the overdue appeals. The meetings for considering overdue appeals must be under the presence of representatives of the procuracies of the same level and the overdue appeal applicants. If the appellants and/or the procurators are absent, the meetings shall be still carried on by the Court.

3. Pursuant to materials and evidences related to the overdue appeals, opinions of the overdue appeal applicants and representatives of the procuracies at the meetings, the overdue-appeal-considering Panel shall issue decisions under the majority rule on the acceptance or refusal of the overdue appeals that contain explanation for such acceptance or refusal. The appellate Courts must send their decisions to the overdue appeal applications, the first-instance Courts and the procuracies of the same level. If the appellate Courts accept the overdue appeals, the first-instance Courts shall carry out procedures stipulated in this Code.

Article 276. Notification of payment of appellate Court fee advance

1. After accepting the valid appeal applications the first-instance Courts must notify the appellants thereof so that they pay the appellate Court fee advances as required by law, if they do not fall cases of being exempt from, or having not to pay, the appellate Court fee advances.

2. Within 10 days as from the day on which the courts' notifications of payment of the appellate Court fee advances are received, the appellants must pay the Court fee advances and submit to the first-instance Courts the receipts of the payment of Court fee advances. After such time limit, if the appellants fail to pay the appeal fee Court advances, they shall be deemed to have given up their appeals, unless they have plausible reasons therefor.

If the appellants pay submit the Court the receipts of the payment of Court fee advances after 10 days as from the day on which the courts' notifications of payment of the appellate Court fee advances are received without explanation, the first-instance Courts shall request the appellant to send a writing presenting reasons for the lateness of submission of such receipts to the first-instance Courts within 03 working days from the day on which the courts’ notifications are received to be recorded in the case files. Such cases shall be settled according to the overdue appeal consideration procedures.

Article 277. Notice of appeal

1. After receiving the valid appeal applications, the first-instance Courts must notify such in writing to the procuracies of the same level and the involved parties, enclosed with copies of the appeal applications and additional materials and evidences that the appellants enclosed with the appeal applications.

2. Involved parties relevant to the appeal who are notified of the appeals shall be entitled to send to the appellate Courts documents expressing their opinions on the appealed matters. Such documents shall be included in the case files.

Article 278. Appeal by procuracies

The head of the procuracy of the same level or the immediate superior level shall be entitled to appeal against the first-instance court's judgments or decisions to suspend or terminate the resolution of the cases in order to request the immediate superior Court to directly settle the cases according to the appellate procedures.

Article 279. Appeal decisions of procuracies

1. The procuracies' appeal decisions must be made in writing and contain the following principal contents:

a) Issuing date and serial number of the appeal decision;

b) Name of the procuracy that issues the appeal decision;

c) Appealed sections of parts or the whole first-instance court's judgments or decisions which have not yet taken legal effect;

d) Reason(s) for such appeal and the procuracy's claims.

dd) Full name of the person signing the appeal decision and seal of the procuracy issuing the appeal decision.

2. The appeal decisions must be immediately sent to the first-instance Courts that have rendered the appealed judgments or decisions so that such Courts shall carry out procedures stipulated by this Code and send the case files to the appellate Courts as provided for in Article 283 of this Code.

3. Enclosed with the appeal decisions shall be additional documents and/or evidences (if any) to prove that the procuracies' appeals are well grounded and lawful.

Article 280. Time limit for an appeal

1. The time limit for making an appeal against a first-instance court's judgment shall be 15 days for the procuracy of the same level and 1 month for the immediate superior procuracy, counting from the date of judgment pronouncement. In cases where the procurators do not attend the Court sessions, the appeal time limit shall be counted from the day on which the procuracy of the same level receives the judgment.

2. The time limit for making an appeal against the first-instance court's decision on suspension or termination of the resolution of the case shall be 07 days for procuracy of the same level and 10 days for immediate superior procuracy, counting from the day on which the procuracy of the same level receives such decision.

3. If the Court receives the appeal decision from the procuracy after the time limit prescribed in clauses 1 and 2 of this Article, the first-instance Court shall request the procuracy to provide explanation in writing.

Article 281. Notification of appeals

1. The procuracy issuing an appeal decision must promptly send the appeal decision to the parties relating to the appeal.

2. Persons who are notified of the appeal shall be entitled to send to the appellate Court documents expressing their views on the appealed matters. Such documents shall be included in the case files.

Article 282. Effects of an appeal

1. First-instance courts’ judgments/decisions or parts thereof that are appealed against shall not be enforced, except where the law requires the immediate enforcement thereof.

2. The first-instance courts' judgments/decisions or parts thereof which are not appealed against shall take legal effect as from the day on which the appeal time limit expires.

Article 283. Forwarding case files and appeals

The first-instance Courts must forward case files, appeals and accompanying materials and evidences to the appellate Courts within 05 working days from the date:

1. The time limit for an appeal expires;

2. The appeal time limit expires and the appellant has submitted the receipt of the payment of appellate Court fee advance to the first-instance court.

Article 284. Modifying, supplementing, withdrawing appeals

1. If the time limit for appeal specified in Article 273 of this Code has not expired, the appellant is entitled to modify or supplement the appeal regardless of the scope of the original appeal.

If the time limit for appeal specified in Article 280 of this Code has not expired, the procuracy shall be entitled to modify or supplement the appeal regardless of the scope of the original appeal.

2. Before the opening of appellate Court sessions or in appellate Court sessions, the appellants may modify or supplement their appeals and the procuracies issuing appeal decisions may modify or supplement their appeals, provided that the modification or supplementation must not go beyond the scope of the original appeals or appeals, if the appeal or appeal time limit has expired.

3. Before the opening of appellate Court sessions or in appellate Court sessions, the appellants may withdraw their appeals and the procuracies issuing appeal decisions or the immediate superior procuracy may withdraw their appeals.

The appellate Courts shall terminate the appellate trial over parts of the cases against which the appellants have withdrawn their appeals or the procuracies have withdrawn their appeals.

The termination of the appellate trials before the opening of the appellate Court sessions shall be decided by the presiding Judges of the Court sessions; the termination of the appellate trials in the Court sessions shall be decided by the trial panels.

4. The modification, supplementation or withdrawal of appeals before the opening of appellate Court sessions must be made in writing and sent to the appellate courts. The appellate Courts must notify involved parties of the modification, supplement or withdrawal of appeals and notify the procuracies of the same level of the modification, supplement or withdrawal of the appeals.

The modification, supplementation or withdrawal of appeals in Court sessions must be recorded in the minutes of the Court sessions.

Chapter XVI. PREPARATION FOR AN APPELLATE TRIAL

Article 285. Acceptance of appellate trial

1. Immediately after receiving the case files, appeals and accompanying materials and evidences, the appellate Courts must record them to the acceptance books.

Within 03 working days from the date of judgment acceptance, the Court shall send written notifications to involved parties, agencies, organizations and individuals initiating lawsuits and procuracy of the same level informing that it has accepted the petition; such information shall be also posted on e-portal of the Court (if any).

2. The Chief Justice of the appellate Court shall set up an appellate trial panel and assign a Judge to be the presiding Judge of the Court session.

Article 286. Time limit for preparation for appellate trials

1. Within 02 months as from the day on which the petition is accepted, the competent Court shall, on a case-by-case basis, issue one of the following decisions:

a) To suspend the appellate trial over the cases;

b) To terminate the appellate trial over the cases;

c) To bring a case to appellate trial.

Regarding complicated cases or due to force majeure events or objective obstacles, the Chief Justices of the appellate Courts may issue decisions to extend the time limit for preparation for appellate trial for not exceeding 01 month.

2. Within 01 month form the day on which the decision to bring a case to trial is issued, the Court shall open an appellate Court session; if there is good and sufficient reason, such period shall be 02 months.

3. If there is a decision to suspend the appellate trial over the case, time limit for preparation for the appellate trial shall be calculated from the day on which the decision to resume the lawsuit settlement issued by the Court takes legal effect.

4. Time limit prescribed in this Article shall not be applicable to cases that are appealed according to simplified procedures and cases involving foreign elements.

Article 287. Provision of materials and evidences during the preparation for appellate trial

1. Involved parties are entitled to supplement the following materials and evidences during the preparation for appellate trial:

a) Materials and evidences requested by the first-instance Court that have not been provided by the involved parties due to good and sufficient reason;

b) Materials and evidences not requested by the first-instance Court or

2. Procedures for supplying materials and/or evidences shall be conformable with provisions of Article 96 of this Code.

Article 288. Suspension of the appellate trial

1. If the appellate Court issues a decision to suspend the appellate trial over a case, the effects of such suspensions and the resumption of appellate trial shall conform to provisions of Articles 214, 215 and 216 of this Code.

2. A decision to suspend the appellate trial over a case shall be effective immediately and shall be immediately sent to involved parties, agencies/organizations/individuals initiating the lawsuit and the procuracy of the same level.

Article 289. Termination of the appellate trial

1. The appellate Court shall issue a decision to suspend the appellate trial over a case or a part of a case in the following cases:

a) Cases specified in points a and b clause 1 Article 217 of this Code;

b) The appellant withdraw the whole appeal or the procuracy withdraw the whole appeal;

c) The appellant withdraw a part of the appeal or the procuracy withdraw a part of the appeal;

d) Other cases as prescribed by law.

2. If the appellant withdraws the whole appeal or the procuracy withdraws the whole appeal before the appellate Court issues the decision to bring a case to appellate trial, the decision to terminate the appellate trial shall be issued by the Judge assigned to preside the Court session; if the appellant withdraws the whole appeal or the procuracy withdraws the whole appeal when the Court has issued the decision to bring a case to appellate trial, the decision to terminate the appellate trial shall be issued by the appellate trial panel.

In such cases, first-instance judgments/decisions shall take legal effect from the day on which the appellate Courts issue the decisions to terminate the appellate trial.

3. If the appellant withdraws a part of the appeal or the procuracy withdraws a part of the appeal, the appellate trial panel shall consider such withdrawal and issue a decision on termination of a part of the appeal in the appellate judgment.

4. A decision to terminate the appellate trial over a case shall be effective immediately and shall be immediately sent to involved parties, agencies/organizations/individuals initiating the lawsuit and the procuracy of the same level.

Article 290. Decision to bring a case to appellate trial

1. A decision to bring a case to appellate trial shall consist of the following principal contents:

a) Information specified in points a, b, c, d, g, h and I clause 1 Article 220 of this Code;

b) Full name of the Judge, Court clerk; full name of alternate Judge (if any);

c) Full name, procedural capacity of the appellant;

d) Procuracy lodging appeal (if any);

dd) Full name of the procurator participating in the Court session; full name of the alternate procurator (if any).

2. A decision to bring a case to appellate trial must be sent to involved parties and procuracy of the same level within 03 working days from the day on which it is issued.

Article 291. Decision to apply, change or cancel provisional emergency measures

Within the preparation for appellate trials, appellate Courts shall be entitled to issue decisions to apply, change or cancel provisional emergency measures prescribed in Chapter VIII of this Code.

Article 292. Forwarding the case files to the procuracies for study

1. Appellate Courts must forward the case files and decisions to bring the case to trial to procuracies of the same levels for study.

2. The procuracies shall study the files within 15 days as from the day on which such case files are received; upon the expiry of such time limit, the procuracies must return the case files to the Courts.

Chapter XVII. APPELLATE TRIAL PROCEDURES

Section 1. PROCEDURES FOR OPENING AN APPELLATE COURT SESSION

Article 293. Scope of appellate trial

The appellate Courts shall only review the parts of the first-instance judgments/decisions, which are appealed against or related to the review of the appealed contents.

Article 294. Participants in appellate Court sessions

1. The appellants, the involved parties, agencies/organizations/individuals that are related to the resolution of the appeals and the defense counsels of the involved parties' legitimate rights and interests must be summoned to the appellate Court sessions. The Courts can summon other procedure participants to Court sessions if they deem it necessary for the resolution of the appeals.

2. Procurators of the procuracy of the same level shall participate in the appellate Court session.

Article 295. Suspension or termination of appellate trials in Court sessions

At appellate Court sessions, the suspension or termination of the appellate trail of cases shall comply with the provisions of Articles 288 and 289 of this Code.

Article 296. Postponement of appellate Court sessions

1. If the procurators assigned to participate in the appellate Court sessions are absent, the trial panels shall not postpone the Court sessions and shall carry on the trial, unless the procuracy lodge appeals.

2. If people who file appeals, people who do not file appeals but have interests and duties related to the appeals or defense counsels of their legitimate rights and interests are absent at the first time they are duly summoned, the Court sessions must be postponed. If they apply for trial in their absence, the Judge shall carry out the appellate Court sessions according to procedures for trial in their absence.

3. If the appellants who have been duly summoned twice but are still absent, they shall be considered having waived their appeals and the Courts shall issue decisions to stop the appellate trial over the appeals of such appellants; if such appellants apply for trials in their absence, the Court shall carry out the appellate Court sessions in their absence.

If the appellants are absent due to force majeure events or objective obstacles, the Court sessions must be postponed.

If there are more than one appellants and any of whom has been duly summoned twice but are still absent without application for trials in their absence, he/she shall be considered having waived their appeals and the Court shall bring the case to trial. In the decision of the judgment, the Court shall terminate the appellate trial for the appeal of such absent appellant.

If people who do not file appeals but have interests and duties related to the appeals and other participants who have been duly summoned twice by the Courts but still absent, the Court shall carry on the trial.

4. The duration for postponement of, and the decisions to postpone, the appellate Court sessions shall comply with the provisions of Article 233 of this Code.

Article 297. Preparation for the opening of appellate Court sessions and procedures for starting the appellate Court sessions

The preparation for the opening of appellate Court sessions and the procedures for starting the appellate Court sessions shall comply with the provisions of Articles 237, 239, 240, 241 and 242 of this Code.

Article 298. Asking about the appeals and processing of change of appeals in Court sessions

1. After the conclusion of the procedures for opening an appellate Court session, a member of the trial panel shall announce the contents of the case, the decision of the first-instance judgment and the appealed contents.

2. The presiding Judge shall ask the following issues:

a) Whether or not the plaintiff wishes to withdraw his/her/its lawsuit petition or not;

b) Whether or not the appellant or the procurator wishes to change, supplement or withdraw their appeal;

c) Whether or not the involved parties can reach mutual agreements on the resolution of the case.

3. If the appellant withdraws a part of the appeal or the procuracy withdraws a part of the appeal, Court shall accept such withdrawal. If the appellant or the procuracy supplement contents that exceed the original scope of appeal, the Court shall not consider such contents.

Article 299. Plaintiffs withdraw lawsuit petitions before the opening of, or in, appellate Court sessions

1. If the plaintiffs withdraw their lawsuit petitions before the opening of, or in, appellate Court sessions, the appellate Trial Panels must ask the defendants whether they agree therewith or not and may settle on a case-by-case basis as follows:

a) Disapproving the withdrawal of lawsuit petitions by the plaintiffs if the defendants disagree;

b) Approving the withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The Appellate Trial Panels shall issue decisions to abrogate first-instance judgments and terminate the resolution of the cases. In this case, the involved parties are still required to pay the first-instance Court fees as decided by the first-instance Courts and half of the appellate Court fees as provided for by law.

2. In cases where the Appellate Trial Panels issue decisions to terminate the resolution of the cases as prescribed in point b clause 1 of this Article, the plaintiffs shall be entitled to re-institute the cases according to the procedures prescribed by this Code.

Article 300. Recognizing the agreement of the involved parties in appellate Court sessions

1. In appellate Court sessions, if the involved parties can reach mutual agreement on the resolution of their cases and their agreements are voluntary and not contrary to law or social ethics, the appellate trial panels shall render appellate judgments to revise the first-instance Court judgments and recognize the agreement of the involved parties.

2. The involved parties may also reach agreement on the payment of the first-instance Court fees. If they fail to reach such agreement, the Courts shall make decision according to law provisions.

Section 2. ORAL ARGUMENT IN APPELLATE Court SESSIONS

Section 301. Contents and forms of oral argument in appellate Court sessions

Contents and forms of oral argument in appellate Court sessions shall comply with regulations in Article 247 of this Code.

Article 302. Presentations of the involved parties and procurators in appellate Court sessions

If the involved parties maintain the appeals and the procuracies maintain the appeals, the presentations in appellate Court sessions shall be performed as follows:

1. Presentation of appeals:

a) Defense counsels of legitimate rights and interests of the appellant shall make presentation of the contents of appeals and grounds for the appeals. The appellants may give additional opinions.

In cases where all involved parties appeal, the presentations shall be made in the following order: the defense counsels of legitimate rights and interests of the appellants being plaintiffs and the plaintiffs; the defense counsels of legitimate rights and interests of the appellants being defendants and the defendants; the defense counsels of the legitimate rights and interests of the appellants being persons with related interests and duties and the persons with related interests and duties;

b) In case where only the procuracies file appeals, the procuracies shall make presentation of the appealed contents. In cases where there are both appeal, the involved parties shall present the appealed contents and the grounds therefore first, then the procurators shall present the appealed contents and the grounds therefor;

c) In cases where the involved parties have no defense counsels, they shall themselves present their opinions on the appealed contents as well as their proposals.

2. The defense counsels of legitimate rights and interests of other parties related to the appeal shall present their opinions on the appealed contents. The involved parties may give additional opinions.

3. In the appellate Court sessions, the involved parties and procurators may product additional evidences.

Article 303. Procedures for inquiries and publication of materials and evidences examination of exhibits in appellate Court sessions

1. Procedures for inquiring participants and publishing materials and evidences, examining exhibits prescribed in Article 287 of this Code in appellate Court sessions shall be the same as those applicable in first-instance Court sessions.

2. The inquiry shall be made on matters falling within the scope of appellate trials as stipulated in Article 293 of this Code.

Article 304. Postponement of appellate Court sessions

The postponement of appellate Court sessions shall comply with regulations in Article 259 of this Code.

Article 305. Arguments in appellate Court sessions

1. In appellate Court sessions, involved parties and defense counsels of legitimate rights and interests of involved parties shall argue only about matters falling within the scope of appellate trials that have been inquired in appellate Court sessions.

2. Appellate arguments shall be conducted according to the following order:

a) Defense counsels of legitimate rights and interests of the appellant shall make presentation. The appellants may give additional opinions;

b) Defense counsels of legitimate rights and interests of the involved parties shall present arguments, question and answer. The involved parties may give additional opinions;

c) When it is deemed necessary, the trial panel may request involved parties to present additional arguments about specific matters to form basis for the resolution of the case.

3. Appeal arguments shall be conducted according to the following order:

a) Defense counsels of legitimate rights and interests of the involved parties shall present about the lawfulness and the groundedness of the appeal. The involved parties may give additional opinions;

b) Procurators shall present opinions about matters presented by defense counsels of legitimate rights and interests of involved parties and/or involved parties.

4. If the involved parties have no defense counsels of legitimate rights and interests, they shall argue themselves.

5. If any of the involved parties or other participants is absent, the presiding Judge of the Court session must publish their testimonies, base on which the involved parties present in the Court session can argue and question and answer.

Article 306. Presentations of the procurators in appellate Court sessions

When the arguments and questioning and answering finish, the procurators shall present opinions of the procuracies on the compliance with law provisions during the resolution of civil lawsuits in appellate trial period.

Immediately when the Court sessions finish, the procurators must send the writing containing the procuracies’ opinions to the Courts to be kept in the case files.

Article 307. Deliberation and judgment pronouncement

The deliberation, the inquiry resumption and arguments, the time for deliberation, pronouncement, amendment and supplementation of appellate judgments shall comply with the first-instance trial procedures.

Article 308. Jurisdiction of the appellate trial panels

The appellate trial panels shall have the power as follows:

1. To uphold the first-instance judgments;

2. To revise the first-instance judgments;

3. To repeal the whole or parts of first-instance judgments and transfer the case files to the first-instance Courts for retrial over the cases according to first-instance procedures;

4. To repeal the first-instance judgments and terminate the resolution of the cases;

5. To terminate the appellate trial;

6. To suspend the case resolution in case the Chief Justice of the Supreme People’s Court recommend competent agencies to consider amending, supplementing or repealing legislative documents denoting contrary to provisions of Constitutions, laws, Resolutions of National Assembly, ordinances, Resolutions of the Standing committee of the National Assembly, legislative documents of superior regulatory agencies until the competent agencies respond in writing.

Article 309. Amendment to first-instance judgments

The appellate trial panels can revise part or whole of a first-instance judgment if the first-instance Court made a decision in contravention of law in the following cases:

1. The collection of evidences and proof has been carried out sufficiently and in accordance with the provisions of Chapter VII of this Code;

2. The collection of evidences and proof that have not been carried out sufficiently in first-instance Courts are completely supplemented in appellate Court sessions.

Article 310. Repeal of the whole or parts of first-instance judgments and transfer of the case files to the first-instance Courts for retrial over the cases according to first-instance procedures

The appellate trial panels shall repeal the whole or parts of first-instance judgments and transfer the case files to the first-instance Courts for retrial over the cases according to first-instance procedures in any of the following cases:

1. The collection of evidences and proof have failed to comply with the provisions of Chapter VII of this Code or have not yet been fully carried out while the supplementation thereof cannot be made in the appellate Court sessions;

2. The composition of the first-instance Trial Panels has fail to comply with the provisions of this Code or other serious procedural violations have been committed and affect lawful rights and interests of the involved parties.

Article 311. Annulment of first-instance judgments and termination of case resolution

The appellate trial panels shall annul first-instance judgments and terminate the case adjudication if during the resolution of the cases in the first-instance Court sessions, the cases fell under one of the circumstances stipulated in Article 217 or point b clause 1 Article 299 of this Code.

Article 312. Termination of the appellate trial

The appellate trial panels shall terminate the appellate trial and uphold the first-instance judgment in any of the following cases:

1. Cases specified in clause 2 Article 289 of this Code;

2. The appellant is absent though has been duly summoned twice as prescribed in clause 3 Article 296 of this Code, unless the case is appealed against by another appellant by the procuracy.

Article 313. Appellate Court judgments

1. The appellate trial panels shall, in the name of the Socialist Republic of Vietnam, render appellate Court judgments.

2. An appellate Court judgment shall be composed of:

a) The introduction;

b) The case contents, appeal, assessment;

c) The Court decision.

3. The introduction section must clearly state the name of the appellate court; the code number and date of the case acceptance; the serial number of the judgment and the date of judgment pronouncement; full names of the members of the trial panel, Court reporter, procurator, expert-witness and interpreter; full names and addresses of the plaintiffs, defendants, persons with related rights and obligations; agencies or organizations initiating the lawsuit or their lawful representatives, the defense counsels of their legitimate rights and interests; appellants or appealing procuracy; public or closed trial, time and place of trial.

4. The section on the case contents, the appeal and assessment must summarize the contents of the case and decision of the first-instance court; content of the appeal.

The Court must base themselves on materials and evidences examined at the Court session and result of argument at the Court session to analyze and assess comprehensively and objectively the appeal, details of the case, the adjudication and resolution of the first-instance court, legal grounds applied by the Court, if the case is of the cases specified in clause 2 Article 4 of this Code, the Court shall also base themselves on customs, legal similarity, basic principles of civil law, precedent or the justice to decide to accept or not to accept the appeal and to resolve relevant matters.

The decision must state legal grounds, decisions of the trial panel on each matters to be resolved in the case, on the application of provisional emergency measures, first-instance court’s fees, appellate court’s fees and procedural charges (if any).

5. When retrying cases whose judgments or decisions have been partial or wholly repealed according to cassation/reopening decisions, the Court shall resolve all issues pertaining to properties and/or duties that have been executed (if any) according to legally effective judgments and decisions that are repealed; such shall be recorded in the judgment.

6. The appellate judgments shall take effect as from the date they are pronounced.

Article 314. Procedures for appellate revision of decisions of the first-instance Courts which are appealed against

1. When conducting appellate trial over first-instance courts' decisions, which are appealed against, the appellate trial panels shall not be required to open Court sessions nor summon the involved parties, except where it is necessary to hear their opinions before making decisions.

2. Within 01 month form the day on which the appeal against a decision of a first-instance Court is accepted, the Court shall open an appellate meeting to review such decision; if there is good and sufficient reason, such period shall be 02 months. Procurators of the procuracy of the same level shall participate in the appellate meeting. If the procurators are absent, the meetings shall be still carried on by the Court, unless the procuracy lodges an appeal.

3. One member of the appellate panel shall present the summarized contents of the first-instance judgments which are appealed against, the contents of the appeals and accompanying materials as well as evidences (if any).

4. The procurators shall state the procuracies' opinions on the resolution of the appeals before the appellate trial panels make decisions.

5. When reviewing the first-instance courts' decisions, which are appealed against, the appellate trial panels shall have the power to:

a) Uphold the first-instance courts' decisions;

b) Amend the first-instance courts' decisions;

c) Repeal the first-instance courts' decisions and transfer the case files to the first-instance Courts to continue the resolution of the cases.

6. The appellate decisions shall take effect as from the day on which they are issued.

Article 315. Forwarding appellate judgments/decisions

1. Within 15 days as from the day on which the appellate judgments or decisions are issued, the appellate Courts must forward the judgments and/or decisions to the Courts which conducted the first-instance trials, the procuracies of the same levels, the competent civil judgment-executing bodies, the appellants, persons whose rights and obligations are related to the appeals or their lawful representatives.

If the appellate trial is conducted by a Collegial People’s Court, such time limit may be extended for not exceeding 25 days.

2. An appellate judgment/decision pertaining to interests of consumers initiated by a social organization protecting interests of consumers must be publicly posted at the office of the Court and must be publicly posted on one of central or local dailies for three consecutive issues.

An appellate judgment/decision relevant to the compensation responsibility of the State must be sent to State management agencies competent in state compensation by the appellate Court.

Regarding appellate judgments/decisions related to the change of civil statuses of individuals, within 05 working days from the day on which such judgments/decisions take legal effect, the appellate Courts shall send written notifications enclosed with copies of the judgments/decisions to People’s Committees where such individuals registered civil statuses as prescribed in the Law on civil status.

3. The appellate judgments shall be posted on e-portal of the Court (if any), except for court’s judgments containing information specified in clause 2 Article 109 of this Code.

PART FOUR. RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURES

Chapter XVIII. RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURES AT FIRST-INSTANCE TRIALS

Article 316. Scope of application of simplified procedures

1. Simplified procedures are procedures that are applied to resolve civil lawsuits which fully satisfy conditions specified in this Code in simpler procedures than common civil lawsuit resolution procedures to resolve the cases quickly but still ensure the compliance with law.

2. Provisions of the Part shall be applied to resolve cases according to simplified procedures; cases other than those specified in this Part shall be resolved according to other provisions of this Code.

3. If there are other law provisions stating that a civil dispute shall be resolved according to simplified procedure, the resolution of such dispute shall be conducted according to procedures specified in this Part.

Article 317. Conditions for application of simplified procedures

1. The Court shall resolve a case according to simplified procedure when all of the following conditions are satisfied:

a) The case has simple details, clear legal relationship and the involved parties have admitted their obligations; materials and evidences are sufficient, ensuring the sufficiency of grounds for the resolution of the case and the Court does not have to collect materials/evidences;

b) Addresses of residence and headquarters of all of involved parties are determined;

c) None of involved parties reside overseas and there are no properties being in dispute are in foreign countries, unless the involved parties residing overseas and the ones residing in Vietnam have reached agreements to request the Courts to resolve the cases according to simplified procedures or the involved parties have presented evidences about the legitimate right to ownership towards the properties and have reached agreements about the handling of the properties.

2. Regarding labor cases that have been accepted and settled according to simplified procedures, if the employers having foreign nationalities or their lawful representatives have left their residence/headquarter addresses that have been priorly declared without notification to other involved parties and the Courts, such entities shall be considered to conceal their addressees on purpose. The Courts shall continue resolving the cases according to simplified procedure specified in this Part.

3. During the preparation for the resolution of the cases according to simplified procedures, if any of the following details is detected and, as the result, the cases no longer eligible for resolution according to simplified procedures, the Courts shall make decisions to resolve the cases according to common procedures:

a) New details are found out but the involved parties cannot reach agreements and therefore such details need verification, more materials and evidences need to be collected and expertises need to be conducted;

b) Involved parties cannot reach agreements about the prices of the properties being in dispute and such properties shall be subject to price assessment/appraisal;

c) Cases where provisional emergency measures must be applied;

d) New persons with relevant interests and duties are found out;

dd) New counter-claims or independent claims are found out;

e) New involved parties who reside overseas, properties in dispute that are in foreign countries, requirements for verification or collection of evidences from foreign countries subject to request for judicial assistance, except for cases specified in point c clause 1 of this Article.

4. If the cases are transferred for resolution according to common procedures, the duration for preparation for the resolution of the cases shall be re-counted from the day on which the decisions to transfer the cases for resolution according to common procedures are issued.

Article 318. Decisions to bring cases to trial for resolution according to simplified procedures

1. Within 01 month from the day on which the cases are accepted according to regulations in clauses 3 and 4 Article 195 of this Code, the Judge who are assigned to resolve the case must make decisions to bring the cases to trial for resolution according to simplified procedures and shall hold the trials within 10 days from the day on which the decisions are issued.

2. A decision to bring a case to trial for resolution according to simplified procedures shall include the following main contents:

a) Date of issuing the decision;

b) Name of the Courts making the decision;

c) The case that is brought to trial for resolution according to simplified procedure;

d) Names, addresses; phone numbers, fax numbers, e-mail addresses (if any) of the plaintiffs, the defendants or agencies, organizations or individuals initiating lawsuits specified in Article 187 of this Code and persons with relevant interests and duties;

dd) Full names of the Judge, the Court clerk; full name of the alternate Judge (if any);

e) Full name of the procurator; full name of the alternate procurator (if any);

g) Date, time and place of holding the Court session;

h) Whether the session is open trial or closed trial;

i) Full names of persons summoned to the Court session.

3. The decisions to bring the case to trial for resolution according to simplified procedures shall be immediately sent to involved parties and procuracies of the same levels.

If the procuracies participate in the Court sessions according to regulations in clause 2 Article 21 of this Code, the Courts shall send the case files and the decisions to bring the cases to trial to procuracies of the same levels. Within 03 working days from the day on which the case files are received, the procuracies shall study the files and return them to the Courts.

Article 319. Complaints, recommendations about decisions to bring cases to trial for resolution according to simplified procedures and resolution thereof

1. Within 03 working days from the day on which the decisions to bring the cases to trial for resolution according to simplified procedures are received, involved parties may file complaints and the procuracies of the same levels may file recommendations to the Chief Justices of the Courts issuing such decisions.

2. Within 03 working days from the day on which the complaints/recommendations about the decisions to bring the cases to trial for resolution according to simplified procedures are received, the Courts shall issue one of the following decisions:

a) To uphold the decision to bring the case to trial for resolution according to simplified procedures;

b) To repeal the decision to bring the case to trial for resolution according to simplified procedure and transfer the case for resolution according to common procedures.

3. The decisions on resolution of complaints/recommendations issued by the Courts shall be the final ones and must be immediately sent to the involved parties and the procuracies of the same levels.

Article 320. Court sessions conducting simplified procedures

1. Involved parties, procurators of procuracies of the same levels must attend the Court sessions conducting simplified procedures. If the procurators are absent, the trial panels shall still hold the session. Involved parties may apply for trial in their absence.

If the defendants or the persons with relevant interests and duties are absent without good and sufficient reasons though have been duly summoned, the Court sessions shall be still carried out by the Judge.

2. The Judge shall carry out the opening of the Court sessions according to regulations in Article 239 of this Code.

3. When the Court sessions have been opened, the Judge shall conduct mediation process, except for cases must not be mediated specified in Article 206 and cases cannot be mediated specified in Article 207 of this Code. If the involved parties can reach agreements about matters to be resolved in the cases, the Judge shall issue decisions to recognize such agreements as provided for in Article 212 of this Code. If the involved parties fail to reach agreements about such matters, the Judge shall conduct the resolution process.

The presentation, argument, question and answer and suggestion about the resolution of the cases shall comply with regulations in Section 3 Chapter XIV of this Code.

4. If at the Court sessions, new details detected as prescribed in clause 3 Article 317 of this Code make the cases no longer eligible for resolution according to simplified procedures, then the Judge shall consider issuing decisions to transfer the cases for resolution according to common procedures. In these cases, time limit for preparation for the resolution of the cases shall be counted according to regulations in clause 4 Article 317 of this Code.

Article 321. Effect of judgments/decisions made according to simplified procedures

1. First-instance judgments/decisions of the Courts made according to simplified procedures can be appealed against according to appellate procedures to request the first-instance Courts to re-settle the cases according to appellate simplified procedures.

2. Judgments/decisions made according to simplified procedures can be appealed against according to cassation/reopening procedures as provided for in this Code.

Chapter XIX. RESOLUTION OF CIVIL LAWSUITS ACCORDING TO SIMPLIFIED PROCEDURE AT APPELLATE TRIALS

Article 322. Time limit for appeal against judgments/decisions made according to simplified procedures

1. Time limit for filing appeal against a judgment/decision of first-instance Court issued according to simplified procedures shall be 07 days from the day on which the judgment is pronounced. Regarding involved parties who were absent from the Court sessions, time limit for them to appeal against judgments/decisions shall be counted from the day on which such judgments/decisions are received or the day on which such judgments/decisions are posted.

2. Time limit for filing appeal against a judgment/decision of the first-instance Court issued according to simplified procedure shall be 07 days (applicable to appeals made by procuracies of the same levels) or 10 days (applicable to appeals made by the immediately superior procuracies) from the day on which such judgment/decision is received.

Article 323. Time limit for preparation for appellate trials conducted according to simplified procedures

1. Within 01 month from the day on which the cases are accepted, for specific cases, the Judge assigned to resolve the cases according to appellate procedures shall issue one of the following decisions:

a) To suspend the appellate process of the case;

b) To terminate the appellate process of the case;

c) To bring the case to appellate trial.

2. The decisions to bring cases to trial shall contain the information specified in clause 1 Article 290 of this Code. The decisions to bring cases to trial must be immediately sent to persons related to the appeal process and the procuracies of the same level, enclosed with the file cases for study.

Time limit for the procuracies to study the case files shall be 05 working days counting from the day on which the case files are received; when such time limit expires, the procuracies must return them to the Courts.

3. If a decision to terminate the appellate process for the case is issued, time limit for preparation for the appellate trial shall be re-counted from the day on which the Court resume the appellate trial process when the reasons for suspension are resolved.

4. If new details are found out as prescribed in clause 3 Article 317 of this Code, the Courts shall issue decisions to transfer the cases for resolution according to common procedures. In these cases, time limit for preparation for the resolution of the cases shall be counted according to regulations in clause 4 Article 317 of this Code.

Article 324. Appellate simplified procedures for judgments/decisions of first-instance Courts that are appealed against

1. Within 15 days from the day on which decisions to bring cases to appellate trial are issued, the Judges shall hold the appellate Court sessions.

2. Involved parties, procurators of procuracies of the same levels must attend the appellate Court sessions. If the procurators are absent, the trial panels shall still carry out the trials, unless the procuracies file appeals. Involved parties may apply for trial in their absence.

If the involved parties who do not file appeals are absent without good and sufficient reasons though have been duly summoned, the Judges shall still carry out the trials.

3. The Judge shall present briefly the contents of the first-instance judgments/decisions that are appealed against, contents of the appeals and the enclosed materials/evidences (if any).

4. Defense counsels of legitimate rights and interests of the involved parties shall make presentation and the involved parties shall supplement opinions about the contents of the appeals, present arguments, questions, answers and opinions about the resolution of the cases.

5. When the argument, questioning and answering finish, the procurators shall express the procuracies’ opinions about the compliance with law during the resolution of the civil lawsuits in the appellate stage.

Immediately when the Court sessions finish, procurators must send the writings containing procuracies’ opinions to the Courts to be kept in the case files.

6. When reviewing judgments/decisions of first-instance Courts that are appealed against, the Judges shall be entitled to:

a) Uphold the judgments/decisions of first-instance Courts;

b) Modify judgments/decisions of first-instance Courts;

c) Repeal the judgments/decisions of first-instance Courts and transfer the case files to first-instance Courts so that the cases could be resolve again according to simplified procedure, or according to common procedures in cases conditions for resolution according to simplified procedures are not fully satisfied;

d) Repeal the first-instance judgments and terminate the resolution of the cases;

dd) Terminate the appellate trials and uphold the first-instance judgments.

7. Appellate judgments/decisions shall be legally effective from the day on which the judgments/decisions are issued.

PART FIVE. PROCEDURES FOR REVIEWING LEGALLY EFFECTIVE JUDGMENTS/DECISIONS

Chapter XX. CASSATION PROCEDURES

Article 325. Nature of cassation

Cassation means the review of courts' legally effective judgments or decisions, which are appealed against when there are grounds specified in Article 326 of this Code are satisfied.

Article 326. Grounds and conditions for appeal according to cassation procedures

1. A legally effective judgment/decision of the Court shall be appealed against according to cassation procedures when there is one of the following grounds:

a) Conclusion in the judgment/decision is incompatible with the objective details of the cases, causing damage to legitimate rights and interests of the involved parties;

b) There are serious violations against procedures that prevent involved parties from executing their procedural rights and obligations, as the result, their legitimate rights and interests are not protected as prescribed in law;

c) There are mistakes in the application of law leading to the issuance of wrong judgments/decisions, causing bad effect to legitimate rights and interests of involved parties, infringing upon public benefits, State benefits, legitimate rights and interests of the third parties.

2. Persons competent to lodge appeals specified in Article 331 of this Code shall lodge appeals against Courts’ judgments/decisions that are legally effective when there is one of the grounds specified in clause 1 of this Article and shall file applications as provided for in Article 328 of this Code or make notifications/recommendations as prescribed in clauses 2 and 3 Article 327 of this Code. If the judgments/decisions infringe upon public benefits, State benefits, legitimate rights and interests of the third parties, the applications are not required.

Article 327. Discovering legally effective judgments or decisions of Courts which need to be reviewed according to cassation procedures

1. Within 01 year from the day on which the Court’s judgments/decisions takes legally effect, if any legal violations in the judgments/decisions is discovered, involved parties are entitled to submit written applications to persons competent to lodge appeal specified in Article 331 of this Code for consideration according to cassation procedures.

2. If the Courts, the procuracies or other agencies/organizations/individuals discover legal violations in the Courts’ judgments/decisions that are legally effective, written notifications must be sent to persons competent to lodge appeals provided for in Article 331 of this Code.

3. Chief Justices of People’s Courts of provinces shall file recommendations to Chief Justices of Collegial People’s Courts/Supreme People’s Courts, the Chief Justices of Collegial People’s Courts shall file recommendations to Chief Justices of Supreme People’s Courts, to review the appeals against Courts’ judgments/decisions that are legally effective according to cassation procedures if any ground specified in clause 1 Article 326 of this Code is discovered.

Article 328. Application for reviewing legally effective judgments or decisions according to cassation procedures

1. An application for reviewing Courts’ judgments/decisions which are legally effective according to cassation procedures must have the following principal details:

a) Date of making the application;

b) Name and address of the applicant;

c) Name of the Court’s legally effective judgment/decision subject to reviewing according to cassation procedures;

d) Reasons for the application, requests of the applicant;

dd) Signature or fingerprints, applicable to applicants being individuals, or signature and seal of lawful representatives, applicable to applicants being agencies or organizations, in the end of the application. If the applicant is an enterprise, the use of the seal shall comply with provisions of the Law on Enterprise.

2. Enclosed with the application shall be Courts' legally effective judgments/decisions and materials and evidences (if any) to prove that the applicants’ requests are well-grounded and lawful.

3. The application and materials and/or evidences shall be sent to persons competent to lodge appeals provided for in Article 331 of this Code.

Article 329. Procedures for receiving applications for reviewing courts’ legally effective judgments or decisions according to cassation procedures

1. Courts/procuracies shall receive applications that are submitted by the involved parties directly at the Courts/procuracies or by post and shall record to the application registers and issue receiving slips for involved parties. Date of sending of application shall be calculated from the day on which the involved parties submit the application at the Courts/procuracies or the sending date written on the post seal.

2. Courts/procuracies shall accept the applications only when all provisions specified in Article 328 of this Code are satisfied. If the applications do not satisfy conditions specified in Article 328 of this Code, the Courts/Procuracies shall request the applicants to submit application for amendment/supplement within 01 month from the day on which the requests from the Courts/Procuracies are received. Upon the expiry of such period, if the applicants fail to conduct amendment/supplement, the Courts/Procuracies shall return the applications enclosed with explanation and note such cases in the application registers.

3. Persons competent to file appeals according to cassation procedures shall assign persons to study the petitions, notifications, recommendations and case files then request the persons competent to file appeals to consider and make decisions. If the petitions are rejected, written notifications containing explanation shall be sent to involved parties, agencies, organizations and individuals that have sent the notifications/recommendations.

The Chief Justice of the Supreme People’s Court shall assign Judges of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy shall assign procurators of the Supreme People’s Procuracy to study the petitions, notifications, recommendations, case files and report them to the Chief Justice of the Supreme People’s Court and the Chairperson of the Supreme People’s Procuracy for considering and making decisions on appeal. If the petitions are rejected, the Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy shall, by themselves or authorize the Judge of the Supreme People’s Court and procurators of the Supreme People’s Procuracy to send written notifications containing explanation to the involved parties and individuals that have sent the notifications/recommendations.

Article 330. Supplement, verification of materials and evidences in cassation procedures

1. Involved parties shall be entitled to provide materials and evidences for persons competent to file appeals according to cassation procedures if such materials and evidences have not been supplied to the first-instance Courts or the appellate Courts because such Courts had not required or because the involved parties failed to supplied due to good and sufficient reasons or because the involved parties did not know about such materials and evidences during the resolution of the cases.

2. During the resolution of petitions for consideration of the legally effective judgments/decisions of Courts according to cassation procedures, persons competent to file appeals according to cassation procedures shall be entitled to request the petitioners to supplement materials and evidences or inspect and verify the materials and evidences by themselves if necessary.

Article 331. Persons competent to appeal according to cassation procedures

1. The Chief Justice of the Supreme People's Court and the Chairperson of the Supreme People’s Procuracy shall be competent to appeal according to cassation procedures against the legally effective judgments or decisions of the Collegial People’s Court; legally effective judgments or decisions of other Courts when it is deemed necessary, except for cassation decisions of the Council of Judges of the Supreme People's Court.

2. The Chief Justices of the Collegial People’s Courts and the chairpersons of the shall be entitled to appeal according to the cassation procedures against legally effective judgments or decisions of People’s Courts of provinces or People’s Courts of districts within territorial competence.

Article 332. Postponement and suspension of enforcement of legally effective judgments or decisions

1. Persons who are competent to appeal against legally effective judgments or decisions of Courts may request the postponement of enforcement of judgments or decisions in order to consider the appeals according to cassation procedures. The postponement of enforcement of judgments shall comply with law regulations on civil judgment execution.

2. Persons who have appealed according to cassation procedures legally effective judgments or decisions shall have the right to decide on the suspension of enforcement of such judgments or decisions until the cassation decisions are made.

Article 333. Decisions to appeal according to cassation procedures

A decision to appeal according to cassation procedures shall consist of the following principal contents:

1. Date and number of the appeal decision;

2. Position of the person who makes the appeal decision;

3. Number and date of the legally effective judgment or decision being appealed against;

4. Decisions of the legally effective judgment or decision being appealed against;

5. Comments, analysis of the violations or errors of the legally effective judgment or decision being appealed against;

6. Legal grounds for making the appeal decision;

7. Whether the appeal is against parts or whole of the legally effective judgment or decision;

8. Name of the Court that is competent to conduct cassation of such case;

9. Proposals of the appellant.

Article 334. Time limit for appeal according to cassation procedures

1. Persons competent to appeal according to cassation procedures are entitled to lodge the appeal within 03 year from the day on which the Court’s judgments/decisions takes legally effect, except for cases specified in clause 2 of this Article.

2. If the time limit for appeal prescribed in clause 1 of this Article expires such time limit shall be extended by 02 years from the day on which such time limit expires if the following conditions are satisfied:

a) The involved parties have submitted applications provided for in clause 1 Article 328 of this Code and maintain the application when the time limit for appeal provided for in clause 1 of this Article has expired;

b) Courts’ legally effective judgments/decisions are contrary to law as prescribed in clause 1 Article 326 of this Code, seriously affecting legitimate rights and interests of involved parties and/or third parties, public benefits, State benefits and are subject to appeal to eliminate faults in such legally effective judgments/decisions.

Article 335. Modification, supplementation, withdrawal of appeals according to cassation procedures

1. Persons who have appealed according to cassation procedures shall be entitled to modify or supplement the appeals if the appeal time limit prescribed in Article 334 of this Code has not yet expired. Such modification/supplement must be made under decisions. Decisions to modify/supplement appeals must be sent according to provisions of Article 336 of this Code.

2. Persons who have appealed shall be entitled to withdraw parts or whole of the appeal decisions before the opening of Court sessions or in cassation Court sessions. Such withdrawal must be made under decisions.

3. After receiving decisions to withdraw whole of the appeal, the cassation Courts shall issue decisions to terminate the cassation trial.

Article 336. Forwarding decisions to appeal according to cassation procedures

1. Decisions to appeal according to cassation procedures must be immediately sent to the Courts that have issued the legally effective judgments/decisions being appealed against, the involved parties, the competent civil judgment-executing agencies and persons whose interests and duties are related to the appealed contents.

2. In cases where the Chief Justices of the Supreme People's Court or the Chief Justices of the Collegial People’s Courts appeal, the appeal decisions and the case files must be immediately sent to the Procuracies of the same level. The procuracies shall study the files within 15 days as from the day on which the case files are received; upon the expiry of such time limit, the procuracies must transfer the case files to the Courts competent to hear the cases according to cassation procedures.

3. In cases where the Chairperson of the Supreme People's Procuracy or the heads of the Collegial People’s procuracies appeal, the appeal decisions must be immediately sent to the Courts competent to hear the cases according to cassation procedures.

Article 337. Jurisdiction to review cases according to cassation procedures

1. The Committee of Judges of the Collegial People’s Courts shall review according to cassation procedures legally effective judgments/decisions of the provincial-level people’s Courts or district-level people's courts, which are appealed against, within competence as follows:

a) The Committee of Judges of the Collegial People’s Courts shall review according to cassation procedures, through trial panels composed of 3 Judges, legally effective judgments/decisions of the provincial-level people’s Courts or district-level people's Courts which are appealed against:

b) If courts’ legally effective judgments/decisions prescribed in point a of this clause are complicated, or judgments/decisions have been reviewed according to cassation procedures by Committee of Judges of Collegial People’s Courts, through trial panels composed of 3 Judges, but no agreement is reached upon the vote on the decisions on case resolution, then the whole of Committee of Judges of Collegial People’s Courts shall review such judgments/decisions according to cassation procedures.

2. The Council of Judges of the Supreme People's Court shall review according to cassation procedures legally effective judgments/decisions of Collegial People’s Courts which are appealed against as follows:

a) The Council of Judges of the Supreme People’s Court shall review according to cassation procedures, through trial panels composed of 5 Judges, legally effective judgments/decisions of Collegial People’s Courts that are appealed against according to cassation procedures;

b) If courts’ legally effective judgments/decisions prescribed in point a of this clause are complicated, or judgments/decisions have been reviewed according to cassation procedures by the Council of Judges of the Supreme People’s Court, through trial panels composed of 5 Judges, but no agreement is reached upon the vote on the decisions on case resolution, then the whole of Council of Judges of Supreme People’s Courts shall review such judgments/decisions according to cassation procedures.

3. Complicated cases mentioned in point b clause 1 and point b clause 2 of this Article are the following cases:

a) Law provisions applicable to matters to be resolved in the case are unclear or are not applied consistently;

b) There is argument over the assessment of evidences and application of law provisions;

c) The case resolution is related to public benefits, State benefits, human’s right protection, civil right protection that are specially concerned.

4. Chief Justices of Collegial People’s Courts shall consider deciding to conduct cassation trials for cases specified in clause 1 of this Article. Chief Justices of Supreme People’s Courts shall consider deciding to conduct cassation trials for cases specified in clause 2 of this Article.

5. If legally effective judgments/decisions are on the same civil lawsuits and within the competence to review according to cassation procedures of both Collegial People’s Courts and the Supreme People’s Court, then the Supreme People’s Court shall have the competence to review according to cassation procedures for the whole of the case.

Article 338. Participants in cassation review Court sessions

1. The cassation review Court sessions must be with the participation of the Procuracies of the same level.

2. If it is deemed necessary, the Court shall summon involved parties or their representatives and defense counsels of their rights and interests or other participants related to the appeal to the cassation review Court session; if any of them is absent from the Court session, the cassation review trial panel shall still carry on the session.

Article 339. Time limit for opening of cassation review Court sessions

Within 04 months as from the day on which the appeals and the enclosed case files are received, the Courts competent to cassation review must open Court sessions to review cases according to cassation procedures.

Article 340. Preparations for cassation review Court session

The Chief Justice of the Court shall assign a Judge to prepare written explanation of the case at the Court session. The written explanation shall summarize the case contents and the judgments/decisions of the Courts of different levels as well as the appealed contents. The explanation must be forwarded to members of the Cassation Review panel not later than 07 days before the opening of the cassation review Court sessions.

Article 341. Trial procedures at cassation review Court sessions

1. After the presiding Judge opens the Court session, a member of the Cassation Review Panel shall present the brief contents of the case, the case handling process, decisions of the legally effective judgments/decisions being appealed against, grounds for the appeal, viewpoint of the appeal and proposals of the appellant. If the appeal is lodge by a procuracy, the procuracy must present the appealed contents.

2. Involved parties, their representatives and defense counsels of their rights and interests or other participants shall be summoned to the cassation review Court by the Court to present opinions about matters requested by the cassation review panel. If any of such persons is absent but has sent his/her written opinions before, the cassation review panel shall pronounce his/her opinions.

3. The representative of the procuracy shall present the opinions of the procuracy on the resolution of the case.

Immediately after the Court session, the representative of the procuracy shall send the writing containing opinions to the Court to be save in the case files.

4. Members of the Cassation Review Panel shall express their opinions and discuss. The Cassation review panel shall conduct deliberation and vote on the resolution of the case and pronounce the decision on the resolution of the case at the court. The deliberation must be conducted according to rules specified in Article 264 of this Code.

5. If the cassation review Court is conducted by the Committee of Judges of Collegial People’s Court as prescribed in point a clause 1 Article 337 of this Code, decisions of the trial panel must be approved by all members of the panel.

For cassation review trial conducted as prescribed in point b clause 1 Article 337 of this Code, the Court session of the whole of the Committee of Judges of the Collegial People’s Court must be under the presence of at least two-thirds of present members of the committee; decisions of the Judge committee must be approved by more than a haft of members of the committee.

6. If the cassation review Court is conducted by the Committee of Judges of the Supreme People’s Court as prescribed in point a clause 2 Article 337 of this Code, decisions of the trial panel must be approved by all members of the panel.

For cassation review trial conducted as prescribed in point b clause 2 Article 337 of this Code, the Court session of the whole of the Committee of Judges of the Supreme People’s Court must be under the presence of at least two-thirds of present members of the committee; decisions of the Judge committee must be approved by more than a haft of members of the committee.

Article 342. Scope of the cassation review

1. The Cassation Review Panels shall only review parts of legally effective judgments/decisions being appealed against or related to the review of the appealed contents.

2. The Cassation Review Panels shall be entitled to review the decisions of the legally effective judgments/decisions which are neither appealed against nor related to the review of the appealed contents, if these parts infringe upon the public interests, interests of the State, or the interests of the third parties other than the involved parties in the cases.

Article 343. Jurisdiction of the Cassation Review Panels

The Cassation Review Panels shall have the following powers:

1. To reject the appeals and uphold the court’s legally effective judgments/decisions;

2. To repeal the legally effective judgments/decisions of Courts and uphold the lawful judgments/decisions of the subordinate courts, which have been annulled or amended;

3. To repeal parts or the whole of courts’ legally effective judgments/decisions to retry according to first-instance procedures or appellate procedures;

4. To repeal legally effective judgments/decisions and terminate the resolution of the cases;

5. To modify parts or the whole of the legally effective judgments/decisions.

Article 344. Upholding the subordinate courts' lawful judgments or decisions which have been annulled or amended

The Cassation Review Panels shall issue decisions to repeal legally effective judgments/decisions being appealed and uphold the judgments/decisions rendered legally by subordinate Courts but partially or entirely annulled or amended by legally effective judgments/decisions being appealed.

If the judgments/decisions are partially or entirely enforced, the cassation review panel shall resolve the consequences of such enforcement.

Article 345. Repealing parts or the whole of courts’ legally effective judgments/decisions to retry according to first-instance procedures or appellate procedures

The Cassation Review Panels shall issue decisions to repeal partially or entirely courts’ legally effective judgments/decisions being appealed against for re-trials according to the first-instance or appellate procedures in the following cases:

1. The collection of evidences and proof have been carried out insufficiently or unconformably with the provisions of Chapter VII of this Code;

2. The decisions in the judgments or decisions do not conform to the objective details of cases or serious errors are committed in the application of law;

3. The composition of the first-instance or appellate trial panel is not conformable with the provisions of this Code or other serious procedural violations have been committed affecting lawful rights and interests of involved parties.

Article 346. Repealing legally effective judgments and/or decisions and termination of case resolution

The Cassation Review Panels shall issue decisions to annul legally effective judgments/decisions and terminate the case resolution if the cases fall under one of the circumstances stipulated in Article 217 of this Code.

If the judgments/decisions are partially or entirely enforced, the cassation review panel shall resolve the consequences of such enforcement.

Article 347. Modification of parts or the whole of the legally effective judgments/decisions

1. The Cassation Review Panels shall issue decisions to repeal parts or the whole of courts’ legally effective judgments/decisions if all the following conditions are met:

a) Materials and/or evidences in the case files are sufficient, clear and well-grounded to clarify details in the cases;

b) The modification of judgments/decisions which are appealed against does not affect rights and obligations of other agencies, organizations and individuals.

2. If the judgments/decisions are partially or entirely enforced, the cassation review panel shall resolve the consequences of such enforcement.

Article 348. Cassation review decisions

1. The Cassation Review Panels shall issue decisions in the name of the Socialist Republic of Vietnam.

2. A cassation review decision must contain the following principal contents:

a) Date and place of opening the Court session;

b) Full names of members of the Cassation Review Panel. In cases where the Cassation Review Panel is the Committee of Judges of a Collegial People’s Court or the Council of Judges of the Supreme People's Court, the full name and title of the presiding Judge and the number of members participating in the trial shall be specified;

c) Full names of the Court clerk and the procurator participating in the Court session;

d) Name of the case that has been brought to cassation review trial by the Panel;

dd) Full names and addresses of the involved parties in the case;

e) Summary of the contents of the case, decisions of the legally effective judgment or decision being appealed against;

g) Decision to appeal; grounds for making the appeal;

h) Assessment of the Cassation Review Panel where opinion about the resolution of the case must be analyzed and grounds for acceptance or non-acceptance of the appeal must be specified;

i) Points, clauses or articles of the Civil Procedure Code and/or other legislative documents on which the Cassation Review Panel bases to make decision;

k) Decision of the Cassation Review Panel.

3. Decisions of the Cassation review panels of Councils of Judges of the Supreme People’s Court must contain argument to prove that provisions of law can be also understood in different ways; legal matters and facts must be explained and reasons and resolution for such matters and legal provisions to be applied (if any) must be specified.

Article 349. Effect of the cassation review decisions

The cassation review decisions shall take legal effect as from the date the Cassation Review Panels issue them.

Article 350. Forwarding the cassation review decisions

1. Within 05 working days from the day on which a cassation review decision is issued, the cassation review trial panel shall send it to the following agencies, organizations and individuals:

a) The involved parties and other persons with related interests and obligations under the cassation review decisions;

b) The Courts which have rendered legally effective judgments/decisions being appealed against;

c) The procuracy of the same level, the competent civil judgment-executing agencies.

2. Cassation review decisions shall be posted by Courts competent to review on their e-portals (if any), except for decisions containing information specified in clause 2 Article 109 of this Code.

Chapter XXI. REOPENING PROCEDURES

Article 351. Nature of reopening procedures

Reopening means the review of legally effective judgments/decisions which are appealed against due to the appearance of newly detected details which may substantially change the contents of the judgments/decisions and about which the Courts and involved parties did not know when the Courts rendered such judgments or decisions.

Article 352. Grounds for appeal according to reopening procedures

Legally effective judgments/decisions shall be appealed against according to reopening procedures when there is one of the following grounds:

1. Important details of the case were newly discovered which the involved parties could not have known in the course of resolving the case;

2. There are grounds to prove that the conclusions of the expert witnesses and translations of interpreters were untruthful or evidences were falsified;

3. Judges, People’s Jurors or procurators intentionally diverted the case files or deliberately made unlawful conclusions;

4. The criminal, administrative, civil, marriage and family, business, commercial or labor judgments/decisions of Courts or decisions of State agencies on which the Courts based themselves to resolve the cases had already been annulled.

Article 353. Notice and verification of newly discovered details

1. The involved parties, agencies, organizations or individuals shall be entitled to discover new details of cases and notify them in writing to the persons competent to appeal defined in Article 354 of this Code.

2. In cases where new details of cases are discovered, the procuracies and the Courts must notify them in writing to the persons entitled to appeal defined in Article 354 of this Code.

Article 354. Persons competent to appeal according to reopening procedures

1. The Chief Justice of the Supreme People's Court and the Chairperson of the Supreme People’s Procuracy shall be competent to appeal according to reopening procedures against the legally effective judgments/decisions of the Collegial People’s Court; legally effective judgments/decisions of other Courts when it is deemed necessary, except for cassation decisions of the Council of Judges of the Supreme People's Court.

2. The Chief Justices of the Collegial People’s Courts and the chairpersons of the shall be competent to appeal according to the reopening procedures against legally effective judgments/decisions issued by People’s Courts of provinces or People’s Courts of districts within competence.

3. Persons who have appealed against legally effective judgments/decisions shall have the power to suspend the enforcement of such judgments/decisions until the reopening decisions are made.

Article 355. Time limit for appeal according to reopening procedures

The time limit for appeal according to reopening procedures shall be 01 year counting from the day on which the persons competent to appeal acquire grounds for appeal according to reopening procedures prescribed in Article 305 of this Code.

Article 356. Jurisdiction of the Reopening trial Panels

The reopening trial Panels shall have the following powers:

1. To reject the appeals and uphold the legally effective judgments or decisions;

2. To repeal legally effective judgments/decisions for first-instance retrial according to the procedures prescribed by this Code;

3. To repeal legally effective judgments/decisions and terminate the resolution of the cases.

Article 357. Application of the regulations on reopening procedures

Other regulations on reopening procedures shall comply with the regulations on cassation procedures prescribed in this Code.

Chapter XXII. SPECIAL PROCEDURES FOR REVIEWING DECISIONS OF THE COUNCIL OF JUDGES OF THE SUPREME PEOPLE’S COURT

Article 358. Requests, recommendations and applications for reviewing decisions of the Council of Judges of the Supreme People’s Court

1. When there are grounds to prove that decisions of the Council of Judges of the Supreme People’s Courts are seriously contrary to law or there are newly discovered important details which might basically change the contents of the decisions that are unknown to Councils of Judges of the Supreme People’s Court and involved parties when such decisions are issued, if there are requests of the Standing committee of the National Assembly, recommendations of National Assembly’s Judiciary Committee; recommendations of Chairperson of the Supreme People’s Procuracy or at the requests of the Chief Justice of the Supreme People’s Court, then such decisions shall be reviewed by the Council of Judges of the Supreme People’s Court.

2. If it is requested by the Standing committee of the National Assembly, the Chief Justice of the Supreme People’s Court shall report such requests to the Council of Judges of the Supreme People’s Court for reviewing the decisions of the Council of Judges of the Supreme People’s Court.

3. If there are recommendations by the National Assembly’s Judiciary Committee and/or recommendations of the Chairperson of the Supreme People’s Procuracy or the Chief Justice of the Supreme People’s Court when new violations or details are discovered, then the Chief Justice shall report such to the Council of Judges of the Supreme People’s Court for considering such recommendations/requests.

4. Meetings of the Council of Judges of the Supreme People’s Court for considering recommendations/requests specified in clause 3 of this Article must be attended by the Chairperson of the Supreme People’s Procuracy.

Article 359. Procedures for reviewing decisions of the Council of Judges of the Supreme People’s Court

1. When requests of the Standing Committee of the National Assembly, recommendations of National Assembly’s Judiciary Committee have been received or when the Chief Justice of the Supreme People’s Court have issue written requests for reviewing decisions of the Council of Judges of the Supreme People’s Court provided for in clauses 2 and 3 Article 358 of this Code, the Supreme People’s Court shall send to the Supreme People’s Procuracy copies of such requests or recommendations enclosed with the case files so that the Supreme People’s Procuracy studies and prepares for presentations at the meetings for considering recommendations/requests. Within 15 days from the day on which the case files are received, the Supreme People’s Procuracy must return them to the Supreme People’s Court.

2. Within 01 month from the day on which recommendations of the National Assembly’s Judiciary Committee or recommendations of the Chairperson of the Supreme People’s Procuracy are received or from the day on which the Chief Justice of the Supreme People’s Court make written requests, the Council of Judges of the Supreme People’s Court must hold meetings for considering such recommendations/requests.

The Supreme People’s Court shall notify in writing the time of opening of meetings for considering recommendations/requests to the Chairperson of the Supreme People’s Procuracy.

Representatives of the National Assembly’s Judiciary Committee shall be invited to attend the meetings of the Council of Judges of the Supreme People’s Court to consider the recommendations of the National Assembly’s Judiciary Committee.

3. The Council of Judges of the Supreme People’s Court shall consider the recommendations/requests according to the following order:

a) The Chief Justice of the Supreme People’s Court shall, by themselves or by assigning a member of the Council of Judges of the Supreme People’s Court, present briefly the contents of the cases and the processing of the cases;

b) Representatives of the National Assembly’s Judiciary Committee, the Chairperson of the Supreme People’s Procuracy, the Chief Justice of the Supreme People’s Court which submitted recommendations/requests for reviewing decisions of the Council of Judges of the Supreme People’s Court shall present the contents of the recommendations/requests; grounds for such recommendations/requests; analysis and assessment of details of the cases, old evidences and additional evidences (if any) to clarify the serious violations against law in the decisions of the Council of Judges of the Supreme People’s Court or new important details which can basically change the contents of such decisions;

c) In case of reviewing the recommendations of the National Assembly’s Judiciary Committee or reviewing requests of the Chief Justice of the Supreme People’s Court, the Chairperson of the Supreme People’s Procuracy shall present his/her viewpoints and reasons for agreement or disagreement with such recommendations/requests.

Opinions of the Chairperson of the Supreme People’s Procuracy must be presented in writing that bear the signature of the Chairperson of the Supreme People’s Procuracy and must be sent to the Supreme People’s Court within 05 working days from the day on which the meetings finish;

d) The Council of Judges of the Supreme People’s Court shall discuss and vote under the majority rule on the agreement or disagreement with the recommendations/requests for reviewing its decisions;

dd) If the recommendations of the National Assembly’s Judiciary Committee, the recommendations of the Chairperson of the Supreme People’s Procuracy or the requests of Chief Justice of the Supreme People’s Court are agreed with, the Council of Judges of the Supreme People’s Court shall make decisions on the holding of meetings for reviewing its decisions and request the Chief Justice of the Supreme People’s Court to study the files before reporting such cases to the Council of Judges of the Supreme People’s Court to consider and make decisions at the meetings for reviewing its decisions.

If the recommendations/requests are not agreed with, the Council of Judges of the Supreme People’s Court must notify such in writing to individuals and agencies proposing recommendations/requests and clearly state the reasons;

e) All happenings at the meetings for considering recommendations/requests and decisions approved at the meetings must be recorded in the meeting minutes and included in the recommendation/request-considering files;

g) Within 05 working days from the day on which the meetings for considering recommendations/requests for reviewing its decisions, the Council of Judge of the Supreme People’s Court shall send to the Chairperson of the Supreme People’s Procuracy and the National Assembly’s Judiciary Committee notifications of its agreement or disagreement with such recommendations/requests.

4. Upon receiving requests of Standing Committee of the National Assembly or decisions of the Council of Judges of the Supreme People’s Court on the opening of meetings for reviewing its decisions as prescribed in point dd clause 3 of this Article, the Chief Justice of the Supreme People’s Court shall conduct the study of the case files and the verification and collection of materials and evidences when necessary.

The study of case files, the verification and collection of materials and evidences must clarify whether there are serious violations against law or new important details which may basically change the contents of decisions of the Judicial Council of the Supreme People’s Court.

5. Within 04 months from the day on which requests of the Standing Committee of the National Assembly specified in clause 2 Article 358 of this Code or from the day on which the decisions of the Council of Judges of the Supreme People’s Court specified in point dd clause 3 of this Article are received, the Council of Judges of the Supreme People’s Court shall hold meetings with the participation of all the Judges of the Supreme People’s Court to review its decisions.

The Supreme People’s Court shall send the Supreme People’s Procuracy written notifications of time of opening the meetings for reviewing decisions of the Council of Judges of the Supreme People’s Court enclosed with the case files. Within 15 days from the day on which the case files are received, the Supreme People’s Procuracy must return them to the Supreme People’s Court.

The meetings held by the Council of Judges of the Supreme People’s Court must be attended by the Chairperson of the Supreme People’s Procuracy. If it is deemed necessary, the Supreme People’s Court may invite relevant agencies, organizations and individuals to attend the meetings.

6. The Chairperson of the Supreme People’s Procuracy must attend the meetings for reviewing decisions of the Council of Judges of the Supreme People’s Court and express his/her viewpoints on whether or not there are serious violations against law or new important details which can basically change the contents of the decisions of the Council of Judges of the Supreme People’s Court and his/her opinions about the resolution of the cases.

Opinions of the Chairperson of the Supreme People’s Procuracy must be presented in writing that bear the signature of the Chairperson of the Supreme People’s Procuracy and must be sent to the Supreme People’s Court within 05 working days from the day on which the meetings finish.

7. Within 01 month from the day on which the Council of Judges of the Supreme People’s Court make decisions specified in clause 1 Article 360 of this Code, the Supreme People’s Court shall send such decisions to the Standing Committee of the National Assembly, the National Assembly’s Judiciary Committee, the Supreme People’s Procuracy and People’s Court which have been in charge of resolving the cases and involved parties.

Article 360. Competence to review decisions of the Council of Judges of the Supreme People’s Court

1. After listening to the reports of the Chief Justice of the Supreme People’s Court and opinions of the Chairperson of the Supreme People’s Procuracy and of relevant agencies, organizations and individuals that are invited to attend the meetings (if any) and when deeming that decisions of the Council of Judges of the Supreme People’s Court are seriously contrary to law or have new important details that basically change the contents of such decisions; or when deeming that legally effective judgments/decisions of inferior Courts are seriously contrary to law or have new important details that basically change the contents of such decisions, then on a case-by-case basis, the Council of Judges of the Supreme People’s Court shall make decisions to:

a) Repeal decisions of the Council of Judges of the Supreme People’s Court, repeal legally effective judgments/decisions and decisions on contents of the cases;

b) Repeal decisions of the Council of Judges of the Supreme People’s Court, repeal legally effective judgments/decisions and determine responsibility of the Supreme People’s Court for compensation for damages caused to involved parties as the result of the unconformable decisions that are repealed or determine responsibility for reimbursing the value of properties according to law;

c) Repeal decisions of the Council of Judges of the Supreme People’s Court, repeal legally effective judgments/decisions to transfer the case files to the inferior Courts to resolve according to law.

2. Decisions of the Council of Judges of the Supreme People’s Court must be approved by at least three-fourths of its members to be effective.

PART SIX. PROCEDURES FOR RESOLUTION OF CIVIL MATTERS

Chapter XXIII. GENERAL REGULATIONS ON PROCEDURES FOR RESOLUTION OF CIVIL MATTERS

Article 361. Scope of application

Civil matters mean a situation where agencies, organizations or individuals have no disputes but request Courts to recognize or not to recognize a legal event which serves as a basis for the rise of civil, marriage and family, business, commercial or labor rights and obligations of their own or of other agencies, organizations or individuals; or request Courts to recognize their civil, marriage and family, business, commercial or labor rights.

Provisions of this Part shall be applied for the resolution of civil matters specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 Article 27, clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 29, clauses 1, 2, 3 and 6 Article 31, clauses 1, 2 and 5 Article 33 of this Code. If the civil matters are not specified in this Part, other provisions of this Code shall be applicable.

Article 362. Petitions for the Court resolution of civil matters

1. Persons requesting Courts to resolve civil matters must send their petitions to competent Courts defined in Section 2 Chapter III of this Code.

Any enforcers requesting the Courts to resolve civil matters according to provisions of the Law on enforcement of civil judgments shall have rights and obligations of persons requesting resolution of civil matters provided for in this Code.

2. A petition shall contain the following principal contents:

a) Date of making the petition;

b) Name of the Court that is competent to handle the petition;

c) Name, address; phone number, fax number, e-mail address (if any) of the petitioner;

d) Specific issues requested to be resolved by the court; reasons, purposes and bases of the request for Court resolution of such civil matters;

dd) Names and addresses of persons who are related to the resolution of such civil matters (if any);

e) Other information that are deemed by the petitioner to be necessary for the resolution of his/her petition;

dd) Signature or fingerprints, applicable to petitioners being individuals, or signature and seal of lawful representatives, applicable to applicants being agencies or organizations, in the end of the application. If the petitioner is an enterprise, the use of the seal shall comply with provisions of the Law on Enterprise.

3. The petition must be accompanied by materials and/or evidences to prove that the petitions are well-grounded and lawful.

Article 363. Procedures for receiving and processing petitions

1. Procedures for receiving petitions shall comply with regulations in clause 1 Article 191 of this Code.

Within 0 working days from the day on which the petition and accompanied materials and evidences are received, the Chief Justice of the Court shall assign a Judge to handle the petition.

2. If the petition does not contain sufficiently information specified in clause 2 Article 362 of this Code, the Judge shall request the petitioner to amend or supplement it within 07 days from the day on which the request is received. Procedures for amending and supplementing the petition shall comply with regulations in clause 1 Article 193 of this Code.

3. When the petition is satisfactory, the Judge shall carry out the procedures for acceptance of the civil matters.

Upon the expiry of the time limit specified in clause 2 of this Article, if the petitioner fails to amend/supplement the petition, the Judge shall return the petition and the accompanied materials and evidences to the petitioner.

4. If the petition and accompanied materials and/or evidences are deemed satisfactory to be accepted, the Judge shall carry out as follows:

a) The Court shall notify the petitioner about the payment of charge for civil matter resolution within 05 working days from the day on which the notice of charge payment is received, unless such petitioner is exempted from the charge as prescribed in law on fees and charges;

b) The Court shall accept the petition when the petitioner submit to the Court the receipt of civil-matter resolution charge;

c) If the petitioner is exempted from or does not have to pay the charge, the Judge shall accept the civil matter from the day on which the petition is received.

Article 364. Returning petitions

1. The petition shall be returned from the Court in the following cases:

a) The petitioner is not entitled to file the petition or does not have sufficient civil procedure act capacity;

b) The matter has been yet resolved by the Court or a competent agency;

c) The civil matter does not fall within the competence of the Court;

d) The petitioner fails to amend/supplement the petition within the time limit specified in clause 2 Article 363 of this Code;

dd) The petitioner fails to pay charge within the time limit specified in point a clause 4 Article 363 of this Code, unless he/she is exempted from or does not have to pay charge or the charge is paid late due to force majeure events or objective obstacles;

e) The petitioner withdraw the petition;

g) Other cases provided for in law.

2. When returning the petition and accompanied materials and evidences, the Court shall notify in writing containing explanation.

3. The complaints about the return of the petition and resolution thereof shall comply with regulations in Article 194 of this Code.

Article 365. Notices on the acceptance of petitions

1. Within 03 working days from the day on which the petition is accepted, the Court shall notify the petitioner, person with interests and duties relevant to the civil matter resolution and the procuracy of the same level in writing of the acceptance of the petition.

2. A notice must contain the following principal details:

a) Date of making of the notice;

b) Name and address of the Court accepting the petition;

c) Name and address of the involved parties;

d) Specific matters that the involved parties request the Court to resolve;

dd) List of materials and evidences that are accompanied by the petition;

e) Time limit for person with relevant interests and duties to provide opinions in writing to the Court about the petition and accompanied materials and evidences (if any);

g) Legal consequences of cases where the person with relevant interests and duties fail to submit the Court their opinions in writing for the petition for civil matter resolution.

Article 366. Preparation for petition consideration

1. Time limit for preparation for petition consideration shall be 01 month from the day on which the Court accept the petition, unless there are other provisions in this Code.

2. During the time limit for preparation for petition consideration, the Court shall carry out the following activities:

a) If the materials and evidences are not sufficient to serve as basis for the Court to resolve the matter, the Court shall request the involved parties to supplement materials and evidences within 05 working days from the day on which the request is received;

b) Upon the request of the involved parties or when it is deemed necessary, the Judge shall issue decision to request agencies, organizations and individuals to provide materials and evidences; summon witnesses, request property expertise and price assessment. If the time limit for preparation for petition consideration specified in clause 1 of this Article expires but the property expertise and/or price assessment results have not been produced, such time limit shall be extended for not exceeding 01 month;

c) Issue decision to terminate the consideration of petition and return the petition and accompanied materials and evidences if the petitioner withdraws the petition;

d) Issue decision to open a meeting to resolve civil matter.

3. The Courts must immediately send the decision to open the meeting to resolve civil matter and the dossiers on the civil matter to the procuracy of the same level for study. The procuracy must study them within 07 days from the day on which the dossier is received; when this time limit expires, the procuracy must return it to the Court for holding a meeting to resolve the civil matter.

4. The Court shall open a meeting to resolve civil matter within 15 days from the day on which the decision to open the meeting is issued.

Article 367. Participants in meetings for resolving civil matters

1. Procurators of the procuracies of the same level must attend the meetings. In cases where they are absent, the Court shall still conduct the meeting.

2. The petitioner or their lawful representatives or defense counsels of their rights and interests must participate in the meeting according to the summon of the court.

If the petitioner is absent for the first time, the Court shall postpone the meeting, unless the petitioner request the Court to resolve the civil matter in their absence. If petitioner has been duly summoned twice but is still absent, he/she shall be deemed to waive his/her petition and the Court shall issue decision to terminate the resolution of the civil matters; in this case, the right to request the Court to resolve the civil matter according to the procedures prescribed by this Code shall still be guaranteed.

3. Person with relevant interests and duties or their lawful representatives or defense counsels of their rights and interests must participate in the meeting according to the summon of the court. In case of necessity, the Court may summon witnesses, expert-witnesses and/or interpreters to attend the meetings. If any of them is absent, the Court shall decide to postpone the meetings or to proceed with the meetings.

Article 368. Decision on replacement of presiding officers in the process of resolution of civil matters

1. Before opening the meeting, the replacement of the Judge or clerk of meeting shall be decided by the Chief Justice of the Court being in charge of such civil matter; if the to be-replaced is the Chief Justice of the Court being in charge of the civil matter, the replacement shall be decided by the Chief Justice of the immediately superior court.

2. In the meeting for resolution of civil matters, the replacement of Judges or clerks of meeting shall be carried out as follows:

a) If the civil matter is handled by a Judge, the replacement of Judge or clerk of meeting shall be decided by the Chief Justice of the Court being in charge of such civil matter; if the to be-replaced is the Chief Justice of the Court being in charge of the civil matter, the replacement shall be decided by the Chief Justice of the immediately superior court;

b) If the civil matter is handled by a civil matter-resolving councils composed of 3 Judges, the replacement of members of the Council or the clerk of meeting shall be decided by the civil matter-resolving council.

3. Before opening the meeting, the replacement of procurator shall be decided by the chairperson of the procuracy of the same level.

In the meeting, the replacement of the procurator shall be decided by the Judge or the civil matter-resolving council. If the procurator must be replaced, the Judge or the civil matter-resolving council shall issue decisions to postpone the meeting and notify such replacement to the procuracy.

The appointment of a procurator to take place of the replaced one shall be decided by the chairperson of the procuracy of the same level. If the to be-replaced procurator is the chairperson of the procuracy, the replacement shall be decided by the chairperson of the immediately superior procuracy.

Article 369. Procedures for conducting meetings to resolve civil matters

1. A meeting to resolve civil matters shall be conducted in the following order:

a) The clerk of meeting shall report to the Judge and civil matter-resolving council about the presence or absence of participants in the meeting;

b) The Judge shall open the meeting; check the presence or absence of persons who are summoned to the meeting and their identity cards, introduce and explain rights and obligations of participants in the meeting;

c) Defense counsel of rights and interests of the petitioner, the petitioner or his/her lawful representative shall present specific issues that are requested to be dealt with by the court; reasons, purposes and grounds for requesting the Court resolution of such civil matters;

d) Related persons or their lawful representatives shall express their opinions on matters pertaining to their rights and obligations in the resolution of the civil matters;

dd) Witnesses shall present their opinions; or expert-witnesses shall present their conclusions and explain issues which remain unclear or contradictory (if any);

e) The Judge and the civil matter-resolving council shall review the materials and evidences;

g) The procurator shall present the procuracy's views on the resolution of the civil matters and shall send the writing containing opinions for the Court to save in the civil matter files when the meeting finishes;

h) The Judge and the civil matter-resolving council shall consider and decide to accept or not to accept the request for resolution of the civil matters.

2. If any person summoned by the Court to the meeting is absent, the Judge or the Civil matter-resolving council shall pronounce the testimonies, materials and evidences provided by such person before reviewing materials and evidences.

Article 370. Decision on resolution of civil matters

1. A decision to resolve civil matters shall contain the following principal contents:

a) Date of making the decision;

b) Name of the Court that issues the decision;

c) Full names of the Judge, procurator, meeting clerk;

d) Full name and address of the petitioner for the resolution of civil matters;

dd) Specific matters requested to be resolved by the court;

e) Names and addresses of persons with relevant interests and duties;

g) Assessment of the Court and grounds for accepting or not accepting the petition;

h) Legal bases for resolution of civil matters;

i) Court's decisions;

k) Court fees to be paid.

2. Decisions to resolve civil matters must be forwarded to the procuracies of the same level, the petitioners for the resolution of civil matters and person with interests and duties relevant to the resolution of civil matters within 05 working days from the day on which the decisions are issued.

The forwarding of decisions to resolve civil matters to enforcement authorities shall comply with provisions of the Law on enforcement of civil judgments.

3. Legally effective courts’ decisions to resolve civil matters that are relevant to the change of civil statuses of individuals must be sent to People’s Committees where such individuals registered for civil statuses according to provisions of the Law on civil status.

4. Legally effective courts’ decisions to resolve civil matters shall be published on e-portal of the Courts (if any), except for decisions containing information specified in clause 2 Article 109 of this Code.

Article 371. Appeal and appeal against civil matter-resolving decisions

Petitioners and persons with interests and duties relevant to civil matter resolution shall be entitled to appeal, the procuracies of the same level and immediate superior procuracy shall be entitled to appeal against civil matter-resolving decisions in order to request the immediate superior Court to re-settle them according to the appellate procedures, except for those prescribed in clause 7 Article 27, Clauses 2 and 3, Article 29 of this Code.

Article 372. Appeal time limits

1. The petitioners and persons with interests and duties relevant to the resolution of civil matters may appeal against the civil matter-resolving decisions within 10 working days from the day on which the decisions are issued. In cases where they are not present at the civil matter-resolving meetings, such time limit shall be counted from the day on which they receive the civil matter-resolving decisions or the day on which such decisions are announced or posted up.

2. The procuracies at the same level shall be entitled to appeal against civil matter-resolving decisions within 10 days, the immediate superior procuracies shall be entitled to appeal within 15 days as from the day on which the Courts issue such decisions.

Article 373. Consideration of appeals, appeals

1. Time limit for preparation for consideration of appeals shall be 15 days from the day on which the Courts receive the appeals.

2. Within the time limit for preparation for consideration of appeals, the Courts shall conduct the following activities:

a) If materials and evidences are not sufficient to serve as basis for the Courts to resolve the case, the Courts shall request the involved parties to supplement materials and evidences within 05 working days from the day on which the requests are received;

b) Upon the request of the involved parties or when it is deemed necessary, the Judge shall issue decisions requesting agencies, organizations and individuals to supply materials and evidences; summon witnesses, request expertise and price appraisal. If the time limit specified in clause 1 of this Article expires but the expertise/price appraisal results have not been produced, the time limit for preparation for consideration of appeals may be extended for not exceeding 15 days;

c) Within the time limit for preparation for consideration of appeals, if all the appellants withdraw their appeal petitions or the procuracies withdraw their appeal petitions, the Courts shall issue decisions to terminate the consideration of petitions according to appellate procedures. In these cases, civil matter-resolving decisions according to first-instance procedures shall effective from the days on which the appellate trial Courts issue the termination decisions;

d) The Courts shall decide to open the appellate meeting for the resolution of civil matters.

3. The Courts must immediately send such decisions to open appellate meetings to resolve civil matters and the civil matter files to the procuracies of the same level for study. The procuracies must study them within 07 days from the day on which the files are received; after this time limit, the procuracies must return the files to the Courts for holding meetings to resolve the civil matters.

4. Within 15 working days from the day on which the decision to open a meeting is issued, the Judge must open an appellate meeting resolve the civil matter.

Article 374. Participants in appellate meetings to resolve civil matters

1. The procurators of procuracies of the same level shall participate in the appellate meeting to resolve civil matters; if the procurators are absent, the Court shall still hold the meeting, unless a procuracy appeals against the appeal review.

2. Persons applying appeal petitions, their lawful representatives and defense counsels of their rights and interests must participate in meetings according to the subpoena of the Court.

If the appellant is absent for the first time due to plausible reasons, the Court shall postpone the civil matter-resolving appellate meeting, unless the appellant request for resolution in their absence. If the appellant has been summoned twice but is still absent, he/she shall be deemed to waive their appeal and the Court shall issue decisions to terminate the appeal review of civil matter in the appeal, unless he/she apply for resolution in their absence or due to force majeure events or objective obstacles.

3. Persons with relevant interests and duties, their lawful representatives and defense counsels of their rights and interests shall be summoned by the Court to participate in the meeting. In case of necessity, the Court may summon witnesses, expert-witness and/or interpreters to attend the meetings. If any of them is absent, the Courts shall decide to postpone the meetings or to proceed with the meetings.

Article 375. Procedures for conducting appellate meetings to resolve civil matters

1. An appellate meeting to resolve civil matters shall be conducted in the following order:

a) The meeting clerk shall report on the presence or absence of meeting participants;

b) The Judge shall open the meeting; check the presence or absence of persons who are summoned to the meeting and their identity cards, introduce and explain rights and obligations of participants in the meeting;

c) Defense counsel of rights and interests of the appellant, the appellant or his/her lawful representative shall present about the appealed contents and grounds for such appeal;

If there is only appeal from the procuracy, the procurator shall present about the appealed contents and grounds for such appeal. If there is both appeal and appeal, involved parties shall present about the appealed contents and grounds for such appeal, then the procurator shall present about the appealed contents and grounds therefor. If the procuracy does not appeal, the procurator shall express their opinions of the procuracy about the handling of the appeal before the appellate panel makes decision.

Right after the meeting finishes, the procurator shall send the written opinion to the Court to be recorded in civil matter files;

d) Defense counsel of rights and interests of person with relevant interests and duties, persons with relevant interests and duties or their lawful representatives shall express their opinions on matters pertaining to their rights and obligations in the appealed contents;

dd) Witnesses shall present their opinions; or expert-witnesses shall present their conclusions and explain issues which remain unclear or contradictory.

2. If any person summoned by the Court to the meeting is absent, the Judge shall pronounce the testimonies, materials and evidences provided by such person.

3. The appellate panel shall consider the decision of the first-instance Court that is appealed against and relevant materials and evidences and issue one of the following decisions:

a) To uphold the decision on resolution of civil matter issued by the first-instance Court;

b) To modify the decision on resolution of civil matter issued by the first-instance Court;

c) To repeal the decision on resolution of civil matter issued by first-instance Court to re-settle according to first-instance procedures;

d) To repeal the decision on resolution of civil matter issued by the first-instance Court and terminate the resolution of the civil matter;

dd) Terminate the consideration of the petition according to appellate procedures if in the meeting all the appellants withdraw their appeal petitions and the procuracy withdraw the appeal petition.

4. Decisions to conduct appellate review of civil matter resolution shall take effect from the day on which they are issued and shall be sent to agencies, organizations and individuals as prescribed in clauses 2 and 3 Article 370 of this Code.

5. Legally effective decisions to conduct appellate review of civil matter resolution shall be posted on e-portal of the Court (if any), except for decisions containing information specified in clause 2 Article 109 of this Code.

Chapter XXIV. PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING A PERSON LACKING CIVIL ACT CAPACITY, HAVING LIMITED CIVIL-ACT CAPACITY OR HAVING LIMITED COGNITION OR BEHAVIOR CONTROL

Article 376. Right to file petitions for declaring a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

1. People with relevant rights and interests and concerned agencies and organizations may file petitions to Courts for declaring a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control.

2. Adult people having limited cognition due to physical and mental conditions but do not lack civil capacity may file petitions to Courts for declaring them having limited cognition or behavior control according to provisions of the Civil Code.

Article 377. Preparation for consideration of petitions

Within the time when the petitions are considered, at the request of petitioners, Courts may request health assessment for the persons requested to be declared having limited civil-act capacity or forensic psychiatric assessment for the persons requested to be declared lacking legal capacity or having limited cognition or behavior control. In such cases, when the assessment results are received, Courts shall make decisions to open meetings for consideration of petitions.

Article 378. Decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

If the petitions are accepted, Courts shall issue decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control.

In the decision to declare a person having limited capacity of exercise, the Court shall determine lawful representative of the person with limited capacity of exercise and scope of representation.

In the decision to declare a person having limited cognition or behavior control, the Court must appoint his/her guardian and determine rights and duties of such guardian.

Article 379. Right to file petitions for repealing decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

When a person who is declared by a Court to be lacking of legal capacity, having limited civil-act capacity or having limited cognition or behavior control is no longer in the declared conditions, then such person or persons with relevant rights and interests or concerned agencies or organizations may file petitions to the Court for issuing a decision to repeal the decision to declare the lack of legal capacity or limited civil-act capacity or limited cognition or behavior control.

Article 380. Decisions of the Courts in case of accepting the petitions for repealing decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control

If the petitions are accepted, the Courts shall issue decisions to repeal the decisions to declare a person lacking civil act capacity, having limited civil-act capacity or having limited cognition or behavior control.

Chapter XXV. PROCEDURES FOR RESOLUTION OF PETITIONS FOR ISSUING NOTICES ON SEARCH OF PERSONS ABSENT FROM THEIR RESIDENCE PLACES

Article 381. Petitions for issuing notices on search of persons absent from their residence places

1. Persons with related rights and interests shall be entitled to request Courts to issue notices on search of persons absent from their residence places when such persons are absent for 06 consecutive months or more, and at the same time request Courts to apply measures for management of the properties of the absent persons under the provisions of the Civil Code.

2. Enclosed with the petitions for issuing notices on search of persons absent from their residence places, the petitioners shall send materials and evidences to prove that such persons are absent for 06 consecutive months or more. In case of petitions for the Courts to take measures to manage the properties of the absent persons, the petitioners must provide materials and evidences on the situation of properties of the absent persons, the management of the existing properties as well as the list of the absent persons’ relatives.

Article 382. Preparation for consideration of petitions for issuing notices on search of persons absent from their residence places

Within the above-mentioned time limit, the Courts may issue decisions to terminate the petition consideration if the persons on search notice return and request the Courts to terminate the consideration of the petitions.

Article 383. Decisions to issue notices on search of persons absent from their residence places

In case of accepting a petition the Court shall issue a notice on search of a person absent from his/her residence place. If a petition for the Court to take necessary measures to manage the properties of the absent person is accepted, the court’s decision to accept the petition must also decide on the application of measures to manage the properties of such person according to the provisions of the Civil Code.

Article 384. Notices on search of persons absent from their residence places

A notice on search of a person absent from his/her residence place must contain the following principal contents:

1. Date of issuance of the notice;

2. Name of the Court that issues the notice;

3. Serial number and date of the court’s decision to issue a notice on search of a person absent from his/her residence place;

4. Full name and address of the petitioner;

5. Full name, date of birth or age of the person to be searched for and the address of his/her latest residence place before his/her absence.

6. Addresses of agencies, organizations and individuals for contacts by the person to be searched for or other persons having information on the person to be searched for.

Article 385. Announcement of notices on search of persons absent from their residence places

1. Within 01 month from the day on which the Court issues decision to issue a notice on search of a person absent from his/her residence place, such decision must be posted on one of central dailies for three consecutive issues, e-portal of the Court and/or People's Committee of province (if any) and broadcasted on the central radio or television channels three times for 03 consecutive days.

2. All expenses for the publication or broadcasting of notices on search of persons absent from their residence places shall be borne by the petitioners.

Article 386. Effect of decisions on issuance of notices on search of persons absent from their residence places

Decisions on issuance of notices on search of persons absent from their residence places prescribed in Article 383 of this Code shall automatically expire in cases where the persons to be searched for return.

Chapter XXVI. PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING A PERSON MISSING

Article 387. Petition for declaring a person missing

1. Persons with related rights and interests shall be entitled to request the Court to declare a person missing under the provisions of the Civil Code.

2. The petitions must be accompanied by materials and evidences to prove that the persons who are requested to be declared missing have been absent for 02 consecutive years or more without reliable information on whether they are still alive or dead and prove that the petitioners have taken sufficient measures for search notices. In cases where the Courts have issued decisions on notice on search of the persons absent from their residence places, copies of such decisions must also be submitted.

Article 388. Preparation for consideration of petition for declaring a person missing

1. Within 20 days as from the date of receiving a petition for declaring a person missing, the Court shall issue a decision on a notice on search of the person who is requested to be declared missing.

2. The content of such a notice and the announcement of the notice shall comply with the provisions of Articles 384 and 385 of this Code. The time limit for such a search notice shall be 04 months from the day on which such notice is posted or broadcasted for the first time.

3. Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared missing returns and requests the Court to stop considering the petition, the Court shall issue a decision to terminate the consideration of the petition for declaring that person missing.

4. Within 10 days from the day on which the time limit for search notice prescribed in clause 2 of this Article expires, the Court must open meeting for considering the petition.

Article 389. Decision to declare a person missing

In case of accepting a petition, the Court shall issue a decision declaring a person missing. In cases where the Court is requested to take measures to manage properties of the person who is declared missing and the request is accepted, the decision declaring a person missing must also indicate specific measures to be taken to manage properties of that person according to the provisions of the Civil Code.

Article 390. Annulment of a decision to declare a person missing

1. The person who returns after being declared missing or persons with related rights and interests is entitled to request the Court to annul the decisions to declare a person missing as provided for in the Civil Code.

2. In case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person missing, deciding on the legal consequences of the annulment of the decision declaring such person missing under the provisions of the Civil Code.

Chapter XXVII. PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING PERSONS DEAD

Article 391. Right to file petition for declaring a person dead

1. Persons with related rights and interests may request the Court to declare a person dead according to the provisions of the Civil Code.

2. The petitions must be accompanied by materials and evidences to prove that the persons who are requested to be declared dead are of the cases specified by the Civil Code.

Article 392. Preparation for consideration of petition for declaring a person dead

1. Within 20 days as from the date of receiving a petition for declaring a person dead, the Court shall issue a decision on a notice on search of the person who is requested to be declared dead.

2. The content of such a notice, the announcement of the notice and the time limit for announcement shall comply with the provisions of Articles 2 and 388 of this Code.

3. Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared dead returns and notify the Court, the Court shall issue a decision to terminate the consideration of the petition for declaring that person dead.

4. Within 10 days from the day on which the time limit for announcement of notice expires, the Court shall open a meeting to consider the petition.

Article 393. Decision to declare a person dead

In case of accepting a petition, the Court shall issue a decision declaring a person dead. In such decision, the Court shall determine the day on which that person died and the legal consequences of declaring a person dead according to the provisions of the Civil Code.

Article 394. Petitions to annul decisions that have declared persons dead

1. In cases where the person who is declared dead returns or where there is reliable information affirming that such person is still alive, that person or persons with related rights and interests may request the Court to issue decision to annul the decision that has declared such person dead.

2. The petitions must be accompanied by materials and evidences to prove that the persons who are declared dead have returned or are still alive.

Article 395. Decisions to annul decisions that have declared persons dead

In case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person dead. In the latter decision, the Court must determine the legal consequences of the annulment of the decision declaring a person dead according to the provisions of the Civil Code.

Chapter XXVIII. PROCEDURES FOR RESOLUTION OF PETITIONS FOR RECOGNITION OF VOLUNTARY DIVORCES AND AGREEMENTS ON CHILD CUSTODY AND PROPERTY DIVISION UPON DIVORCES

Article 396. Petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces

1. Any person requesting for recognition of voluntary divorces and agreements on child custody and property division upon divorces must submit petitions. A petition must include information specified in clause 2 Article 362 of this Code.

2. Any person requesting for recognition of voluntary divorces and agreements on child custody and property division upon divorces must submit petitions. In such cases, both husbands and wives shall be considered the petitioners.

3. Enclosed with the petitions shall be materials and evidences proving that agreements on voluntary divorces and agreements on child custody and property division upon divorces are well-grounded and lawful.

Article 397. Mediation and recognition of voluntary divorces and agreements on child custody and property division upon divorces

1. Within the time for preparation for recognition of petitions, before conducting mediations to unify husbands and wives, when it is deemed necessary, Judges may ask for opinions of family affair authorities and/or children affair authorities about conditions of families of such husbands and wives, reasons for the rising of contradictions and expectation of husbands, wives and children related to the cases.

2. Judges must conduct mediations to unify husbands and wives; explain about rights and obligations between wife and husband, parents and children and between members of family and rights and obligations in providing alimonies and other matters related to marriage and family.

3. If after the mediations, the wives and the husbands decide to reunite, Judges shall issue decisions to terminate the resolution of their petitions.

4. If the mediations are not successful, the Judges shall make decisions to recognize the voluntary divorces and agreements between involved parties as provided for in Article 212 of this Code in the following conditions are fully satisfied:

a) The two sides really volunteer to divorce;

b) The two sides have reached agreements on whether or not to divide the common properties, on the care, rearing and education of their children;

c) Such agreements ensure the legitimate interests of the wives and their children.

5. If the mediations for reunification are not successful and involved parties cannot reach agreements about the division of properties and the care, rearing and education of children, then the Courts shall terminate the settlement of civil matters pertaining to recognition of voluntary divorces and agreements on child custody and property division and accept the cases for resolution. The Courts are not required to make notifications of the acceptance of the cases or to assign other Judges to take charge of the cases. The settlement of the cases shall be conducted according to common procedures prescribed in this Code.

Chapter XXIX. PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARATION OF NOTARIZED DOCUMENTS TO BE INVALID

Article 398. Petitions for declaration of notarized documents to be invalid

1. Notaries who have carried out notarization, requesters for notarization, witnesses, persons with related rights and interests and competent state agencies may request Courts to declare notarized documents invalid when they have grounds to believe that the notarization was performed against the law on notarization.

2. A petition for a Court to declare a notarized document invalid must contain the details prescribed in Clause 2, Article 362 of this Code.

3. Accompanying the petition for a Court to declare a notarized document invalid must be materials and evidences to prove that such petition is well-grounded and lawful.

Article 399. Preparation for consideration of petitions for declaration of notarized documents to be invalid

1. The time limit for preparing for consideration of a petition for declaration of a notarized document to be invalid shall be 01 month, counting from the day on which the Court accepts such petition. Past this time limit, the Court shall issue a decision to open a meeting to consider the petition.

2. After accepting a petition for declaration of a notarized document to be invalid, the competent Court shall immediately notify such to the notary bureau, notary office or notary that has performed the notarization, notarization requester, persons with related rights and interests, competent state agencies and same-level procuracies.

3. Within the time limit for preparing for consideration of a petition, if the petitioner withdraws his/her petition, the Court shall issue a decision to terminate the consideration of the petition.

4. Within 15 days after issuing a decision to open a meeting, the Court shall open the meeting to consider the petition.

Article 400. Decisions to declare notarized documents invalid

1. The Court may accept or not accept petitions for declaration of notarized documents to be invalid.

2. In case of accepting a petition, the Court shall issue a decision to declare a notarized document invalid. In this decision the Court shall decide on legal consequences of its declaration as prescribed by law.

Chapter XXX. PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARATION OF LABOR CONTRACTS/COLLECTIVE BARGAINING AGREEMENTS TO BE INVALID

Article 401. Petitions for declaration of a labor contract/collective bargaining agreement to be invalid

1. Employees, employers, representative organizations of employees’ collectives and competent agencies may request competent Court to declare a labor contract/collective bargaining agreement to be invalid when they have grounds provided for in the Labor Code.

2. A petition of an employee/employer/representative organization of employees’ collective and a written request of competent agencies must contain the details specified in clause 2 Article 362 of this Code.

Article 402. Consideration of petitions for declaration of a labor contract/collective bargaining agreement to be invalid

1. The time limit for preparing for consideration of a petition for declaration of a labor contract to be invalid shall be 10 days, declaration of a collective bargaining agreement to be invalid, counting from the day on which the Court accepts such petition. Past this time limit, the Court shall issue a decision to open the meeting for considering the petition.

2. After accepting the petition for declaration of a labor contract or a collective bargaining agreement to be invalid, the Court shall send the notification of acceptance to the petitioner, the employer, the employee collective’s representative organizations and the procuracy of the same level.

3. Within the time limit for preparing for consideration of a petition or a written request, if the petitioner withdraws his/her petition, the Court shall issue a decision to terminate the consideration of such petition/request.

4. Within 05 working days after issuing the decision to open a meeting, the Court shall open the meeting to consider the petition for declaration of a labor contract to be invalid.

Within 10 working days after issuing the decision to open a meeting, the Court shall open the meeting to consider the petition for declaration of a collective bargaining agreement to be invalid.

5. When considering the petition, the Judge may accept or not accept the request for declaration of labor contract or collective bargaining agreement to be invalid.

If the request is accepted, the Judge shall issue a decision to declare the labor contract/collective bargaining agreement to be invalid. In this decision, the Judge shall settle the legal consequence of the declaration of the labor contract/collective bargaining agreement to be invalid.

6. The decision to declare a labor contract/collective bargaining agreement to be invalid must be sent to the petitioner or requester, the employer, the employee collective’s representative organization and the labor affair authority of the area where the enterprise is headquartered and labor affair authorities of the same level, applicable to cases pertaining to enterprises do not have main headquarters in Vietnam.

Chapter XXXI. PROCEDURES FOR CONSIDERING THE LEGITIMACY OF A STRIKE

Article 403. Requesting a Court to consider the legitimacy of a strike

1. During a strike or within 03 months from the day on which the strike comes to an end, either the employer or the employee collective’s representative organization may request the Court to consider the legitimacy of a strike.

2. Person requesting the Court to consider the legitimacy of a strike must send the request to the Court in writing. Such written request must contain the following principal details:

a) Details specified in clause 2 Article 362 of this Code;

b) Name and address of the organization that led the strike;

c) Name and address of the employer of the employees’ collective on strike.

3. The request must be enclosed with copies of the decision to go on strike, decision or mediation record of a competent agency or organization engaged in the settlement of the collective labor dispute, materials and evidences related to the consideration of the legitimacy of the strike.

Article 404. Procedures for sending a written request to a Court for consideration of the legitimacy of a strike

Procedures for sending and receiving a written request and performing the obligation to provide materials and evidences for a Court for the consideration and decision on the legitimacy of a strike at the Court shall be conformable to provisions of this Code.

Article 405. Jurisdiction to consider the legitimacy of a strike

1. The People’s Court of province where the strike takes place shall have the jurisdiction to consider the legitimacy of the strike.

2. Collegial People’s Courts shall have the jurisdiction to settle the appeals against the decisions of People’s Courts of provinces on the legitimacy of the strikes within their territorial competence.

Article 406. Composition of the panel in charge of considering the legitimacy of a strike

1. A People’s Court of province shall consider the legitimacy of a strike through a panel comprised of 3 Judges.

2. A Collegial People’s Court shalls settle an appeal against a decision on the legitimacy of a strike through a panel comprised of 3 Judges.

Article 407. Participants in a meeting for considering the legitimacy of a strike

1. The panel in charge of considering the legitimacy of the strike chaired by one Judge; the Court clerk for recording the meeting minute.

2. Procurators of the procuracy of the same level.

3. Representatives of the employee collective’s representative organization and the employer.

4. Representatives of other agencies and organizations as requested by the Court.

Article 408. Postponement of a meeting for considering the legitimacy of a strike

1. A meeting for considering the legitimacy of a strike shall be postponed according to regulations in Article 233 of this Code provided for the postponement of a Court session.

2. The postponement of a meeting for considering the legitimacy of a strike must not exceed 03 working days from the day on which the decision to postpone the meeting is made.

Article 409. Termination of the consideration of the legitimacy of a strike

The Court shall terminate the consideration of the legitimacy of a strike in the following cases:

1. The petitioner withdraw his/her petition;

2. Parties have reached agreement on the settlement of the strike and request in writing to the Court for not settling the strike;

3. The petitioner is absent though has been duly summoned twive, except for force majeure events or objective obstacles.

Article 410. Procedures for processing a written request for consideration of the legitimacy of a strike

1. Upon the receipt of a petition, the Chief Justice of People’s Court of province shall decide to establish a Panel to consider the legitimacy of the strike and assign one Judge to take main charge of settling such petition.

2. Within 05 working days from the day on which the petition is received, the Judge assigned to presider over the settlement of the petition must make a decision to hold a meeting for considering the legitimacy of the strike. The deicision to hold a meeting for considering the legitimacy of the strike must be immediately sent to the representative organization of employees’ collective, the employerm the procuracy of the same level and relevant agencies and organizations.

3. Within 05 working days from the day on which the decision to hold a meeting for considering the legitimacy of a strike is issued, the Panel in charge of considering the legitimacy of the strike must hold a meeting for considering the legitimacy of the strike.

Article 411. Process of a meeting for considering the legitimacy of a strike

1. The Judge presiding over the meeting for considering the legitimacy of the strike announces the decision to hold a meeting for considering the legitimacy of the strike and summarize the petition.

2. Representative of the employee collective’s representative organizations and representative of the employer present their opinions.

3. The Judge presiding the meeting for considering the letigimacy of the strike may request representatives of agencies and organizations participating in the meeting to express their opinions.

4. The procurator presents opinions of the procuracies about the consideration of the legitimacy of the strike.

Immediately when the meeting finishes, the procurator shall send the opinions in writing to the Court for recording in the civil-matter files.

5. The panel considering the legitimacy of the strike discusses and makes decision under the majority rule.

Article 412. Decision on the legitimacy of a strike

1. A decision of the Court on the legitimacy of a strike must clearly state the reason and grounds to conclude on the legitimacy of the strike.

The decision of the Court on the legitimacy of a strike must be publicly announced at the meeting and must be immediately sent to the employee collective’s representative organization, the employer and the procuracy of the same level. The employees‘ collective and the employer shall be responsible for implementing the decision of the Court but may also file appeals and the procuracy may file appeals against such decision.

2. When the decision of the Court on the legitimacy of the strike has been announced, if the strike is ruled to be illegal, the employees on strike must immediately stop goin on strike and return to work.

Article 413. Order and procedures for settling appeals against the decisions on the legitimacy of a strike

1. Immediately when the appeallate petition or the appeal decision against the legitimacy of a strike is received, the Collegial People’s Court shall request in writing the Court that has considered the legitimacy of the strike to forward the files of the case to it for consideration/settlement.

2. Within 03 working days from the day on which the petition is received, the Court that has issued the decision on the legitimacy of the strike must forward the case files to the Collegial People’s Court for considering and settling.

3. Within 02 working days from the day on which the case file is received, the Chief Justice of the Collegial People’s Court shall make decisions to formulate an Appellate Panel to consider the legitimacy of the strike and assign a Judge to preside over the study of files.

Within 05 working days from the day on which the Collegial People’s Court receives the case files, the Appellate Panel shall consider the appeal against the decision on the legitimacy of the strike.

The decision of the Appeallate Panel on the legitimacy of the strike shall be the final one.

Chapter XXXII. PROCEDURES FOR RESOLUTION OF CIVIL MATTERS RELATING TO COMMERCIAL ARBITRATION ACTIVITIES IN VIETNAM

Article 414. Civil matters relating to Vietnamese commercial arbitration activities that fall under the jurisdiction of the court

1. Appointment or change of arbitrators;

2. Application, change or cancellation of provisional emergency measures.

3. Annulment of arbitral award.

4. Resolution of complaints against decisions of the arbitral tribunal about invalid arbitration agreements, inexecutable arbitration agreements or jurisdiction of arbitral tribunal.

5. Collection of evidences.

6. Summoning witnesses.

7. Registration of arbitral award.

8. Other civil matters prescribed by the legislation on Vietnamese commercial arbitration.

Article 415. Resolving procedures

Procedures for resolution of civil matters pertaining to Vietnamese commercial arbitration activities shall comply with the provisions of the legislation on Vietnamese commercial arbitration.

Chapter XXXIII. PROCEDURES FOR RECOGNITION OF SUCCESSFUL OUT-OF-COURT MEDIATION RESULTS

Article 416. Recognition of successful out-of-Court mediation results

The Court shall consider issuing the decision to recognize the result of an out-of-Court mediation in a dispute between agencies, organizations and individuals that is conducted by a competent agency, organization or individual according to law regulations on mediation to be a successful mediation result.

Article 417. Conditions for recognition of successful out-of-Court mediation result

1. Parties of the mediation agreement have sufficient civil act capacity.

2. Parties of the mediation agreement are persons who have rights and obligations towards the mediation contents. If the successful mediation contents are related to rights and obligations of a third party, such mediation must be agreed by such party.

3. Either or both parties file application to the Court for recognition of the mediation.

4. Contents of the successful mediation are totally voluntary and are not contrary to law, not contrary to social ethics nor for evasion of obligations towards the State or the third party.

Article 418. Application for recognition of successful out-of-Court mediation results

1. Any person applying for successful out-of-Court mediation results must submit his/her application to the Court within 06 months from the day on which the successful mediation agreement between parties are reached.

An application must contain the following principal details:

a) Those specified in points a, b, c, dd, e and g clause 2 Article 362 of this Code;

b) Name and address of individual/organization conducting the mediation;

c) The contents of successful mediation agreement to be recognized by the Court.

2. Enclosed with the application shall be documents about the successful mediation result according to relevant law provisions.

Article 419. Procedures for recognition of successful out-of-Court mediation results

1. Procedures for receiving and processing a successful out-of-Court mediation result shall comply with regulations specified in Article 363, 364 and 365 of this Code.

2. The time limit for preparing for consideration of an application shall be 15 days from the day on which it is accepted by the Court; past this time limit, the Court shall issue decisions to hold a meeting for considering the application.

The time limit for opening a meeting for considering the application shall be 10 days from the day on which the Court issues the decision to open the meeting.

3. Within the time limit for preparing for consideration of the application, the Judge assigned to consider the application shall have the following rights:

a) To request the parties in the mediation and persons with relevant interests and duties to express opinions about the request of the applicant for recognition of successful mediation result and/or to clarify the request or supplement materials if necessary;

b) To request agencies, organizations or individuals having jurisdiction to conduct mediation to supply the Court materials to serves as the basis for the consideration of application of involved parties if it is deemed necessary.

Agencies, organizations and individuals receiving the requests of the Court shall respond within 05 working days from the day on which such requests are received.

4. Participants in the meeting for consideration of the application and procedures for consideration of the application shall comply with regulations in Article 367 and Article 369 of this Code.

5. The Judge shall make decisions to recognize the successful out-of-Court mediation result when conditions specified in Article 417 of this Code are fully satisfied. A decision of the Court must contain the details specified in Article 370 of this Code.

6. The Judge shall make decisions to not recognize the successful out-of-Court mediation result when conditions specified in Article 417 of this Code are not fully satisfied.

The refusal to recognize the successful out-of-Court mediation result shall not affect the contents and legal value of such out-of-Court mediation result.

7. The decision to recognize or to not recognize a successful out-of-Court mediation result shall be sent to the parties of the mediation agreement, persons with relevant interests and duties and the procuracy of the same level.

8. The decision to recognize or to not recognize a successful out-of-Court mediation result shall immediately take effect and shall not be appealed against according to appellate procedures.

9. The decision to recognize or to not recognize the successful out-of-Court mediation result shall be enforced according to law regulations on enforcement of civil judgments.

Chapter XXXIV. PROCEDURES FOR SETTLEMENT OF CIVIL MATTERS RELATED TO THE ARREST OF AIRCRAFTS OR SEAGOING VESSELS

Article 420. Right to request the Court to arrest an aircraft or a seagoing vessel

1. Any agencies, organizations or individuals shall be entitled to request the Court to arrest an aircraft at an airport or an airfield to ensure the benefits of the creditor, owner or the third party who suffer damage on the surface or other people with rights and interests towards the aircraft or to enforce a civil judgment according to law regulations on Vietnam’s civil aviation.

2. Any agencies, organizations or individuals may request the Court to arrest a seagoing vessel to ensure the settlement of maritime complaints to enforce a civil judgment or to provide Judicial assistance.

Article 421. Jurisdiction of the Court to arrest an aircraft or a seagoing vessel

1. The People’s Court of province where is the location of the airport/airfield where the aircraft which is requested to be arrested landed shall have jurisdiction to make a decision to arrest such aircraft.

2. The People’s Court of province where is the location of the seaport/inland port where the seagoing vessel which is requested to be arrested is operating shall have the jurisdiction to make a decision to arrest such vessel. If such seaport is comprised of multiple wharves that are located in multiple provinces and central-affiliated cities, the People’s Court of province where is the location of the wharf where the seagoing vessel which is requested to be arrested is operating shall have the jurisdiction to make a decision to arrest such vessel.

Article 422. Procedures for arresting aircrafts or seagoing vessels

Procedures for processing civil matters related to the arrest of an aircraft or a seagoing vessel shall comply with law regulations on arrest of aircrafts and/or seagoing vessels.

PART SEVEN. PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD

Chapter XXXV. GENERAL REGULATIONS ON PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD

Article 423. Foreign courts’ civil judgments or decisions which shall be recognized and enforced in Vietnam

1. The following foreign courts’ civil judgments/decisions shall be recognized and enforced in Vietnam:

a) Civil, marriage, family, trade, business, labor – related judgments/decisions, decisions on properties in criminal/administrative judgments/decisions of Courts of a foreign country are provided for in International treaty to which both Vietnam and such country are signatories;

b) Civil, marriage, family, trade, business, labor – related judgments/decisions; decisions on properties in criminal/administrative judgments/decisions of Courts of a foreign country which does not sign an International treaty with Vietnam that contains regulations on recognition and enforcement of judgments and decisions of foreign Courts on the basis of principle of reciprocity;

c) Other judgments or decisions of foreign courts, which are recognized and enforced under Vietnamese law.

2. Decisions on personal identities, marriage and family of other foreign competent agencies shall be considered being recognized and enforced in Vietnam like civil judgments and decisions of foreign Court provided for in clause 1 of this Article.

Article 424. Foreign arbitrators’ award which shall be recognized and enforced in Vietnam

1. The following foreign arbitrators’ award shall be considered being recognized and enforced in Vietnam:

a) Arbitral award of a foreign country which is a signatory to an International treaty about recognition and enforcement of foreign arbitral award together with Vietnam;

b) Foreign arbitral award other than those specified in point a of this clause on the basis of principle of reciprocity.

2. Foreign arbitral award specified in clause 1 of this Article shall be considered being recognized and enforced in Vietnam shall be the final ones of the arbitral tribunal that resolve all the contents of the dispute, finish the arbitral procedures and are effective.

3. Foreign arbitral, foreign arbitral award provided for in clause 1 of this Article shall be determined according to provisions of Vietnamese Law on commercial arbitration.

Article 425. Right to apply for recognition and enforcement or non-recognition of civil judgments or decisions of foreign courts; recognition and enforcement of foreign arbitral award

1. The judgment creditors or their lawful representatives may file petitions with Vietnamese Courts for recognition and enforcement of civil judgments or decisions of foreign Courts or foreign arbitral award if the judgment debtors being individuals reside or work in Vietnam, or the judgment debtors being agencies or organizations are headquartered in Vietnam or their properties related to the enforcement of the judgments or decisions of foreign Courts or foreign arbitral award exist in Vietnam at the time when the applications are filed.

2. Judgment debtors or their lawful representatives may request the Vietnamese Courts to refuse to recognize the civil judgments/decisions of foreign Courts.

3. The involved parties, persons with related legitimate rights and interests or their lawful representatives may file their petition requesting Vietnamese Courts not to recognize civil judgments or decisions of foreign Courts which are not requested for enforcement in Vietnam.

Article 426. Ensuring the right to appeal

The involved parties shall be entitled to appeal and People’s Procuracies of provinces and the Supreme People’s Procuracy shall be entitled to appeal against Court decisions to recognize and enforce or not recognize civil judgments or decisions of foreign Courts or decisions to recognize and enforce foreign arbitral award to request Collegial People’s Court to review under the provisions of this Code.

Article 427. Ensuring the effect of the decisions of Vietnam’s Courts on recognition and enforcement or non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

1. A civil judgment/decision of a foreign Court recognized and enforced in Vietnam by a Vietnamese Court shall be legally effective as a legally effective civil judgment/decision of a Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment. Any civil judgment/decision of a foreign Court that has not been recognized by a Vietnamese Court shall not be legally effective in Vietnam, except for cases where such judgment/decision is automatically recognized as provided for in Article 431 of this Code.

2. Any award of a foreign arbitrator that is recognized and enforced in Vietnam shall be legally effective like an effective decision of Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment.

3. A civil judgment/decision of a foreign Court or the award of a foreign arbitrator shall be enforced in Vietnam only when the decision of Vietnamese Court to recognize and enforce such civil judgment/decision and/or award takes legal effect.

Article 428. Sending the decisions of Vietnam’s Courts on recognition and enforcement or on non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

The Court shall be responsible for sending directly or by post or through the Ministry of Justice its decision to the creditors and debtors of the civil judgment/decision of the foreign Court and/or the award of the foreign arbitrator or their lawful representatives, the procuracy and civil judgment-executing bodies according to provisions of this Code.

Article 429. Ensuring the right to send money and properties from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award

The State of Vietnam shall ensure the sending of money and property collected from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award that are recognized and enforced by Vietnamese Courts to the countries issuing such judgments/decisions. The sending of such money and properties shall comply with Vietnam’s law.

Article 430. Fees and charges for consideration of application for recognition and enforcement or non-recognition of civil judgments/decisions of foreign Courts; recognition and enforcement of foreign arbitrators’ award

1. Any person requesting a Vietnam’s Court to recognize and enforce or to not recognize in Vietnam a civil judgment/decision of a foreign Court; or to recognize and enforce a foreign arbitrator’s award must pay fees according to Vietnam’s law.

2. Requesters specified in clause 1 of this Article must bear the cost of delivery to foreign countries the procedural documents of Vietnamese Courts that are relevant to their requests.

Article 431. Civil judgments/decisions of foreign Courts, decisions of other foreign competent agencies that are automatically recognized in Vietnam

1. Civil judgments/decisions of foreign Courts and decisions of other foreign competent agencies which are not requested to be enforced or recognized in Vietnam specified in an International treaty to which the Socialist Republic of Vietnam is a signatory.

2. Judgments/decisions pertaining to marriage and family of foreign Courts, decisions on marriage and family of other competent agencies of countries which are not the co-signatories to an International treaty with Vietnam that are not requested to be enforced or recognized in Vietnam.

Chapter XXXVI. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFOREMENT IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS; PROCEDURES FOR CONSIDERATION OF APPLICATION FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Section 1. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Article 432. Prescriptive periods for filing applications for recognition and enforcement

1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code to request recognition and enforcement in Vietnam of such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Article 433. Applications for recognition and enforcement

1. An application for recognition and enforcement must contain the following principal details:

a) Full names and addresses of residence places or work places of the judgment creditors or their lawful representatives; if the judgment creditors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

b) Full names and addresses of residence places or work places of the judgments debtors; if the judgments debtors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed; in cases where the judgment debtors being individuals do not have residence places or work places in Vietnam or the judgment debtors being agencies or organizations do not have head-offices in Vietnam, their applications must also specify the addresses of the places where exist the properties and assorted properties relating to the enforcement in Vietnam of foreign courts’ civil judgments/decisions;

c) Requests of judgment creditors; where foreign courts’ judgments/decisions have been partly enforced, the judgment creditors must clearly state the executed parts and the remaining parts requested for recognition and continued enforcement in Vietnam.

2. Applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 434. Papers and documents enclosed with the applications

1. The applications shall be enclosed with papers and documents specified in the International treaties to which the Socialist Republic of Vietnam and the home countries of the Courts issuing the judgments/decisions are co-signatories. If the Socialist Republic of Vietnam and the home country of the Court issuing the judgment/decision are co-signatories of an International treaty having provisions for such matter, the application shall be enclosed with the following papers and documents:

a) Originals or certified true copies of the judgment/decision issued by the foreign Court;

b) Documents made by the foreign Court or other competent foreign agencies certifying that such judgment/decision has taken legal effect, has not expired and should be enforced in Vietnam, except where these details have already been clearly stated in the judgment/decision;

c) Documents made by the foreign Court or other competent foreign agencies certifying the lawful delivery of such judgment/decision to the judgment debtors who have to execute such judgments/decisions;

d) In cases the foreign Court issue the judgment in the absence of the judgment debtors or their lawful representatives, documents made by the foreign Court or other competent foreign agencies certifying that they have been duly summoned are required.

2. Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 435. Transferring of dossiers to Courts

Within 05 working days after receiving the applications, papers and documents specified in clause 1 Article 434 of this Code, the Ministry of Justice must send the dossiers to competent Courts as provided for in Articles 37 and 39 of this Code.

Article 436. Acceptance of dossiers

Within 05 working days from the day on which the dossiers sent from the Ministry of Justice are received or from the day on which the applications and accompanying papers and documents sent from the applicants are received, the Courts shall base themselves on Article 363, 364 and 365 of this Code to consider and accept the dossiers and notify such to the applicants, the judgment debtors or their lawful representatives in Vietnam, the Procuracies of the same levels and the Ministry of Justice.

Article 437. Preparation for consideration of applications

1. Within the term of preparation for consideration of an application, the Court may request the judgment creditors to explain unclear matters in the application; request the foreign Court issuing the judgment/decision to explain unclear matters in the dossier.

2. The written request of the Court for explanation shall be sent to the judgment creditors or their lawful representatives in Vietnam and the foreign Court by post.

If the Vietnamese Court request the foreign Court to make explanation, the written request shall be translated in to the language specified in the International treaty to which the Socialist Republic of Vietnam is a signatory. If the Socialist Republic of Vietnam and the foreign country have not been the co-signatories to an International treaty, the dossier must be enclosed with the versions in the language of the country that is requested Judicial assistance or in a language agreed by the requested country. Applicants for recognition and enforcement in Vietnam of judgments/decisions of foreign countries must bear the cost for translation and the postage on the written request for explanation of Vietnam’s Courts to the foreign Courts.

3. Time limit for preparation for consideration of an application shall be 04 months from the day on which it is accepted. Within such time limit, on a case-by-case basis, the Court shall issue one of the following decisions:

a) To suspend the consideration of the application;

b) To terminate the consideration of the application;

c) To open a meeting for considering the application.

If a written request for explanation is sent by the Court as provided for in clause 1 of this Article, time limit for consideration of the application may be extended by not exceeding 02 months. Past such time limit, if the written explanation of the involved parties or the foreign Court has not been received by the Vietnam’s Court, Vietnam’s Court shall base itself on the documents in the dossier to resolve the application of the involved parties.

Within 01 days after issuing a decision to open a meeting for considering the application, the Court shall open the meeting.

Within 15 days before the meeting is opened, the Court shall transfer the dossier to the procuracy of the same level for study; past such time period, the procuracy shall return the dossier to the Court so that the meeting for considering the application can be opened.

4. The Court shall issue the decision to suspend the consideration of the application in any of the following circumstances:

a) The judgment debtor being individual has died or the judgment debtor being agency/organization has been merged, amalgamated, divided or dissolved without an agency, organization or individual to inherit his/her/its procedural rights and obligations;

b) The judgment debtor being individual lacks of legal capacity but his/her lawful representatives has not been determined;

c) Legal representation of the judgment debtor has finished but the replacing person has not been assigned;

d) The enforcement of the judgment/decision has been suspended at the home country of the Court issuing such judgment/decision;

dd) Such judgment/decision is being re-considered or being waited for re-consideration according to procedures of the home country of the Court issuing such judgment/decision.

5. The Court shall issue the decision to terminate the consideration of the application in any of the following circumstances:

a) The judgment creditor withdraw his/her application or the judgment debtor has voluntarity enforce the judgment/decision of the foreign Court;

b) The judgment debtor being individual has died but his/her rights and obligations have not been inherited;

c) The judgment debtor being agency/organization has been dissolved or bankrupted but its rights and obligations have been settled according to Vietnam’s law;

d) The judgment debtor being agency/organization has been dissolved or bankrupted but its procedural rights and obligations have not been inherited;

dd) The decision of the Court to open the bankrupt procedures for the judgment debtor has been issued;

e) The Court cannot determine the address of the judgment debtor and the place exists the properties related to the enforcement;

g) The jurisdiction to resolve the application belongs to another Court and the dossier has been forwarded to such Court for resolution;

h) The Court cannot determine the place exists the properties related to the enforcement in Vietnam in case the judgment debtor being agency/organization does not have head office in Vietnam or the judgment debtor being individual does not reside or work in Vietnam.

Article 438. Meetings for considering applications

1. The consideration of an application shall be conducted at a meeting by a Panel consisting of 3 Judges, one of whom shall act as the presiding Judge under the assignment of the Chief Justice of the Court.

2. The procurator of the procuracy of the same level shall attend the meeting; if the procurator is absent, the meeting shall be still conducted by the Court.

3. The meeting shall be conducted in the presence of the judgment creditors, judgment debtors or their lawful representatives; if any of them is absent for the first time, the meeting must be postponed.

The consideration of the application shall still proceed if the judgment creditors or their lawful representatives, or the judgment debtors or their lawful representatives have filed their applications to the Courts for consideration of the applications in their absence or if their lawful representatives have been duly summoned twice but are still absent.

The Panel shall issue decisions to terminate the consideration of the application if the judgment creditors or their lawful representatives have been duly summoned twice but are still absent or in any of the circumstances specified in clause 5 Article 437 of this Code.

4. When considering the application for recognition and enforcement, the Panel shall not conduct re-trial over the case when a foreign Court has issued judgment/decision for such case. The Court shall be only entitled to check and compare the civil judgment/decision of the foreign Court and accompanying papers and documents with provisions of Chapter XXXV and Chapter XXXVI of this Code, other relevant Vietnam's law provisions and International treaties to which the Socialist Republic of Vietnam is a signatory to form the basis for the issuance of decision to recognize and enforce such judgment/decision.5. After checking the application and accompanying papers and documents and listening to opinions of the summoned people and of the procurator, the Panel shall discuss and make decision under the majority rule.

The Panel shall be entitled to make a decision to recognize and enforce in Vietnam or decision to not recognize a civil judgment/decision of a foreign Court.

6. Within the time for preparation of the application, the first-instance Court shall be entitled to decide to apply, modify or repeal a provisional emergency measure specified in Chapter VIII of this Code.

Section 439. Civil judgments/decisions of foreign Court that shall not be recognized or enforced in Vietnam

1. Civil judgments/decisions of foreign Courts that do not satisfy one of conditions for being recognized provided for in International treaties to which the Socialist Republic of Vietnam is a signatory.

2. Civil judgments/decisions that have not taken legal effect as provided for in law of the home countries of the Courts issuing them.

3. Judgment debtors or their lawful representatives are absent from the Court sessions of the foreign Courts because they have not been duly summoned or documents of the foreign Courts have not been delivered to them in a reasonable time period as prescribed in law of home country of such foreign Court so that such persons can exercise the right to self-defense.

4. The foreign Courts that have issued the judgments/decisions do not have jurisdiction to settle civil cases as prescribed in Article 440 of this Code.

5. Such civil cases have been settled in legally effective civil judgments/decisions of Vietnamese Courts, or before the foreign agencies in charge accepted such cases, they have been accepted and are being proceeded by Vietnamese Courts, or such civil cases have been settled with civil judgments/decisions issued by Courts of third countries which have been recognized and allowed to be enforced by Vietnamese Courts.

6. Time limit for enforcement of judgments prescribed in law of the home countries of the Courts issuing such judgments/decisions or in Vietnam's law on civil judgment enforcement has been exceeded.

7. The enforcement of the judgments/decisions has been canceled or terminated at the home country of the Court issuing such judgments/decisions.

8. The recognition and enforcement of civil judgments/decisions of foreign Courts in Vietnam are contrary to basic principles of law of the Socialist Republic of Vietnam.

Article 440. Foreign Courts having jurisdiction to settle disputes and requests

Any foreign Court issuing a judgment/decision that is being considered to be recognized and enforced in Vietnam shall have jurisdiction to settle the civil case in the following cases:

1. The civil case does not fall within the exclusive jurisdiction of Vietnam’s Courts specified in Article 470 of this Code;

2. The civil case falls in a case specified in Article 469 of this Code but has one of the following conditions:

a) The defendant participate in oral argument without appeal against the jurisdiction of such foreign Court;

b) Not any judgment/decision issued by a third country for such civil case is recognized and enforced by Vietnam’s Court;

c) Such civil case has been accepted by a foreign Court before being accepted by a Vietnam’s Court.

Article 441. Sending of decisions of Courts

1. Within 15 days from the day on which the decision specified in clause 5 Article 438 of this Code is issued, the Court shall send such to involved parties or their lawful representatives, the Ministry of Justice and the procuracy of the same level.

2. Within 05 working days from the day on which the decision to suspend or terminate the resolution of the application provided for in clauses 4 and 5 Article 437 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, the Ministry of Justice and the procuracy of the same level.

3. Immediately when decisions to apply, modify or cancel a provisional emergency measure specified in clause 6 Article 438 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, competent civil-judgment-executing bodies, the Ministry of Justice and the procuracy of the same level.

4. The sending of decisions of the Court to involved parties living overseas shall comply with methods specified in Article 474 of this Code.

Article 442. Appeals

1. Within 07 days from the day on which the Court issue the decision to suspend/terminate the consideration of the application, and 15 days from the day on which the Court issue the decision to recognize and enforce or to not recognize the judgment/decision of a foreign Court, involved parties and their lawful representatives may file an appeal against such decision; if the involved parties and their lawful representatives did not attend the meeting for considering the application, the time limit for filing an appeal shall be counted from the day on which they receive such decision. The appellate petition must clearly state the reasons for the appeal and the appellate requests.

In cases where there are force majeure events or objective obstacles that the involved parties or their lawful representatives can not file an appeal within such time limit, the time when the force majeure events or objective obstacles occur shall not be included in the time limit for appeal.

2. The Chairpersons of the People’s Procuracies of provinces or Chairpersons of the Collegial People’s Procuracies may file appeals against the decisions of Courts specified in clauses 4 and 5 Article 437 and clause 5 Article 438 of this Code.

Time limit for filing an appeal is 07 days (applicable to the People’s Procuracies of provinces) or 10 days (applicable to Collegial People’s Procuracies) from the day on which the procuracy receives the decision.

Article 443. Consideration of appeals

1. Collegial People’s Court shall consider the decision of the People’s Court of province which is appealed against within its jurisdiction within 01 month from the day on which the documents are received; if explanation is required as prescribed in clauses 1 and 2 Article 437 of this Code, such time limit shall be extended for not exceeding 02 months.

2. Members of the Panel in charge of considering a decision that is appealed against shall be comprised of 3 Judges, one of which shall be the presiding Judge as assigned by the Chief Justice of Collegial People’s Court.

A meeting for re-considering a decision that is appealed against shall be conducted as the one for considering the application specified in Article 438 of this Code.

3. The Panel for considering the decision being appealed against shall have the following powers:

a) To uphold the decision of the first-instance Court;

b) To modify partially of wholly the decision of the first-instance Court;

c) To suspend the settlement of the appeal;

d) To terminate the settlement of the appeal;

dd) To repeal the decision of the first-instance Court and forward the dossiers to such first-instance Court for re-settlement according to first-instance procedures;

e) To repeal the decision of first-instance Court and terminate the consideration of the application when existing any of circumstances specified in clause 5 Article 437 of this Code.

4. A decision of a Collegial People’s Court shall take legal effect from the day on which it is issued and may be appealed according to cassation or reopening procedures according to provisions of this Code.

Section 2. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS

Section 444. Prescriptive periods for application for non-recognition in Vietnam of civil judgments/decisions of foreign Court

1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment debtors or their lawful representatives may request Vietnam’s Court to not recognize such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Section 445. Application for non-recognition in Vietnam of civil judgments/decisions of foreign Court

1. The applicant specified in clause 1 Article 444 of this Code must file an application. Such application must contain the following principal details:

a) Full names and addresses of residence places or work places of the judgments debtors; if the judgments debtors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed; in cases where the judgment debtors being individuals do not have residence places or work places in Vietnam or the judgment debtors being agencies or organizations do not have head-offices in Vietnam, their applications must also specify the addresses of the places where exist the properties and assorted properties relating to the enforcement in Vietnam of foreign courts’ civil judgments/decisions;

b) Full names and addresses of residence places or work places of the judgment creditors or their lawful representatives; if the judgment creditors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

c) Requests of judgment debtors; where foreign courts’ judgments/decisions have been partly enforced, the application must clearly state the executed parts and the remaining parts requested for non-recognition in Vietnam.

2. Applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Section 446. Application for non-recognition in Vietnam of civil judgments/decisions of foreign Court

1. The applications shall be enclosed with papers and documents specified in the International treaties to which the Socialist Republic of Vietnam is a signatory. If the Socialist Republic of Vietnam and the home country of the Court issuing the judgment/decision have not been co-signatories of an International treaty having provisions for such matter, the application shall be enclosed with the originals or certified true copy of the judgment/decision issued by the foreign Court and papers and documents proving the request for non-recognition.

2. Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

3. Procedures for consideration of the application, the sending of decision of the Court, the filing of appeals and the consideration of the appeals shall be conducted according to regulations in corresponding articles in Section 1 of this Chapter.

Section 3. PROCEDURES FOR NON-RECOGNITION OF CIVIL JUDGMENTS OR DECISIONS OF FOREIGN COURTS WHICH ARE NOT REQUESTED TO BE ENFORCED IN VIETNAM

Section 447. Prescriptive periods for application for non-recognition of civil judgments or decisions of foreign Courts which are not requested to be enforced in Vietnam

1. Within 06 months from the day on which the civil judgment/decision of a foreign Court takes legal effect but there is no request for enforcement of such Judgment/decision in Vietnam, then involved parties and persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code, in case the International treaty to which the Socialist Republic of Vietnam is a signatory does not provide for or there is no relevant International treaty provisions, to request the Court to not recognize such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time period when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Section 448. Application for non-recognition of civil judgments or decisions of foreign Courts which are not requested to be enforced in Vietnam

1. An application for non-recognition of a civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam must have the following principal details:

a) Full names and addresses of residence places or work places of the applicants; if the applicants are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

b) Requests of the applicants.

2. Enclosed with the application shall be the originals or certified true copies of the civil judgment/decision of foreign Court and necessary papers and documents for proving that the request for unrecognition is well-grounded and lawful.

3. The application and accompanying papers and documents that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Section 449. Procedures for acceptance and processing of application for non-recognition of a civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam

1. The acceptance of application, the preparation for consideration of application and the meeting for considering the application for non-recognition of a civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam shall be conducted according to regulations in Articles 436, 437 and 438 of this Code.

2. The Panel considering the application may any of the following decisions:

a) To not recognize the civil judgment/decision of the foreign Court;

b) To reject the application for non-recognition.

3. A civil judgment/decision of a foreign Court which is not requested to be enforced in Vietnam shall not be recognized in cases specified in Article 439 of this Code.

Article 450. Sending decisions of Courts and regulations on appeal

The sending of decisions of Courts; the appeal and the consideration of an appeal shall comply with regulations in Article 441, 442 and 443 of this Code.

Chapter XXXVII. PROCEDURES FOR CONSIDERATION OF APPLICATIONS FOR RECOGNITION AND ENFORCEMENT IN VIETNAM OF FOREIGN ARBITRATOR’S AWARD

Article 451. Time limit for submission of applications for recognition and enforcement

1. Within 03 months from the day on which the foreign arbitrator’s award takes legal effect, the judgment creditors and persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam is a signatory or to a competent Vietnam’s Court specified in this Code, in case the International treaty to which the Socialist Republic of Vietnam is a signatory does not provide for or there is no relevant International treaty provisions, to request the Court to not recognize and enforce such award.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time period when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Article 452. Application for recognition and enforcement in Vietnam of foreign arbitrator’ award

1. An application for recognition and enforcement in Vietnam of foreign arbitrator’ award must contain the following principal details:

a) Full names and addresses of residence places or work places of the judgment creditors or their lawful representatives in Vietnam; if the judgment creditors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

b) Full names and addresses of residence places or work places of the judgments debtors; if the judgments debtors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed; in cases where the judgment debtors being individuals do not have residence places or work places in Vietnam or the judgment debtors being agencies or organizations do not have head-offices in Vietnam, their applications must also specify the addresses of the places where exist the properties and assorted properties relating to the enforcement in Vietnam of foreign arbitrator’s award;

c) Requests of the judgment creditors.

2. Applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 453. Papers and documents enclosed with the applications

1. The applications shall be enclosed with papers and documents specified in the International treaties to which the Socialist Republic of Vietnam is a signatory; in case where there is no International treaty or the International treaty does not provide for the case, the following papers and documents shall be enclosed with the application:

a) The originals or certified true copies of the foreign arbitrator’s award;

b) The originals or certified true copies of arbitration agreements between parties.

2. Papers and documents enclosed with the application that are in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

Article 454. Forwarding dossiers to Courts

1. Within 05 working days from the day on which the application and enclosed papers and documents specified in Article 453 of this Code, the Ministry of Justice shall forward them to the competent Court.

2. If the Ministry of Justice has forwarded the dossier to the Court and received notification from a competent agency of the foreign country informing that the case is being considered or the enforcement of the foreign arbitrator’s award has been canceled or terminated in such country, the Ministry of Justice must immediately notify in writing to the Court.

Article 455. Acceptance of dossiers

Within 05 working days from the day on which the dossiers sent from the Ministry of Justice are received or from the day on which the applications and accompanying papers and documents sent from the applicants are received, the competent Courts shall base themselves on Article 363, 364 and 365 of this Code to consider and accept the dossiers and notify in writing such to the judgment creditors, the judgment debtors or their lawful representatives in Vietnam, the Procuracies of the same levels and the Ministry of Justice.

Article 456. Forwarding dossiers to other Courts, settlement of disputes about jurisdiction

If after accepting the case, the Courts deem that the settlement of application for recognition and enforcement in Vietnam the foreign arbitrator’s award falls within the jurisdiction of another Courts of Vietnam, then the Court which has accepted the case shall issue a decision to forward the dossier to the jurisdictional Court and cross out such request on its acceptance book. Such decision shall be immediately sent to the procuracy of the same level and the involved parties.

Involved parties may file an appeal or the procuracy may file an appeal against such decision within 03 working days from the day on which such decision is received. Order and procedures for processing the appeals or settling disputes about jurisdiction shall comply with regulations in Article 41 of this Code.

Article 457. Preparation for consideration of applications

1. Within 02 months from the date of acceptance, on a case-by-case basis, the Court shall issue one of the following decisions:

a) To suspend the consideration of the application;

b) To terminate the consideration of the application;

c) To open a meeting for considering the application.

Within the time limit for preparation for considering the application, the Court may request the judgment creditors to explain the unclear information in the application. In such case, the time limit for preparation for considering the application shall be extended for not exceeding 02 months.

Within 20 days after issuing a decision to open a meeting for considering the application, the Court shall open the meeting. Within 15 days before the meeting is opened, the Court shall transfer the dossier to the procuracy of the same level for study; past such time period, the procuracy shall return the dossier to the Court so that the meeting for considering the application can be opened.

2. The Court shall issue the decision to suspend the consideration of the application in any of the following circumstances:

a) Foreign arbitrator’s award is being re-considered by a competent agency of the country where the award is made;

b) The judgment debtor being individual has died or the judgment debtor being agency/organization has been merged, amalgamated, divided or dissolved without an agency, organization or individual to inherit his/her/its procedure rights and obligations;

c) The judgment debtor being individual lacks of legal capacity but his/her lawful representatives has not been determined;

Within the time period of termination, the Judge assigned to settle the case shall be still responsible for resolving the application.

When the decision to suspend the resolution of the application has been issued as prescribed in this clause, the Judge shall be responsible for supervising and expediting agencies, organizations and individuals to eliminate the causes for such suspension as soon as possible to promptly continue processing the application. When the causes for the suspension no longer exist, the Judge shall make a decision to continue processing the application.

3. The Court shall issue the decision to terminate the consideration of the application in any of the following circumstances:

a) The judgment creditor withdraws his/her application or the judgment debtor has voluntarily enforce the foreign arbitrator’s award;

b) The judgment debtor being individual has died but his/her rights and obligations have not been inherited;

c) The judgment debtor being agency/organization has been dissolved or bankrupted but its rights and obligations have been settled according to Vietnam’s law;

d) The judgment debtor being agency/organization has been dissolved or bankrupted but its procedure rights and obligations have not been inherited;

dd) The Court cannot determine the places where exist properties in Vietnam of the judgment debtor according to the request of the judgment creditor of the arbitral award.

Article 458. Meetings for considering applications

1. The consideration of an application shall be conducted at a meeting by a Panel consisting of 3 Judges, one of whom shall act as the presiding Judge under the assignment of the Chief Justice of the Court.

2. The procurator of the procuracy of the same level shall attend the meeting; if the procurator is absent, the meeting shall be still conducted by the Court.

3. The meeting shall be conducted in the presence of the judgment creditors, judgment debtors or their lawful representatives; if any of them is absent for the first time with plausible reasons, the meeting must be postponed.

The consideration of the application shall still proceed if the judgment creditors or their lawful representatives, or the judgment debtors or their lawful representatives have filed their applications to the Courts for consideration of the applications in their absence or if their lawful representatives have been duly summoned twice but are still absent.

The Panel shall issue decisions to terminate the processing of the application if the judgment creditors or their lawful representatives have been duly summoned twice but are still absent or in any of the circumstances specified in clause 3 Article 457 of this Code.

4. When considering the application for recognition and enforcement, the Panel shall not conduct re-trial over the dispute when the foreign arbitrator’s award has been issued. The Court shall be only entitled to check and compare the foreign arbitrator’s award and accompanying papers and documents with provisions of Chapter XXXV and Chapter XXXVII of this Code, other relevant Vietnam's law provisions and International treaties to which the Socialist Republic of Vietnam is a signatory to form the basis for the issuance of decision to recognize and enforce such award.

5. After checking the application and accompanying papers and documents and listening to opinions of the summoned people and of the procurator, the Panel shall discuss and make decision under the majority rule.

The Panel shall be entitled to make a decision to recognize and enforce in Vietnam the foreign arbitrator’s award or decision to not recognize a foreign arbitrator’s award.

Article 459. Cases of non-recognition

1. The Court shall not recognize a foreign arbitrator’s award when deeming that the evidences provided by the judgment debtors to the Court for appealing against the application for recognition are well-grounded and the arbitrator’s award falls within one of the following cases:

a) The parties of the arbitration agreement do not have capacity to conclude such agreement according to law applicable to each party;

b) The arbitration agreement is not legally effective according to the law of a country which is chosen to be applied or according to the law of where the award is made in case the parties cannot choose a law to be applied to such agreement;

c) The judgment debtors being agencies, organizations and individuals are not promptly and conformably notified of the appointment of arbitrator officer and of procedures for processing the disputes at foreign arbitrator, or due to other plausible reasons, such agencies, organizations and individuals cannot exercise their procedure rights;

d) The foreign arbitrator’s award over a dispute is not requested to be settled by any parties or exceeds the request of parties of the arbitration agreement. If it is able to separate the parts of the decision on the matter which are requested and not requested to be settled at foreign arbitrator, the decision on the matter requested to be settled may be recognized and enforced in Vietnam;

dd) Compositions of foreign arbitrator and/or procedures for settlement of disputes conducted by foreign arbitrator is not conformable to the arbitration agreement or to the law of the country where the foreign arbitrator’s award has been made, in case the arbitration agreement does not provide for such matters;

e) The foreign arbitrator’s award has not taken compulsory legal effect on parties;

g) The enforcement of the foreign arbitrator’s award has been canceled or terminated by a competent agency of the country where such award is made or the home country of the law that is applied.

2. The foreign arbitrator’s award shall not be recognized is the Vietnam’s Court deems that:

a) According to Vietnam’s law, the dispute shall not be settled according to arbitral procedures;

b) The recognition and enforcement in Vietnam of foreign arbitrator’s award are contrary to basic principles of law of the Socialist Republic of Vietnam.

Article 460. Sending of decisions of Courts

1. Within 05 working days from the day on which the decision to suspend or terminate the resolution of the application provided for in clauses 2 and 3 Article 457 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, the Ministry of Justice and procuracy of the same level.

2. Within 15 days from the day on which the decision to recognize and enforce or to not recognize in Vietnam the foreign arbitrator’s award specified in clause 5 Article 458 of this Code is issued, the Court shall send such decision to involved parties or their lawful representatives, the Ministry of Justice and the procuracy of the same level. If the involved parties living overseas do not have lawful representatives in Vietnam and the Court has issued the decision in their absence according to regulations in clause 3 Article 458 of this Code, the Court shall send such decision to them by post or via the Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam is a signatory.

3. The sending of decisions of the Court to involved parties shall comply with methods specified in Article 474 of this Code.

Article 461. Appeals

1. Within 07 days from the day on which the Court issue the decision specified in clauses 2 and 3 Article 457 or clause 5 Article 458 of this Code, involved parties and their legal representatives may file an appeal against such decision; if the involved parties and their lawful representatives did not attend the meeting for considering the application, the time limit for filing an appeal shall be counted from the day on which they receive such decision. The appellate petition must clearly state the reasons for the appeal and the appellate requests.

In cases where there are force majeure events or objective obstacles that the involved parties or their lawful representatives can not file an appeal within such time limit, the time when the force majeure events or objective obstacles occur shall not be included in the time limit for appeal.

2. The Chairpersons of the People’s Procuracies of provinces or Chairpersons of the Collegial People’s Procuracies may file appeals against the decisions of Courts specified in clauses 2 and 3 Article 457 and clause 5 Article 458 of this Code.

Time limit for filing an appeal is 07 days (applicable to the People’s Procuracies of provinces) or 10 days (applicable to Collegial People’s Procuracies) from the day on which the procuracy receives the decision.

Article 462. Consideration of appeals

1. Collegial People’s Court shall re-consider the decision of the People’s Court of province which is appealed against within 01 month from the day on which the documents are received; if explanation is required as prescribed in clause 1 Article 457 of this Code, such time limit shall be extended for not exceeding 02 months.

2. Members of the Panel in charge of considering a decision that is appealed against shall be comprised of 3 Judges, one of which shall be the presiding Judge as assigned by the Chief Justice of Collegial People’s Court. A meeting for re-considering a decision that is appealed against shall be conducted as the one for considering the application specified in Article 458 of this Code.

3. The Panel for considering the decision being appealed against shall have the following powers:

a) To uphold the decision of the first-instance Court;

b) To modify partially of wholly the decision of the first-instance Court;

c) To suspend the settlement of the appeal;

d) To terminate the settlement of the appeal;

dd) To repeal the decision of the first-instance Court and forward the dossiers to such first-instance Court for re-settlement according to first-instance procedures;

e) To repeal the first-instance decision and terminate the processing of the application when existing any of circumstances specified in clause 3 Article 457 of this Code.

4. The Panel for considering the decision being appealed against shall terminate the processing of an appeal in the following cases:

a) The involved party withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal;

b) The involved party filing the appeal has been duly summoned twice but is still absent without an application for resolution in his/her absence.

If the involved party filing appeal withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal before the appellate Court make a decision to open a meeting for considering such appeal, the Judge assigned to preside over the meeting shall make a decision to terminate the resolution of such appeal. If the involved party filing appeal withdraws wholly his/her appeal or the procuracy withdraws wholly its appeal when the appellate Court has made a decision to open a meeting for considering such appeal, appeal consideration Panel shall make a decision to terminate the resolution of such appeal.

In the following cases, the decision of the first-instance Court shall take legal effect from the day on which the appellate Court issues the decision to terminate the consideration of the appeal.

5. The Panel in charge of considering the decision being appealed against shall repeal the decision of the first-instance Court and forward the dossiers to such first-instance Court for re-processing according to first-instance procedures in the following cases:

a) The proving of the involved parties for protesting against the recognition of the foreign arbitrator’s award or the grounds for the first-instance Court to make a decision to recognize or to not recognize the foreign arbitrator’s award is unconformable to provisions of Chapter XXXV and Chapter XXXVII of this Code, other relevant provisions of Vietnam’s law and of International treaties to which the Socialist Republic of Vietnam is a signatory;

b) Members of the Panel in charge of considering the application of the first-instance Court is unconformable to provisions of Chapter XXXVII of this Code or is seriously contrary to regulations on procedures that affects lawful rights and interests of involved parties.

6. A decision of a Collegial People’s Court shall take legal effect from the day on which it is issued and may be appealed according to cassation or reopening procedures according to provisions of this Code.

Article 463. Termination of enforcement, repealing of decisions to recognize and enforce a foreign arbitrator’ award

1. Immediately when the written notification of a competent foreign agency of that the application for repealing or termination of the enforcement of foreign arbitrator’s award is being considered sent by involved parties or the Ministry of Justice is received, the Court that has issued the decision to recognize and enforce in Vietnam such award shall request the Head of Civil judgment enforcement agency to issue decision to suspend the enforcement of the award.

Immediately when the request of the Court has been received, Head of the Civil judgment enforcement agency shall issue a decision to suspend the enforcement of the award and send such decision to the Court that has issued the decision to recognize and enforce in Vietnam the foreign arbitrator’s award and to involved parties and persons with relevant interests and duties.

Head of the civil judgment enforcement agency may take security measures that are necessary for the continuing of the enforcement of foreign arbitrator’s ward according to law on enforcement of civil judgment at the request of agencies, organizations and individuals being judgment creditors.

2. Immediately when the written notification of the foreign competent authority of the repealing or termination of the enforcement of a foreign arbitrator’s award has been received, Vietnam’s Court that has issued the decision to recognize and enforce in Vietnam such foreign arbitrator’s award shall issue a decision to repeal such decision and send such decision to involved parties, persons with relevant interests and duties, and the civil judgment enforcement agency.

Immediately when the decision of the Court has been received, Head of the Civil judgment enforcement agency shall issue a decision to terminate the enforcement of the foreign arbitrator’s award.

PART EIGHT. PROCEDURES FOR SETTLEMENT OF CIVIL CASES INVOLVING FOREIGN ELEMENTS

CHAPTER XXXVIII. GENERAL PROVISIONS FOR PROCEDURES FOR SETTLEMENT OF CIVIL CASES INVOLVING FOREIGN ELEMENTS

Article 464. Principles of application

1. This Part provides for jurisdiction, procedures for settlement of civil cases involving foreign elements; if a case is not provided for in this Part, other relevant provisions of this Code shall be applied.

2. A civil case involving foreign elements means a civil case falling in any of the following cases:

a) At least one party is a foreign individual/agency/organization;

b) All parties are Vietnamese citizens/agencies/organizations but the relationship is established, changed, developed or broken up in a foreign country;

c) All parties are Vietnamese citizens, agencies and organizations but the parties of such civil relationship are overseas.

3. Judicial assistance activities in civil procedure shall be conducted according to regulations of law on Judicial assistance.

Article 465. Procedural rights and obligations of foreigners, foreign agencies and organizations and branches or representatives offices of foreign agencies and organizations and international organizations or their representatives in Vietnam, States of foreign countries

1. Foreigners, foreign agencies and organizations, international organizations, representative offices of international organizations in Vietnam may initiate lawsuits to Vietnamese Courts to request the protection of their legitimate rights and interests when being infringed upon or when being in dispute.

Foreigners, foreign agencies and organizations, international organizations, representative offices of international organizations in Vietnam may initiate lawsuits to Vietnamese Courts to request the protection of their legitimate rights and interests when being infringed upon or when being in dispute.

2. When participating in civil procedures, foreigners, foreign agencies and organizations and branches or representatives offices in Vietnam of foreign agencies and foreign organizations and international organizations or their representatives in Vietnam and States of foreign countries shall have rights and obligations to conduct procedures like Vietnamese citizens, agencies and organizations.

3. The Vietnamese State may apply the principle of reciprocity to restrict relevant civil procedural rights of foreigners, foreign agencies and organizations, branches or representative offices of foreign agencies and organizations, and international organizations or their representative agencies in Vietnam which the Courts of their countries have restricted towards Vietnamese citizens, agencies and organizations, and branches and representative offices of overseas Vietnamese agencies and organizations.

Article 466. Civil-procedure legal capacity and civil-procedure act capacity of foreigners

1. Civil-procedure legal capacity and civil-procedure act capacity of a foreigner shall be determined as follows:

a) Under the law of the country of which he/she is a citizen. For a stateless foreigner, his/ her civil-procedure legal capacity and civil-procedure act capacity shall be determined under the law of the country where he/she resides. For a stateless foreigner residing in Vietnam, his /her civil-procedure legal capacity and civil- procedure act capacity shall be determined under Vietnamese law;

b) If the foreigner has different foreign citizenships, his /her civil procedure legal capacity and civil-procedure act capacity shall be determined under the law of the one of the countries of which he/she is a citizens and where he/she resides.

For a foreigner who has different citizenships and resides in a country of which he/she is not a citizen, his/her civil-procedure legal capacity and civil-procedure act capacity shall be determined under the law of the country of which he/she is a citizen for the longest time;

c) Under Vietnamese law, if he/she has different citizenships including Vietnamese citizenship, or if he/she has a card for permanent residence or temporary residence in Vietnam.

2. A foreigner may have his/her civil-procedure act capacity recognized at a Vietnamese Court if he/she has such capacity in accordance with Vietnamese law in spite of not having it in accordance with the law of the relevant foreign country.

Article 467. Civil-procedure legal capacity of foreign organizations, branches or representative offices in Vietnam of foreign agencies and organizations and international organizations and their representatives offices in Vietnam and of the State of foreign countries

1. Civil-procedure legal capacity of a foreign agency or organization shall be determined in accordance with the law of the country where such agency or organization is established.

Civil-procedure legal capacity of a branch or representative office of a foreign agency or organization in Vietnam shall be determined in accordance with Vietnamese law.

2. Civil-procedure legal capacity of an international organization or its representative agency shall be determined under the International treaty based on which such organization is established, the working regulation of such organization, or the International treaty to which the Socialist Republic of Vietnam is a signatory.

If the international organization declares to waive its privileges or immunities, its civil-procedures legal capacity shall be determined in accordance with Vietnamese law.

Article 468. Protection of legitimate rights and interests involved parties being foreigners, foreign agencies and organizations, branches or representative offices in Vietnam of foreign agencies and organizations and international organizations and their representative offices in Vietnam or the State of foreign countries

The involved parties being foreigners, foreign agencies and organizations, branches or representative offices of foreign agencies and organizations, and international organizations or their representative agencies in Vietnam that participate in procedures at Vietnamese Courts may themselves, or ask lawyers to, defend their lawful rights and interests in accordance with Vietnamese law.

Article 469. Common jurisdiction of Vietnamese Courts to resolve civil cases involving foreign elements

1. Vietnamese Courts shall have the jurisdiction to resolve civil cases involving foreign elements in the following cases:

a) The defendant is an individual who resides, works or lives for a long term in Vietnam;

b) The defendant is an agency or organization which is headquartered in Vietnam or the defendant is an agency or organization has a branch or a representative office in Vietnam, applicable to cases related to the operation of the branch or representative office in Vietnam of such agency/organization;

c) The defendant has properties in Vietnam;

d) The divorce cases with the plaintiffs or the defendants being Vietnamese citizens or involved parties being foreigners who reside, work or live for a long term in Vietnam;

dd) Civil cases related to civil relations which are established, changed or terminated in Vietnam, objects of which are properties in Vietnam or acts performed in Vietnam;

e) Civil cases related to civil relations which are established, changed or terminated in Vietnam but involve rights and obligations of Vietnamese agencies, organizations and individuals or agencies, organizations and individuals that are headquartered or reside in Vietnam.

2. When the jurisdiction of Vietnamese Courts have been determined according to provisions of this Chapter, the Court shall base themselves of provisions of Chapter III of this Code to determine their specific jurisdiction to resolve the civil case involving foreign elements.

Article 470. Exclusive jurisdiction of Vietnamese Courts

1. The following civil lawsuits involving foreign elements shall fall under the exclusive jurisdiction of Vietnamese courts:

a) Civil lawsuits involving rights to properties being immovables in the Vietnamese territory;

b) Divorce case between a Vietnamese citizen and a foreign citizen or a stateless person if both spouses reside, work or live permanently in Vietnam;

c) Other civil lawsuits where parties are allowed to choose Vietnamese Courts to settle according to Vietnamese law or International treaties to which the Socialist Republic of Vietnam is a signatory and parties agreed to choose Vietnamese Courts.

2. The following civil cases involving foreign elements shall fall under the exclusive jurisdiction of Vietnamese courts:

a) Claims without dispute arising from civil legal relationships specified in clause 1 of this Article;

b) Claims for determination of a legal events occurring in Vietnam;

c) Declaration of a Vietnamese citizen or a foreigner residing in Vietnam missing or death if such declaration is related to the establishment of their rights and obligations in Vietnam, except for cases where International treaties to which the Socialist Republic of Vietnam is a signatory otherwise prescribe;

d) Declaration of foreigner residing in Vietnam having limited civil act capacity or lacking legal capacity if such declaration is related to the establishment of their rights and obligations in Vietnam;

dd) Recognition of a property in Vietnam to be derelict, recognition of the right to ownership of the current manager over derelict immovables in Vietnam.

Article 471. Not changing the jurisdiction of Courts

Any civil case involving foreign elements which has been accepted for settlement by a Vietnamese Court under this Code’s provisions on jurisdiction must be continually settled by such Court even though during the resolution process there appear changes of nationalities, residential places or addresses of involved parties or appear new details which make such civil case falls under the jurisdiction of another Vietnamese Court or foreign court.

Article 472. Returning the lawsuit petitions or applications or terminating the resolution of civil cases involving foreign elements in case arbitration agreements and/or agreements on choosing foreign Courts have been concluded or in case such civil cases have been settled by foreign Courts or foreign arbitrators or other foreign competent authorities or the involved parties are eligible for legal exemption

1. Vietnamese Courts shall return lawsuit petitions or applications or terminate the settlement of civil cases involving foreign elements if such civil cases fall in common jurisdiction of Vietnamese Courts but fall in any of the following cases:

a) Involved parties were agreed to choose dispute settlement methods according to law provisions applicable to civil relationships involving foreign elements and such involved parties have chosen foreign arbitrators or Courts to settle such cases/matters.

In case where the agreements to chose foreign arbitrators or Courts are replaced by agreements on choosing Vietnamese Courts, or the agreements to choose foreign arbitrators or Courts are annulled or cannot be executed, or where the foreign arbitrators or Courts refuse to accept the petitions, thus Vietnamese Courts shall have the jurisdiction to settle;

b) The civil cases do not fall within the exclusive jurisdiction of Vietnamese Courts specified in Article 470 of this Code and fall in the exclusive jurisdiction of relevant foreign Courts;

c) The civil cases do not fall within the exclusive jurisdiction of Vietnamese Courts specified in Article 470 of this Code and have been accepted for settlement by foreign arbitrators or Courts;

d) The civil cases are settled by judgments/decisions of the foreign Courts or by foreign arbitrators’ awards.

If such judgments/decisions or awards are not recognized by Vietnamese Courts, Vietnamese Courts shall have jurisdiction to settle such cases;

dd) The defendants are eligible for legal exemption.

2. If the petitions are returned or the settlement of civil cases involving foreign elements specified in clause 1 of this Article is terminated, the Court fee and charge advances shall be settled according to provisions of this Code.

Article 473. Requests for provision of information about record and determination of addresses of involved parties living overseas

1. The petitions or written requests must state clearly full names, addresses and nationalities of involved parties living overseas enclosed with papers and documents authenticating full names, addresses and nationalities of such involved parties.

If full names, addresses and nationalties of involved parties living overseas are not fully specified, they must be completed within a time limit specified by the Courts; past such time limit, if such information are not fully provided, the Courts shall return such petitions/requests.

2. If addresses of the involved parties living overseas are not identifiable, the litigators/requesters may request Vietnamese Courts to request competent authorities of foreign countries to determine addresses of the involved parties or may request competent authorities to find the persons who are absent from their resident places or request Vietnamese Courts or foreign competent authorities to declare involved parties missing or death according to Vietnamese law or law of the foreign countries or International treaties to which the Socialist Republic of Vietnam is a signatory.

If the competent authorities of foreign countries respond to Vietnamese Courts that addresses of the involved parties living overseas are not identifiable or after 06 months from the day on with the petitions/requests are received, not any response are made, the Courts shall return such petitions/requests.

Article 474. Methods of delivering and notifying courts’ procedural documents to overseas involved parties

1. The Court shall deliver or notify its procedural documents by any of the following methods:

a) Methods prescribed in International treaties to which the Socialist Republic of Vietnam is a signatory;

b/ Through the diplomatic channel, for involved parties residing in countries that are not a co-signatories with the Socialist Republic of Vietnam to a International treaty;

c) By post to addresses of involved parties currently residing in foreign countries if such methods are accepted by the laws of such countries;

d) By post to overseas representative missions of the Socialist Republic of Vietnam for being delivered to the involved parties being overseas Vietnamese citizens;

dd/ Through its representative office or branch in Vietnam in accordance with this provisions of this Code, applicable to foreign agencies or organizations having representative offices or branches in Vietnam;

e) By post to legal representatives or proxy representatives in Vietnam of involved parties living overseas.

2. Methods of delivery specified at Points a and b Clause 1 of this Article must comply with the law on Judicial assistance.

3. If the modes of delivery specified in Clause 1 of this Article are unsuccessfully applied, the Court shall post up the procedural document at the head office of the relevant overseas representative mission of the Socialist Republic of Vietnam, the Court currently processing the case, or the last place of residence of the involved party in Vietnam for 01 month and on the e-portal of the Court (if any) and the e-portal of the overseas representative mission of the Socialist Republic of Vietnam. In necessary cases, the Court may broadcast such on the central radio or television channels specialized for foreigners three times for 03 consecutive days.

Article 475. Collection of evidences from foreign countries

The Courts shall collect evidences in any of the following methods:

1. Those specified in points a and b clause 1 Article 474 of this Code;

2. Request by post involved parties being Vietnamese citizens residing overseas to send papers, materials and evidences to the Vietnamese Court.

Article 476. Notification of acceptance of cases, date for opening meetings or Court sessions

1. The Court shall send a notice of acceptance of the case to overseas involved parties, clearly stating the time and venue for holding the meeting for checking the handover of, access to, and disclosure of evidences and mediation (hereinafter referred to as the meeting), resumption of the meeting, and opening or resumption of the Court session.

2. The time limit for opening a Court session or a meeting for mediating shall be determined as follows:

a) A meeting for mediating shall be opened not earlier than 06 months and not later than 08 months after the issuance of a written notice of acceptance of the case. The date of resumption of a mediation meeting (if any) shall be fixed within 01 month after the date of opening such meeting;

b) A Court session shall be opened not earlier than 09 months and not later than 12 months after the issuance of a written notice of acceptance of the case. The date of resumption of a Court session (if any) shall be fixed within 01 month after the date of opening such Court session, except for cases specified in Clause 4 Article 477 of this Code.

3. The Court shall send a notice of acceptance of the civil matter to overseas involved parties, clearly stating the time and venue for opening or resuming the meeting for settling a civil matter.

The meeting shall be opened not earlier than 06 months and not later than 08 months after the issuance of a written notice of acceptance of the civil matter. The date of resumption of a meeting for settling civil matter (if any) shall be fixed within 01 month after the date of opening the initial meeting.

Article 477. Handling of results of delivery of Court’s procedural documents to overseas involved parties and results of requesting of foreign competent authorities to collect evidences

Upon receiving results of delivery of the court’s procedural document and results of collection of evidences in a foreign country, the court, on the case-by-case basis, shall:

1. Not hold a mediation meeting when it has received the delivery results by one of the methods specified in Clause 1 Article 474 of this Code and the involved parties have provided sufficient testimonies, materials and evidences, and the civil lawsuit falls into the case where no mediation can be held prescribed in Article 207 of this Code;

2. Postpone the mediation meeting if it has received the notice of delivery completion but until the date of holding the m, it receives no testimonies, documents or evidences from the involved parties that do not ask for permitted absence from the mediation meeting. In case overseas involved parties are still absent on the day the mediation meeting is resumed, the Court shall consider it impossible for conducting the mediation;

3. Postpone the Court session in the following cases:

a) Overseas involved parties request in writing the postponement of the first Court session;

b) Overseas involved parties are absent from the first Court session, unless they make a written petition for trial to be conducted in their absence;

4. Postpone the Court session, if it receives no notice of delivery results or testimonies, materials or evidences of overseas involved parties and, on the date of opening the Court session, these involved parties are still absent and make no written request for trial to be conducted in their absence. Immediately after the postponement of the Court session, the Court shall request in writing the Ministry of Justice or overseas representative mission of the Socialist Republic of Vietnam to notify the delivery of the court’s procedural document to the involved parties in case the Court makes the delivery via this mission by one of the methods prescribed in Points a, b and d Clause 1 Article 474 of this Code.

Within 01 month after receiving the court’s request, the overseas representative mission of the Socialist Republic of Vietnam shall notify the Court of the result of delivery of the procedural document to the overseas involved parties.

Within 10 days after receiving the court’s request, the Ministry of Justice shall request in writing the competent foreign authority to give a reply on the result of request for judicial assistance.

Within 5 working days after receiving the reply from the competent foreign authority, the Ministry of Justice shall give a reply to the court.

Past the 3-month time limit from the date of transferring the court’s request to the competent foreign agency, if receiving no reply, the Ministry of Justice shall notify such to the Court for use as a ground for settlement of the case;

5. Conduct trial in the absence of overseas involved parties in the following cases:

a) It has received the result of delivery of the procedural document to the involved parties by one of the methods prescribed in Clause 1 Article 474 of this Code and the involved parties have provided sufficient testimonies, documents or evidences and requested the Court to conduct trial in their absence;

b) It has taken measures mentioned in Clause 3 Article 474 of this Code.

c) It receives no notice from the competent authority mentioned in Clause 4 of this Article regarding the delivery result;

6. If the Court receives a written notification of that the delivery cannot be completed because name and address of the involved party is inaccurate or the involved party has moved to another address that is unknown to the Court, then the Court shall:

a) Request the plaintiff and relatives in Vietnam of overseas involved party (if any) to provide it with correct or new address of the overseas involved party. Continue the delivery of the notice of acceptance to overseas involved party according to the address provided by the plaintiff or the relatives in Vietnam of the overseas involved party;

b) Make a decision to terminate the resolution of the case, in case the plaintiff or the relative in Vietnam of the involved party fails to or refuse to provide correct or new address of the overseas involved party or the overseas party does not have a relative in Vietnam. Concurrently, the Court shall explain to the litigator the right to request the Court to issue notice of finding an involved party absent from his/her residence or request the Court to declare an involved party missing or death;

c) If the plaintiff is a Vietnamese citizen who applies for divorcing a foreigner living overseas but fails to provide accurately such foreigner’s full name or new address at the request of the Court though the plaintiff and/or his/her relatives or Vietnamese or foreign competent authorities have conducted verification of news and/or address of such foreigner, then the plaintiff shall request the Court to post the notification on its e-portal (if any), e-portal of the consular offices of the Socialist Republic of Vietnam in foreign countries. If it is deemed necessary, at the request of the plaintiff, the Court may make notification via central radio or television channels specialized for foreigners three times for 03 consecutive days.

In such case, the Court is not required to re-deliver the procedural documents to overseas involved party. Past the 1-month time limit from the day on which the notification is posted, the Court shall conduct the trial in the absence of the involved party.

Article 478. Recognition of papers and materials sent by foreign agencies, organizations, or individuals to Vietnamese Courts

1. Vietnamese Courts shall recognize papers and documents made, issued or certified by competent foreign agencies or organizations in the following cases:

a) Papers, materials and notarized or certified Vietnamese translations have been legalized by consular offices;

b) Papers and documents are exempt from consular legalization in accordance with Vietnamese law or International treaties to which the Socialist Republic of Vietnam is a signatory.

2. Vietnamese Courts shall recognize papers and materials made by overseas individuals in the following cases:

a) Foreign-language papers and documents already translated into Vietnamese are lawfully notarized or certified in accordance with the Vietnamese law;

b) Papers and documents made in a foreign country are notarized or certified in accordance with the law of that country and have been legalized by consular offices;

c) Papers and documents made in Vietnamese by overseas Vietnamese citizens with their signatures certified in accordance with Vietnamese law.

Article 479. Time limit for appealing against Court judgments or decisions on trial of civil lawsuits involving foreign elements

1. Involved parties present in Vietnam may appeal against a Court judgment or decision within the time limit specified in Article 273 of this Code.

2. For overseas involved parties who are absent from the Court session, the time limit for them to appeal against a Court judgment or decision is 01 month after such judgment or decision is duly delivered or posted up in accordance with law.

3. In case the Court conducts trial in the absence of overseas involved parties under Point b, Clause 5, Article 477 of this Code, the time limit for filing an appeal is 12 months since the judgment is pronounced.

Article 480. Delivery or notification of procedural documents of appellate Courts to overseas involved parties and handling of delivery or notification results

Appellate Courts shall deliver or notify procedural documents to overseas involved parties and handle delivery or notification results in accordance with Articles 474, 476 and 477 of this Code.

Article 481. Determination and provision of foreign law for the Court to apply in the settlement of civil cases involving foreign elements

If the Vietnamese Court apply a foreign law to settle a civil case involving foreign element according to provisions of Vietnamese law and/or of an International treaty to which the Socialist Republic of Vietnam is a signatory, the responsibility for determining and providing foreign shall be performed as follows:

1. If the involved party of a civil case is allowed to choose a foreign law to be applied, he/she shall provide the foreign law he/she has chosen for the Court being in charge of such case. The involved party shall be responsible for the accuracy and legitimacy of the foreign law he/she provides for the Court.

If involved parties fail to agreed with each other about the foreign law to be chosen or in necessary cases, the Court shall request the Ministry of Justice, the Ministry of Foreign Affairs, consular offices of the Socialist Republic of Vietnam in foreign countries or request the diplomatic missions of foreign countries in Vietnam (via the Ministry of Foreign Affairs) to provide the foreign laws;

2. If Vietnamese law and/or International treaties to which the Socialist Republic of Vietnam is a signatory provide for that foreign laws shall be applied, the involved parties may provide foreign laws for the Court or the Court shall request the Ministry of Justice, the Ministry of Foreign Affairs or consular offices of the Socialist Republic of Vietnam in foreign countries to provide it with foreign laws;

3. The Court may request agencies, organizations and individuals professional in foreign laws to provide it with information about foreign laws;

4. Past the 06-month time limit from the date of request for provision of foreign laws as provided for in this Article, if there is no response, the Court shall apply Vietnamese law to settle the civil case.

PART NINE. ENFORCING CIVIL JUDGMENTS/DECISIONS OF COURTS

Chapter XXXIX. ENFORCING CIVIL JUDGMENTS/DECISIONS OF COURTS

Article 482. To be-enforced judgments/decisions of courts

1. The to be-enforced civil judgments/decisions of Courts are those that already took effect, including:

a) Judgments/decisions or parts of judgments/decisions of the first-instance courts, which are not appealed against according to the appellate procedures;

b) Judgments/decisions of appellate Courts;

c) Cassation/reopening decisions of courts; decisions of Councils of Judges of the Supreme People’s Court prescribed in Article 360 of this Code;

d) Civil judgments/decisions of foreign courts, foreign arbitral award, which have been recognized and permitted for enforcement in Vietnam.

2. The following judgments/decisions of first-instance Courts shall be immediately enforced though they may be appealed against or complained/recommended about:

a) Judgments/decisions on alimonies, remuneration, reinstatement of employees, wages, severance pays, compensation for loss of capacity for work, redundancy pays, social insurance, unemployment insurance, health insurance or compensations for loss of lives, health or mental damage suffered by citizens; decisions on lawfulness of labor strikes;

b) Decisions on application of provisional emergency measures.

Article 483. Recording and explanation about the right to request the enforcement of civil judgment

1. If the judgment/decision of the Court exists a decision to be enforced according to regulations in Article 482 of this Code, in the conclusion of such judgment/decision, the right to request the enforcement of the judgment, the obligation to enforce the judgment and the prescriptive periods of enforcement shall be clearly stated.

2. When issuing a judgment/decision, the Court shall clearly explain the involved parties about their right to request the judgment enforcement, judgment enforcement obligation and prescriptive periods for requesting for the enforcement of the judgment according to provisions of the Law on enforcement of civil judgments.

Article 484. Issuance of judgments/ decisions of Courts

When a judgment/decision of the Court fails in cases subject to being enforced according to regulations in Article 482 of this Code, the Court which has issued such judgment/decision shall issue the judgment creditors and judgment debtors such judgment/decision with the words “Dể thi hành” (to be enforced) written on it.

Article 485. Time limit for forwarding of judgments/decisions

1. The Court that has issued the judgment/decision specified in clause 1 Article 482 of this Code must forward such judgment/decision to competent civil-judgment-executing bodies within 01 month from the day on which such judgment/decision takes legal effect, unless otherwise prescribed by law.

2. The Court that has issued the judgment/decision specified in point a clause 2 Article 482 of this Code must forward such judgment/decision to competent civil-judgment-executing bodies within 15 days from the day on which such judgment/decision takes legal effect.

3. The Court that has made the decision to apply provisional emergency measures or decision on the legitimacy of a strike must forward such decision to competent civil-judgment-executing bodies immediately when such decision has been issued.

4. If the competent agencies have distrained upon the properties, impounded the properties, confiscated the exhibits or other documents related to the enforcement of the judgments, when forwarding the judgments/decisions to the civil-judgment-executing bodies, the Court must enclose with them copies of minutes of the distrainment, impoundment or confiscation of exhibits and other relevant documents.

Article 486. Explanation for and modification of judgments/ decisions of Courts

1. Judgment creditors, judgment debtors, persons with relevant interests and duties to the enforcement of the judgment/decisions of the Court and judgment-executing bodies shall be entitled to request in writing the Court issuing such judgments/decisions to explain and modify unclear information in such judgments/decisions to enforce them.

2. The Judges that have made the decisions or the Judges being the presiding Judges of the Court sessions shall be in charge of explaining and modifying unclear information in the judgments/decisions of the Courts. If such Judges are no longer the Judges of the Courts, the Chief Justices of such Courts shall take their charge.

3. The explanation of judgments/decisions of the Courts shall base on the minutes of the Court session, of the meeting or the deliberation minutes. The modification of a judgment/decision of a Court shall comply with regulations in Article 268 of this Code.

Article 487. Resolution of requests and recommendations about judgments/ decisions of Courts

If a civil-judgment enforcement agency file a recommendation about the re-consideration of a judgment/decision of the Court according to cassation or reopening procedures, the competent Court shall make response within 03 months from the day on which the recommendation is received; if the case is too complicated, such time limit shall be 04 months from the day on which the recommendation is received.

Article 488. Jurisdiction, procedures for consideration for exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget by the Court

1. Jurisdiction to consider the exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget by the Court shall be determined as follows:

a) People’s Courts of districts where the civil-judgment-executing bodies which are carrying out the enforcement of the judgment are headquartered shall be entitled to consider the applications for exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget;

b) People’s Courts of provinces shall be entitled to consider according to appellate procedures Court decisions on the exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget which are appealed against by the procuracies;

c) Collegial People’s Courts shall be entitled to consider according to re-opening procedures Court decisions on exemption or reduction of legally effective judgment obligation which are appealed against within their jurisdiction.

2. Order and procedures for consideration for exemption or reduction of judgment enforcement obligation regarding the amounts payable to the State budget shall be conformable to provisions of the Law on civil judgment enforcement.

PART TEN. HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS; COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEDURES

Chapter XL. HANDLING ACTS OF OBSTRUCTING CIVIL PROCEEDINGS

Article 489. Handling acts of obstructing the verification and collection of evidences by proceeding officers

Those who commit one of the following acts shall, depending on the nature and severity of the violations, be disciplined, be imposed administrative penalties or face criminal prosecution as prescribed in law:

1. Forging or destroying important exhibits, thus obstructing the resolution of cases by courts;

2. Refusing to provide or provide untruthful testimonies or providing false materials when acting as witnesses;

3. Refusing to produce results of expertise of refusing to provide information without good and sufficient reason or produce untruthful expertise results;

4. Intentionally giving untruthful interpretation;

5. Failing to assign a person to join the Price Assessment Council at the request of the Court without a plausible reason; failing to perform the duties of the Price Assessment Council without a plausible reason;

6. Obstructing a procedure-conducting person to make on-site inspection and appraisal, conduct assessment and/or expertise or verify or collect other evidences in accordance with this Code;

7. Deceiving, bribing, threatening, forcing or using force to prevent a witness from giving testimonies, or compelling others to deceitfully act as a witness;

8. Deceiving, bribing, threatening, forcing, or using force to prevent an expert witness from performing his/her duty, or compelling him/her to make an untruthful conclusion;

9. Deceiving, bribing, threatening, forcing, or using force to prevent an interpreter from performing his/her duty or compelling him/her to give untruthful, biased or wrong interpretation.

Article 490. Handling measures applicable to witnesses who are intentionally not present under courts’ subpoenas

1. In cases where witnesses or the interpreters have been duly summoned by Courts but have deliberately declined to go to Courts or to be present in Court sessions or meeting without plausible reasons and their absence caused obstacles to the collection and/or verification of evidences or the adjudication of cases, they shall face administrative sanction according to law provisions.

2. In cases specified in clause 1 of this Article, the Courts shall be entitled to issue decisions to escort the witness to the Court sessions or meetings, unless the witnesses are minors. Decisions on escorting witnesses must clearly state the time and places of their issuance; the full names and positions of the persons issuing the decisions; the full names, dates of birth and residence places of the witnesses, the time and places for the witnesses to be present.

3. The public security offices having the task to enforce the Court decisions shall be in charge of escorting witnesses. Executors of such decisions must read out and explain them to the to be-escorted persons and make records on the escort.

Article 491. Handling of violations against the internal rules of Court sessions

1. Persons committing violations against the internal rules of Court sessions specified in Article 234 of this Code shall, depending on nature and severity of the violations, face administrative penalties imposed by the presiding Judges according to law provisions.

2. The presiding Judges shall be entitled to make decisions to compel the violators specified in clause 1 of this Article to leave the courtroom. Public security offices having the task to protect Court sessions or persons having the task to protect the order of the Court sessions shall enforce the presiding Judges’ decisions on forcible departures from Court rooms or admistrative custody against persons who cause disturbance in Court sessions.

3. In cases where persons violate the internal rules of Court sessions to such an extent that they must be liable to criminal prosecution, the Courts shall be entitled to institute criminal cases according to regulations on criminal procedures.

4. Provisions of this Article shall be also applicable to persons who commit violations in the Court’s meetings.

Article 492. Actions against acts offending or injuring the solemn and/or prestige of the Court, honor, dignity or health of proceeding officers or other persons carrying out duties at the request of the Court

Any person performing an act offending or injuring the solemn and/or prestige of the Court, honor, dignity or health of proceeding officers or other persons carrying out duties at the request of the Court shall, depending on nature and severity of the violations, be imposed administrative penalties or be liable to criminal prosecution according to law provisions.

Article 493. Actions against the issuance, sending, receiving, delivery or notice of procedural documents of the Court

Any person shall, depending on nature and severity of the violations, be imposed disciplinary penalties, administrative penalties or liable to criminal prosecution according to law provisions if he/she performs any of the following acts:

1. Fail to perform the issuance, sending, delivery or notice of procedural documents of the Court at the request of the Court without plausible reasons;

2. Destroy procedural documents of the Court that the Court assigned them to issue, deliver or notice;

3. Forge the results of the deliver or notice of procedural documents of the Court that are assigned;

4. Preclude the issuance, sending, Receiving, delivery or notice of procedural documents of the Court.

Article 494. Actions against acts preventing representatives of agencies, organizations or individuals from participating in procedures as requested by Courts

Those who threaten, assault, or take advantage of others’ dependence to prevent representatives of agencies, organizations or individuals from attending Court sessions or meetings as summoned by the Courts shall, depending on the nature and severity of their violations, be administratively sanctioned or be liable to criminal prosecution according to law provisions.

Article 495. Actions against acts of failing to executive Court decisions on provisions of documents and evidences to the Court or acts of reporting untruthful information in order to obstruct Court’s settlement of cases

1. Agencies, organizations or individuals that fail to execute the Court decision on provision of documents and evidences they are currently managing or keeping shall be administratively sanctioned in accordance with law.

2. Those who report untruthful information in order to obstruct the Court’s settlement of the case shall, depending on the nature and severity of their violations, be administratively sanctioned, administratively sanctioned or be liable to criminal prosecution in accordance with law.

Article 496. Actions against acts interfering in the settlement of civil cases

Those who use their influence to exert impacts in any form on the Judge or another member of the Trial Panel in order to make the settlement of the case biased or unlawful shall, depending on the nature and severity of their violations, be imposed disciplinary measures, be administratively sanctioned or be liable to criminal prosecution in accordance with law.

Article 497. Responsibilities of the procuracies in cases where the Courts institute criminal cases

1. In cases where the Courts institute criminal cases as stipulated in Clauses 3 and 4 Article 491 of this Code, within 15 days from the day on which the institution decisions are issued, the Courts shall forward to the competent procuracies the institution decisions and materials and evidences substantiating the criminal acts.

2. The procuracies shall be responsible for considering and settling according to provisions of the Criminal Procedure Code.

Article 498. Forms of penalty, competence, order and procedures for imposing penalties

Forms of penalty, competence, order and procedures for imposing administrative penalties on acts that obstruct civil procedure activities shall comply with provisions of the Law on Actions against administrative violations and relevant law provisions.

Chapter XLI. COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEDURES

Article 499. Decisions and acts in civil procedures which may be complained about

1. Agencies, organizations or individuals shall be entitled to complain about procedural decisions or acts of civil proceeding authorities/persons when there are grounds for presuming that such decisions or acts are illegal or infringe upon their legitimate rights and interests.

2. For first-instance, appellate, cassation or reopening judgments/decisions of Courts or other procedural decisions issued by civil proceeding officers, if being appealed against, complained about or petitioned, they shall be settled not according to the provisions of this Chapter but according to the provisions of corresponding chapters of this Code.

Article 500. Rights and obligations of complainants

1. Complainants shall have the following rights:

a) To lodge complaints by themselves or through their lawful representatives;

b) To lodge their complaints at any stage of the resolution of the cases;

c) To withdraw their complaints at any stage of the resolution of the cases;

d) To receive written replies on the acceptance of their complaints; to receive the complaint-resolving decisions;

dd) To have their legitimate rights or interests restored; to receive damages as provided for by law.

2. Complainants shall have the following obligations:

a) To lodge their complaints to the right persons who are competent to settle them;

b) To give truthful presentations of the cases, to supply information and documents to persons handling the complaints; to take responsibility before law for the contents of their presentations and the supply of such information and documents;

c) Not to abuse the right to complain to obstruct the procedural activities of the courts;

d) To abide by decisions and acts of presiding officers that they are complaining about during the complaining period;

dd) To strictly abide by the complaint-resolving decisions which have taken legal effect.

Article 501. Rights and obligations of the complained persons

1. The complained persons shall have the following rights:

a) To acquire knowledge about grounds for complaint of the complainants; to produce evidences of the legality of their procedural decisions or acts which are being complained about;

b) To receive decisions on the resolution of the complaints about their own procedural decisions or acts.

2. The complained persons shall have the following obligations:

a) To explain their procedural decisions or acts being complained about; to provide relevant information or documents when so requested by competent agencies, organizations or individuals;

b) To strictly abide by the decisions on the resolution of the complaints which have taken legal effect;

c) To compensate for damage, to reimburse or address the consequences caused by their illegal procedural decisions or acts as provided for by law.

Article 502. Statute of limitations for lodging complaints

The time limit specified in statute of limitation for lodging a complaint is 15 days as from the date the complainant receives or knows about the procedural decision/act which he/she deems illegal.

In cases where complainants cannot exercise their right to lodge their complaints within the time limit prescribed in this Article because of force majeure events or objective obstacles, the duration in which the force majeure events or objective obstacles exist shall not be counted into the statute of limitations for complaint.

Article 503. Forms of complaint

Complaint petitions must be made in writing. A written complaint petition must clearly state the date; full name and address of the complainant; complaint contents and reasons for the complaint, request of the complainant, signature or fingerprints of the complainant.

Article 504. Competence resolution of complaints against decisions/acts of proceeding officers

1. Complaints against decisions/acts of proceeding officers being Judges, Deputy-Chief Justices, Ombudspersons, Court clerks or People’s Jurors shall be settled by the competent Chief Justices of Courts being in charge of such civil cases.

Complaints against procedural decisions/acts of Chief Justices of Courts shall be settled by the competent Chief Justices of the immediately superior courts.

2. Complaints against decisions/acts of proceeding officers being procurators, inspectors, deputy chairpersons of procuracies shall be settled by the chairpersons of the procuracies.

Complaints against procedural decisions/acts of chairpersons of procuracies shall be settled by competent chairpersons of the immediately superior procuracies.

3. Complaints against the first complaint-resolving decisions of the Chief Justices or the Chairpersons of procuracies provided for in clauses 1 and 2 of this Article shall be settled by the Chief Justices/Chairpersons of the immediately superior courts/procuracies.

Article 505. Time limit for resolution of complaints

Time limit for resolution of first complaints shall be 15 days from the day on which the courts/procuracies received the complaint petitions. If necessary, for complicated cases and matters, time limit for resolution of complaints can be extended by not exceeding 15 days calculated from the day on which the time limit for resolution of complaints expires.

Article 506. Contents of decisions on first complaint resolution

1. Persons who resolve complaints for the first time must issue written decisions on resolution of the complaints. A decision on resolution of a complaint shall include the following information:

a) Date of issuing the decision;

b) Name and address of the complainant and the complained person;

c) Complained matters;

d) Result of the verification of the complained matters;

dd) Legal grounds for resolution of the complaint;

e) Decision on first complaint resolution.

2. First complaint-resolving decisions must be sent to the complainants and relevant individuals, agencies and organizations. If the decisions are issued by the Chief Justices of the courts, they must be sent to procuracies of the same levels.

Article 507. Procedures for second complaint resolution

1. Within 05 working days from the day on which the first complaint-resolving decisions are received, if the complainants disagree with such decisions, they may file complaints with competent persons for second complaint resolution.

2. The complaint petitions must be enclosed with copies of first complaint-resolving decisions and accompanying materials.

A written complaint petition must clearly state the date; full name and address of the complainant; complaint contents and reasons for the complaint; signature or fingerprints of the complainant.

3. A second complaint-resolving decision must include the following information:

a) Information specified in points a, b, c, d and dd clause 1 Article 506 of this Code;

b) Result of the first complaint resolution;

c) Conclusions about specific matters in the complaint petition and the resolution of the second complaint-resolving persons.

4. Second complaint-resolving decisions must be sent to the complainants and relevant individuals, agencies and organizations. If the decisions are issued by the Chief Justices of the courts, they must be sent to procuracies of the same levels.

5. Second complaint-resolving decisions shall be effective.

Article 508. Resolution of complaints against expertise activities in civil procedures

The resolution of complaints against expertise activities in civil procedures shall comply with law regulations on judicial expertise and relevant law provisions.

Article 509. Persons who have right to denounce

Individuals are entitled to denounce to competent agencies, organizations or individuals illegal acts of competent proceeding officers which cause or threaten to cause damage to the State’s interests or legitimate rights and interests of agencies, organizations or individuals.

Article 510. Rights and obligations of denouncers

1. Denouncers shall have the following rights:

a) To file their written denunciations or directly present denunciations to competent agencies, organizations or individuals;

b) To request that their full names, addresses and autographs be kept secret;

c) To request that the results of resolution of their denunciations be notified to them;

d) To request that competent agencies, organizations and individuals protect them when they are threatened, bullied or revenged.

2. Denouncers shall have the following obligations:

a) To honestly present the contents of their denunciations;

b) To clearly state their full names and addresses;

c) To take responsibility before law for untruthful denunciations.

Article 511. Rights and obligations of the denounced persons

1. Denounced persons shall have the following rights:

a) To be notified of the denunciation contents;

b) To produce evidences to prove that the denunciation contents are untrue;

c) To have their legitimate rights and interests that have been infringed upon restored; to have their honor restored; and to enjoy compensation for the damage caused by false denunciations;

d) To request competent agencies, organizations or individuals to handle persons who gave untruthful denunciations.

2. Denounced persons shall have the following obligations:

a) To explain their denounced acts; to provide relevant information and documents when so requested by competent agencies, organizations or individuals;

b) To strictly abide by the handling decisions of competent agencies, organizations or individuals;

c) To pay damages, reimburse or address consequences caused by their illegal civil procedural acts according to law provisions.

Article 512. Competence and time limit for resolution of denunciations

1. Denunciations of illegal acts of persons competent to conduct procedures of any competent agencies shall be settled by the heads of such agencies.

In cases where the denounced persons are courts’ Chief Justices, deputy-Chief Justices, chairpersons or deputy-chairpersons of the procuracies, the Chief Justices of the immediately superior Courts or the chairpersons of the immediately superior procuracies shall have responsibility to settle the cases.

The time limit for resolution of a denunciation shall not exceed 02 months as from the date on which the denunciation is accepted; for complicated cases, the time limit for denunciation resolution may be longer but shall not exceed 03 months.

2. Denunciations of illegal acts which show criminal signs shall be settled according to the provisions of the Criminal Procedure Code.

Article 513. Procedures for denunciation resolution

The procedures for resolution of denunciations shall comply with law regulations on denunciation.

Article 514. Responsibilities of persons competent to settle complaints/denunciations

1. Competent agencies, organizations or individuals shall, within the scope of their tasks and powers, have the responsibility to receive and promptly and properly settle complaints or denunciations; to strictly handle violators; to apply necessary measures to prevent possible damage or losses; to ensure strict execution of settling decisions and have to take legal responsibility for their decisions.

2. Those who are competent to settle complaints or denunciations but fail to settle them, show irresponsibility in settling them or settle them illegally shall, depending on the nature and severity of the violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor according to law provisions.

Article 515. Inspection and supervision of law observation in resolution of complaints and denunciations in civil procedures

The people’s procuracies shall inspect and supervise the law observance in the resolution of complaints and denunciations in civil procedures according to law provisions. The procuracies are entitled to request or recommend the Courts of the same and lower levels, responsible agencies, organizations and individuals to ensure that the settlement of complaints/denunciations is well grounded and lawful.

Chapter XLII. IMPLEMENTARY CLAUSE

Article 516. Amendment to a number of articles of the Labor Code No. 10/2012/QH13

1. Article 52 shall be amended as follows:

“Article 51. Competence to declare a labor contract to be invalid

People’s Courts shall be entitled to declare labor contracts to be invalid.”

2. Articles 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 and 234 Section 5 Chapter XIV of the Labor Code No. 10/2012/QH13 shall be annulled.

Article 517. Effect

1. This Code takes effect from July 01st, 2016, except for the following provisions related to provisions of the Civil Code No. 91/2015/QH13 that take effect from January 01st, 2017:

a) Provisions related to that the Courts must not refuse to resolve civil cases for the reasons that there are no applicable law provisions prescribed in clause 2 Article 4, Articles 43, 44 and 45 of this Code;

b) Provisions pertaining to persons with limited cognition or behavior control;

c) Provisions pertaining to the application of statute of limitations provided for in clause 2 Article 184 and point e clause 1 Article 217 of this Code;

d) Provisions pertaining to legal entities being representatives or guardians.

2. The Civil Procedure Code No. 24/2004/QH11 that has been amended according to the Law No. 65/2011/QH12 shall expire since this Code comes into effect, except for provisions of Article 159 and point h clause 1 Article 192 that shall be effective until the end of December 31st, 2016.

This Code was passed on November 25th, 2015 by the XIIth National Assembly of the Socialist Republic of Vietnam at its 10th Session.