Civil Procedure Code at Vietnam
The Civil Procedure Code of Vietnam regulates the process for resolving civil disputes within the country. It sets out the rules and procedures for litigation, ensuring that civil cases are handled fairly and efficiently. The Civil Procedure Code (CPC) in Vietnam is based on Vietnamese legal traditions and is influenced by civil law systems, particularly those from countries like France and Germany. The most recent amendment to the Civil Procedure Code was made in 2015, with some further amendments made in 2020.
Key Aspects of the Civil Procedure Code of Vietnam:
1. Court Structure and Jurisdiction:
People’s Courts: Vietnam has a three-tiered court system with the People’s Courts as the main judicial body for civil disputes. The structure is:
First Instance Court: Local courts that hear the case initially. These are the most common courts for civil cases.
Appellate Court: The Provincial People’s Courts hear appeals from first-instance judgments.
Supreme People's Court: The highest court in Vietnam, which hears appeals from appellate courts and interprets laws for nationwide consistency.
Jurisdiction: Courts have jurisdiction based on both the territorial location (where the parties are located or where the contract is executed) and the subject matter (some cases are heard in specialized courts, such as family or commercial disputes).
2. Commencement of Civil Action:
Filing a Complaint: A civil action begins with the filing of a complaint or petition with the court. The complaint must include:
The parties involved (plaintiff and defendant),
The facts and legal basis for the claim,
The remedy sought.
Court Fees: When filing a lawsuit, the plaintiff must pay a court fee based on the value of the dispute (e.g., property or damages). This fee is usually a percentage of the value of the claim.
3. Pleadings and Response:
Statement of Claim: The plaintiff submits the statement of claim with their supporting evidence. The claim must be clear, with a detailed description of the facts and legal grounds.
Answer: The defendant must respond by submitting an answer within a specified period (usually within 15-30 days after being served with the claim). The answer must admit or deny the allegations and provide any defense or counterclaims.
Counterclaims: The defendant may also file a counterclaim against the plaintiff, asserting their own legal claim based on the same dispute.
4. Pre-Trial Procedures:
Mediation: Vietnamese law encourages mediation and other forms of alternative dispute resolution (ADR) before the case goes to trial. In some cases, the court may refer parties to court-annexed mediation to resolve disputes amicably.
Pre-Trial Preparation: The court may schedule a pre-trial hearing to set deadlines for the exchange of documents, witness lists, and other procedural matters.
5. Trial Procedure:
Oral Hearing: Trials in Vietnam are primarily conducted through oral hearings, where both parties present their cases, submit evidence, and call witnesses. The judge is responsible for managing the trial process, questioning witnesses, and evaluating the evidence.
Role of the Judge: The judge plays a proactive role in managing the case and can take an active role in investigating facts, questioning parties, and requesting additional evidence.
Trial Process: The trial includes:
Opening Statements from both parties,
Presentation of Evidence and Witness Testimonies,
Closing Statements.
Evidence: Evidence may include documents, physical objects, and witness testimony. The parties are allowed to present their evidence to the court before and during the trial.
No Jury: Like most civil law jurisdictions, Vietnam does not use a jury system. Cases are decided by judges.
6. Judgments:
Issuing Judgment: After hearing the case, the court issues a judgment based on the law and facts presented. The judgment will state the court’s findings of fact, legal reasoning, and the relief granted to the winning party.
Forms of Relief:
Monetary damages (compensation),
Injunctive relief (orders to act or refrain from acting),
Specific performance (enforcing an agreement),
Declaratory judgment (clarifying legal rights and obligations).
Appeal: The losing party may appeal the judgment to a higher court (appellate court) if they believe the trial court made a legal error.
7. Appeals:
Grounds for Appeal: Appeals may be filed if there is a claim of legal error in the trial (e.g., misinterpretation of law, improper application of facts, or procedural errors).
Timeframe: An appeal must be filed within a specified time after the judgment is issued, usually 15 days for civil cases.
Appellate Review: The appellate court reviews the lower court's findings of fact and legal rulings. The appellate court may confirm, reverse, or modify the lower court's judgment.
8. Enforcement of Judgments:
Execution of Judgment: After a judgment is rendered, the winning party may request enforcement of the judgment if the losing party does not comply voluntarily.
Methods of Enforcement: Methods for enforcing judgments include:
Seizure of property,
Garnishment of wages or bank accounts,
Forced sale of assets.
Enforcement through Court Officers: The court has enforcement officers who are responsible for carrying out enforcement orders.
9. Costs and Fees:
Court Fees: The filing party must pay court fees when submitting a claim. The fee is generally calculated based on the value of the claim.
Attorney Fees: Each party usually bears its own attorney fees, although the court may order the losing party to pay the winning party's legal costs in some cases.
Other Costs: Costs may include expert fees, administrative costs, and other expenses incurred during the litigation process.
10. Alternative Dispute Resolution (ADR):
Mediation: Before or during litigation, parties are encouraged to resolve disputes through mediation, and courts may require mediation in certain cases.
Arbitration: Arbitration is also an available method of dispute resolution in Vietnam. Commercial arbitration is governed by the Law on Commercial Arbitration.
Settlement: The parties are encouraged to settle their disputes at any point during the litigation process, and courts may facilitate settlement discussions.
11. Small Claims Procedure:
Vietnam provides a simplified process for resolving small claims, especially those involving minor amounts of money. This process is meant to allow people to resolve disputes more efficiently and at a lower cost.
Conclusion:
The Civil Procedure Code of Vietnam provides a detailed framework for civil litigation, focusing on fairness and efficiency. It is structured to allow parties to resolve disputes through a combination of formal court procedures and alternative dispute resolution methods like mediation. The process includes filing complaints, pre-trial procedures, trial hearings, appeals, and the enforcement of judgments. While the judge plays an active role in the litigation, the system encourages settlement and mediation to resolve conflicts early on.
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