Procedures for Resolution of Civil Matters Under the Civil Proceeding Code 2015

2021-04-27

A civil matter means an issue over which an agency, organization or individual does not have any dispute but petitions a Court to acknowledge or not to acknowledge an event as a basis for establishment of civil, marriage and family, business, commercial or labour rights or obligations of such entity or of another agency, organization or individual; or petitions a Court to acknowledge that they has civil, marriage and family, business, commercial or labour rights[1]. For example: Petitions for recognition of divorce by consent, or an agreement on raising of children and distribution of property upon divorce; petitions for an order to search for a person who is absent from his or her place of residence and for management of the property of such person; petitions for recognition of a successful settlement outside court; petitions for revocation of a resolution of the general meeting of shareholders or a resolution of the members’ council in accordance with the law on enterprises; petitions for declaration that a labour contract or collective labour agreement is null and void, etc.

Upon their petition to a Court for a civil matter resolution, agency, organization or individuals shall comply with procedures for resolution of civil matters under the Civil Proceeding Code 2015. More specifically, agency, organization or individual shall has the right to petition the competent Court to resolve a civil matter by itself, himself or herself or by its, his or her legal representative. A person petitioning a Court to resolve a civil matter must lodge an application with the Court which shall contain the following main items: The date of the application; the name of the Court with jurisdiction to resolve the civil matter; the name and address; telephone number, facsimile and email address (if any) of the applicant; specific issues which the Court is petitioned to resolve and reasons, purposes and grounds for requesting the Court to resolve such civil matter; the names and addresses of persons related to the resolution of such civil matter (if any); other information which the applicant considers necessary for resolution of his or her claim; etc. In case of the acceptance of the application for a civil matter resolution, under the procedures for resolution of civil matters under the Civil Proceeding Code 2015, the Court shall give notification in writing that it has accepted the application to the applicant, persons with rights and obligations relating to the resolution of the civil matter and the inspectorate of the same jurisdiction within a time-limit of three working days from the date of acceptance of such an application[2]. Thereon, the period of the Court’s preparation for consideration of an application is 1 month and such period may be extended but [such extension] not to exceed 1 month. After the aforementioned period, the Court shall hold a meeting to resolve the civil matter. Under the procedures for resolution of civil matters under the Civil Proceeding Code 2015, the participants in the aforementioned meeting comprise: the participants in the meeting comprise: A prosecutor of the procuracy of the same jurisdiction; the applicant or his or her legal representative and the person protecting his or her lawful rights and interests; persons with related rights and obligations or their legal representatives and persons protecting their rights and interests shall be summoned by the Court to participate at the meeting. Where necessary, the Court may summons any witness, expert or interpreter to take part in the meeting. The absence of such entity shall be resolved by the Court under the Civil Proceeding Code 2015[3].

As per the procedures for resolution of civil matters under the Civil Proceeding Code 2015, civil, marriage and family, business, commercial, labour petitions shall be dealt with by one judge or a panel comprising three judges subject to each case. Especially, composition of Councils of Adjudicators resolving petitions relating to the resolution of a dispute by Vietnam Commercial Arbitration in accordance with the law on commercial arbitration (For example: petitions for appointment of arbitrators or replacement of arbitrators; petitions for granting, amending or revoking preliminary injunctive relief; petition for revocation of arbitral awards, etc.) shall be subject to the provisions of the law on commercial arbitration[4]. Besides, of note, as per the procedures for resolution of civil matters under the Civil Proceeding Code 2015, the limitation period for lodging a petition for resolution of a civil matter is subject to the provisions of the Civil Code. For example, for petitions for declaration of a decision declaring that a person is missing, under Article 68 of the Civil Code 2015, when a person has disappeared for two consecutive years or longer and there is no reliable information on whether such person is still alive or dead even though notification and search measures have been fully applied in accordance with the civil procedure law, a person with related rights or interests shall have the right to petition the Court to declare such person is missing[5].

Above is an overview of procedures for resolution of civil matters under the Civil Proceeding Code 2015. If you have trouble with legal issues regarding of procedures for resolution of civil matters under the Civil Proceeding Code 2015, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.