The Civil Procedure Code 2015 stipulates the order and procedures according to Vietnamese law, including documents for initiating a civil case, jurisdiction of the Court, first-instance and appellate procedures, etc. So about the matter “Rights and obligations of involved parties in proceedings in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Procedure Code 2015
Who are the involved parties in a civil case?
Litigants in civil cases include:
Plaintiff:
A person who initiates a lawsuit or is initiated by another agency, organization or individual as prescribed by the Civil Procedure Code 2015 to request the Court to settle a civil case when deeming that the lawful rights and interests of that person is violated.
Agencies and organizations prescribed by the Civil Procedure Code 2015 initiate civil lawsuits to request the Court to protect public interests and the interests of the State in their fields of responsibility.
Defendant is a person being sued by the plaintiff or being sued by another agency, organization or individual prescribed by this Code in order to request the Court to settle the civil case when he thinks that the legitimate rights and interests of the plaintiff are the defendant was infringed upon.
Person with related interests and obligations is a person who, although not suing or being sued, but the settlement of a civil case is related to their interests and obligations, so they may propose themselves or the involved parties, other persons request and are accepted by the Court to include them in the proceedings as persons with related interests and obligations.
Rights and obligations of involved parties in proceedings in Vietnam
Article 70 of the 2015 Civil Procedure Code provides for the rights and obligations of involved parties as follows:
Respect the Court, strictly abide by the rules of the court hearing.
To pay court cost advances, court fee advances, court costs, fees and other procedural expenses as prescribed by law.
Provide complete and accurate address of his/her place of residence and head office; During the course of the Court’s settlement of the case, if there is a change in the address of the place of residence or head office, it must promptly notify the other involved parties and the Court.
Maintain, change, supplement or withdraw the request in accordance with this Code.
Provide documents and evidences; evidence to protect their legitimate rights and interests.
To request agencies, organizations and individuals that are keeping and managing documents and evidences to provide such documents and evidences to them.
To request the Court to verify and collect documents and evidences of the case that cannot be done by themselves; request the Court to request other involved parties to present documents and evidences they are keeping; request the Court to issue a decision to request agencies, organizations and individuals that are keeping and managing documents and evidences to supply such documents and evidences; request the Court to summon witnesses, solicit expertise, and decide on asset valuation.
It is known, to take notes, to copy documents and evidences presented by other involved parties or collected by the Court, except for documents and evidences specified in Clause 2, Article 109 of this Code.
To be obliged to send other involved parties or their lawful representatives copies of the lawsuit petitions and documents and evidences, except documents and evidences that other involved parties already have, documents and evidences specified in Clause 1 of this Article. 2 Article 109 of this Code. In case they cannot copy or send lawsuit petitions, documents and evidences for legitimate reasons, they have the right to ask the Court for support.
Request the Court to decide to apply, change or cancel provisional urgent measures.
To reach agreement among themselves on the settlement of the case; participate in mediation conducted by the Court.
Receive valid notices to exercise your rights and obligations.
Protect yourself or ask others to protect your legitimate rights and interests.
To request the change of procedure-conducting persons and procedure participants in accordance with this Code.
Participating in court sessions and meetings in accordance with this Code.
Must be present under the Court’s summons and obey the Court’s decisions during the Court’s settlement of the case.
Request the Court to bring people with related interests and obligations to participate in the proceedings.
Request the Court to temporarily suspend the settlement of the case in accordance with this Code.
Raise questions to others about matters related to the case or suggest to the Court things to ask others; be confronted with each other or with witnesses.
Arguing in court, making arguments about the assessment of evidence and applicable law.
To be granted extracts of court judgments, judgments and decisions.
To appeal and complain about court judgments and decisions in accordance with this Code.
To request competent persons to protest according to cassation or reopening procedures against legally effective court judgments or decisions.
Strictly abide by the legally effective judgments and decisions of the Court.
Use the rights of the involved parties in good faith, not to abuse them to obstruct the proceedings of the Court or other involved parties; if they fail to perform their obligations, they must bear the consequences prescribed by this Code.
Other rights and obligations prescribed by law.
- Rights and obligations of the plaintiff
Plaintiffs have rights and obligations, including:
The rights and obligations of the involved parties are specified in Article 70 of this Code.
Change the content of the petition; withdraw part or all of the lawsuit claim.
Accept or reject part or all of the counterclaim of the defendant, persons with related interests and obligations who have independent claims.
- Rights and obligations of the defendant
The rights and obligations of the defendant are specifically listed in Article 72 of the 2015 Civil Procedure Code as follows:
The rights and obligations of the involved parties are specified in Article 70 of this Code.
To be notified by the Court of being sued.
Accept or reject part or all of the claim of the plaintiff, the person with related interests and obligations has an independent claim.
Make a counterclaim against the plaintiff, if relevant to the claimant’s claim or a claim against the plaintiff’s obligations. For counter-claims, the defendants have the rights and obligations of the plaintiffs specified in Article 71 of this Code.
Make an independent claim against the person with related interests and obligations and this independent claim is related to the settlement of the case. For independent claims, the defendant has the rights and obligations of the plaintiff specified in Article 71 of this Code.
If the counterclaim or independent claim is not accepted by the Court for settlement in the same case, the defendant has the right to initiate another lawsuit.
- Rights and obligations of persons with related interests and obligations
Persons with related interests and obligations have the following rights and obligations:
Rights and obligations specified in Article 70 of this Code;
There may be an independent claim or participation in the proceedings with the plaintiff or with the respondent.
Persons with related interests and obligations who have independent claims and these independent claims are related to the settlement of the case shall have the rights and obligations of the plaintiff specified in Article 71 of this Code. If the independent claim is not accepted by the court for settlement in the same case, the person with related interests and obligations may initiate another lawsuit.
If a person with related interests and obligations participates in the proceedings with the plaintiff or only has interests, he/she has the rights and obligations of the plaintiff specified in Article 71 of this Code.
If a person with related interests and obligations participates in the proceedings with the defendant or only has obligations, he/she has the rights and obligations of the defendant specified in Article 72 of this Code.
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Frequently asked questions
For civil matters, the involved parties include: The person requesting the settlement of the civil matter and the person with related rights and obligations.
The litigant in the administrative case include:
– Petitioner means an agency, organization or individual that initiates an administrative lawsuit against an administrative decision, an administrative act, a disciplinary decision on dismissal, or a decision on settlement of a complaint about a handling decision. competition cases, decisions on settlement of complaints in state audit activities; the list of voters to elect deputies to the National Assembly, the list of voters to elect deputies to the People’s Council, and the list of referendum voters.
The defendant is an agency, organization or individual that has issued an administrative decision, an administrative act, a disciplinary decision on dismissal, a decision on settlement of a complaint about a decision on handling of a competition case, a decision on settlement of complaints in state audit activities, the list of voters being sued.
Persons with related interests and obligations are agencies, organizations and individuals who do not initiate lawsuits or be sued, but the settlement of administrative cases is related to their interests and obligations, so they voluntarily proposed by himself or another involved party and accepted by the Court or brought in by the Court to participate in the proceedings as a person with related interests and obligations.
The litigant in a criminal case include:
Civil plaintiff is an individual, agency or organization that suffers damage caused by a crime and has a written request for compensation.
A civil defendant is an individual, agency or organization that is required by law to be responsible for compensation for damage.
Persons with interests and obligations related to criminal cases are individuals, agencies and organizations with interests and obligations related to criminal cases.
Note: The involved parties in a criminal case are the subjects that are not required to be present in the criminal case, the litigants in the criminal case also have other subjects such as: the defendant, the victim, etc.
Conclusion: So the above is Rights and obligations of involved parties in proceedings in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
