CIVIL PROCEEDINGS CODE

Law 92 dated 25 November 2015

TABLE OF CONTENTS
PART I...............................................................................................................................................................................1

GENERAL PROVISIONS...............................................................................................................................................1
CHAPTER I...................................................................................................................................................................1
DUTIES AND EFFECTIVENESS OF THE CIVIL PROCEEDINGS CODE.................................................................................1
Article 1 Governing scope and duties of the Code on Civil Proceedings 1
Article 2 Applicability and effectiveness of the Code on Civil Proceedings 1
CHAPTER II.................................................................................................................................................................2
BASIC PRINCIPLES..........................................................................................................................................................2
Article 3 Compliance with law in civil proceedings 2
Article 4 Right to petition the Court to protect lawful rights and interests 2
Article 5 Right of concerned parties to decide and to dispose 2
Article 6 Providing evidence and proof in civil proceedings 2
Article 7 Responsibility of competent organizations, agencies and individuals to provide data and evidence 3
Article 8 Equal rights and obligations in civil proceedings 3
Article 9 Ensuring rights of concerned parties to protect their lawful rights and interests 3
Article 10 Conciliation in civil proceedings 3
Article 11 People's jurors participating in trials of civil cases 3
Article 12 Judges and people's jurors conducting trials of civil cases or judges resolving civil matters are independent and
subject only to law 4
Article 13 Responsibilities of agencies and persons conducting proceedings 4
Article 14 Court to act collectively when hearing cases 4
Article 15 Prompt, fair and open hearing by courts 4
Article 16 Ensuring impartiality and objectiveness in civil proceedings 5
Article 17 Ensuring the first instance and appeal hearing regime 5
Article 18 Supervising adjudicatory role 5
Article 19 Ensuring validity of judgments and decisions of Courts 5
Article 20 Spoken and written language used in civil proceedings 6
Article 21 Supervision of the observance of law in civil proceedings 6
Article 22 Responsibility of Courts to serve data and papers 6
Article 23 Participation of agencies, organizations and individuals in civil proceedings 6
Article 24 Ensuring argument in hearings 6
Article 25 Ensuring the right to lodge complaints and denunciations in relation to civil proceedings 7
CHAPTER III................................................................................................................................................................7
JURISDICTION OF THE COURT.........................................................................................................................................7
SECTION 1 7
Civil affairs Which Fall under the Jurisdiction of the Court 7
Article 26 Civil disputes which fall under the jurisdiction of the Court7
Article 27 Civil petitions which fall under the jurisdiction of the court 8
Article 28 Marriage and family disputes which fall under the jurisdiction of the Court 8
Article 29 Petitions relating to marriage and family which fall under the jurisdiction of the Court 9
Article 30 Business or commercial disputes which fall under the jurisdiction of the Court 10
Article 31 Petitions relating to business or commerce which fall under the jurisdiction of the Court 10
Article 32 Labour disputes which fall under the jurisdiction of the Court 10
Article 33 Labour petitions which fall under the jurisdiction of the Court 11
Article 34 Jurisdiction of Courts in respect of specific decisions of agencies and organizations 12
SECTION 2 12
Jurisdiction of Courts at All Levels 12
Article 35 Jurisdiction of district people's Courts 12
Article 36 Jurisdiction of specialized Courts of district people's Courts 13
Article 37 Jurisdiction of provincial people's Courts 13
Article 38 Jurisdiction of specialized courts of provincial people's Courts 13

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 Article 39 Jurisdiction of Courts by territories 14
Article 40 Jurisdictions of Courts as selected by the plaintiff or petitioner 17
Article 41 Transfer of civil affairs to another court; resolution of disputes about jurisdiction 18
Article 42 Merger or division of cases 19
SECTION 3 19
Resolution of Civil Affairs in Cases Where There is No Law for Application 19
Article 43 Principle of determination of jurisdiction of Court in cases where there is no law for application 19
Article 44 Sequence and procedures for acceptance and resolution of civil affairs in cases where there is no law for
application 19
Article 45 Principle of resolution of civil affairs in cases where there is no law for application 19
CHAPTER IV..............................................................................................................................................................20
AGENCIES CONDUCTING PROCEEDINGS, PERSONS CONDUCTING PROCEEDINGS AND REPLACEMENT OF PERSONS
CONDUCTING PROCEEDINGS........................................................................................................................................20
Article 46 Agencies conducting proceedings and persons conducting proceedings 20
Article 47 Duties and powers of chief justices 20
Article 48 Duties and powers of judges 21
Article 49 Duties and powers of people's jurors 22
Article 50 Duties and powers of verifiers 22
Article 51 Duties and powers of court clerks 23
Article 52 Circumstances in which persons conducting proceedings must decline from participating in a trial or be
replaced 23
Article 53 Replacement of judges and people's jurors 23
Article 54 Replacement of court clerks and verifiers 23
Article 55 Procedure for refusal to conduct proceedings or request for replacement of judges, people's jurors, verifiers and
court clerks 24
Article 56 Decisions to replace judges, people's jurors, verifiers and court clerks 24
Article 57 Duties and powers of chief prosecutors of procuracies 24
Article 58 Duties and powers of prosecutors 25
Article 59 Duties and powers of controllers 26
Article 60 Replacement of prosecutors and controllers 26
Article 61 Procedure for refusal to conduct proceedings or request to replace prosecutors and controllers 26
Article 62 Decisions to replace prosecutors and controllers 26
CHAPTER V...............................................................................................................................................................27
COMPOSITION [OF COUNCIL OF ADJUDICATORS] RESOLVING CIVIL AFFAIRS.............................................................27
Article 63 Council of Adjudicators with first instance jurisdiction for civil cases 27
Article 64 Council of Adjudicators with appellate jurisdiction for civil cases 27
Article 65 Hearing of civil cases in accordance with summary procedures 27
Article 66 Council of Adjudicators for a judicial review or a retrial for civil cases 27
Article 67 Composition [of Council of Adjudicators] resolving civil matters 28
CHAPTER VI..............................................................................................................................................................28
PERSONS PARTICIPATING IN PROCEEDINGS..................................................................................................................28
SECTION 1 28
Parties in Civil Affairs 28
Article 68 Parties in civil affairs 28
Article 69 Legal capacity for civil proceedings and capacity for acts in civil proceedings of litigants 29
Article 70 Rights and obligations of litigants 30
Article 71 Rights and obligations of plaintiffs 31
Article 72 Rights and obligations of defendants 31
Article 73 Rights and obligations of persons with related rights and obligations 32
Article 74 Bequeathing rights and obligations to litigate 32
SECTION 2 33
Other Parties to Litigation 33
Article 75 Person protecting the lawful rights and interests of litigants33
Article 76 Persons protecting the lawful rights and obligations of litigants are entitled and obliged: 34
Article 77 Witnesses 35
Article 78 Witnesses are entitled and obliged: 35
Article 79 Experts 35
Article 80 Rights and obligations of experts 35

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 Article 81 Interpreters 36
Article 82 Rights and obligations of interpreters 36
Article 83 Procedures for refusal to examine or interpret or request to replace experts or interpreters 37
Article 84 Decisions to replace experts or interpreters 37
Article 85 Representatives 37
Article 86 Rights and obligations of representatives 38
Article 87 Persons not permitted to act as a representative 38
Article 88 Appointment of representatives in civil proceedings 38
Article 89 Termination of representation in civil proceedings 39
Article 90 Effects of termination of representation in civil proceedings 39
CHAPTER VII.............................................................................................................................................................39
SUBSTANTIATION/AUTHENTICATION AND EVIDENCE...................................................................................................39
Article 91 Obligation to substantiate 39
Article 92 Facts and events not required to be proven 40
Article 93 Evidence 40
Article 94 Sources of evidence 40
Article 95 Identifying what is evidence 41
Article 96 Delivery of data and evidence 42
Article 97 Verification and collection of evidence 42
Article 98 Taking a statement of evidence from the concerned parties 44
Article 99 Taking testimonies of witnesses 44
Article 100 Cross-examination [literally confrontation] 44
Article 101 On-the-spot inspection and evaluation 45
Article 102 Seeking or requesting the opinion of an expert 45
Article 103 Seeking the opinion of an expert on evidence which is denounced as false evidence 46
Article 104 Valuation of assets and evaluation of prices of assets 46
Article 105 Delegation [of power] to adduce evidence 47
Article 106 Requesting agencies, organizations and individuals [entities] to provide data and evidence 47
Article 107 Preservation of data and evidence 48
Article 108 Evaluation of evidence 49
Article 109 Disclosing and using data and evidence 49
Article 110 Protecting evidence 49
CHAPTER VIII...........................................................................................................................................................49
PRELIMINARY INJUNCTIVE RELIEF...............................................................................................................................49
Article 111 Right to petition for the application of preliminary injunctive relief 49
Article 112 Powers to decide on the application, change or cancellation of preliminary injunctive relief 50
Article 113 Responsibilities for applying improper preliminary injunctive relief 50
Article 114 Preliminary injunctive relief [shall consist of] 50
Article 115 Assigning individuals or organizations to look after, nurture, take care of and educate minors, persons losing
the capacity for civil acts or persons having difficulty in perceiving or controlling their own acts 51
Article 116 Compelling performance in advance of part of the obligation to support 51
Article 117 Compelling performance in advance of part of the obligation to pay compensation for loss and damage caused
by harm to health or life 52
Article 118 Compelling an employer to pay in advance salaries, health insurance proceeds, social insurance proceeds,
unemployment insurance proceeds, expenses for medical treatment [of employees] suffering a work-related
accident or occupational disease, compensation or subsidies for labour-related accidents or occupational
disease suffered by the employees 52
Article 119 Temporarily suspending implementation of a decision on unilateral termination of a labour contract or a
decision dismissing an employee 52
Article 120 Attaching property in dispute 52
Article 121 Prohibiting transfers of property rights with respect to property in dispute 52
Article 122 Prohibiting changes in the status quo of property in dispute 52
Article 123 Permitting the harvest and sale of subsidiary food crops or other products or commodities 53
Article 124 Freezing accounts at banks, other credit institutions and the State Treasury 53
Article 125 Freezing property at places of bailment 53
Article 126 Freezing property of obligors 53
Article 127 Prohibiting or compelling performance of certain acts 53
Article 128 Prohibiting an obligor from exiting from Vietnam 53
Article 129 Prohibiting contact with a victim of family violence 53

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 Article 130 Temporarily suspending tender closing and tendering-related activities 53
Article 131 Arresting an aircraft or a seagoing ship to secure [as security for] resolution of the case 54
Article 132 Other preliminary injunctive relief 54
Article 133 Proceedings for application of preliminary injunctive relief 54
Article 134 Petitions for preliminary injunctive relief by agencies, organizations or individuals [entities] who initiate a
legal action to protect public interests, interests of the State and lawful rights and interests of others
55
Article 135 Courts may on their own initiative issue decisions granting preliminary injunctive relief 56
Article 136 Compulsory provision of security 56
Article 137 Changing or granting additional preliminary injunctive relief 56
Article 138 Cancellation of preliminary injunctive relief 56
Article 139 Effect of decisions to grant, change or cancel preliminary injunctive relief measures 57
Article 140 Complaints or petitions against decisions to grant, change or cancel or refuse to grant, change or cancel
preliminary injunctive relief 57
Article 141 Resolving complaints and petitions against decisions to grant, change or cancel or refuse to grant, change or
cancel preliminary injunctive relief 57
Article 142 Executing decisions to grant, change or cancel preliminary injunctive relief 58
CHAPTER IX..............................................................................................................................................................58
COURT FEES, CHARGES AND OTHER JUDICIAL EXPENSES..........................................................................................58
SECTION 1 58
Court Fees and Charges 58
Article 143 Court fee deposits, charge deposits, court fees and charges 58
Article 144 Dealing with court fee deposits, charge deposits and paid court fees and charges 58
Article 145 Regime of collection and payment of court fee deposits, charge deposits, court fees and charges 59
Article 146 Obligation to pay court fee deposits and charge deposits 59
Article 147 Obligation to bear court fees for first instance hearings 59
Article 148 Obligation to bear court fees for appeal hearings 59
Article 149 Obligation to bear charges 60
Article 150 Specific provisions on court fees and charges 60
SECTION 2 60
Other Expenses of Proceedings 60
Article 151 Deposits for expenses of overseas judicial authorization and actual expenses of overseas judicial authorization
60
Article 152 Obligation to pay deposits for expenses of overseas judicial authorization 60
Article 153 Obligation to bear expenses of overseas judicial authorization 61
Article 154 Dealing with deposits for expenses of overseas judicial authorization 61
Article 155 Deposits for expenses of on-the-spot inspection and evaluation and expenses of on-the-spot inspection and
evaluation 61
Article 156 Obligation to pay deposits for expenses of on-the-spot inspection and valuation 62
Article 157 Obligation to bear expenses of on-the-spot inspection and valuation 62
Article 158 Dealing with paid deposits for expenses of on-the-spot inspection and valuation 62
Article 159 Deposit for expenses of examination and expenses of examination 63
Article 160 Obligation to pay deposits for expenses of examination 63
Article 161 Obligation to pay expenses of examination 63
Article 162 Dealing with paid deposits for expenses of examination 64
Article 163 Deposits for expenses of valuation of assets and expenses of valuation of assets 64
Article 164 Obligation to pay deposits for expenses of valuation of assets 64
Article 165 Obligation to pay expenses of valuation of assets or evaluation of prices 64
Article 166 Dealing with paid deposits for expenses of valuation of assets 65
Article 167 Expenses for witnesses 65
Article 168 Expenses for interpreters and lawyers 66
Article 169 Specific provisions on other expenses for proceedings 66
CHAPTER X...............................................................................................................................................................66
ISSUANCE, SERVICE AND NOTIFICATION OF LEGAL PROCESS......................................................................................66
Article 170 Obligation to issue, serve or notify legal process 66
Article 171 Legal process to be issued, served or notified 66
Article 172 Persons carrying out the issuance, service and notification of legal process 66
Article 173 Methods of issuing, serving and notifying legal process 67

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 Article 174 Legality of the issuance, service and notification of legal process 67
Article 175 Procedures for issuance, service or notification of legal process 67
Article 176 Procedures for issuance, service or notification by electronic means 68
Article 177 Procedures for issuance, service or direct notification to individuals 68
Article 178 Procedures for direct issuance, service or notification to agencies and organizations 69
Article 179 Procedures for public display 69
Article 180 Procedures for notification on mass media 69
Article 181 Notification of results of issuance, service or notification of legal process 70
CHAPTER XI..............................................................................................................................................................70
TIME-LIMITS FOR PROCEEDINGS..................................................................................................................................70
Article 182 Time-limits for proceedings70
Article 183 Application of the provisions of the Civil Code in relation to time-limits 70
Article 184 Time-limits for initiation of a legal action and time-limits for lodgement of a petition for resolution of civil
matters 70
Article 185 Application of the provisions of the Civil Code in relation to limitation periods 70

PART II............................................................................................................................................................................71

RESOLUTION PROCEDURES FOR CASES AT THE COURT OF FIRST INSTANCE....................................71

CHAPTER XII............................................................................................................................................................71
INITIATION OF LEGAL ACTIONS AND ACCEPTANCE OF JURISDICTION BY THE COURT.................................................71
Article 186 Right to initiate a legal proceeding 71
Article 187 Right to initiate a civil proceeding to protect the lawful rights and interests of another person, public interests
and interests of the State 71
Article 188 Scope of initiation of a legal proceeding 71
Article 189 Form and contents of application for initiation of a legal proceeding 72
Article 190 Lodgement of applications for initiation of a legal action with the Court 73
Article 191 Procedures for receipt and dealing with applications for initiation of a legal action 74
Article 192 Returning applications for initiation of a legal action and legal effect of the return of applications for initiation
of a legal action 74
Article 193 Request for amendments and additions to an application for initiation of a legal action 76
Article 194 Complaints and petitions and resolution of complaints and petitions regarding the return of [non-acceptance
of jurisdiction over] an application for initiation of legal action 76
Article 195 Acceptance of jurisdiction over a case77
Article 196 Notification of acceptance of a case 77
Article 197 Assignment of a judge to resolve a case 78
Article 198 Duties and powers of a judge upon preparation of case files 79
Article 199 Rights and obligations of defendants and persons with related rights and obligations upon receipt of
notification 79
Article 200 Right of defendants to counter-claim 79
Article 201 Right of persons with related rights and obligations to make an independent claim 79
Article 202 Procedures for counter-claims and independent claims 80
CHAPTER XIII...........................................................................................................................................................80
CONCILIATION AND PREPARATION FOR TRIAL.............................................................................................................80
Article 203 Time-limit of preparation for trial 80
Article 204 Preparation of civil case files 81
Article 205 Principles of conciliation 81
Article 206 Civil cases in which conciliation is not allowed 82
Article 207 Civil cases in which conciliation is unable to be carried out 82
Article 208 Notification of a meeting to check the delivery, access and disclosure of evidence and to carry out conciliation
82
Article 209 Composition of a meeting to check the delivery, access and disclosure of evidence and to carry out
conciliation 82
Article 210 Sequence of a meeting to check the delivery, access and disclosure of evidence and for conciliation
83
Article 211 Minutes of the meeting to check the delivery, access and disclosure of evidence and carry out conciliation
84
Article 212 Issuing a decision acknowledging the settlement of the parties 85

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 Article 213 Legal effect of the decision acknowledging the agreement of the concerned parties 85
Article 214 Temporary suspension of a civil case 86
Article 215 Legal effect of the temporary suspension of a civil case 86
Article 216 Decision on resumption of the resolution of a civil case 87
Article 217 Suspension of civil cases 87
Article 218 Legal effect of the suspension of a civil case 89
Article 219 Powers to issue decisions to temporarily suspend, resume or suspend civil cases 89
Article 220 Decision bringing the case to a hearing 89
Article 221 Discovery and petition for amendment, addition or revocation of legal instruments 90
CHAPTER XIV...........................................................................................................................................................91
COURT OF FIRST INSTANCE..........................................................................................................................................91
SECTION 1 91
General Provisions on Court of First Instance 91
Article 222 General requirements for first instance hearings 91
Article 223 Location of the trial 91
Article 224 Layout of courtrooms 91
Article 225 Direct and oral hearing 91
Article 226 Replacement of members of the Council of Adjudicators in special cases 92
Article 227 Presence of litigants, representatives and persons protecting the lawful rights and interests of litigants
92
Article 228 Hearing in absence of concerned parties or persons protecting their rights and interests at the trial 93
Article 229 Presence of witnesses 93
Article 230 Presence of experts 93
Article 231 Presence of interpreters 93
Article 232 Presence of prosecutors 94
Article 233 Period of adjournment of a trial and decisions to adjourn a trial 94
Article 234 Internal rules of a trial 94
Article 235 Procedures for rendering judgements and decisions of the Court in a trial 95
Article 236 Trial transcript 96
Article 237 Preparation for opening of a trial 96
Article 238 Procedures for hearing in the absence of all persons participating in the proceedings 96
SECTION 2 97
Proceedings for Commencement of a Trial 97
Article 239 Opening of a trial 97
Article 240 Resolution of requests to replace persons conducting the proceedings, experts or interpreters 97
Article 241 Consideration and decision adjourning a trial upon absence of persons 98
Article 242 Guarantee of the objectiveness of witnesses 98
Article 243 Questioning concerned parties about change, supplement or withdrawal of claims 98
Article 244 Consideration of change, supplement and withdrawal of claims 98
Article 245 Change in litigation status 98
Article 246 Acknowledging the agreement of concerned parties 99
SECTION 3 99
Argument at a Trial 99
Article 247 Content and method of argument at a trial 99
Article 248 Presentation of concerned parties and persons protecting the lawful rights and interests of the concerned
parties 99
Article 249 Order for and principles on questioning at the trial 100
Article 250 Questioning plaintiffs 100
Article 251 Questioning defendants 100
Article 252 Questioning persons with related rights and obligations 101
Article 253 Questioning witnesses 101
Article 254 Disclosing data and evidence of a case 102
Article 255 Hearing audio-tapes and discs and watching video tapes and discs and other equipment containing sound or
photographs 102
Article 256 Examination of physical evidence 102
Article 257 Questioning experts 102
Article 258 Completion of the questioning session at the trial 103
Article 259 Temporary cessation of a trial 103

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 Article 260 Order for presenting views upon argument 103
Article 261 Presenting views upon argument and responses 104
Article 262 Presenting views of prosecutors 104
Article 263 Resuming the questioning and argument 104
SECTION 4 105
Deliberation and Pronouncement of Judgement 105
Article 264 Deliberation 105
Article 265 Resuming the questioning and argument 105
Article 266 First instance judgements 105
Article 267 Pronouncement of judgement 106
Article 268 Amendments of and additions to a judgment 106
Article 269 Provision of excerpts of judgements and judgements; delivering and forwarding judgements 107

PART III........................................................................................................................................................................107

RESOLUTION PROCEDURES FOR CASES AT THE APPELLATE COURT..................................................107

CHAPTER XV..........................................................................................................................................................107
NATURE OF APPEAL HEARINGS AND APPEALS AND PROTESTS AGAINST JUDGEMENTS OR DECISIONS OF THE COURT
OF FIRST INSTANCE....................................................................................................................................................107
Article 270 Nature of appeal hearing 107
Article 271 Persons having the right to appeal 108
Article 272 Applications for appeal 108
Article 273 Time-limit for lodging an appeal 109
Article 274 Verification of appeal applications 110
Article 275 Out-of-time appeals and consideration of out-of-time appeals 110
Article 276 Notices of payment of a court fee deposit for an appeal hearing 110
Article 277 Notice of appeal 111
Article 278 Protest of the procuracy [decision to appeal] 111
Article 279 Protest decision [decision to appeal] of the procuracy 111
Article 280 Time-limit for lodging a protest 112
Article 281 Notice of protest 112
Article 282 Effects of an appeal or protest 112
Article 283 Forwarding case files and appeals or protests 112
Article 284 Change or addition or withdrawal of an appeal or protest 113
CHAPTER XVI.........................................................................................................................................................113
PREPARATION FOR AN APPEAL HEARING...................................................................................................................113
Article 285 Acceptance of a case for appeal hearing 113
Article 286 Time-limit of preparation for an appeal hearing 114
Article 287 Provision of data and evidence in the period of preparation for an appeal hearing 114
Article 288 Temporary suspension of the appeal hearing of a case 114
Article 289 Suspension of the appeal hearing of a case 115
Article 290 Decision to bring a case to an appeal hearing 115
Article 291 Decision to apply, change or cancel preliminary injunctive relief 115
Article 292 Forwarding the case file to the procuracy for study 116
CHAPTER XVII........................................................................................................................................................116
APPEAL HEARING PROCEDURES................................................................................................................................116
SECTION 1 116
Procedures for Commencing an Appeal Hearing 116
Article 293 Scope of an appeal hearing 116
Article 294 Participants in an appeal hearing 116
Article 295 Temporary suspension or suspension of an appeal hearing at trial 116
Article 296 Adjournment of an appeal hearing 116
Article 297 Preparation for opening of an appeal hearing and procedures for commencing an appeal hearing 117
Article 298 Questioning about the appeal or protest and dealing with change of an appeal or protest at the hearing
117
Article 299 Plaintiff withdrawing application for a legal action prior to the commencement of the hearing or at the appeal
hearing 117
Article 300 Acknowledging a settlement by the parties in the appeal hearing 118

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 SECTION 2 118
Argument at the Appeal Hearing 118
Article 301 Contents and method of argument at the appeal hearing 118
Article 302 Presentations of concerned parties and prosecutor at the appeal hearing 118
Article 303 The procedures for questioning and disclosure of data and evidence and examination of physical evidence at
the appeal hearing 119
Article 304 Temporary cessation of the appeal hearing 119
Article 305 Argument at the appeal hearing 119
Article 306 Presentation of the prosecutor at the appeal hearing 120
Article 307 Deliberation and pronouncement of a judgement 120
Article 308 Powers of the Council of Adjudicators with appellate jurisdiction 120
Article 309 Varying a judgement of the Court of first instance 121
Article 310 Setting aside the first instance judgment or part of such judgement and transferring the case file to the court
with original jurisdiction for a new trial at first instance 121
Article 311 Setting aside the judgement of the Court of first instance and staying the proceeding 121
Article 312 Stay of the appeal hearing 121
Article 313 Judgment of the appellate Court 121
Article 314 Appeal procedures with respect to decisions of a Court of first instance which are appealed or protested
against 122
Article 315 Sending judgements and decisions of the appeal Court 123

PART IV........................................................................................................................................................................123

RESOLUTION OF CIVIL CASES IN ACCORDANCE WITH SUMMARY PROCEDURES...........................123

CHAPTER XVIII......................................................................................................................................................124
RESOLUTION OF CIVIL CASES IN ACCORDANCE WITH SUMMARY PROCEDURES AT THE COURT OF FIRST INSTANCE
...................................................................................................................................................................................124
Article 316 Scope of application of summary procedures 124
Article 317 Conditions for application of summary procedures 124
Article 318 Decision bringing the case to a hearing in accordance with summary procedures 125
Article 319 Complaints or petitions and resolution of complaints or petitions against decisions to bring a case to a hearing
in accordance with summary procedures 126
Article 320 Trial in accordance with summary procedures 126
Article 321 Validity of judgments and decisions in accordance with summary procedures 126
CHAPTER XIX.........................................................................................................................................................127
RESOLUTION OF CIVIL CASES IN ACCORDANCE WITH THE SUMMARY PROCEDURES AT THE APPEAL COURT..........127
Article 322 Time-limit for lodging an appeal or protest against a judgement or decision in accordance with summary
procedures 127
Article 323 Period of preparation for an appeal hearing in accordance with summary procedures 127
Article 324 Summary appeal proceedings with respect to judgements and decisions of a Court of first instance which are
being appealed or protested against 128

PART V..........................................................................................................................................................................128

REVIEW OF LEGALLY ENFORCEABLE JUDGMENTS OR DECISIONS.....................................................128

CHAPTER XX..........................................................................................................................................................129
PROCEDURE FOR JUDICIAL REVIEW...........................................................................................................................129
Article 325 Nature of judicial review 129
Article 326 Grounds and conditions for protest on the basis of judicial review procedures 129
Article 327 Discovery of legally enforceable judgements and decisions of a Court which should be reviewed in
accordance with judicial review procedures 129
Article 328 Application for review of legally enforceable judgements and decisions of a Court on the basis of judicial
review procedures 130
Article 329 Procedures for receipt of applications for review of legally enforceable judgements and decisions of the Court
on the basis of judicial review procedures 130
Article 330 Supplementing and verifying data and evidence on the basis of judicial review procedures 131
Article 331 Persons authorized to lodge protests in accordance with judicial review procedures 131

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 Article 332 Adjournment or temporary suspension of the enforcement of legally enforceable judgments or decisions
131
Article 333 Decisions on protest based on judicial review procedures 131
Article 334 Time-limits for lodging a protest based on judicial review procedures 132
Article 335 Change or addition or withdrawal of a protest based on judicial review procedures 132
Article 336 Sending a decision on protest based on judicial review procedures 133
Article 337 Jurisdiction for judicial review 133
Article 338 Participants in judicial review hearings 134
Article 339 Time-limit for conducting judicial review hearings 134
Article 340 Preparation for judicial review hearings 134
Article 341 Hearing proceedings of judicial review hearings 134
Article 342 Scope of judicial review 135
Article 343 The power of the Council of Adjudicators for a judicial review 135
Article 344 Upholding the lawful judgement or decision of the lower court which has been cancelled or varied
136
Article 345 Setting aside part or the whole of the legally enforceable judgment or decision of the Court for the purpose of
conducting a new trial in accordance with procedures for first instance hearings or the appeal procedures
136
Article 346 Setting aside a legally enforceable judgment or decision and staying proceedings 136
Article 347 Varying a part or the whole of a legally enforceable judgement or decision of the Court 136
Article 348 Judicial review decisions 137
Article 349 Effectiveness of judicial review decisions 137
Article 350 Sending a judicial review decision 138
CHAPTER XXI.........................................................................................................................................................138
PROCEEDINGS FOR A NEW TRIAL..............................................................................................................................138
Article 351 Nature of a new trial 138
Article 352 Grounds for protest on the basis of new trial procedures 138
Article 353 Notice and verification of fresh evidence 138
Article 354 Persons who have the power to protest on the basis of new trial procedures 139
Article 355 Time-limits for lodging a protest based on new trial procedures 139
Article 356 The power of the Council of Adjudicators for a new trial 139
Article 357 Application of provisions on new trial procedures 139
CHAPTER XXII........................................................................................................................................................139
SPECIAL PROCEDURE FOR RECONSIDERATION OF DECISIONS OF THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE'S
COURT........................................................................................................................................................................139
Article 358 Request, petition or submission for reconsideration of decisions of the Judicial Council of the Supreme
People's Court 139
Article 359 Procedure for reconsideration of decisions of the Judicial Council of the Supreme People's Court 140
Article 360 Power to reconsider decisions of the Judicial Council of the Supreme People's Court 142

PART VI........................................................................................................................................................................143

RESOLUTION PROCEDURES FOR CIVIL MATTERS.......................................................................................143

CHAPTER XXIII......................................................................................................................................................143
GENERAL PROVISIONS ON RESOLUTION PROCEDURES FOR CIVIL MATTERS............................................................143
Article 361 Scope of application 143
Article 362 Application to petition a Court to resolve a civil matter 143
Article 363 Procedures for receipt and dealing with applications 144
Article 364 Return of applications 144
Article 365 Notification of acceptance of applications 145
Article 366 Preparation for consideration of applications 146
Article 367 Participants at the meeting to resolve a civil matter 146
Article 368 Decision to replace persons conducting proceedings upon resolution of a civil matter 147
Article 369 Procedures for holding of meetings to resolve a civil matter 147
Article 370 Decisions on resolution of civil matters 148
Article 371 Appeals and protests against decisions on resolution of civil matters 149
Article 372 Time-limit for lodging an appeal or protest 149
Article 373 Preparation for consideration of an appeal or protest 149

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 Article 374 Persons participating in an appellate meeting to resolve a civil matter 150
Article 375 Procedures for conducting an appellate meeting to resolve a civil matter 150
CHAPTER XXIV......................................................................................................................................................151
RESOLUTION PROCEDURES FOR PETITIONS TO DECLARE AN INDIVIDUAL AS HAVING LOST CAPACITY FOR CIVIL
ACTS, AS HAVING RESTRICTED CAPACITY FOR CIVIL ACTS OR AS HAVING DIFFICULTY IN PERCEIVING OR
CONTROLLING HIS/HER OWN ACTS...........................................................................................................................151
Article 376 Right to petition to declare an individual as having lost capacity for civil acts, as having restricted capacity for
civil acts or as having difficulty in perceiving or controlling his/her own acts 151
Article 377 Preparation of consideration of a petition 152
Article 378 Decisions declaring an individual as losing capacity for civil acts, as having restricted capacity for civil acts
or having difficulty in perceiving or controlling his or her own acts 152
Article 379 Right to petition for revocation of a decision declaring an individual as losing capacity for civil acts, as
having restricted capacity for civil acts or as having difficulty in perceiving or controlling his or her own
acts 152
Article 380 Decision of the Court in cases where a petition for revocation of a decision declaring a loss of capacity for
civil acts, restricted capacity for civil acts or difficulty in perceiving or controlling acts is accepted
152
CHAPTER XXV.......................................................................................................................................................152
RESOLUTION PROCEDURES FOR PETITIONS FOR ORDER TO SEARCH FOR PERSONS WHO ARE ABSENT FROM THEIR
PLACE OF RESIDENCE................................................................................................................................................152
Article 381 Petitions for an order to search for a person who is absent from his or her place of residence 152
Article 382 Preparation of consideration of a petition for an order to search for a person who is absent from his or her
place of residence 153
Article 383 Decision to order search for a person who is absent from his or her place of residence 153
Article 384 Order to search for a person who is absent from his or her place of residence 153
Article 385 Announcement of order to search for a person who is absent from his or her place of residence 153
Article 386 Effectiveness of a decision ordering a search for a person who is absent from his or her place of residence
154
CHAPTER XXVI......................................................................................................................................................154
RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARATION THAT PERSONS ARE MISSING.................................154
Article 387 Petition for declaration that a person is missing 154
Article 388 Preparation of consideration of a petition to declare that a person is missing 154
Article 389 Decision declaring that a person is missing 154
Article 390 Revocation of decision declaring that a person is missing 155
CHAPTER XXVII.....................................................................................................................................................155
RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARATION THAT PERSONS ARE DEAD.....................................155
Article 391 Right to petition for a declaration that a person is dead 155
Article 392 Preparation of consideration of a petition 155
Article 393 Decisions declaring that a person is dead 155
Article 394 Petition for revocation of decision declaring that a person is dead 155
Article 395 Decision revoking a decision declaring that a person is dead 156
CHAPTER XXVIII...................................................................................................................................................156
RESOLUTION PROCEDURES FOR PETITIONS FOR RECOGNITION OF DIVORCE BY CONSENT, AGREEMENTS ON RAISING
CHILDREN AND DISTRIBUTION OF PROPERTY UPON DIVORCE..................................................................................156
Article 396 Petitions for recognition of divorce by consent, and agreements on raising children and distributing property
upon divorce 156
Article 397 Conciliation and recognition of divorce by consent or an agreement on raising children and distribution of
property upon divorce 156
CHAPTER XXIX......................................................................................................................................................157
RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARATION THAT NOTARIZED DOCUMENTS ARE NULL AND VOID
...................................................................................................................................................................................157
Article 398 Petitions for declaration that a notarized document is null and void 157
Article 399 Preparation of consideration of a petition for declaration that a notarized document is null and void
157
Article 400 Decision to declare a notarized document to be null and void 157
CHAPTER XXX.......................................................................................................................................................158

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 RESOLUTION PROCEDURES FOR PETITIONS FOR DECLARATION THAT LABOUR CONTRACTS ARE INVALID; OR
COLLECTIVE LABOUR AGREEMENTS ARE INVALID....................................................................................................158
Article 401 Petition for declaration that a labour contract is invalid; or a collective labour agreement is invalid
158
Article 402 Consideration of petitions for declaration that a labour contract is invalid; or a collective labour agreement is
invalid 158
CHAPTER XXXI......................................................................................................................................................159
PROCEDURES FOR CONSIDERATION OF LEGALITY OF STRIKES..................................................................................159
Article 403 Petitioning the Court to consider the legality of a strike 159
Article 404 Procedures for lodging an application with the Court to consider legality of a strike 159
Article 405 Jurisdiction to consider legality of a strike 159
Article 406 Composition of the council to consider legality of a strike 159
Article 407 Participants in a meeting to consider the legality of a strike 159
Article 408 Adjournment of a meeting to consider the legality of a strike 160
Article 409 Stay of consideration of the legality of a strike 160
Article 410 Procedures for resolution of an application for consideration the legality of a strike 160
Article 411 Sequence for a meeting considering legality of a strike 160
Article 412 Decision on legality of a strike 161
Article 413 Sequence and procedures for resolution of appeals and protests against decisions on legality of strikes
161
CHAPTER XXXII.....................................................................................................................................................161
RESOLUTION PROCEDURES FOR CIVIL MATTERS RELATING TO COMMERCIAL ARBITRATION OPERATIONS OF
VIETNAM....................................................................................................................................................................161
Article 414 Civil matters relating to commercial arbitration operations of Vietnam which fall under the jurisdiction of
Courts 162
Article 415 Resolution procedures 162
CHAPTER XXXIII...................................................................................................................................................162
PROCEDURES FOR RECOGNITION OF SUCCESSFUL SETTLEMENT OUTSIDE COURT...................................................162
Article 416 Recognition of successful settlement outside Court 162
Article 417 Conditions for recognition of successful settlement outside Court 162
Article 418 Application for recognition of successful settlement outside Court 163
Article 419 Procedures for recognition of successful settlement outside Court 163
CHAPTER XXXIV...................................................................................................................................................164
RESOLUTION PROCEDURES FOR CIVIL MATTERS RELATING TO ARREST OF AIRCRAFT OR SEAGOING SHIP.............164
Article 420 Right to petition the Court to arrest an aircraft or seagoing ship 164
Article 421 Jurisdiction of the Court to arrest an aircraft or seagoing ship 164
Article 422 Procedures for arrest of an aircraft or seagoing ship 164

PART VII.......................................................................................................................................................................165

PROCEDURES FOR RECOGNITION AND PERMISSION FOR ENFORCEMENT IN VIETNAM OR NON-

RECOGNITION OF CIVIL DECISIONS AND JUDGMENTS OF FOREIGN COURTS; RECOGNITION
AND PERMISSION FOR ENFORCEMENT OF AWARDS OF FOREIGN ARBITRATORS...........................165
CHAPTER XXXV....................................................................................................................................................165
GENERAL PROVISIONS ON PROCEDURES FOR RECOGNITION AND PERMISSION FOR ENFORCEMENT IN VIETNAM OR
NON-RECOGNITION OF CIVIL DECISIONS AND JUDGMENTS OF FOREIGN COURTS; RECOGNITION AND PERMISSION
FOR ENFORCEMENT AWARDS OF FOREIGN ARBITRATORS........................................................................................165
Article 423 Civil decisions and judgments of foreign courts recognised and permitted for enforcement in Vietnam
165
Article 424 Awards of foreign arbitrators recognized and permitted for enforcement in Vietnam 165
Article 425 Right to petition for recognition and permission for enforcement or non-recognition of civil decisions and
judgments of foreign courts; and for recognition and permission for enforcement of awards of foreign
arbitrators 166
Article 426 Ensuring the right to appeal or protest166
Article 427 Ensuring effectiveness of decision of Vietnamese court on recognition and permission for enforcement or
non-recognition of civil decisions and judgments of foreign courts; on recognition and permission for
enforcement of awards of foreign arbitrators 166

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 Article 428 Sending of decision of court on recognition and permission for enforcement or non-recognition of civil
decisions and judgments of foreign courts; or on recognition and permission for enforcement of awards of
foreign arbitrators 167
Article 429 Ensuring the right to remit money and transfer property for enforcement of civil decisions and judgments of
foreign courts and awards of foreign arbitrators 167
Article 430 Fees and costs of consideration of petitions for recognition and permission for enforcement or non-
recognition of civil decisions and judgments of foreign courts; and for recognition and permission for
enforcement of awards of foreign arbitrators 167
Article 431 Civil decisions and judgments of foreign courts and decisions of other foreign competent agencies
automatically recognized in Vietnam 167
CHAPTER XXXVI...................................................................................................................................................167
PROCEDURES FOR CONSIDERATION OF PETITIONS FOR RECOGNITION AND PERMISSION FOR ENFORCEMENT IN
VIETNAM OF CIVIL DECISIONS AND JUDGMENTS OF FOREIGN COURTS; PROCEDURES FOR CONSIDERATION OF
PETITIONS FOR NON-RECOGNITION OF CIVIL DECISIONS AND JUDGMENTS OF FOREIGN COURTS.........................167
SECTION 1 167
Procedures For Consideration Of Petitions For Recognition And Permission For Enforcement In Vietnam Of
Civil Decisions And Judgments Of Foreign Courts 167
Article 432 Limitation period for petition for recognition and permission of enforcement 168
Article 433 Petition for recognition and permission of enforcement 168
Article 434 Documents and materials attached to petition 168
Article 435 Forwarding documents to court 169
Article 436 Acceptance of jurisdiction over files 169
Article 437 Preparation for consideration of petition 169
Article 438 Meeting session to consider the petition 171
Article 439 Civil decisions and sentences of foreign courts not recognised or permitted for enforcement in Vietnam
172
Article 440 Foreign court having jurisdiction for dispute or claim resolution 172
Article 441 Sending of court decision 173
Article 442 Appeal and protest 173
Article 443 Consideration of appeal and protest 173
SECTION 2 174
Procedures For Consideration Of Petitions For Non-Recognition Of Civil Decisions And Judgments Of Foreign
Courts 174
Article 444 Limitation period for non-recognition of civil decisions and judgments of foreign courts174
Article 445 Petition for non-recognition of civil decision and judgment of foreign court in Vietnam 174
Article 446 Documents and materials enclosed with petition; procedures for consideration of petitions for non-recognition
of civil decisions and judgments of foreign courts in Vietnam 175
SECTION 3 175
Procedures For Petition For Non-For Recognition Of Civil Decisions And Judgments Of Foreign Courts,
Enforcement Of Which Is Not Required In Vietnam175
Article 447 Limitation period for non-recognition of civil decisions and judgments of foreign courts enforcement of
which is not required in Vietnam 175
Article 448 Petition for non-recognition of civil decisions and judgments of foreign courts, enforcement of which is not
required in Vietnam 176
Article 449 Procedures for acceptance of jurisdiction and resolution of petition for non-recognition of civil decisions and
judgments of foreign courts enforcement of which is not required in Vietnam 176
Article 450 Sending of decisions of courts and appeal and protest 176
CHAPTER XXXVII..................................................................................................................................................176
PROCEDURES FOR CONSIDERATION OF PETITIONS FOR RECOGNITION AND PERMISSION FOR ENFORCEMENT IN
VIETNAM OF AWARDS OF FOREIGN ARBITRATORS...................................................................................................176
Article 451 Limitation period for making petitions for recognition and permission of enforcement 176
Article 452 Petitions for recognition and permission for enforcement in Vietnam of awards of foreign arbitrators
177
Article 453 Documents and materials accompanying petitions 177
Article 454 Forwarding files to court 177
Article 455 Acceptance of jurisdiction over files 178
Article 456 Forwarding files to other courts and resolution of dispute over jurisdiction 178

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 Article 457 Preparation for consideration of petition 178
Article 458 Meeting session to consider the petition 179
Article 459 Cases of non-recognition 180
Article 460 Sending decisions of court 181
Article 461 Appeal and protest 181
Article 462 Consideration of appeal and protest 181
Article 463 Temporary suspension of enforcement, rescission of decision on recognition and permission for enforcement
of award of foreign arbitrators 183

PART VIII.....................................................................................................................................................................183

PROCEDURES FOR RESOLUTION OF CIVIL AFFAIRS WITH A FOREIGN ELEMENT..........................183

CHAPTER XXXVIII................................................................................................................................................183
GENERAL PROVISIONS ON PROCEDURES FOR RESOLUTION OF CIVIL AFFAIRS WITH A FOREIGN ELEMENT..........183
Article 464 Principles of application 183
Article 465 Litigation rights and obligations of foreigners, foreign agencies and organizations, branches and
representative offices in Vietnam of foreign agencies and organizations, international organizations,
representative offices of international organizations in Vietnam, and foreign States 184
Article 466 Civil legal litigation capacity and capacity for civil legal litigation acts of foreigners 184
Article 467 Civil legal litigation capacity of foreigners, foreign agencies and organizations, branches and representative
offices in Vietnam of foreign agencies and organizations, international organizations, representative offices
of international organizations in Vietnam, and foreign States 185
Article 468 Protection of legitimate rights and interests of parties concerned being foreigners, foreign agencies and
organizations, branches and representative offices in Vietnam of foreign agencies and organizations,
international organizations, representative offices of international organizations in Vietnam, and foreign
States 185
Article 469 General jurisdiction of Vietnamese courts in resolution of civil affairs with a foreign element 185
Article 470 Specific jurisdiction of Vietnamese courts 186
Article 471 No change to jurisdiction of court 186
Article 472 Return of statements of claim or petitions, or suspension of resolution of civil affairs with a foreign element
where there has been an arbitration agreement, agreement to select a foreign court, or resolution has been
carried out by a foreign court, arbitrators or another foreign competent agency, or where the parties
concerned are entitled to judicial immunity 187
Article 473 Request to provide personal information and identification of address of the parties concerned in a foreign
country 187
Article 474 Methods for service and notice of legal process of court to parties concerned in a foreign country 188
Article 475 Collection of evidence abroad 188
Article 476 Notice on acceptance of jurisdiction, and opening date of meeting session or hearing session 189
Article 477 Dealing with result of service of legal process of court to the parties concerned in a foreign country and result
of request for foreign competent agency to collect evidence 189
Article 478 Recognition of documents and materials sent by foreign agencies, organizations and individuals to
Vietnamese courts 191
Article 479 Time-limit for appeal against judgement or decision of court hearing civil case with a foreign element
191
Article 480 Service and notice of legal process and dealing with result of service and notice of legal process of appeal
court to the parties concerned abroad 192
Article 481 Determination and supply of foreign law for application by court in resolution of civil affairs with a foreign
element 192

PART IX........................................................................................................................................................................192

ENFORCEMENT OF CIVIL JUDGEMENTS AND DECISIONS OF THE COURT.........................................192

CHAPTER XXXIX...................................................................................................................................................192
ENFORCEMENT OF JUDGEMENTS AND DECISIONS OF THE COURT.............................................................................193
Article 482 Judgements and decisions of the Court to be executed 193
Article 483 Noting and explaining the right to petition the enforcement of a civil judgement 193
Article 484 Issuance of a judgement or decision of the Court 193
Article 485 Time-limit for forwarding a judgement or decision 193

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 Article 486 Clarification and amendments to a judgement or decision of the Court 194
Article 487 Resolution of requests and proposals in respect of judgements and decisions of the Court 194
Article 488 Jurisdiction of the Court and procedures for consideration of exemption and reduction of the obligation for
legal enforcement in respect of income payable to the State budget 194

PART X..........................................................................................................................................................................195

DEALING WITH ACTS OF OBSTRUCTING CIVIL LITIGATORY ACTIVITIES;........................................195

COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEEDINGS.................................................................195

CHAPTER XL...........................................................................................................................................................195
DEALING WITH ACTS OF OBSTRUCTING CIVIL LITIGATION ACTIVITIES....................................................................195
Article 489 Deal with acts obstructing verification or collection of evidence by persons conducting proceedings
195
Article 490 Dealing with acts of intentional absence upon being summonsed by the Court 196
Article 491 Measures dealing with persons who violate court rules 196
Article 492 Dealing with acts of violating or infringing the solemnity and reputation of the Court, the honour, dignity or
health of persons conducting proceedings or other persons who perform duties at the request of the Court
196
Article 493 Dealing with acts of obstructing the issuance, delivery, receipt, service or notification of legal process of the
Court 196
Article 494 Dealing with acts of obstructing representatives of agencies, organizations or individuals who participate in
proceedings at the request of the Court 197
Article 495 Dealing with acts of failing to execute decisions of the Court on provide data or evidence to the Court or
telling untruthful news in order to obstruct the resolution of cases of the Court 197
Article 496 Dealing with acts of intervening in resolution of civil affairs 197
Article 497 Responsibilities of the procuracy when the Court institutes a criminal case 197
Article 498 Form of penalty, powers, sequence and procedures for imposition of penalty 197
CHAPTER XLI.........................................................................................................................................................198
COMPLAINTS AND DENUNCIATIONS IN CIVIL PROCEEDINGS.....................................................................................198
Article 499 Decisions and acts in civil proceedings which may be complained against 198
Article 500 Rights and obligations of complainants 198
Article 501 Rights and obligations of persons who are being complained against 199
Article 502 Time-limit for lodging a complaint 199
Article 503 Forms of complaint 199
Article 504 Powers to resolve complaints against decisions or [litigation] acts of persons conducting proceedings
199
Article 505 Time-limit for resolution of complaints 200
Article 506 Contents of decision resolving a first complaint 200
Article 507 Procedures for resolution of second complaints 200
Article 508 Resolution of complaints regarding examination activities in civil proceedings 201
Article 509 Persons having the right to lodge a denunciation 201
Article 510 Rights and obligations of denunciators 201
Article 511 Rights and obligations of persons who are being denounced 201
Article 512 Powers and time-limit for resolution of denunciations 202
Article 513 Resolution procedures for denunciations 202
Article 514 Responsibilities of persons authorized to resolve complaints and denunciations 202
Article 515 Inspection of observance of the law in resolution of complaints and denunciations in civil proceedings
203
CHAPTER XLII........................................................................................................................................................203
IMPLEMENTING PROVISIONS......................................................................................................................................203
Article 516 Amendments and additions to a number of articles of the Labour Code 10/2012/QH13 203
Article 517 Effectiveness 203

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NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 92/2015/QH13
Hanoi, 25 November 2015

CIVIL PROCEEDINGS CODE

Pursuant to the Constitution of the Socialist Republic of Vietnam.

The National Assembly hereby promulgates this Civil Proceedings Code.

PART I

General Provisions

CHAPTER I

Duties and Effectiveness of the Civil Proceedings Code

Article 1 Governing scope and duties of the Code on Civil Proceedings

The Code on Civil Proceedings provides basic principles of civil proceedings; the order and procedures for
initiation of a legal action to enable people's courts (hereinafter referred to as the Courts) to resolve cases
in relation to civil, marriage and family, business, commercial or labour disputes (hereinafter referred
collectively to as civil cases) and sequence and procedures for petitions to enable Courts to resolve matters
in relation to civil, marriage and family, business, commercial or labour petitions (hereinafter referred
collectively to as civil matters); sequence and procedures for resolution of civil cases and civil matters
(hereinafter referred collectively to as civil affairs) at courts; sequence and procedures for recognition and
enforcement in Vietnam of civil judgements and decisions of foreign courts and foreign arbitration awards;
enforcement of civil judgements; duties, powers and responsibilities of agencies conducting proceedings or
persons conducting proceedings; rights and obligations of persons participating in proceedings, of
individuals, State agencies, units of people's armed forces, economic organizations, political organizations,
socio-political organizations, occupational and socio-political organizations, social organizations and socio-
occupational organizations (hereinafter referred collectively to as agencies and organizations) concerned in
order to ensure that civil affairs are resolved rapidly, accurately and fairly in accordance with law.

The Code on Civil Proceedings takes part in protection of justice, human rights and citizens’ rights, and the
socialist regime, and protection of the interests of the State, and the lawful rights and interests of agencies,
organizations and individuals; and educates people on strict observance of law.

Article 2 Applicability and effectiveness of the Code on Civil Proceedings

1. The Code on Civil Proceedings applies to all civil proceedings in the territory of the Socialist Republic
of Vietnam, comprising its mainland, islands, sea and airspace.

2. The Code on Civil Proceedings applies to all civil proceedings conducted by representative missions
of the Socialist Republic of Vietnam abroad.

3. The Code on Civil Proceedings applies to the resolution of civil affairs involving foreign elements;
where an international treaty of which the Socialist Republic of Vietnam is a member to contains

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 other provisions [which conflict with this Code]1, the provisions of such international treaty shall
prevail.

4. With respect to foreign organizations, agencies and individuals entitled to diplomatic immunities and
privileges or consular immunities and privileges in accordance with law or international treaties of
which Vietnam is a member, civil affairs relating to such organizations, agencies and individuals shall
be settled via diplomatic channels.

CHAPTER II

Basic Principles

Article 3 Compliance with law in civil proceedings

All civil proceedings performed by agencies conducting proceedings, persons conducting proceedings,
persons participating in proceedings and by organizations, agencies and individuals concerned must
comply with the provisions of this Code.

Article 4 Right to petition the Court to protect lawful rights and interests

1. Agencies, organizations and individuals [applicants] specified by this Code have the right to initiate a
civil case and to lodge a petition for resolution of a civil matter with the Court with the appropriate
jurisdiction aimed at petitioning such Court to protect justice, human rights, citizens’ rights, the
interests of the State, the lawful rights and interests of the applicants and the lawful rights and
interests of others.

2. The Court is not permitted to refuse to resolve any civil affair for the reason that there is no law for
application.

A civil affair to which there is no law for application mean a civil affair which is subject to the
applicability of the civil law but at the time it arises and the applicants petitions the court for
resolution, there is no law for application.

The resolution of the civil affairs prescribed in this clause is conducted on the principles prescribed by
the Civil Code and this Code.

Article 5 Right of concerned parties to decide and to dispose

1. A litigant has the right to decide whether or not a legal action is initiated and to petition the Court with
the appropriate jurisdiction to resolve a civil affair. The Court shall only accept and resolve a civil
affair upon an application or petition lodged by a litigant and only to the extent of such application or
petition.

2. During resolution of a civil affair, the parties concerned have the right to terminate or change their
petitions or voluntarily reach an agreement with each other provided that [their agreement] does not
violate the provisions of the law on prohibitions and is not contrary to social morality.

Article 6 Providing evidence and proof in civil proceedings

1
Allens footnote: Square brackets contain translator's comments only.

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1. Concerned parties have the right and obligation to proactively collect and deliver evidence to the
court and to prove that their claim is well grounded and lawful.

Any agency, organization or individual [applicant] initiating a legal action or petitioning for protection
of lawful rights and interests of other persons has the right and obligation to collect and provide
evidence and to prove the same as a concerned party.

2. The Court is responsible to assist the concerned parties in collecting evidence and shall only collect
and verify evidence in the circumstances specified by this Code.

Article 7 Responsibility of competent organizations, agencies and individuals to provide data and
evidence

Agencies, organizations and individuals [entities] are, depending on their duties and powers, responsible for
providing fully on time to a concerned party, the Court and the People's Procuracy (hereinafter referred to
as the Procuracy) data and evidence kept or controlled by such entities at the request of the concerned
party, the Court or the Procuracy in accordance with this Code and are responsible before the law for
provision of such data and evidence; and in a case where they refuse the request for provision of data and
evidence, shall notify the concerned party, Court or Procuracy in writing of the reasons therefor.

Article 8 Equal rights and obligations in civil proceedings

1. In civil proceedings, all persons are equal before the law without any discrimination on the basis of
ethnicity, gender, belief, religion, social class, educational level, occupation and social status.

All agencies, organizations and individuals [entities] are equal in exercising the litigatory rights and
obligations before the Court.

2. The Court is responsible for ensuring the principle of equality for entities to exercise their rights and
perform their obligations in civil proceedings.

Article 9 Ensuring rights of concerned parties to protect their lawful rights and interests

1. A litigant has the right to himself/herself protect or engage a lawyer, or other persons who satisfy all
conditions stipulated by this Code to protect his or her lawful rights and interests.

2. The Court has the responsibility to ensure litigants may exercise their right to protect [their own rights
and interests].

3. The State has the responsibility to ensure legal assistance to entities in accordance with the law to
enable such entities to exercise the right to protect their lawful rights and interests before the court.

4. Nobody is permitted to restrict the right of litigants to protect their lawful rights and interests in civil
proceedings.

Article 10 Conciliation in civil proceedings

The court has the responsibility to carry out conciliation and create favourable conditions for the concerned
parties to agree amongst themselves on the resolution of civil affairs in accordance with this Code.

Article 11 People's jurors participating in trials of civil cases

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1. People's jurors shall participate in first instance hearings of civil cases in accordance with this Code
except for hearings in accordance with summary procedures.

2. Upon voting on the decision resolving a civil case, people's jurors have the same powers as judges.

Article 12 Judges and people's jurors conducting trials of civil cases or judges resolving civil matters are
independent and subject only to law

1. Judges and people's jurors conducting trial of civil cases or judges resolving civil matters shall be
independent and shall only act in accordance with law.

2. Agencies, organizations and individuals [entities] are strictly prohibited from intervening in any way in
trials by judges and people's jurors or in resolution of civil matters by judges.

Article 13 Responsibilities of agencies and persons conducting proceedings

1. Agencies and persons conducting proceedings must respect the people [citizens] and shall be
subject to supervision by the people.

2. The Court has the duty to protect justice, human rights, citizens’ rights, the socialist regime, the
interests of the State and the lawful rights and interests of organizations and individuals.

The Procuracy has the duty to protect the law, human rights, citizens’ rights, the socialist regime, the
interests of the State and the lawful rights and interests of organizations and individuals, and to
contribute to ensuring strict and consistent compliance with law.

3. Agencies and persons conducting proceedings must maintain State secrets and work-related secrets
in accordance with law; keep national fine customs and morals, protect minors, and maintain
occupational secrets, trade secrets, privacy and family secrets of the litigants upon their legitimate
request.

4. Agencies and persons conducting proceedings are responsible before law for performing their duties
and powers. Any person conducting proceedings who commits a breach of law shall, depending on
the nature and seriousness of the breach, be subject to disciplinary action or prosecution for criminal
liability in accordance with law.

5. If any person conducting proceedings during performance of their duties or obligations commits a
breach of the law causing any loss or damage to an agency, organization or individual, then the
agency for direct management of such person must compensate the victim in accordance with the
law on State responsibility for compensation.

Article 14 Court to act collectively when hearing cases

The Court shall act collectively when hearing civil cases and make decisions on a majority basis, except for
hearings in accordance with summary procedures.

Article 15 Prompt, fair and open hearing by courts

1. The Court shall conduct hearings in a timely manner within the time-limit prescribed by this Code and
ensuring fairness.

2. The Court shall conduct open hearings. In special cases where it is necessary to maintain State
secrets, to maintain national fine customs and morals, to protect minors, to maintain occupational

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 secrets, trade secrets and the privacy of individuals or their family secrets upon their legitimate
request, the Court may carry out closed hearings.

Article 16 Ensuring impartiality and objectiveness in civil proceedings

1. Chief justices, judges, people's jurors, verifiers, court clerks, chief prosecutors, prosecutors,
controllers, interpreters, experts and members of valuation councils are not allowed to conduct or
participate in proceedings if there are legitimate grounds to believe that they cannot be impartial or
objective in performing their duties or exercising their powers.

2. The allocation of [duties] to persons conducting proceedings must ensure that such persons are
impartial or objective in performing their duties or exercising their powers.

Article 17 Ensuring the first instance and appeal hearing regime

1. The first instance and appeal hearing regime is ensured.

Judgments and decisions of first instance Courts may be appealed or protested against in
accordance with this Code.

Judgments and decisions of first instance Courts which have not been appealed or protested against
in accordance with the appellate proceedings within the time-limit specified by this Code shall be
legally enforceable. Where a judgment or decision of a first instance court is being appealed or
protested against, the case shall be heard pursuant to the appellate proceedings. Judgments and
decisions of appellate Courts shall be legally enforceable.

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

Article 18 Supervising adjudicatory role

The Supreme People's Court supervises the adjudicatory performance of Courts; and the superior Court
supervises the adjudicatory performance of people's Courts of provinces and cities under central authority
(hereinafter referred collectively to as provincial Courts), people's courts of districts, towns, provincial cities
and cities under a city under central authority (hereinafter referred collectively to as district Courts) which
fall within the scope of its jurisdiction by territories in order to ensure the strict and consistent application of
law.

Article 19 Ensuring validity of judgments and decisions of Courts

1. The judgments or decisions of Courts which have been legally enforceable must be executed and
respected by all agencies, organizations and individuals [entities]; and the relevant entities must
strictly abide by such judgements and decisions.

2. The Courts and agencies or organizations which have been assigned with the task of executing the
judgments and decisions of Courts shall, depending on their duties and powers, strictly implement
and be responsible before law for the implementation of such task.

3. The Courts have the right to request the agency for legal enforcement to notify the progress and
results of enforcement of the judgments and decisions of the Courts. The agency for legal
enforcement directly organizing enforcement of such judgements and decision is responsible to make
its response to [the request of] the Courts.

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Article 20 Spoken and written language used in civil proceedings

The written and spoken language used in civil proceedings shall be Vietnamese.

Persons participating in civil proceedings have the right to use their native written and spoken language, in
which case an interpreter shall be required.

Persons participating in civil proceedings who are audibly, verbally or visually impaired have the right to use
the language, symbols and scripts exclusively used for persons with disability. In this case, there must be a
person who knows such language, symbols or scripts to translate.

Article 21 Supervision of the observance of law in civil proceedings

1. The procuracy supervises and controls the observance of law in civil proceedings and exercises the
right to request, to make recommendations or to protest in accordance with law in order to ensure
that civil affairs are resolved in a timely manner in compliance with law.

2. The procuracy participates in first-instance meetings in respect of civil matters; or first-instance

hearings in respect of cases in which evidence is collected by the Court or the subject in dispute is
public assets, public interests, land use right or residential house or the litigant is a minor, a person
who has lost the capacity for civil acts, a person with restricted capacity for civil acts, or a person who
has difficulty in perceiving or controlling his/her own acts, or in the cases prescribed in article 4.2 of
this Code.

3. The procuracy takes part in appellate, judicial review or new trial hearings and meetings.

4. The Supreme People's Procuracy presides over co-ordination with the Supreme People's Court to
provide guidelines for implementation of this article.

Article 22 Responsibility of Courts to serve data and papers

1. The Courts are responsible for serving, delivering or notifying judgments, decisions, summons,
invitations and other papers of the Courts in accordance with this Code.

2. The commune people's committee or the agency or organization or person concerned has the
responsibility to deliver judgments, decisions, summons, invitations and other papers of the relevant
Court upon request of the Court and must notify the Court of the result of such delivery.

Article 23 Participation of agencies, organizations and individuals in civil proceedings

Agencies, organizations and individuals have the right and obligation to participate in civil proceedings, and
to make their contribution to the timely and lawful resolution of civil affairs at the Courts.

Article 24 Ensuring argument in hearings

1. The Court has the responsibility to ensure that the litigants and persons protecting the lawful rights
and interests of such litigants exercise their right to carry out argument in first-instance, appellate,
judicial review or new trial hearings in accordance with this Code.

2. Litigants and the persons protecting the lawful rights and interests of such litigants have the right to
collect and deliver data and evidence from the time when the Court accepts jurisdiction over their civil
case, and have the obligation to notify other parties of the data and evidence already delivered; and

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 shall make their presentations, responses, views and arguments on assessment of evidence and
applicable law in order to defend their claims, lawful rights and interests or to reject the claims of
other persons in accordance with this Code.

3. During the hearing, all data and evidence must be considered completely, objectively,
comprehensively and publicly, except for the case of secrecy prescribed in article 109.2 of this Code.
The Court carries out the argument and questioning about unclear matters and renders a judgment
or decision on the basis of the result of the argument.

Article 25 Ensuring the right to lodge complaints and denunciations in relation to civil proceedings

Agencies, organizations and individuals [entities] have the right to lodge a complaint and individuals have
the right to lodge a denunciation regarding a practice or decision contrary to the law by any agency or
person conducting proceedings or by any entity engaged in civil proceedings.

The competent entities must receive, consider and resolve in a timely manner complaints or denunciations
in compliance with law; and notify in writing the outcome of the resolution to the complainant or person who
lodged the denunciation.

CHAPTER III

Jurisdiction of the Court

SECTION 1

Civil affairs Which Fall under the Jurisdiction of the Court

Article 26 Civil disputes which fall under the jurisdiction of the Court

1. Disputes among individuals relating to Vietnamese nationality.

2. Disputes relating to ownership and other rights in respect of property.

3. Disputes relating to civil transactions or civil contracts.

4. Disputes relating to intellectual property rights or technology transfer, unless otherwise stipulated in
article 30.2 of this Code.

5. Disputes relating to property inheritance.

6. Disputes relating to compensation for non-contractual damages.

7. Disputes relating to compensation for loss and damage due to the application of administrative
preventive measures contrary to the law on competition, unless the claim for compensation for loss
and damage is resolved in an administrative case.

8. Disputes relating to exploitation and use of water resources or discharge of waste into a water source
as stipulated in the Law on Water Resources.

9. Disputes relating to land in accordance with the law on land; and disputes relating to the right to own
or use forests in accordance with the Law on Forest Protection and Development.

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10. Disputes relating to press activities in accordance with the law on the press.

11. Disputes relating to a petition for declaration that a notarized document is null and void.

12. Disputes relating to assets forfeited in enforcement of a judgment in accordance with the law on civil
judgement enforcement.

13. Disputes relating to property auction results and payment of expenses for registration to buy property
via an auction in accordance with the law on civil judgment enforcement.

14. Other civil disputes, except for cases that fall under the jurisdiction of other agencies or organizations
as stipulated by law.

Article 27 Civil petitions which fall under the jurisdiction of the court

1. Petitions for declaration or for revocation of a decision declaring that a person has lost the capacity
for civil acts or has restricted capacity for civil acts or has difficulty in perceiving or controlling his or
her own acts.

2. 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.

3. Petitions for declaration or for revocation of a decision declaring that a person is missing.

4. Petitions for declaration or for revocation of a decision declaring that a person is dead.

5. Petitions for recognition and enforcement in Vietnam or for [a decision] not to recognize a civil
judgement or decision, or a decision relating to property in a criminal or administrative judgement and
a decision of a foreign court or for [a decision] not to recognize a civil judgement or decision, a
decision relating to property in a criminal or administrative judgement or decision of a foreign court for
which no petition for enforcement in Vietnam is made.

6. Petitions for declaration that a notarized document is null and void.

7. Petitions for recognition of a successful settlement outside court.

8. Petitions for recognition that a property located within the Vietnamese territory is an abandoned
property, or for recognition of ownership by the current manager of an abandoned property located
within the Vietnamese territory in accordance with article 470.2(dd) of this Code.

9. Petitions for determination of property ownership and use rights; or for division of common property
for judgment enforcement and other petitions as prescribed in the Law on Civil Judgment
Enforcement.

10. Other civil petitions except cases which fall under the jurisdiction of other agencies and organizations
as stipulated by law.

Article 28 Marriage and family disputes which fall under the jurisdiction of the Court

1. Divorce and disputes relating to raising of children and distribution of property upon divorce; and
distribution of property after divorce.

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2. Disputes relating to distribution of joint ownership property of a husband and wife [formed] during the
marriage period.

3. Disputes relating to a change of the person directly raising children after divorce.

4. Disputes relating to determination of the father or mother of a child or determination of the child of a
father or mother.

5. Disputes relating to support.

6. Disputes relating to child birth as a result of assisted reproductive technology or surrogacy for
humanitarian purposes.

7. Disputes relating to raising of children and distribution of property of a male and female co-living as
spouses without marriage registration or upon annulment of an illegal marriage.

8. Other marriage and family disputes except cases which fall under the jurisdiction of other agencies
and organizations as stipulated by law.

Article 29 Petitions relating to marriage and family which fall under the jurisdiction of the Court

1. Petitions for annulment of an illegal marriage.

2. Petitions for recognition of divorce by consent, or an agreement on raising of children and distribution
of property upon divorce.

3. Petitions for recognition of an agreement of a father or mother on a change of the person directly
raising children after divorce or for recognition of a change of the person directly raising children after
divorce of an agency, organization or individual as stipulated by the law on marriage and family.

4. Petitions for restriction of the right of a father or mother with respect to a minor child or of the right of
such person to visit a child after divorce.

5. Petitions for termination of child adoption.

6. Petitions relating to surrogacy as stipulated by the law on marriage and family.

7. Petitions for recognition of an agreement on termination of the effectiveness of the distribution of joint
property during the marriage period already executed pursuant to a judgment or decision of the
Court.

8. Petitions for declaration that an agreement on the spousal property regime is null and void in
accordance with the law on marriage and family.

9. Petitions for recognition and enforcement in Vietnam or [a decision] not to recognize a judgement or
decision of a foreign court or other foreign competent agency relating to marriage and family or for [ a
decision] not to recognize a judgement or decision of a foreign court or other foreign competent
agency relating to marriage and family for which no petition for enforcement in Vietnam is made.

10. Petitions for determination of the parent of a child; or determination of the child of a parent in
accordance with the law on marriage and family.

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11. Other petitions relating to marriage and family except cases which fall under the jurisdiction of other
agencies and organizations as stipulated by law.

Article 30 Business or commercial disputes which fall under the jurisdiction of the Court

1. Disputes arising from business or commercial activities among individuals or organizations with
business registration and all of which are for profit-making purposes.

2. Disputes relating to intellectual property rights or technology transfer among companies or

organizations and all of which are for profit-making purposes.

3. Disputes between a non-member of a company who conducts a transaction involving transfer of his
or her portion of capital contribution with the company or a member of the company.

4. Disputes between a company and its members; disputes between a company and a manager in a
limited liability company or a member of the board of management, director or general director of a
shareholding company or among members of a company relating to the establishment, operation,
dissolution, merger, consolidation, demerger, division, handover of assets of the company or
conversion of the organizational form of the company.

5. Other business or commercial disputes except cases which fall under the jurisdiction of other
agencies and organizations as stipulated by law.

Article 31 Petitions relating to business or commerce which fall under the jurisdiction of the Court

1. 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.

2. Petitions relating to the resolution of a dispute by Vietnam Commercial Arbitration in accordance with
the law on commercial arbitration.

3. Petitions for arrest of an aircraft or seagoing ship in accordance with the law on civil aviation or
maritime law of Vietnam, except the case of arrest of an aircraft or a seagoing ship to secure [as
security for] resolution of a case.

4. Petitions for recognition and enforcement in Vietnam or for [a decision] not to recognise a judgement
or decision of a foreign court relating to business or commerce or for [a decision] not to recognize a
judgement or decision of a foreign court relating to business or commerce for which no petition for
enforcement in Vietnam is made.

5. Petitions for recognition and enforcement in Vietnam of foreign arbitration awards relating to business
or commerce.

6. Other petitions relating to business or commerce except cases which fall under the jurisdiction of
other agencies and organizations as stipulated by law.

Article 32 Labour disputes which fall under the jurisdiction of the Court

1. Individual labour disputes between an employee and an employer which have been resolved by
labour conciliators but the parties fail to implement or implement improperly [their agreement], or
which cannot be resolved or have failed to be resolved within the time-limit stipulated by law, except

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 for the following labour disputes which it was not mandatory to resolve in accordance with the
conciliation procedure:

(a) Disputes relating to disciplinary action in the form of dismissal or disputes which arise from the
unilateral termination of a labour contract;

(b) Disputes relating to payment of compensation for loss, or payment of allowances upon
termination of a labour contract;

(c) Disputes between a domestic servant and employer;

(d) Disputes relating to social insurance stipulated by the law on social insurance, relating to
health insurance stipulated by the law on health insurance, relating to unemployment
insurance stipulated by the law on unemployment insurance or relating to insurance for work-
related accidents or occupational diseases stipulated by the law on occupational safety and
hygiene;

(dd) Disputes relating to payment of compensation for loss between an employee and an enterprise
or public professional entity sending employees to work overseas under a contract.

2. Collective labour disputes relating to the rights between a labour collective and an employer which
have been resolved by the chairman of a district people's committee in accordance with the law on
labour but such decision does not satisfy the labour collective or the employer or such a dispute has
not been resolved by the chairman of a district people's committee within the time-limit.

3. Labour disputes, including:

(a) Disputes about trade apprenticeship and training;

(b) Disputes about outsourcing;

(c) Disputes about the trade union rights or funds;

(d) Disputes about occupational safety and hygiene.

4.. Disputes about compensation for loss and damage caused by an illegal strike.

5. Other labour disputes except cases which fall under the jurisdiction of other agencies and
organizations as stipulated by law.

Article 33 Labour petitions which fall under the jurisdiction of the Court

1. Petitions for declaration that a labour contract or collective labour agreement is invalid.

2. Petitions for consideration of the legality of a strike.

3. Petitions for recognition and enforcement in Vietnam or for [a decision] not to recognize a judgement
or decision of a foreign court relating to labour or for [a decision] not to recognize a judgement or
decision of a foreign court relating to labour for which no petition for enforcement in Vietnam is made.

4. Petitions for recognition and enforcement in Vietnam of foreign arbitration awards relating to labour.

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5. Other labour petitions except cases which fall under the jurisdiction of other agencies and
organizations as stipulated by law.

Article 34 Jurisdiction of Courts in respect of specific decisions of agencies and organizations

1. When resolving a civil affair, the court has the right to revoke the illegal specific decision of an
agency, organization or a competent person which infringes the lawful rights and interests of a litigant
in the civil affair which the Court has the duty to resolve.

2. The specific decision referred to in clause 1 above means a decision which was issued on a specific
issue and applied once to one or several specific entities. Where the civil affair relates to this
decision, the Court shall consider such decision in the same civil affair.

3. Upon considering revocation of a decision referred to in clause 1 above, the court must include the
agency, organization or competent person who issued the decision in the persons participating in
proceedings as a person with related rights and obligations.

The agency, organization or competent person who issued the decision must participate in the
proceedings and present its/his/her view on such specific decision which is being considered by the
Court for revocation.

4. The jurisdiction of the Court to resolve civil affairs in cases where a specific decision is considered for
revocation as prescribed in clause 1 above is determined in accordance with the corresponding
provisions of the Law on Administrative Procedures in relation to the jurisdiction of district people's
courts and provincial people’s courts.

SECTION 2

Jurisdiction of Courts at All Levels

Article 35 Jurisdiction of district people's Courts

1. District people's Courts have the jurisdiction to resolve at first instance the following disputes:

(a) Civil or marriage and family disputes specified in articles 26 and 28 except for the disputes
prescribed in article 26.7 of this Code;

(b) Business or commercial disputes specified in article 30.1 of this Code;

(c) Labour disputes specified in article 32 of this Code.

2. The district people's Courts have the jurisdiction to deal with the following petitions:

(a) Civil petitions specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of article 27;

(b) Petitions relating to marriage and family specified in clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of

article 29;

(c) Petitions relating to business or commerce specified in clauses 1 and 6 of article 31;

(d) Labour petitions specified in clauses 1 and 5 of article 33 of this Code.

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3. The disputes and petitions specified in clauses 1 and 2 of this article which involve a concerned party
or property abroad or require a judicial authorization to the representative mission of the Socialist
Republic of Vietnam abroad or a foreign court or competent foreign agency shall not fall under the
jurisdiction of the district people's Courts, except for the cases prescribed in clause 4 below.

4. The district people’s Courts of the locality where the place of residence of a Vietnamese citizen is
located shall annul illegal marriages, resolve divorces or disputes regarding rights and obligations of
spouses, parents and children, recognition of parents and children, adoption, and guardianship
between Vietnamese citizens residing in border areas and citizens of neighbouring countries residing
in border areas with Vietnam, in accordance with this Code and other laws of Vietnam.

Article 36 Jurisdiction of specialized Courts of district people's Courts

1. The civil court of a district people’s Court has jurisdiction to resolve at first instance civil, business,
commercial and labour affairs which fall under the jurisdiction of district people’s Courts prescribed in
article 35 of this Code.

2. The family and juvenile court of a district people’s Court has jurisdiction to resolve at first instance
marriage and family affairs which fall under the jurisdiction of district people’s courts prescribed in
article 35 of this Code.

3. Applicable to district people’s Courts which do not have specialized courts, the chief justice of the
Court is responsible for arranging trials and assigning a judge to resolve affairs which fall under the
jurisdiction of district people’s courts.

Article 37 Jurisdiction of provincial people's Courts

1. Provincial people's Courts have the jurisdiction to resolve at first instance the following affairs:

(a) Civil, marriage and family, business, commercial or labour disputes specified in articles 26, 28,
30 and 32, except for the disputes which fall under the jurisdiction of the district people's
Courts specified in clauses 1 and 4 of article 35 of this Code;

(b) Civil petitions and petitions relating to marriage and family, business, commerce or labour
specified in articles 27, 29, 31 and 33, except for the petitions which fall under the jurisdiction
of the district people's Courts specified in clauses 2 and 4 of article 35 of this Code;

(c) The disputes and petitions specified in clause 3 of article 35 of this Code.

2. The provincial people's court has jurisdiction to resolve at first instance civil affairs which fall under
the jurisdiction of district Courts as specified in article 35 of this Code but which the provincial court
deems necessary, or at the request of the district people's Court, to be tried by itself.

Article 38 Jurisdiction of specialized courts of provincial people's Courts

1. The civil court of a provincial people’s Court has jurisdiction:

(a) To resolve at first instance civil disputes or petitions which fall under the jurisdiction of
provincial people’s Courts prescribed in article 37 of this Code;

(b) To resolve in accordance with the appeal proceedings the affairs for which the civil judgement
or decision of a district people's court is not legally enforceable and is being appealed or
protested against in accordance with this Code.

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2. The family and juvenile court of a provincial people’s Court has the jurisdiction:

(a) To resolve at first instance disputes or petitions relating to marriage and family which fall under
the jurisdiction of the provincial people’s Court prescribed in article 37 of this Code;

(b) To resolve in accordance with the appeal proceedings the affairs for which the marriage and
family judgement or decision of a district people's court is not legally enforceable and is being
appealed or protested against in accordance with this Code.

3. The economic court of a provincial people’s Court has the jurisdiction:

(a) To resolve at first instance business or commercial disputes and petitions which fall under the
jurisdiction of provincial people’s Courts prescribed in article 37 of this Code;

(b) To resolve in accordance with the appeal proceedings the affairs for which a judgement or
decision relating to business or commerce of a district people's Court is not legally enforceable
and is being appealed or protested against in accordance with this Code.

4. The labour court of a provincial people’s Court has the jurisdiction:

(a) To resolve at first instance labour disputes and petitions which fall under the jurisdiction of
provincial people’s Courts prescribed in article 37 of this Code;

(b) To resolve in accordance with the appeal proceedings the affairs for which a labour judgement
or decision of a district people's court is not legally enforceable and is being appealed or
protested against in accordance with this Code.

Article 39 Jurisdiction of Courts by territories

1. Jurisdiction of Courts to resolve civil cases by territories is determined as follows:

(a) The Court of the locality in which the residence or workplace of the defendant is located if the
defendant is an individual or of the locality in which the head office of the defendant is based if
the defendant is an organization or agency, has jurisdiction to resolve at first instance the civil,
marriage and family, business, commercial or labour disputes specified in articles 26, 28, 30
and 32 of this Code;

(b) The concerned parties have the right to agree with each other in writing to petition the Court of
the locality in which the residence or workplace of the plaintiff is located if the plaintiff is an
individual or of the locality in which the head office of the plaintiff is based if the plaintiff is an
organization or agency, to resolve the civil, marriage and family, business, commercial or
labour disputes specified in articles 26, 28, 30 and 32 of this Code;

(c) If the subject in dispute is property, only the Court of the locality in which the property is
situated has jurisdiction to resolve [such dispute].

2. Jurisdiction of Courts to resolve civil matters by territories is determined as follows:

(a) The Court of the locality in which the residence or workplace of the person against whom a
petition for declaration of loss of capacity for civil acts or restricted capacity for civil acts or
difficulty in perceiving or controlling his/her own acts is made is situated, has jurisdiction to

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 deal with the petition for declaration of loss of capacity for civil acts or restricted capacity for
civil acts or difficulty in perceiving or controlling his/her own acts.

(b) The Court of the locality in which the last known place of residence of the person against
whom a petition for an order to search for the person who is absent from his or her place of
residence or a petition for declaration that such person is missing or dead is made, has
jurisdiction to deal with the petition for an order to search for such person who is absent from
his or her place of residence and for management of the property of such person or with the
petition for declaration that such person is missing or dead;

(c) The Court of the locality in which the person who makes a petition for revocation of a decision
declaring that a person has lost his/her capacity for civil acts or has restricted capacity for civil
acts or has difficulty in perceiving and controlling his/her own acts resides or works, has
jurisdiction to revoke such decision.

The Court which has issued the decision declaring that a person is missing or dead has
jurisdiction to deal with a petition for revocation of such decision declaring the person to be
missing or dead;

(d) The Court of the locality in which the person against whom enforcement of a civil, marriage
and family, business, commercial or labour judgement or decision of a foreign court is sought
resides or works in cases of the person against whom enforcement is sought being an
individual or of the locality in which the entity against whom enforcement is sought has its
principal office in cases if the entity against whom enforcement is sought is an organization or
agency or of the locality in which the property relating to enforcement of the judgement or
decision of a foreign court is situated, has jurisdiction to deal with petitions for recognition and
enforcement in Vietnam or for [a decision] not to recognize the civil, marriage and family,
business, commercial or labour judgement or decision of the foreign court;

(dd) The Court of the locality in which the petitioner resides or works if the petitioner is an individual
or of the locality in which the petitioner has its principal office if the petitioner is an organization
or agency, has jurisdiction to deal with petitions for [a decision] not to recognize a civil,
marriage and family, business, commercial or labour judgement or decision of a foreign court
for which no petition for enforcement in Vietnam is made;

(e) The Court of the locality in which the person against whom enforcement of a foreign arbitration
award is sought resides or works if the person against whom enforcement is sought is an
individual or of the locality in which the entity against whom enforcement is sought has its
principal office if such entity is an organization or agency or of the locality in which the property
relating to the enforcement of a foreign arbitration award is situated, has jurisdiction to deal
with petitions for recognition and enforcement in Vietnam of a foreign arbitration award;

(g) The Court of the locality in which the registration of an illegal marriage is made has jurisdiction
to deal with a petition for annulment of the illegal marriage;

(h) The Court of the locality in which the place of residence or workplace of one of the parties to
the divorce by consent, or an agreement on raising children and distributing property upon
divorce is located, has jurisdiction to deal with a petition for recognition of the divorce by
consent, or the agreement on raising children and distribution of property upon divorce;

(i) The Court of the locality in which the place of residence or workplace of one of the parties to
the agreement on a change of the person directly raising children after divorce is located, has

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 jurisdiction to deal with a petition for recognition of the agreement on a change of the person
directly raising children after divorce;

Where an agency, organization or individual petitions for change of the person directly raising
children after divorce, the Court of the locality in which the place of residence of the children is
situated has jurisdiction to deal with [such petition].

(k) The Court of the locality in which the residence or workplace of the father or mother of a minor
child is located has jurisdiction to deal with a petition for restriction of the rights of the father or
mother in respect of the minor child or of the rights of such person to visit the child after
divorce;

(l) The Court of the locality in which the residence or workplace of the adoptive father and mother
or adopted child is situated has jurisdiction to deal with a petition for termination of child
adoption;

(m) The Court of the locality in which the head office of the notarization practicing organization
which notarized the document is located has jurisdiction to deal with a petition for declaration
that a notarized document is null and void.

(n) The Court of the locality in which the head office of the competent agency for legal
enforcement is located or in which the property relating to the legal enforcement is located has
jurisdiction to deal with a petition for determining ownership or use right of the property and for
distributing common property for legal enforcement, and other petitions in accordance with the
Law on Civil Judgment Enforcement.

(o) Jurisdictions of Courts by territories to deal with petitions relating to the resolution of disputes
by Vietnam Commercial Arbitration is subject to the laws on commercial arbitration;

(p) The court of the locality in which the property is located, has jurisdiction to deal with a petition
for recognition that property existing in the territory of Vietnam has been abandoned or
recognition of the ownership rights of a person who currently controls an abandoned property
in the territory of Vietnam;

(q) The court of the locality in which the surrogate mother resides or works, has jurisdiction to deal
with a petition relating to her surrogacy;

(r) The court of the locality in which one of the persons who have the common property resides or
works, has jurisdiction to deal with a petition for recognition of an agreement on termination of
the effectiveness of the distribution of common property during the marital period which had
effect under the judgment or decision of the Court;

(s) The court of the locality in which the petitioner resides or works, has jurisdiction to deal with a
petition for recognition of a successful settlement outside Court;

(t) The court of the locality in which the place of residence or workplace of the petitioner is
situated has jurisdiction to deal with a petition for declaration that the agreement on the
spousal property regime is invalid in accordance with the law on marriage and family; and for
determination of who is a parent for a child [who is the parent of such child] or who is a child
for a parent [who is the child of such parent] in accordance with the law on marriage and
family;

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 (u) The court of the locality in which the head office of an enterprise is located has jurisdiction to
deal with a petition for revocation of a resolution of the general meeting of shareholders or a
resolution of the members' council;

(v) The court of the locality in which the labour contract or collective labour agreement was
entered into has jurisdiction to deal with a petition for declaration that such labour contract or
collective labour agreement is invalid;

(x) The court of the locality in which a strike takes place has jurisdiction to deal with a petition for
consideration of the legality of the strike;

(y) The jurisdiction of Courts by territories to deal with a petition for arrest of an aircraft or
seagoing ship is exercised in accordance with article 421 of this Code.

3. A civil case which has been accepted by a Court and is currently being resolved in accordance with
this Code on jurisdiction of courts by territories must continue to be resolved by such Court even if
there is a change of the place of residence, head office or transaction address of a concerned party
during resolution of the case.

Article 40 Jurisdictions of Courts as selected by the plaintiff or petitioner

1. The plaintiff has the right to select the Court to resolve a civil, marriage and family, business,
commercial or labour dispute in the following circumstances:

(a) Where [the address of] the place of residence, work place or head office of the defendant is
unclear, the plaintiff may petition the Court of the locality in which the place of residence,
workplace or last known head office of the defendant is located or where the property of the
defendant is situated, to hear the matter;

(b) Where a dispute arises from the operations of a branch of an organization, the plaintiff may
petition the Court of the locality in which the head office of the organization or where the
branch of the organization is located, to hear the matter;

(c) Where the defendant has no place of residence, workplace or head office in Vietnam or where
a case relates to a dispute regarding support, the plaintiff may petition the Court of the locality
in which his/her place of residence, workplace or head office is located, to hear the matter;

(d) Where a dispute relates to compensation for non-contractual damages, the plaintiff may
petition the Court of the locality in which his/her place of residence, workplace or head office is
located or where the case causing damage occurred, to hear the matter;

(dd) Where the dispute relates to payment of compensation for damage, payment of allowances
upon termination of a labour contract, social insurance, health insurance, unemployment
insurance, the rights and interests relating to employment, salaries, income and other labour
conditions in respect of an employee, the plaintiff being the employee may petition the Court of
the locality in which his place of residence or workplace is located, to hear the matter.

(e) Where the dispute arises from the employment by an employer being a contractor or an
intermediate, the plaintiff has the right to petition the Court of the locality in which the place of
residence, workplace or head office of the principal employer or where the place of residence
or workplace of the contractor or the intermediate is located, to hear the matter.

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 (g) Where the dispute arises from a contractual relation, the plaintiff may petition the Court of the
locality in which the contract is performed, to hear the matter.

(h) Where the defendants have residencies, workplaces or head offices in different localities, the
plaintiff may petition the Court of the locality in which one of the defendants' residence,
workplace or head office is located, to hear the matter;

(i) Where the dispute relates to immoveable property located in different localities, the plaintiff
may petition the Court of the locality in which one of the immoveable properties is located, to
resolve the matter.

2. The petitioner has the right to select a Court to deal with its civil or marriage and family petition in the
following circumstances:

(a) With respect to civil petitions specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 of article 27 of this
Code, the petitioner may petition the Court of the locality in which his or her place of residence,
workplace or head office is located or the property of the person against whom the petition is
made is located, to deal with the matter;

(b) With respect to petitions for annulment of an illegal marriage specified in article 29.1 of this
Code, the petitioner may petition the Court of the locality in which one of the parties which
registered the illegal marriage, to deal with the matter;

(c) With respect to petitions for restriction of the right of a father or mother in respect of a minor
child or of the right of such person to visit the child after divorce, the petitioner may petition the
Court of the locality in which the child resides, to deal with the matter.

Article 41 Transfer of civil affairs to another court; resolution of disputes about jurisdiction

1. If a Court believes that a civil affair which has been accepted by it does not fall under its jurisdiction,
that Court shall make a decision transferring the file of the civil affair to the Court with the appropriate
jurisdiction and remove such case from the book of acceptance. That decision shall be forwarded
promptly to the procuracy of the same jurisdiction, and to litigants and the agencies, organizations
and individuals [entities] concerned.

The litigants and entities concerned have the right to lodge a complaint and the procuracy has the
right to lodge a petition against such decision within a time-limit of three working days from the date
of receipt of the decision. The chief justice of the Court which has issued the decision transferring
the civil affair shall resolve the complaint or petition within three working days from the date of receipt
of the complaint or petition. The decision of the chief justice of the Court shall be final.

2. Disputes about jurisdiction between district people's Courts in the same province or city under central
authority shall be resolved by the chief justice of the provincial people's Court.

3. Disputes about jurisdiction between district people's Courts in different provinces or cities under
central authority or between provincial people's Courts which fall under the jurisdiction of the superior
people's Court by territories shall be resolved by the chief justice of the superior people's Court.

4. Disputes about jurisdiction between district people's Courts in different provinces or cities under
central authority or between provincial people's Courts which fall under the jurisdiction of different
superior people's Courts by territories shall be resolved by the Chief Justice of the Supreme People's
Court.

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Article 42 Merger or division of cases

1. The Court may consolidate two or more cases which have been accepted separately by the Court to
form one case for resolution if the consolidation and resolution in that one case is in compliance with
law.

Applicable to cases in which several persons jointly petition for a legal action against the same
individual or same agency or organization, the court may consolidate their petitions to be resolved in
the same one case.

2. The Court may divide one case with different claims into two or more cases if the division and
resolution of such multiple cases is in compliance with law.

3. Upon consolidation or division of a case specified in clauses 1 and 2 of this article, the Court which
has accepted the case must issue a decision and forward it promptly to the procuracy of the same
jurisdiction, and to litigants and the entities concerned.

SECTION 3

Resolution of Civil Affairs in Cases Where There is No Law for Application

Article 43 Principle of determination of jurisdiction of Court in cases where there is no law for application

The jurisdiction of a Court to accept and resolve a civil affair in cases where there is no law for application
shall be exercised in accordance with articles 35 to 41 of this Code.

Article 44 Sequence and procedures for acceptance and resolution of civil affairs in cases where there is
no law for application

The sequence and procedures for acceptance and resolution of civil affairs in cases where there is no law
for application shall be carried out in accordance with this Code.

Article 45 Principle of resolution of civil affairs in cases where there is no law for application

1. Application of customs is stipulated as follows:

The Court shall apply customs to resolve a civil affair where the parties fail to reach an agreement
and the law does not have any relevant provisions. Such customs are not be permitted to be
contrary to the basic principles of the civil law stipulated in article 3 of the Civil Code.

Upon petition to a Court for resolution of a civil affair, a litigant has the right to refer to customs in
order to petition the Court for consideration and application.

The Court is responsible for determining the applicability of the customs in order to ensure
compliance with article 5 of the Civil Code.

Where the litigants refer to different customs, the customs with validity for the application are the
customs admitted in the locality where the civil affairs arise.

2. Application of legal analogy [similarity] is stipulated as follows:

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 The Court shall apply legal analogy to resolve a civil affair where the parties fail to reach an
agreement, and where the law does not have relevant provisions and there are no customs which
apply in accordance with article 5 of the Civil Code and clause 1 above.

Upon application of legal analogy, the Court must determine clearly the legal nature of the civil affair
and ascertain clearly that the current legal system does not have any legal provisions that govern
such relation and define what legal provisions govern the analogous civil relation.

3. Application of the basic principles of the civil law, case precedents or equity is stipulated as follows:

The Court shall apply basic principles, case precedents or equity to resolve a civil affair when it is
unable to apply customs or legal analogy in accordance with articles 5 and 6.1 of the Civil Code and
clauses 1 and 2 above.

Basic principles of the civil law mean the principles stipulated in article 3 of the Civil Code.

Case precedents which are studied and applied by the court in resolving civil affairs means those
selected by the Judicial Council of the Supreme People's Court and announced by the Chief Justice
of the Supreme People’s Court.

Equity is determined on the basis of reasons admitted by everyone in society, conform with the
principles of humanity, impartiality and equality in terms of rights and obligations of the concerned
parties in such civil affair.

CHAPTER IV

Agencies Conducting Proceedings, Persons Conducting Proceedings and Replacement of Persons

Conducting Proceedings

Article 46 Agencies conducting proceedings and persons conducting proceedings

1. Agencies conducting proceedings comprise:

(a) Courts;

(b) Procuracies.

2. Persons conducting civil proceedings comprise:

(a) Chief justices, judges, people's jurors, verifiers and court clerks;

(b) Chief prosecutors, prosecutors and controllers.

Article 47 Duties and powers of chief justices

1. The chief justice has the following duties and powers:

(a) To organize the work of resolution of civil affairs which fall under the jurisdiction of the Court;
and to ensure implementation of the principle that judges and people's jurors conducting trials
are independent and submit only to law;

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 (b) To make decisions assigning a judge to accept a civil affair, judges to resolve civil affairs or
people's jurors to participate in a council of adjudicators to hear a civil case; and decisions
assigning verifiers or court clerks to conduct the proceedings in respect of a civil affair and to
ensure compliance with the principle stipulated in article 16.2 of this Code;

(c) To make decisions replacing a judge, people's juror, verifier or court clerk prior to the
commencement of a trial;

(d) To make decisions replacing an expert or interpreter prior to the commencement of a trial;

(dd) To issues decisions and conduct civil proceedings in accordance with this Code;

(e) To resolve complaints and denunciations in accordance with this Code;

(g) To protest against legally enforceable judgments and decisions of the Court in accordance with
the procedure for judicial review or for a new trial stipulated by this Code or to propose that the
chief justice of the court with the appropriate jurisdiction consider and protest against legally
enforceable judgments or decisions of courts in accordance with the procedure for judicial
review or new trial procedure;

(h) To propose that the competent State agency consider, amend or revoke a legal instrument if it
discovers signs of a contravention of the Constitution, a law or resolution of the National
Assembly, ordinance or resolution of the Standing Committee of the National Assembly, or a
legal instrument of a State agency at the higher level as stipulated by this Code;

(i) To deal in accordance with law with acts of interfering in civil litigation activities;

(k) To perform other duties and powers in accordance with law.

2. When the chief justice is absent, a deputy chief justice shall be assigned by the chief justice to
perform the duties and powers of the chief justice, except for the right to protest specified in clause
1(g) above. The deputy chief justice shall be accountable to the chief justice for the performance of
the assigned duties and powers.

Article 48 Duties and powers of judges

A judge who is assigned by the chief justice of the Court has the following duties and powers:

1. To deal with applications to initiate a legal action and petitions, and to accept civil affairs in
accordance with this Code.

2. To prepare civil affair files.

3. To collect and verify evidence and hold trials or meetings in order to resolve civil affairs in accordance
with this Code

4. To make decisions granting, amending or revoking preliminary injunctive relief.

5. To make decisions suspending or temporarily suspending the resolution of civil affairs or decisions
resuming resolution of civil affairs.

6. To explain or guide the concerned parties to exercise their right to ask for legal aid in accordance with
the law on legal aid.

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7. To hold a meeting to check the delivery of, access to and disclosure of evidence and to conduct a
conciliation, or to issue a decision acknowledging the agreement of the concerned parties in
accordance with this Code.

8. To issue decisions conducting trials of civil cases or resolving civil matters.

9. To summons persons participating in trials or meetings.

10. To chair or participate in hearings of civil cases or resolution of civil matters.

11. To request that the chief justice assign a verifier to assist in conducting litigation activities in
accordance with this Code.

12. To discover and request the chief justice to propose that the competent State agency consider,
amend or revoke a legal instrument demonstrating signs of contravention of the Constitution, a law or
resolution of the National Assembly, ordinance or resolution of the Standing Committee of the
National Assembly, or a legal instrument of a State agency at the higher level as stipulated by this
Code.

13. To deal in accordance with law with acts of obstructing civil proceedings.

14. To conduct other civil proceedings upon resolution of civil affairs in accordance with this Code.

Article 49 Duties and powers of people's jurors

A people's juror who is assigned by the chief justice of the Court has the following duties and powers:

1. To study files of cases prior to the commencement of a trial.

2. To propose the chief justice or judge to issue necessary decisions subject to his or her authority.

3. To participate in the Council of Adjudicators of civil cases.

4. To conduct proceedings and have the same powers as judges upon voting on issues which fall under
the authority of the council of adjudicators.

Article 50 Duties and powers of verifiers

A verifier who is assigned by the chief justice of the Court has the following duties and powers:

1. To verify files of civil affairs for which a judgment or decision of the Court has been legally
enforceable but it is necessary to review [such judgement or decision] in accordance with the
procedure for judicial review or new trial procedure.

2. To conclude the verification and report the verification result or to propose a plan on resolution of a
civil affair to the chief justice.

3. To collect data and evidence relating to civil affairs in accordance with this Code.

4. To support judges in conducting proceedings in accordance with this Code.

5. To perform other duties in accordance with this Code.

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Article 51 Duties and powers of court clerks

A court clerk who is assigned by the chief justice of the Court has the following duties and powers:

1. To carry out preparation for necessary professional activities prior to the commencement of a trial.

2. To disseminate the internal rules of the Court.

3. To check and report to the Council of Adjudicators a list of persons who are summonsed to the trial.

4. To prepare trial transcripts, minutes of meetings and records of testimony of persons participating in
proceedings.

5. To perform other duties in accordance with this Code.

Article 52 Circumstances in which persons conducting proceedings must decline from participating in a
trial or be replaced

A person conducting proceedings must decline to conduct the proceedings or be replaced in the following
circumstances:

1. Such person is also a concerned party, or a representative or relative of a concerned party;

2. Such person has participated in proceedings as a person protecting the lawful rights and interests of
a concerned party, as a witness giving evidence, or as an expert or interpreter in the same affairs;

3. There are grounds for believing that such person cannot be objective in performing his or her duties.

Article 53 Replacement of judges and people's jurors

A judge or people's juror must decline to conduct the proceedings or be replaced in the following
circumstances:

1. He or she falls under one of the cases specified in article 52 of this Code;

2. He or she participates in the same Council of Adjudicators and is personally related; in this case, only
one person is permitted to conduct the proceedings.

3. He or she has participated in resolution of such civil affair in accordance with the first instance,
appeal, judicial review or retrial procedure and issued a first instance judgement, judgement or
decision of the appeal Court, decision on the basis of the judicial review or new trial, decision
resolving the civil affair, decision to suspend the affair or decision recognizing the agreement of the
concerned parties, except where he or she is a member of the Judicial Council of the Supreme
People's Court or the Judges' Committee of a superior court in which case he or she may still
participate in resolution of such affair on the basis of judicial review or retrial.

4. He or she participated in a hearing of the same case as a verifier, court clerk, prosecutor or controller.

Article 54 Replacement of court clerks and verifiers

A court clerk or verifier must decline to conduct the proceedings or be replaced in the following
circumstances:

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1. He or she falls under one of the cases specified in article 52 of this Code;

2. He or she has participated in a hearing of the same affair as a judge, people's juror, verifier, court
clerk, prosecutor or controller.

3. He or she is a relative of one of the other persons conducting proceedings in such affair.

Article 55 Procedure for refusal to conduct proceedings or request for replacement of judges, people's
jurors, verifiers and court clerks

1. The refusal to conduct proceedings or the request for replacement of a judge, people's juror, verifier
or court clerk prior to the commencement of a trial or meeting must be made in writing, specifying the
reasons and grounds of the refusal to conduct proceedings or of the request to replace a person
conducting proceedings.

2. The refusal to conduct proceedings or the request to replace the persons prescribed in clause 1
above during a trial or meeting shall be recorded in the trial transcript or minutes of meeting.

Article 56 Decisions to replace judges, people's jurors, verifiers and court clerks

1. Prior to the commencement of a trial, the replacement of a judge, juror, verifier or court clerk shall be
decided by the chief justice of the Court. Where the judge to be replaced is the chief justice of the
Court, the authority to decide the replacement is as follows:

(a) The [replacement of] the judge being the chief justice of a district people's court is decided by
the chief justice of the provincial people's court;

(b) The [replacement of] the judge being the chief justice of a provincial people's court is decided
by the chief justice of the superior people's court with jurisdiction by territories over such
provincial people's court;

(c) The [replacement of] the judge being the chief justice of a superior people's court is decided by
the Chief Justice of the Supreme People's Court

2. During a trial, the replacement of a judge, juror, verifier, or court clerk shall be decided by the Council
of Adjudicators after considering the opinion of the person against whom the request for replacement
is made. The Council of Adjudicators shall discuss the replacement in the jury-room and reach a
majority decision. In cases where a judge, juror, verifier or court clerk must be replaced, the Council
of Adjudicators shall make a decision to adjourn the trial. The chief justice shall decide on
appointment of a judge, juror, verifier or court clerk to replace the person who is replaced. If the judge
to be replaced is the chief justice of the Court, the authority to make the decision is subject to clause
1 above

3. The replacement of a judge or court clerk upon resolution of a civil matter shall be carried out in
accordance with clauses 1 and 2 of article 368 of this Code.

4. The chief justice must, within a time-limit of three working days from the date of adjournment of the
trial or meeting, appoint a replacement.

Article 57 Duties and powers of chief prosecutors of procuracies

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1. When supervising compliance with the law during civil proceedings, the chief prosecutor of a
procuracy has the following duties and powers:

(a) To organize and direct the performance of the supervision of compliance with law during the
civil proceedings;

(b) To make decisions assigning prosecutors to supervise compliance with law during the civil
proceedings or participate in trials of civil cases or meetings to resolve civil matters in
accordance with this Code and give notification thereof to the Court; to make decisions
assigning prosecutors to conduct proceedings in respect of civil affairs in order to ensure
proper implementation of the principles stipulated in article 16.2 of this Code;

(c) To make decisions replacing prosecutors or controllers;

(d) To protest against judgments and decisions of the Court in accordance with the proceedings
for appeal, judicial review or a new trial stipulated by this Code;

(dd) To make requests or proposals in accordance with this Code;

(e) To resolve complaints and denunciations in accordance with this Code;

(g) To perform other duties and powers in accordance with the law.

2. When the chief prosecutor is absent, a deputy chief prosecutor shall be assigned by the chief
prosecutor to perform the duties and powers of the chief prosecutor except for the right to make
decisions protesting [a judgement or decision of the Court] specified in clause 1(d) above. The
deputy chief prosecutor shall be accountable to the chief prosecutor for the performance of the
assigned duties and powers.

Article 58 Duties and powers of prosecutors

A prosecutor who is assigned by the chief prosecutor with the responsibility to supervise compliance with
law during civil proceedings has the following duties and powers:

1. To supervise the return of applications for a legal action or petition.

2. To supervise the acceptance and resolution of civil affairs.

3. To study files of affairs; to request that the Court verify or collect evidence during resolution of civil
affairs in accordance with this Code; and to collect data or evidence as prescribed in article 97.6 of
this Code.

4. To participate in trials or meetings and to present the view of the procuracy about the resolution of
affairs in accordance with this Code;

5. To supervise judgements and decisions of the Court;

6. To request or propose that the Court properly conduct proceedings in accordance with this Code.

7. To propose that the competent chief prosecutor protest against judgements or decision of the Court
in breach of law.

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8. To supervise proceedings conducted by persons participating in the proceedings; and require or
propose that the competent agency or organization deal strictly with persons participating in the
proceedings in breach of law.

9. To perform other duties and powers in civil proceedings which fall under the authority of the
procuracy in accordance with this Code.

Article 59 Duties and powers of controllers

A controller who is assigned with the responsibility to conduct proceedings has the following duties and
powers:

1. To study files of affairs and report the result thereof to the prosecutor.

2. To prepare files of inspection of civil affairs as assigned by the prosecutor or the chief prosecutor.

3. To assist prosecutors in supervising compliance with law during civil proceedings.

Article 60 Replacement of prosecutors and controllers

A prosecutor or controller must decline to conduct proceedings or be replaced in the following

circumstances:

1. He or she falls under one of the cases specified in article 52 of this Code;

2. He or she has participated in a hearing of the same affair as a judge, people's juror, verifier, court
clerk, prosecutor or controller.

Article 61 Procedure for refusal to conduct proceedings or request to replace prosecutors and controllers

1. The refusal to conduct proceedings or the request for replacement of a prosecutor prior to the
commencement of a trial must be made in writing, specifying reasons and grounds of the refusal [to
conduct proceedings] or request to replace the prosecutor.

The refusal to conduct proceedings or the request to replace a controller must be made in writing,
specifying reasons and grounds of the refusal [to conduct proceedings] or request to replace the
controller.

2. The refusal to conduct proceedings or the request to replace a prosecutor during a trial shall be
recorded in the trial transcript.

Article 62 Decisions to replace prosecutors and controllers

1. Prior to the commencement of a trial, the replacement of a prosecutor shall be decided by the chief
prosecutor of the procuracy of the same jurisdiction; where the prosecutor to be replaced is the chief
prosecutor of the procuracy, the chief prosecutor of the procuracy of the immediately higher
jurisdiction shall decide on the replacement.

The replacement of a prosecutor shall be decided by the chief prosecutor of the procuracy of the
same jurisdiction.

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2. During a trial, the replacement of a prosecutor shall be decided by the Council of Adjudicators after
considering the opinion of the person against whom the request for replacement is made. The council
of adjudicators shall discuss the replacement in the jury-room and reach a majority decision.

If a prosecutor must be replaced, the Council of Adjudicators shall make a decision to adjourn the
trial. The chief prosecutor of the procuracy of the same jurisdiction shall decide on appointment of a
prosecutor to replace the prosecutor who is replaced. If the prosecutor to be replaced is the chief
prosecutor of the procuracy, the chief prosecutor of the procuracy of the immediately higher
jurisdiction shall decide on the replacement.

3. The replacement of a prosecutor during resolution of a civil matter shall be carried out in accordance
with article 368.3 of this Code.

4. The chief prosecutor must, within a time-limit of three working days from the date of adjournment of
the trial or meeting, appoint a replacement and give notification thereof in writing to the Court.

CHAPTER V

Composition [of Council of Adjudicators] Resolving Civil Affairs

Article 63 Council of Adjudicators with first instance jurisdiction for civil cases

The Council of Adjudicators with first instance jurisdiction for civil cases shall comprise one judge and two
people's jurors, except for the case prescribed in article 65 of this Code. In special cases, the Council of
Adjudicators with first instance jurisdiction may comprise two judges and three people's jurors.

Applicable to cases in which a litigant is a minor, a people's juror must be a person who has worked or
currently works for Ho Chi Minh Communist Youth Union, Vietnam Women's Union, the State administrative
agency for families or the State administrative agency for children.

Applicable to labour cases, a people's juror must be a person who has worked or currently works for an
organization acting as the representative of a labour collective or who has knowledge of the labour law.

Article 64 Council of Adjudicators with appellate jurisdiction for civil cases

The Council of Adjudicators with appellate jurisdiction shall comprise three judges, except for the case
prescribed in article 65 of this Code.

Article 65 Hearing of civil cases in accordance with summary procedures

Hearings at first instance or appeal hearings of a civil case in accordance with the summary procedures is
conducted by one judge.

Article 66 Council of Adjudicators for a judicial review or a retrial for civil cases

1. The Judges' Committee of a superior people's Court conducts judicial review or retrial hearings by a
Council of Adjudicators comprising three judges or the whole of the Judges' Committee of the
superior people's Court.

2. The Judges' Committee of the Supreme People's Court conducts judicial review or retrial hearings by
a Council of Adjudicators comprising five judges or all judges of the Supreme People's Court

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Article 67 Composition [of Council of Adjudicators] resolving civil matters

1. The civil, marriage and family, business, commercial, labour petitions specified in clause 5 of article
27, clause 9 of article 29, clauses 4 and 5 of article 31 and clauses 2, 3 and 4 of article 33 of this
Code or appeals or protests against decisions resolving civil matters shall be dealt with by a panel
comprising three judges.

2. Civil, marriage and family, business, commercial, labour petitions other than the petitions specified in
clause 1 of this article shall be dealt with by one judge.

3. Composition [of Councils of Adjudicators] resolving petitions relating to business or commerce

specified in clause 2 of article 31 of this Code shall be subject to the provisions of the law on
commercial arbitration.

CHAPTER VI

Persons Participating in Proceedings

SECTION 1

Parties in Civil Affairs

Article 68 Parties in civil affairs

1. Parties in a civil case shall be agencies, organizations and individuals including the plaintiff,
defendant and persons with related rights and obligations.

Parties in a civil matter shall be agencies, organizations and individuals including the person lodging
the petition for resolution of the civil matter and persons with related rights and obligations.

2. The plaintiff in a civil case shall be the person taking the legal action or person [on behalf of whom]
an agency, organization or another individual as stipulated by this Code takes a legal action in order
to petition the Court to resolve the civil case when it believes that the lawful rights and interests of
such person are infringed.

Agencies and organizations as stipulated by this Code taking a legal action in order to petition the
Court to protect the public interests or interests of the State in the sector under their authority shall
also be plaintiffs.

3. The defendant in a civil case shall be a person against whom the plaintiff takes the legal action or
against whom another agency, organization or individual as stipulated by this Code takes the legal
action in order to petition the Court to resolve the civil case when he or she believes that the lawful
rights and interests of the plaintiff are infringed by such person.

4. A person with related rights and obligations in a civil case shall be the person who does not take the
legal action or against whom the legal action is not taken but who has rights or obligations relating to
the resolution of the civil case, thus he or she may participate in the proceedings as a person with
related rights and obligations upon his or her own petition or the petition of other concerned parties
and with approval from the Court.

Where the resolution of a civil case relates to the rights and obligations of a person but nobody
proposes the participation of such person in the proceedings as a person with related rights and

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 obligations, the Court must include him or her in the persons participating in the proceedings as a
person with related rights and obligations.

5. The person lodging the petition for resolution of the civil matter shall be the person who petitions a
Court to acknowledge or not to acknowledge an event as a basis for establishment of his or her civil,
marriage and family, business, commercial or labour rights or obligations or the civil, marriage and
family, business, commercial or labour rights or obligations of another agency, organization or
individual; or petitions a Court to acknowledge that he or she has civil, marriage and family, business,
commercial or labour rights.

6. A person with related rights and obligations in a civil matter shall be the person who does not lodge
the petition for resolution of such civil matter but who has rights or obligations relating to the
resolution of the civil matter, thus he or she may participate in the proceedings as a person with
related rights and obligations upon his or her own petition or the petition of a concerned party and
with approval of the Court.

Where the resolution of a civil matter relates to the rights and obligations of a person but nobody
proposes the participation of such person in the proceedings as a person with related rights and
obligations, the Court must include him or her in the persons participating in the proceedings as a
person with related rights and obligations in the civil matter.

Article 69 Legal capacity for civil proceedings and capacity for acts in civil proceedings of litigants

1. The legal capacity for civil proceedings is the capability to have rights and obligations in civil
proceedings as stipulated by law. All agencies, organizations and individuals have equal legal
capacity in civil proceedings to petition the Court to protect their lawful rights and interests.

2. The capacity for acts in civil proceedings is the capability to himself or herself exercise rights and
obligations in civil proceedings or to authorize a representative to participate in the civil proceedings.

3. Litigants who are eighteen (18) or more years of age have full capacity for acts in civil proceedings,
except for persons losing the capacity for civil acts or otherwise stipulated by law.

With respect to persons with restricted capacity for civil acts or persons having difficulty in perceiving
or controlling their own acts, their capacity for acts in civil proceedings is determined pursuant to the
decision of a Court.

4. Litigants who are under six (6) years of age or persons who lose the capacity for civil acts do not
have the capacity for acts in civil proceedings; the exercise of their rights and performance of their
obligations in civil proceedings or protection of their lawful rights and interests at the Court shall be
conducted by their legal representative.

5. With respect to litigants who are between six and under fifteen (15) years of age, the exercise of their
rights and performance of their obligations in civil proceedings or the protection of their lawful rights
and interests at the Court shall be conducted by their legal representative.

With respect to persons with restricted capacity for civil acts or persons having difficulty in perceiving
or controlling their own acts, the exercise of their rights and performance of their obligations in civil
proceedings or the protection of their lawful rights and interests is determined pursuant to the
decision of the Court.

6. Litigants who are persons between fifteen (15) and under eighteen (18) years of age and have
worked on the basis of a labour contract or performed civil transactions [secured] by their own

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 property may participate themselves in proceedings concerning matters relating to such labour
relations or civil relations. In this case, the Court has the right to summons their legal representative
to participate in the proceedings. With respect to other matters, the exercise of the rights and
obligations of litigants in civil proceedings at the court shall be conducted by their legal
representative.

7. Where a litigant is an agency or organization, its legal representative shall participate in the
proceedings.

Article 70 Rights and obligations of litigants

Litigants have equal rights and obligations upon participating in proceedings. When participating in
proceedings, a litigant has the following rights and obligations:

1. To respect the Court, and abide strictly by the court rules.

2. To pay a court fee deposit, fee deposit, court fees, fees and other expenses for proceedings in
accordance with the law.

3. To provide fully and exactly the address of his or her place of residence or head office; and notify in a
timely manner other litigants and the Court of any change of the address of his or her place of
residence or head office during resolution of the affair by the Court.

4. To uphold, change or supplement his or her petition in accordance with this Code.

5. To provide data and evidence; or to substantiate [by means of evidence] in order to protect his or her
lawful rights and interests.

6. To request any agency, organization or individual [entity] which is holding or managing data or
evidence to provide such data or evidence to him or her.

7. To petition the Court to verify or collect data and evidence of the affair which he or she is unable to
collect himself or herself; or petition that the Court request other litigants to produce data and
evidence in their possession; or petition that the Court make a decision requesting any entity which
who currently holds or controls data and evidence to provide such data and evidence; and petition
that the Court summons a witness, to seek an opinion or make a decision evaluating assets.

8. To be informed and take notes or photocopy data and evidence presented by other parties or
collected by the Court, except for the data and evidence prescribed in article 109.2 of this Code.

9. To be obliged to send to other litigants or their lawful representatives a photocopy of the application
for the legal action and data or evidence, except for the data and evidence already obtained by other
litigants and the data and evidence prescribed in article 109.2 of this Code.

If unable to photocopy or send a photocopy of the application for a legal action, data or evidence for
proper reasons, litigants have the right to request the Court for assistance.

10. To submit to the Court interlocutory motions for application, change or cancellation of preliminary
injunctive relief.

11. To reach agreement with other litigants on settlement of the case; to participate in the conciliation
held by the Court.

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12. To receive proper notices in order to exercise his or her rights and perform his or her obligations.

13. To protect or engage other persons to protect his or her lawful rights and interests.

14. To request the replacement of a person conducting the proceedings or persons participating in the
proceedings in accordance with this Code.

15 To participate in trials or meetings in accordance with this Code.

16. To be present at the trial upon being summonsed by the Court and to comply with decisions of the
Court during the resolution of the affair by the Court.

17. To petition the Court to include a person with related rights and obligations in [persons] participating
in the proceedings.

18. To petition the Court to temporarily suspend resolution of the affair in accordance with this Code.

19. To put questions about matters relating to the case to other persons or to suggest to the court
matters about which a question should be put to other persons; to cross-examine other litigants or
witnesses.

20. To contest issues at the trial, and make arguments about evaluation of evidence and applicable law.

21. To be issued with an excerpt of the judgment8 or decision of the Court.

22. To lodge an appeal or complaint against the judgment or decision of the Court in accordance with this
Code.

23. To request any person authorized to lodge a protest against a legally enforceable judgment or
decision of the Court in accordance with the procedure for judicial review or retrial.

24. To comply strictly with legally enforceable judgements or decisions of the Court.

25. To exercise amicably the rights of litigants and not to abuse such rights to obstruct the proceedings of
the Court or other litigants; to take any consequence of failure to perform his or her obligations as
stipulated by this Code.

26. Other rights and obligations stipulated by law.

Article 71 Rights and obligations of plaintiffs

1. Plaintiffs have the rights and obligations of a litigant specified in article 70 of this Code;

2. To change the contents of the petition for the legal action; or to withdraw all or part of the petition for
the legal action.

3. To accept or reject all or part of the counter-claims of the defendant or persons with related rights and
obligations making an independent claim.

Article 72 Rights and obligations of defendants

1. Defendants have the rights and obligations of a litigant specified in article 70 of this Code.

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2. To be informed by the Court that they have been named as the defendant to the legal action.

3. To accept or reject all or part of the claims of the plaintiff, or of persons with related rights and
obligations making an independent claim.

4. To make a counter-claim against the plaintiff regarding a matter relating to the claim of the plaintiff or
a claim for set-off against the obligation to the plaintiff; with respect to counter-claims, a defendant
has the rights and obligations of a plaintiff specified in article 71 of this Code.

5. To make an independent claim against a person with related rights and obligation when such
independent claim relates to the resolution of the case. With respect to the independent claim, the
defendant has the rights and obligations of a plaintiff specified in article 71 of this Code.

6. If the counter-claim or independent claim is not accepted by the Court for resolution in the same
case, the defendant has the right to initiate another legal proceeding.

Article 73 Rights and obligations of persons with related rights and obligations

1. A person with related rights and obligations has the following rights and obligations:

(a) The rights and obligations specified in article 70 of this Code;

(b) To make an independent claim or participate in the proceedings together with the plaintiff or
defendant.

2. A person with related rights and obligations making an independent claim which relates to the
resolution of the case has the rights and obligations of a litigant specified in article 71 of this Code. If
the independent claim is not accepted by the Court for resolution in the same case, the person with
related rights and obligations has the right to initiate another legal proceeding.

3. A person with related rights and obligations, if he or she participates in the proceeding together with
the plaintiff or only has [related] rights, has the rights and obligations of a plaintiff specified in article
71 of this Code.

4. A person with related rights and obligations, if he or she participates in the proceeding together with
the defendant or only has [related] obligations, has the rights and obligations of a defendant specified
in article 72 of this Code.

Article 74 Bequeathing rights and obligations to litigate

1. Where a concerned party dies after such individual was participating in the proceedings and his or
her rights and obligations in relation to the estate are bequeathed to an heir, such heir shall
participate in the proceedings.

2. Where a concerned party which is an agency or organization and which is participating in

proceedings has to terminate its operation, is consolidated, merged, divided, demerged or transfers
its form of ownership, the succession to the civil litigation rights and obligations of such agency or
organization shall be regulated as follows:

(a) Where the organization which has to terminate its operation or is dissolved is a shareholding
company, limited liability company or partnership, then an individual or organization being a
member of such organization or its representative shall participate in the proceedings;

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 (b) Where the agency or organization which has to terminate its operation or is dissolved is a
State agency, unit of the people's armed forces, political organization, socio-political
organization, socio-political and occupational organization, social organization, socio-
occupational organization or State owned enterprise, then the legal representative of the
immediately superior agency or organization of such agency or organization or the legal
representative of an agency or organization which succeeds to the rights and obligations of the
former agency or organization shall participate in the proceedings;

(c) Where an organization has been consolidated, merged, divided, demerged or has transferred
its form of ownership, the individual or organization which succeeds to the rights and
obligations of the [former] organization shall participate in the proceedings.

3. Where the owner of an organization is changed resulting in transfer of the rights and obligations to a
new owner, the new owner shall succeed to the litigation rights and obligations.

4. Where an organization receives a transfer of rights and obligations in accordance with the civil law,
such organization shall succeed to the litigation rights and obligations.

5. Where an organization which is not a legal entity participates in civil relations but its representative
participating in the proceedings dies, such organization must delegate another person to act as the
representative in order to participate in the proceedings; where such organization cannot delegate a
representative or has to terminate its operation or is dissolved, the individuals being members of
such organization shall participate in the proceedings.

SECTION 2

Other Parties to Litigation

Article 75 Person protecting the lawful rights and interests of litigants

1. A person protecting the lawful rights and interests of a litigant shall be the person who participates in
the proceedings in order to protect the lawful rights and interests of the litigant.

2. The following persons shall be permitted to act as the person protecting the lawful rights and
interests of a litigant upon request of such litigant and if the Court carries out the procedures for
registering them to act as a person protecting the lawful rights and interests of the litigant:

(a) Lawyers who participate in proceedings in accordance with the law on lawyers;

(b) Legal aid officers or legal aid participants in accordance with the law on legal aid;

(c) Representatives of the organization acting as the representative of a labour collective being
the person protecting the lawful right and interests of employees in labour affairs in accordance
with the law on labour or trade unions

(d) Vietnamese citizens who have full capacity for civil acts and do not have any sentence record,
or whose sentence record has been removed, or who have not been subject to application of
measures dealing with administrative [offences], and who are not officials or State employees
of courts, procuracies or State employees, officers and non-commissioned officers of public
security authorities.

3. Any one person protecting the lawful rights and interests of a litigant may protect the lawful rights and
interests of a number of litigants in a case if the lawful rights and interests of such litigants are not in

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 conflict with each other. A number of persons protecting the lawful rights and interests of litigants
may jointly protect the rights and interests of one litigant in a case.

4. A person who requests the Court to carry out the procedures for registration as a person protecting
the lawful rights and interests of a litigant must present the following documents:

(a) A lawyer produces the documents in accordance with the Law on Lawyers;

(b) A legal aid officer or legal aid participant presents a written delegation of the legal aid
providing-organization to a person to provide legal aid and a legal aid officer card or lawyer's
card;

(c) A representative of the organization acting as the representative of a labour collective presents
a written delegation from such organization to her or him to protect the lawful rights and
interests of an employee or labour collective;

(d) A Vietnamese citizen who satisfies all the conditions prescribed in clause 2(d) above presents
the written request of the litigant and his/her identification papers.

5. After checking the documents and considering that the requester [applicant] satisfies all conditions
for acting as the person protecting the lawful rights and interests of a litigant prescribed in clauses 2,
3 and 4 above, the Court shall, within a time-limit of three working days from the date of receipt of the
request, make an entry in the register of persons protecting the lawful rights and interests of litigants
and confirm on the written request of the person protecting the lawful rights and interests of a litigant.
If the registration is refused, the Court shall issue a written notice specifying the reason therefor to
the applicant.

Article 76 Persons protecting the lawful rights and obligations of litigants are entitled and obliged:

1. To participate in the proceedings from the commencement of the legal action or any stage of the civil
proceedings.

2. To collect data and evidence and provide same to the Court, to study the case file, to take notes and
copy any necessary data available in the case file in order to perform protection of the lawful rights
and obligations of the litigant, except for the data and evidence prescribed in article 109.2 of this
Code.

3. To participate in a conciliation, meeting or trial, or if he or she does not participate in a conciliation,

meeting or trial, to be entitled to submit a plea in writing to protect the lawful rights and obligations of
the litigant to the Court for its consideration.

4. To request on behalf of the litigant the replacement of a person conducting the proceedings or other
person participating in the proceedings in accordance with this Code.

5. To assist the litigant on legal aspects of protection of the lawful rights and interests of such litigant; to
receive on behalf of the litigant documents and legal process served or notified by the Court and to
be responsible for forwarding same to the litigant if such litigant so authorizes.

6. The rights and obligations specified in clauses 1, 6, 16, 17, 18, 19 and 20 of article 70 of this Code.

7. Other rights and obligations stipulated by the law.

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Article 77 Witnesses

A person who has knowledge of details relating to the affairs and upon request of a litigant may be
summonsed by the Court to participate in the proceedings as a witness. Any person who has lost the
capacity for civil acts may not be a witness.

Article 78 Witnesses are entitled and obliged:

1. To provide all information, data and objects they have which relate to resolution of the case.

2. To disclose truthfully all their knowledge about facts relating to resolution of the affair.

3. To be entitled to refuse disclosing knowledge if their disclosure relates to State secrets, occupational
secrets, trade secrets, personal privacy or family secrets or such disclosure adversely affects a
litigant being their relative.

4. To be entitled to take leave of absence during the duration they are summonsed by the Court or give
testimony [to the Court] if they work for an agency or organization.

5. To be entitled to reimbursement of related expenses in accordance with law.

6. To petition the Court which has summonsed them or a competent State agency to protect their lives,
health, honour, dignity, assets and other lawful rights and interests upon their participation in the
proceedings; to lodge a complaint against the litigation act of any person conducting the proceedings.

7. To pay compensation for any loss and damage and to be legally liable for their untruthful testimony
causing loss and damage to a litigant or another person.

8. To be present at the Court, trial or meeting upon being summonsed by the Court if the witness must
publicly give his or her testimony at the Court, the trial or meeting; if the witness fails to be present at
the trial or meeting without any proper reason and his or her absence hinders the hearing or
resolution, then the judge, Council of Adjudicators or resolution council for civil matters may decide to
escort the witness to the trial or meeting, unless the witness is a minor.

9. To take an oath to perform their rights and obligations before the Court, unless the witness is a minor.

Article 79 Experts

An expert is a person who has requisite knowledge and experience as stipulated by law relating to the
sector of the subject which requires an expert opinion and who is sought by the Court or requested by the
litigant to carry out an examination in accordance with article 102 of this Code.

Article 80 Rights and obligations of experts

1. An expert has the following rights and obligations:

(a) To read data in the case file relating to the subject which requires an examination; to request
the court to provide data necessary for the examination;

(b) To raise questions to persons participating in the proceedings about matters relating to the
subject which requires an examination;

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 (c) To be present at court upon being summonsed by the Court; to present, explain and give
answers about issues relating to the examination and to produce truthful, grounded and
objective results of examination;

(d) To notify the Court in writing for information of the fact that he or she is unable to carry out an
examination because the subject which require an examination falls outside his or her
professional capacity or the data provided for examination is insufficient or unable to be used;

(dd) To preserve received data and send it back to the Court together with the results of the
examination or notice of the fact that an examination may not be conducted;

(e) Not to herself or himself collect data in order to carry out the examination or meet other
persons participating in the proceedings if such meeting affects the results of examination; not
to disclose secret information he or she becomes aware of upon carrying out the examination
and not to notify other persons of the results of examination unless otherwise decided by the
judge who sought the expert opinion;

(g) To be entitled to reimbursement of related expenses in accordance with law;

(h) To take an oath to perform his or her rights and obligations before the Court.

2. An expert must decline or be replaced in the following circumstances:

(a) One of the circumstances specified in clauses 1 and 3 of article 52 of this Code;

(b) He or she has participated in the proceedings of the same case as a person protecting the
lawful rights and interests of a litigant, or as a witness or interpreter;

(c) He or she has conducted the proceedings of the same case as a judge, people's juror, verifier,
court clerk, prosecutor or controller.

Article 81 Interpreters

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

2. A person who knows the script of visually impaired persons or knows how to hear or speak in the
language and symbols of hearing-impaired or speech-impaired persons is also regarded as an
interpreter.

Where only the representative or relative of a visually impaired person or hearing-impaired or speech
impaired person knows his or her script, language and signs, the representative or relative may be
accepted by the Court as the interpreter for such person.

Article 82 Rights and obligations of interpreters

1. An interpreter has the following rights and obligations:

(a) To be present at court upon being summonsed by the Court;

(b) To interpret faithfully, objectively and correctly;

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 (c) To request persons conducting or participating in the proceedings to further clarify matters
which need to be interpreted;

(d) Not to meet other persons participating in the proceedings if such meeting affects the
truthfulness, objectiveness and correctness upon interpretation.

(dd) To be entitled to reimbursement of related expenses in accordance with law;

(e) To take an oath to perform their rights and obligations before the Court.

2. An interpreter must decline from interpreting or be replaced in the following circumstances:

(a) One of the circumstances specified in clauses 1 and 3 of article 52 of this Code;

(b) He or she has participated in the same proceedings as a person protecting the lawful rights
and interests of litigants, witness or expert;

(c) He or she has conducted the same proceedings as a judge, people's juror, verifier, court clerk,
prosecutor or controller.

Article 83 Procedures for refusal to examine or interpret or request to replace experts or interpreters

1. Any refusal to examine or interpret or any request to replace an expert or interpreter prior to the
commencement of a trial or meeting shall be made in writing specifying reasons of the refusal or
request for replacement.

2. Any refusal to examine or interpret or any request to replace an expert or interpreter during a trial
shall be recorded in the trial transcript or minutes of meeting.

Article 84 Decisions to replace experts or interpreters

1. Prior to the commencement of a trial or meeting, the replacement of an expert or interpreter shall be
decided by the chief justice of the Court.

2. During a trial, the replacement of an expert or interpreter shall be decided by the judge, Council of
Adjudicators or resolution council for civil matters after considering the opinion of the person against
whom the request for replacement is made. The Council of Adjudicators or resolution council for civil
matters shall debate [the replacement] in the jury-room and make a majority decision.

Where an expert or interpreter must be replaced, the judge, Council of Adjudicators or resolution
council for civil matters shall issue a decision to adjourn the trial or meeting. The replacement of an
expert or interpreter shall be subject to the provisions of articles 79 and 81 of this Code.

Article 85 Representatives

1. In civil proceedings, representatives comprise legal representatives and authorized representatives.

Representatives may be an individual or legal entity in accordance with the Civil Code.

2. The legal representative as stipulated in the Civil Code means the legal representative in the civil
proceedings unless he or she is restricted to act as a representative in accordance with law.

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 An agency, organization or individual taking a legal action for protection of lawful rights and interests
of another person shall also act as the legal representative of the protected person in the civil
proceedings.

3. An organization acting as the representative of a labour collective shall be the legal representative of
the labour collective to take a legal action or participate in the proceedings at the Court when the
lawful rights and interests of the labour collective are infringed; and the organization acting as the
representative of a labour collective shall represent any employee to initiate a labour legal
proceeding or participate in the proceedings at the Court upon obtaining authorization from such
employee.

If several employees have the same claim in respect of their employer in the same enterprise or unit,
they are permitted to authorize one representative of the organization acting as the representative of
the labour collective to initiate on their behalf a labour legal proceeding or participate in the
proceedings at the Court.

4. The authorized representative as stipulated in the Civil Code means the authorized representative in
civil proceedings.

In cases of divorce, concerned parties are not permitted to authorize another person to participate on
their behalf in the proceedings. Where a parent or another relative petitions the Court to resolve
divorce in accordance with article 51.2 of the Law on Marriage and Family, he or she is the
representative.

Article 86 Rights and obligations of representatives

1. In civil proceedings, a legal representative shall exercise the rights and perform the obligations of the
litigant for whom he or she acts as the representative within his or her scope of representation in the
civil proceedings.

2. In civil proceedings, the authorized representative shall exercise the rights and obligations of a
litigant in the civil proceedings in accordance with the written authorization.

Article 87 Persons not permitted to act as a representative

1. The following persons are not permitted to act as a legal representative:

(a) A person who is also a litigant in the same affair with the principal, but his or her lawful rights
and interests conflict with the lawful rights and obligations of his or her principal;

(b) A person who acts as the legal representative of another litigant in the civil proceedings whose
lawful rights and interests conflict with the lawful rights and interests of his or her principal in
the same affair.

2. The provisions of clause 1 of this article also apply to authorized representatives in legal
proceedings.

3. Officials and State employees of courts, procuracies and police authorities are not permitted to act as
a representative in civil proceedings, unless they participate in the proceedings as the representative
of their agency or as the legal representative.

Article 88 Appointment of representatives in civil proceedings

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1. Upon conduct of civil proceedings, if a litigant is a minor, a person losing capacity for civil acts, a
person with restricted capacity for civil acts or a person having difficulty in perceiving or controlling
his/her own acts who has no representative or whose legal representative is one of the persons
specified in clause 1 of article 87 of this Code, the Court shall appoint a representative to take part in
the proceedings.

2. Applicable to labour affairs in which a litigant falls into the cases prescribed in clause 1 above or the
employee is a minor who does not have a representative and the Court is unable to appoint a
representative in accordance with clause 1 above, the Court shall appoint the organization acting as
the representative of the labour collective to represent such employee.

Article 89 Termination of representation in civil proceedings

A legal representative or authorized representative in civil proceedings shall terminate the representation in
accordance with the Civil Code.

Article 90 Effects of termination of representation in civil proceedings

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

2. In cases of termination of the authorized representation, the litigant or his or her heir may participate
in the proceedings or authorize another person to participate in the civil proceedings in accordance
with the procedures specified by this Code.

CHAPTER VII

Substantiation/Authentication and Evidence

Article 91 Obligation to substantiate

1. A concerned party which petitions the Court to protect its lawful rights and interests must collect,
provide and deliver to the Court data and evidence to substantiate the grounds for its petition and
that the petition is well grounded and lawful, except for the following cases:

(a) A consumer who takes a legal action is not obliged to substantiate the fault of an organization
or individual doing business in goods or services. The organization or individual doing
business in goods or service against whom the legal action is taken is obliged to substantiate
that it, he or she was not at fault causing loss and damage pursuant to the Law on Protection
of Interests of Consumers;

(b) A litigant who is an employee in a labour case and who fails to provide or deliver data and
evidence to the Court because such data and evidence is being controlled or held by the
employer, and such employer is responsible for providing or delivering such data and evidence
to the Court.

If an employee initiates a legal proceeding about unilateral termination of a labour contract in

cases where the employer is not permitted to unilaterally terminate a labour contract or to
impose disciplinary action on an employee as stipulated by the labour law, the employer has
the obligation to substantiate;

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 (c) Cases where the law otherwise stipulates the obligation to substantiate.

2. A concerned party which protests against the claim made by another person against such party must
make [its protest] in writing and collect, provide and deliver data and evidence to the Court to
substantiate such protest.

3. An agency, organization or individual [entity] which initiates a legal action to protect public interests or
interests of the State or petitions the Court to protect the lawful rights and interests of another person
must collect, provide and deliver data and evidence to the Court to substantiate that its legal action or
petition is well grounded and lawful.

A social organization participating in protection of the interests of consumers is not obliged to

substantiate the fault of the organization or individual doing business in goods or services pursuant to
the Law on Protection of Interests of Consumers.

4. If a concerned party is obliged to provide evidence for substantiation but fails to provide evidence or
provides insufficient evidence, the Court shall resolve the civil affair on the basis of the collected
evidence in the civil affair file.

Article 92 Facts and events not required to be proven

1. The following facts and events are not required to be proven:

(a) Obvious facts and events which are known by everybody and admitted by the Court;

(b) Facts and events which have been specified in legally enforceable judgements or decisions of
the Court or legally enforceable decisions of authorized State agencies;

(c) Facts and events which have been stated in lawfully notarized or authenticated documents; if
there is a sign of doubt about the objectiveness of such facts and events or the objectiveness
of the notarized or authenticated document, the judge may request the litigant, or agency or
organization which has notarized or authenticated such document to present the original or
original copy.

2. Where one concerned party admits or does not protest against/object to the facts, events, data,
documents, conclusions of a professional agency produced by the other party, the latter shall not be
required to prove them.

3. Where a concerned party has its representative participating in the proceedings, the admission of the
representative shall be deemed to be the admission of such concerned party if [such admission] falls
within the scope of representation.

Article 93 Evidence

Evidence in civil affairs means real things which are delivered or produced by the concerned parties and
other entities to the Court during the proceedings or collected by the Court in accordance with the order and
procedures stipulated by this Code and which are used by the Court as the basis for the purpose of
determining whether or not the facts of the case are objective and there are grounds for the claim or protest
of a concerned party and whether it is lawful.

Article 94 Sources of evidence

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Evidence shall be collected from the following sources:

1. Readable, audible or visible materials, and electronic data.

2. Physical evidence.

3. Testimony of concerned parties.

4. Testimony of witnesses.

5. Results of examination by experts.

6. Record of the results of on-the-spot assessment.

7. Results of valuation of assets or of verification of the price of assets.

8. Documents recording events or legal conduct prepared by the persons with the proper function.

9. Notarized or authenticated documents.

10. Other sources stipulated by law.

Article 95 Identifying what is evidence

1. Materials with readable contents shall be regarded as evidence if they are original copies or
photocopies notarized or authenticated lawfully or certified or provided by the competent agency or
organization.

2. Audible or visible materials shall be regarded as evidence if such materials are presented together
with a document of the person who has such materials presenting their origin if they themselves
recorded the sounds or pictures, or a document certified by the person who has provided [such
materials] to the person presenting on the origin of such materials, or a document on the facts
relevant to the recording of the sounds or pictures.

3. Electronic data messages that are expressed by way of exchanging electronic data, electronic source
documents, email address, telegraph, telex, fax and other similar forms as prescribed by the law on
e-transactions.

4. Physical evidence to be evidence must be the original object relating to the affairs.

5. Testimony of a concerned party or witness shall be regarded as evidence if such testimony is

recorded in writing, on an audio tape or disk or video tape or disk or other device storing sounds and
images in accordance with the provisions of clause 2 of this article or is oral testimony at the trial.

6. Results of examination by an expert shall be regarded as evidence if such examination is carried out
in accordance with the procedures stipulated by law.

7. Record of the results of an on-the-spot assessment shall be regarded as evidence if such

assessment is carried out in accordance with the procedures stipulated by law.

8. Results of valuation of assets or results of verification of the price of assets shall be regarded as
evidence if the valuation or verification is conducted in accordance with the procedures stipulated by
law.

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9. Documents recording on-the-spot events or legal conduct prepared by the person with the proper
function shall be regarded as evidence if the document recording events or legal conduct is made
properly in accordance with the procedures stipulated by law.

10. Notarized or authenticated documents shall be regarded as evidence if the notarization or

authentication was conducted properly in accordance with the procedures stipulated by law.

11. Other sources stipulated by law shall be deemed to be evidence on the conditions or in accordance
with the procedures stipulated by law.

Article 96 Delivery of data and evidence

1. During resolution of a civil affair by the Court, the concerned parties are entitled and obliged to
deliver data and evidence to the Court. If the delivered data and evidence do not constitute sufficient
grounds for resolution of the affair, the judge shall request the concerned parties to adduce additional
data and evidence. If such concerned parties fail to deliver data and evidence or deliver insufficient
data and evidence upon request of the Code without any proper reason, the Court shall resolve the
civil affair on the basis of the data and evidence delivered by the concerned parties or collected by
the Court pursuant to article 97 of this Code.

2. The delivery of data and evidence by a concerned party to the Court must be recorded in minutes.
The record shall specify the name, form, contents and characteristics of the data and evidence; the
number of copies and the number of pages of the evidence and time of receipt; with the signature or
finger-print of the deliverer, the signature of the recipient and seal of the Court. The record shall be
made into two copies, one to be kept in the civil affair file and one to be delivered to the concerned
party which delivered the evidence.

3. Where a concerned party delivers data and evidence in the language of an ethnic minority or in a
foreign language to the Court, a lawfully notarized or certified Vietnamese translation of the evidence
must be enclosed.

4. The time-limit for delivery of data and evidence is fixed by the presiding judge who is assigned to
resolve the affair but shall not exceed the time-limit for preparation for a trial at first instance or the
time-limit for preparation for resolution of civil matters stipulated by this Code.

If after a decision bringing the case to a hearing at first instance or a decision to hold a meeting to
resolve the civil matter, a concerned party provides or delivers data and evidence that the Court has
requested but such concerned party failed to deliver same [on time] for a proper reason, the
concerned party must prove the reason for late delivery of such data and evidence. Applicable to
data and evidence which the Court has not previously requested [a concerned party] to deliver or
data and evidence which was previously unknown to the concerned parties during resolution of the
civil affair at first instance, the concerned party is entitled to deliver or present same at the first
instance hearing or meeting for resolution of the civil matter or in the subsequent phases of the
proceedings for resolution of the civil affair.

5. When a concerned party delivers data and evidence to the Court, such concerned party must copy
such data and evidence to other concerned parties or their legal representatives; or give notification
thereof in writing to other concerned parties or their legal representatives in the case of the data and
evidence prescribed in article 109.2 of this Code or data and evidence which cannot be copied.

Article 97 Verification and collection of evidence

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1. Any agency, organization or individual [entity] is entitled to itself collect data and evidence by the
following measures:

(a) Collecting readable, audible and visible materials and electronic data messages;

(b) Collecting material evidence;

(c) Identifying witnesses and collecting confirmation from these witnesses;

(d) Requesting any other entity who is holding or controlling data relating to the resolution of the
civil affair to permit the former to copy or provide such data;

(dd) Requesting commune people’s committees to certify signatures of witnesses;

(e) Requesting the Court to collect data and evidence if a concerned party is unable to do so;

(g) Requesting the Court to issue a decision seeking the opinion of an expert or valuation of
assets;

(h) Requesting other entities to perform other tasks in accordance with law.

2. In cases stipulated by this Code, the Court may take one or a number of the following measures to
adduce data and evidence:

(a) Taking the testimony of a concerned party or witness;

(b) Arranging cross-examination between various concerned parties or between a concerned

party and a witness;

(c) Seeking the opinion of an expert;

(d) Arranging valuation of assets;

(dd) Conducting an on-the-spot inspection or evaluation;

(e) Authorizing the taking of or verification of data and evidence;

(g) Requesting entities to provide readable, audible or visible materials or other objects relating to
the resolution of the civil affair;

(h) Verifying the presence or absence of a concerned party at his/her place of residence;

(i) Other measures stipulated by this Code.

3. Upon taking the measures specified in paragraphs (c) to (g) of clause 2 of this article, the Court shall
issue a decision specifying reasons therefor and the requests of the Court.

4. In the period of a judicial review or new trial, a verifier may take the measures to adduce data and
evidence stipulated in sub-clauses (a), (g) and (h) of clause 2 above.

When a verifier takes the measures stipulated in clause 2 (a) above, the Court must issue a decision,
specifying reasons therefor and the requests of the Court.

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5. The Court must, within a time-limit of three working days from the date of collection of the data and
evidence by the Court, notify such data and evidence to concerned parties to enable them to
exercise their rights and perform their obligations.

6. The procuracy shall adduce data and evidence to ensure the exercise of its right to protest in
accordance with the appeal proceedings or proceedings for judicial review or new trial.

Article 98 Taking a statement of evidence from the concerned parties

1. A judge shall only take a statement of evidence from a litigant when such litigant has got yet given
testimony or the contents of his or her testimony are incomplete or unclear. The litigant must himself
or herself write and sign the statement of evidence. Where a litigant is unable to write, the judge shall
take the statement of evidence from the litigant. The statement of evidence of the litigant shall focus
on facts which have not yet been declared completely or clearly by the litigant. The judge shall
himself or herself or a court clerk shall record statements of evidence of litigants in a record. The
judge shall take statements of evidence of litigants at the head office of the Court, but where
necessary may take the statement of evidence of a litigant outside the head office of the Court.

2. The person giving the statement of evidence shall himself or herself read, or listen to the reading of,
the record of his or her testimony and sign or make a fingerprint [on the record]. The litigant shall be
entitled to request any amendments or additions to be included in the record of the testimony and
sign or make a fingerprint [on the amended record] for confirmation. The record must be signed by
the person taking the testimony and the person taking the record and affixed with the seal of the
Court; where the record is made in loose sheets, each page shall be signed and affixed with an
integrity [overlapping] seal. Where the record of the testimony of a concerned party is made outside
the head office of the Court, a witness or certification by the commune people's committee or police
office of the commune, ward or township or by the agency or organization in which the record was
made shall be required.

3. The testimony of a litigant in one of the cases specified in clauses 4 and 5 of article 69 of this Code
must be taken in the presence of the legal representative of such litigant.

Article 99 Taking testimonies of witnesses

1. The judge, as petitioned by a litigant or where necessary, shall take a statement of evidence of a
witness at or outside the head office of the Court.

Before taking a statement of evidence of the witness, the judge must explain the rights and
obligations of a witness and request the witness to take an oath about his/her statement of evidence.

2. The procedures for taking statements of evidence of witnesses shall be performed the same as the
procedures for taking testimonies of litigants stipulated in article 98.2 of this Code.

3. The statement of evidence of a witness who is under eighteen (18) years of age or has restricted
capacity for civil acts or has difficulty in perceiving and controlling his or her own acts shall be taken
in the presence of his or her legal representative or guardian.

Article 100 Cross-examination [literally confrontation]

1. Upon the request of a concerned party or where the testimony of concerned parties or witnesses is
considered inconsistent, the judge shall arrange cross-examination between various concerned
parties or between a concerned party and a witness or between various witnesses.

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2. The cross-examination shall be recorded in a record which shall be signed or fingerprinted by the
participants in the cross-examination.

Article 101 On-the-spot inspection and evaluation

1. The judge, as petitioned by a litigant or where necessary, shall conduct an on-the-spot inspection or
evaluation in the presence of a representative of the people's committee of a commune or police
office of a commune, ward or township or agency or organization of the place where the object
required to be investigated or assessed is located, and shall provide advance notification of the
investigation or evaluation to the concerned parties to enable them to witness such investigation or
evaluation.

2. The on-the-spot investigation or evaluation shall be included in a record. The record shall specify the
results of investigation or evaluation and describe the site, and be signed by the investigator or
evaluator and signed or fingerprinted by the concerned parties if they are present, and by the
representative of the people's committee of a commune or police office of a commune, ward or
township or agency or organization of the place where the object to be investigated or assessed is
located and by other invitees participating in the investigation or evaluation. Upon finalizing the
record, the investigator or evaluator shall request the representative of the people's committee of a
commune or police office of a commune, ward or township or agency or organization of the place
where the object investigated or assessed is located, to sign and affix a seal for confirmation.

3. All acts of hindering on-the-spot inspections and evaluations are strictly prohibited.

4. The judge has the right to request the people's committee of a commune or police office of a
commune, ward or township where the object to be investigated or assessed is located to provide
assistance in cases where there are acts of hindering the on-the-spot inspection or evaluation.

Article 102 Seeking or requesting the opinion of an expert

1. A litigant has the right to request the Court to seek the opinion of an expert or to himself or herself
request the opinion of an expert after he or she requested the Court to do so but the Court refuses
the request. The right of a litigant to himself or herself request the opinion of an expert is exercised
before the Court issues the decision bringing the case to a hearing at first instance or the decision
holding a meeting to resolve the civil matter.

2. The judge shall, at the request of a litigant or where necessary, make a decision seeking the opinion
of an expert. The decision seeking the opinion of an expert shall specify the name and address of
the expert, the object of the examination and issues to be examined, and specific requirements on
what conclusions the expert must make.

3. Where the judge considers that the opinion of the expert is incomplete or unclear or is in breach of
law, the judge shall, at the request of the litigant or where necessary, request the expert to explain his
or her opinion or summons the expert to the trial to directly present the necessary items.

4. The Court shall, at the request of a litigant or where necessary, make a decision on an additional
examination if the content of the conclusion of the examination is unclear or incomplete or new
issues arise and relate to the details of the affair for which the conclusion of the previous examination
was made.

5. The re-examination shall be conducted in cases where there are grounds to think that the conclusion
of the first examination was incorrect or in breach of law or in special cases pursuant to the decision

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 of the Chief Prosecutor of the Supreme People's Procuracy or the Chief Justice of the Supreme
People's Court as stipulated by the Law on Judicial Expertise.

Article 103 Seeking the opinion of an expert on evidence which is denounced as false evidence

1. Where evidence is denounced as false evidence, the person who presented such evidence shall be
entitled to withdraw [such evidence]; otherwise, the denouncing person is entitled to request the
Court or the Court has the right to seek the opinion of an expert in accordance with article 102 of this
Code.

2. Where the falsification of evidence has signs of a crime, the Court shall forward the related data and
evidence to the authorized investigation agency for its consideration in accordance with the law on
criminal proceedings.

3. The person who gave the evidence which is concluded to be false is obliged to pay compensation for
any loss and damage caused by the falsification of evidence to others and shall bear expenses of
examination if the Court makes a decision seeking the opinion of an expert.

Article 104 Valuation of assets and evaluation of prices of assets

1. The concerned parties have the right to provide a price of the assets in dispute; or to agree on a price
of the assets in dispute.

2. The concerned parties have the right to agree and select an assets price evaluator to conduct
evaluation of the price of assets and provide the price evaluation results to the Court.

The evaluation of the price of assets is conducted in accordance with the law on evaluation of prices
of assets.

3. The Court shall make a decision to value assets and establish a valuation council in one of the
following circumstances:

(a) At the request of one or more concerned parties;

(b) Where the parties fail to agree on selection of an assets price evaluator or provide different
prices of the assets or fail to agree on a price of the assets.

(c) Where the parties agree with each other or with the assets price evaluator on a low price
compared with the market price of the locality where the property in question is located at the
time of valuation for the purpose of evading obligations to the State or a third party or where
there is any ground demonstrating that the assets price evaluator committed a breach of law
upon price evaluation.

4. The sequence and procedures for establishing a valuation council or for valuation of assets:

(a) The valuation council established by the Court comprises a chairman being the representative
of the financial agency and other members being representatives of other relevant professional
agencies. Any person who has conducted the proceedings in such case and any person
prescribed in article 52 of this Code is not permitted to participate in the valuation council.

The valuation council shall only carry out the valuation when all council members are present.
Where necessary, a representative of the people's committee of a commune in which the
property to be valued is located shall be invited to witness the valuation. The concerned parties

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 shall be notified in advance of the time and place of valuation and are entitled to attend and
present their opinion on the valuation. The valuation council has the right to decide on prices of
the valued assets.

(b) The financial agency and other relevant professional agencies are responsible for appointing
their representatives [staff] to join the valuation council and for facilitating them to perform their
duties. The persons who are appointed to act as members of the valuation council are
responsible for full participation in the valuation. Where the financial agency or professional
agency fails to appoint its representative to participate in the valuation council, the Court shall
request that the competent administrative agency directly instruct the financial agency or
professional agency to perform the requirement of the Court. If a person who is appointed to
participate in the valuation council fails to participate without any proper reason, the Court shall
request that the leader of the agency which has appointed such person consider his or her
liability and appoint a replacement and give notification thereof to the Court for information in
order to continue the valuation.

(c) The valuation must be included in a record specifying the opinion of each of the members and
concerned parties who attend. Any decision of the valuation council shall require more than
fifty (50) per cent of the total votes of members in favour. The members of the valuation
council, the concerned parties and the witnesses shall sign or make a fingerprint on the record.

5. Re-valuation of property shall be conducted in cases where there is any ground demonstrating that
the result of the first valuation is incorrect or does not conform with the market price of the locality
where the valued assets are situated at the time of resolution of the civil case.

Article 105 Delegation [of power] to adduce evidence

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

2. The decision on delegation must specify the names and addresses of the plaintiff and the defendant
and the disputed relationship, and the specific delegated task to adduce evidence.

3. The court which receives the decision on delegation is responsible to perform the specific delegated
work within one month from the date of receipt of the decision on delegation and shall notify in writing
its results to the Court which made the decision on delegation; if the delegated work is impossible to
perform, the court which received the decision delegating it must notify the reasons therefor to the
Court which made the decision on delegation.

4. Where the gathering of evidence must be conducted overseas, the Court shall carry out the
procedures for delegation via a competent agency of Vietnam or competent agencies of a foreign
country which together with the Socialist Republic of Vietnam is a member of an international treaty
containing provisions on this matter.

5. Where it is impossible to perform the delegated work in accordance with clauses 3 and 4 above or
the delegated work has been performed but no result is received, the Court shall resolve the case on
the basis of the available evidence in the civil matter file.

Article 106 Requesting agencies, organizations and individuals [entities] to provide data and evidence

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1. A concerned party has the right to request agencies, organizations or individuals [entities] to provide
data and evidence. Upon requesting such entities to provide data and evidence, the concerned party
must make a written request specifying the data and evidence which needs to be provided, the
reason for provision [of such data and evidence], the full name and address of the individuals or
name and address of the agencies or organizations which are controlling or holding the data, and the
evidence which needs to be provided.

The entities requested are responsible for providing the data and evidence to the concerned party
within a time-limit of fifteen (15) days from the date of receipt of the request; and if the request for
provision of evidence is refused, shall notify the requester in writing of the reasons therefor.

2. Where a concerned party which has taken necessary measures to gather data and evidence still fails
to gather the data and evidence by itself, it may request the Court to issue a decision requiring the
entities controlling or holding such data and evidence to provide same or it may request the Court to
adduce data and evidence in order to ensure proper resolution of the civil affair.

The concerned party which petitions the Court to adduce data and evidence shall make an
application specifying matters which need to be substantiated; data and evidence to be gathered;
reasons why it is unable to gather [data and evidence]; full name and address of the individual, name
and address of agency or organization which is controlling or holding the data and evidence which
need to be adduced.

3. The Court shall, at the request of a concerned party or where necessary, issue a decision requesting
entities controlling or holding the data and evidence to provide such data and evidence to the Court.

The entities controlling or holding such evidence are responsible for providing fully the data and
evidence at the request of the Court within a time-limit of fifteen (15) days from the date of receipt of
the request. On failure to provide fully data and evidence at the request of the Court within this time-
limit, such entities must notify [the Court] in writing of the reason therefor. Any entity which fails to
perform the request of the Court without any proper reason shall, depending on the nature and
seriousness of the breach, be subject to administrative penalty or prosecution for criminal liability in
accordance with the law. The imposition of administrative penalty or prosecution for criminal liability
pursuant to the law applicable to an agency, organization or individual is not a reason for exemption
from its, his or her obligation to provide data and evidence to the Court.

4. Where the procuracy makes a request for provision of data and evidence, then entities are
responsible for implementing [such request] in accordance with clause 3 above.

Article 107 Preservation of data and evidence

1. Upon delivery of data and evidence at the Court, the Court is responsible for preserving the data and
evidence.

2. Where the data and evidence is unable to be delivered at the Court, the person currently holding
such data and evidence is responsible for its preservation.

3. Where it is necessary to deliver the data and evidence to a third person for preservation, the judge
shall make a decision and prepare a record of delivery of [the data and evidence] to such person for
preservation. The person undertaking the preservation shall sign the record, shall be entitled to
remuneration and shall be responsible for preserving such data and evidence in accordance with law.

4. The destruction of data and evidence is strictly prohibited.

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Article 108 Evaluation of evidence

1. The evaluation of evidence must be objective, comprehensive, adequate and accurate.

2. The Court must evaluate each item of evidence one by one and the link between items of evidence,
and determine the legality, relevancy and proof value of each item of evidence.

Article 109 Disclosing and using data and evidence

1. Each item of evidence shall be publicly and equally disclosed and used, except for the cases
specified in clause 2 of this article.

2. The Court shall not disclose publicly the content of data and evidence relating to State secrets,
national fine customs, professional secrets, trade secrets, private secrets or family secrets of
individuals at the legitimate request of the concerned parties but must notify the concerned parties of
the data and evidence which is not publicly disclosed.

3. Persons conducting proceedings and persons participating in proceedings must keep confidentiality
of the data and evidence in the case as specified in clause 2 above, in accordance with law.

Article 110 Protecting evidence

1. Where evidence is being destroyed or is in danger of being destroyed or it will be difficult to gather
the evidence in the future, any concerned party may petition the Court to take necessary measures to
preserve the evidence. The request of the concerned party is made in writing. The Court may decide
to take one or a number of measures including sealing, keeping, photographing, audio-recording,
video-recording, restoring, examining, making a record and other measures.

2. Where a witness is tricked, threatened, forced or bribed for the purpose of refusing to provide
evidence or for the purpose of supplying untruthful evidence, the Court has the right to make a
decision to compel the person who has conducted the act of tricking, threatening, forcing or bribing
[the witness] to cease his or her act. Where such act has signs of being a crime, the Court shall
request the procuracy to consider criminal liability.

CHAPTER VIII

Preliminary Injunctive Relief

Article 111 Right to petition for the application of preliminary injunctive relief

1. During resolution of a case, any concerned party or its legal representative or any agency,
organization or individual initiating a legal proceeding specified in article 187 of this Code has the
right to petition the Court of such proceeding to apply one or more preliminary injunctive relief
measures stipulated in article 114 of this Code to provisionally resolve the urgent petition of the
concerned party, to protect his or her life, health, assets, to collect and protect evidence, to preserve
the status quo in order to avoid irrecoverable loss and damage or to secure [obtain security for]
resolution of the case or legal enforcement.

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2. In an emergency where it is necessary to immediately protect evidence or to prevent potentially
serious consequences, any agency, organization or individual has the right to petition the competent
Court to issue a decision to apply preliminary injunctive relief measures as stipulated in article 114 of
this Code at the same time as filing an application to such Court for initiation of a legal action.

3. The Court shall only on its one accord [itself make and] issue a decision applying preliminary
injunctive relief in the cases specified in article 135 of this Code.

Article 112 Powers to decide on the application, change or cancellation of preliminary injunctive relief

1. Prior to the commencement of a trial, the application, change or cancellation of preliminary injunctive
relief shall be considered and decided by a judge.

2. During a trial, the application, change or cancellation of preliminary injunctive relief shall be
considered and decided by the Council of Adjudicators.

Article 113 Responsibilities for applying improper preliminary injunctive relief

1. The applicant petitioning the Court to apply preliminary injunctive relief is responsible before the law
for its petition; and where a petition for application of preliminary injunctive relief is improper causing
loss and damage to the person who is subject to the preliminary injunctive relief or to a third person,
[the applicant] must pay compensation.

2. Where the Court applies improper preliminary injunctive relief causing loss and damage to the person
who is subject to the preliminary injunctive relief or to a third person, the Court must pay
compensation in the following circumstances:

(a) The Court has on its one accord applied the preliminary injunctive relief;

(b) The Court has applied a preliminary injunctive relief measure which is different from the
preliminary injunctive relief measure requested by the agency, organization or individual;

(c) The Court has applied a preliminary injunctive relief measure beyond the measure requested
in the petition of the agency, organization or individual for application of preliminary injunctive
relief;

(d) The Court has not applied a preliminary injunctive relief measure within the proper time-limit
prescribed by the law or has failed to apply a preliminary injunctive relief measure without any
proper reason.

3. The compensation for loss and damage specified in clause 2 above is paid in accordance with the
Law on Responsibility of the State for Compensation.

Article 114 Preliminary injunctive relief [shall consist of]

1. Assigning a person who is minor, or who has lost the capacity for civil acts, or who has difficulty in
perceiving or controlling his or her own acts to [another] individual or organization to look after,
nurture, take care of and educate the former person.

2. Compelling the performance in advance of part of the obligation to support.

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3. Compelling the performance in advance of part of the obligation to compensate for loss and damage
caused by harm to life or health.

4. Compelling an employer to pay in advance salaries, health insurance proceeds, social insurance
proceeds, unemployment insurance proceeds, expenses for medical treatment [of employees]
suffering a work-related accident or occupational disease, compensation or subsidies for labour-
related accidents or occupational disease of the employees.

5. Temporarily suspending the implementation of a decision on unilateral termination of a labour

contract or a decision dismissing an employee.

6. Attaching property in dispute.

7. Prohibiting any transfer of property rights with respect to the property in dispute.

8. Prohibiting any change in the status quo of the property in dispute.

9. Permitting the harvest and sale of subsidiary food crops or of other products or commodities.

10. Freezing accounts at banks, other credit institutions and the State Treasury; freezing property at
places of bailment.

11. Freezing property of an obligor.

12. Prohibiting a concerned party from conducting, or compelling a concerned party to conduct certain
acts.

13. Prohibiting an obligor from exiting from Vietnam.

14. Prohibiting contact with a victim of family violence.

15. Temporarily suspending tender closing and tendering-related activities.

16. Arresting an aircraft or a seagoing ship to secure [as security for] resolution of the case.

17. Other preliminary injunctive relief as stipulated by law.

Article 115 Assigning individuals or organizations to look after, nurture, take care of and educate minors,
persons losing the capacity for civil acts or persons having difficulty in perceiving or controlling
their own acts

An individual or organization shall be assigned to look after, nurture, take care of and educate [the minor or
following person] if resolution of the case relates to such person who a minor, person losing the capacity for
civil acts or person having difficulty in perceiving or controlling his or her own acts and if such person does
not have any guardian.

The assignment for a minor who is seven or more years of age must take account of his or her aspirations.

Article 116 Compelling performance in advance of part of the obligation to support

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The performance in advance of part of the obligation to support shall be compelled if resolution of the case
relates to a claim for support and such claim is considered well-grounded and the failure to immediately
perform in advance part of the obligation to support will affect the health and/or life of dependants.

Article 117 Compelling performance in advance of part of the obligation to pay compensation for loss and
damage caused by harm to health or life

The performance in advance of part of the obligation to pay compensation for loss and damage caused by
harm to health or life shall be compelled if resolution of the case relates to a claim for compensation for loss
and damage caused by harm to health or life.

Article 118 Compelling an employer to pay in advance salaries, health insurance proceeds, social
insurance proceeds, unemployment insurance proceeds, expenses for medical treatment [of
employees] suffering a work-related accident or occupational disease, compensation or
subsidies for labour-related accidents or occupational disease suffered by the employees

An employer shall be compelled to pay in advance salaries, health insurance proceeds, social insurance
proceeds, unemployment insurance proceeds, expenses for medical treatment [of employees] suffering a
work-related accident or occupational disease, compensation or subsidies for labour-related accidents or
occupational disease to employees in order to protect their lawful rights and interests in relation to salary,
insurance proceeds, compensation, subsidies or health care in accordance with the law.

Article 119 Temporarily suspending implementation of a decision on unilateral termination of a labour

contract or a decision dismissing an employee

The implementation of a decision unilaterally terminating a labour contract or a decision dismissing an

employee shall be temporarily suspended if resolution of the case relates to the unilateral termination of a
labour contract or dismissal of the employee in cases where the employer is not permitted to unilaterally
terminate the labour contract or to discipline the employee by dismissal as stipulated by the law.

Article 120 Attaching property in dispute

1. The attachment of property in dispute shall be applied if during resolution of the case there is a
ground demonstrating that the holder of the property in dispute is conducting the act of hiding or
destroying the property.

2. The attached property may be kept and preserved at the agency for civil judgement enforcement or
delivered on the basis of the prepared record to a concerned party or third person for management
up until the time when a decision of the Court is issued.

Article 121 Prohibiting transfers of property rights with respect to property in dispute

Any transfer of property rights with respect to property in dispute shall be prohibited if during resolution of
the case there is a ground demonstrating that the possessor or holder of the property in dispute is
conducting the act of transferring the property rights with respect to the property in dispute to another
person.

Article 122 Prohibiting changes in the status quo of property in dispute

Any change in the status quo of property in dispute shall be prohibited if during resolution of the case there
is a ground demonstrating that the possessor or holder of the property in dispute is conducting the act of
dismantling, installing, constructing additional items or other acts for the purpose of changing the status quo
of such property.

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Article 123 Permitting the harvest and sale of subsidiary food crops or other products or commodities

The harvest and sale of subsidiary food crops or other products and commodities may be permitted if
during resolution of the case the property in dispute or property relevant to the dispute is subsidiary food
crops or other products or commodities which within the period of harvest or cannot be preserved for a long
time.

Article 124 Freezing accounts at banks, other credit institutions and the State Treasury

Accounts at banks, other credit institutions and the State Treasury shall be frozen if during resolution of the
case there is a ground demonstrating that the obligor has accounts at banks, other credit institutions or the
State Treasury and the application of this measure is necessary to secure resolution of the case or legal
enforcement.

Article 125 Freezing property at places of bailment

Property shall be frozen at the place of bailment if during resolution of the case there is a ground
demonstrating that the obligor has the bailed property and the application of this measure is necessary to
secure resolution of the case or legal enforcement.

Article 126 Freezing property of obligors

Property of an obligor shall be frozen if during resolution of the case there is a ground demonstrating that
the obligor has the property and the application of this measure is necessary to secure resolution of the
case or legal enforcement.

Article 127 Prohibiting or compelling performance of certain acts

The performance of certain acts shall be prohibited or compelled if during resolution of the case there is a
ground demonstrating that a concerned party or other agencies, organizations or individuals [entities] are
carrying out or are failing to carry out one or certain acts affecting resolution of the case and lawful rights
and interests of other related persons in the case which is being resolved by the Court.

Article 128 Prohibiting an obligor from exiting from Vietnam

An obligor shall be prohibited from exiting from Vietnam if there is a ground demonstrating that resolution of
the case relates to his or her obligations to the State or to other entities and his or her exit from Vietnam
affects resolution of the case, the interests of the State or lawful rights and interests of other entities or for
the purpose of securing [as security for] legal enforcement.

Article 129 Prohibiting contact with a victim of family violence

A person conducting an act of family violence shall be prohibited from contacting the victim of the family
violence if such measure is necessary to protect the life, health or honour of such victim pursuant to the
Law on Family Violence Fighting and Prevention.

Article 130 Temporarily suspending tender closing and tendering-related activities

The tender closing or approval of a shortlist or results of selection of contractor or investor, signing or
implementation of a contract shall be temporarily suspended if during resolution of the case it is
demonstrated that this measure is necessary to ensure resolution of the case in accordance with the law.

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Article 131 Arresting an aircraft or a seagoing ship to secure [as security for] resolution of the case

1. The Court shall make a decision granting preliminary injunctive relief being temporary arrest of an
aircraft or a seagoing ship to secure [as security for] resolution of the civil case in which the aircraft
owner, the creditor in cases where such aircraft is the security property, person who suffered loss and
damage caused by the aircraft in flight or a person with rights and interests related to the aircraft
initiates a legal proceeding in accordance with the law on civil aviation of Vietnam.

2. The Court shall make a decision granting preliminary injunctive relief to arrest a seagoing ship in the
following circumstances:

(a) The seagoing ship is to be arrested to secure resolution of a maritime claim for which the
petitioner for arrest of such seagoing ship has initiated a civil proceeding at the Court;

(b) The ship owner has a property obligation in the case under resolution and is still the owner of
the ship at the time of application of the preliminary injunctive relief;

(c) The bareboat charterer, time charterer, voyage charterer or ship operator has a property
obligation in a civil case arising from a maritime claim prescribed in the Vietnam Maritime
Code and is still the bareboat charterer, time charterer, voyage charterer, ship operator or ship
owner at the time of application of the preliminary injunctive relief being arrest of the seagoing
ship;

(d) The dispute is being resolved in a case which arises on the basis of the mortgage of such
seagoing ship;

(dd) The dispute is being resolved in a case which relates to the right to own or possess such
seagoing ship.

3. The sequence and procedures for arrest of aircraft and seagoing ships are subject to the law on
arrest of aircraft and seagoing ships.

Article 132 Other preliminary injunctive relief

In addition to the preliminary injunctive relief measures prescribed in clauses 1 to 16 of article 114 of this
Code, the Court is responsible for resolving petitions for application of other preliminary injunctive relief
prescribed by other laws.

Article 133 Proceedings for application of preliminary injunctive relief

1. The applicant petitioning the Court to grant preliminary injunctive relief must make an application to
the competent Court. Such application for preliminary injunctive relief comprises the following
principal contents:

(a) Date of the application;

(b) Name, address, telephone number and facsimile, and email address (if any) of the applicant;

(c) Name, address, telephone number and facsimile, and email address (if any) of the person to
be subject to preliminary injunctive relief;

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 (d) Summary of the dispute or act of infringing the lawful rights and interests of the applicant;

(dd) Reasons for application of preliminary injunctive relief;

(e) Preliminary injunctive relief to be applied and specific requirements.

Depending on the subject of the petition for application of preliminary injunctive relief, the applicant
must provide the Court with evidence to substantiate the necessity to grant such preliminary
injunctive relief.

2 Applications for preliminary injunctive relief in the circumstances prescribed in article 111.1 of this
Code shall be dealt with as follows:

(a) If the Court receives the application prior to commencement of a court hearing, the presiding
judge of the case shall consider and resolve [the application]. Within three working days of the
receipt of the application, if the applicant is not required to provide security or immediately after
a person provides security as stipulated in article 136 of this Code, the judge must issue a
decision to grant preliminary injunctive relief; if the application is refused, the judge shall notify
the applicant in writing of the reasons therefor.

(b) Where the Council of Adjudicators receives an application for preliminary injunctive relief
during the trial, the Council of Adjudicators shall consider, discuss and resolve [the application]
in the courtroom. If [the application] is accepted, the Council of Adjudicators shall issue a
decision granting preliminary injunctive relief immediately or after the applicant has provided
security as stipulated in article 136 of this Code. The provision of security commences from
the time when the Council of Adjudicators issues the decision on compulsory provision of
security, but the applicant must present evidence that the security has been provided before
the Council of Adjudicators retires to the deliberation [jury] room; and if the application for
preliminary injunctive relief is refused, the Council of Adjudicators must notify immediately
same in the courtroom and record same in the trial transcript.

3. With respect to the cases of application for preliminary injunctive relief specified in clause 2 of article
111 of this Code, upon receipt of an application together with an application for a legal action and
accompanying evidence, the presiding judge shall assign one judge to accept jurisdiction and deal
with the application. Within 48 hours of receipt of the application, the judge must consider and issue a
decision granting preliminary injunctive relief; if the application is refused, the judge shall notify the
applicant in writing of the reasons therefor.

4 In cases of application of preliminary injunctive relief specified in clauses 10 and 11 of article 114 of
this Code, bank accounts or assets shall be frozen to the extent of the value equivalent to the
property obligation to be performed by the person subject to the preliminary injunctive relief measure.

Article 134 Petitions for preliminary injunctive relief by agencies, organizations or individuals [entities] who
initiate a legal action to protect public interests, interests of the State and lawful rights and
interests of others

Any agency, organization or individual [entity] initiating a legal proceeding prescribed in article 187 of this
Code shall make a petition in writing to the Court for preliminary injunctive relief specifying reasons therefor;
preliminary injunctive relief to be granted; name and address of the person whose lawful rights and interests
need to be protected; name and address of the person who is subject to preliminary injunctive relief;
summary of the dispute or acts of infringing the lawful rights and interests of concerned parties; and
evidence to substantiate that the petition is well-grounded and lawful.

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Article 135 Courts may on their own initiative issue decisions granting preliminary injunctive relief

The Court may on its own initiative issue a decision granting the preliminary injunctive relief specified in
clauses 1 to 5 of article 114 of this Code in cases where the concerned party does not petition for the
application of such preliminary injunctive relief.

Article 136 Compulsory provision of security

1. The applicant petitioning the Court to grant one of the preliminary injunctive relief measures specified
in clauses 6, 7, 8, 10, 11, 15 and 16 of article 114 of this Code must submit to the Court a letter of
guarantee which is made with assets of a bank or other credit institution or other entities or deposit a
sum of money, precious metals, gemstones or valuable papers which are fixed by the Court, but such
deposit must be equivalent to the loss and damage which may arise as the consequence of the
application of improper preliminary injunctive relief, aimed at protecting the interests of the person
who is subject to the preliminary injunction and preventing any abuse of the right to petition for the
application of preliminary injunctive relief by the applicant.

With respect to the cases specified in clause 2 of article 111 of this Code, the time-limit for provision
of security stipulated in this article shall not exceed 48 hours from the time of submission of an
application.

2. The sum of money, precious metals, gemstones or valuable papers shall be deposited into an escrow
account at a bank in the locality in which the office of the Court deciding to grant preliminary
injunctive relief is located, within the time-limit fixed by the Court.

Where security is provided on public holidays or weekends, the sum of money as security shall be
kept at the Court. The Court shall carry out the procedures for receipt and immediately deposit such
sum of money with the bank on the following working day.

Article 137 Changing or granting additional preliminary injunctive relief

When the preliminary injunctive relief currently being applied is deemed no longer suitable and it is
necessary to change or grant additional preliminary injunctive relief, the procedures for change of or
application of other preliminary injunctive relief shall be carried out in accordance with article 133 of this
Code.

Article 138 Cancellation of preliminary injunctive relief

1. The Court shall immediately issue a decision revoking the granted preliminary injunctive relief in one
of the following circumstances:

(a) The applicant who petitioned for preliminary injunctive relief requests the cancellation;

(b) The person who is obliged to execute the decision on application of preliminary injunctive relief
has deposited property or has arranged for another person to provide security for the
performance of the obligation to the obligee.

(c) The civil obligation of the obligor has terminated in accordance with the Civil Code;

(d) Resolution of the case is suspended in accordance with this Code;

(dd) The decision granting preliminary injunctive relief was contrary to this Code;

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 (e) The grounds for application of the preliminary injunctive relief no longer exist;

(g) The affair is resolved by a legally enforceable judgment or decision of the Court;

(h) Cases where the Court returns the application for initiation of a legal action in accordance with
this Code.

2. In the case of cancellation of preliminary injunctive relief, the Court shall consider and decide to
enable the applicant petitioning for preliminary injunctive relief to receive back the letter of guarantee
which was made with the assets of a bank or other credit institution or the sum of money, precious
metals, gemstones or valuable papers stipulated in article 136 of this Code, except for the cases
specified in clause 1 of article 113 of this Code.

3. The procedures for issuance of a decision cancelling the preliminary injunctive relief shall be carried
out in accordance with article 133 of this Code. Where there has been a legally enforceable
judgement or decision of the Court, a judge who is assigned by the chief justice of the court which
issued the decision granting the preliminary injunctive relief shall deal with the petition for
cancellation of such preliminary injunctive relief.

Article 139 Effect of decisions to grant, change or cancel preliminary injunctive relief measures

1. The decision to grant, change or cancel preliminary injunctive relief shall become effective
immediately.

2. The Court shall deliver or forward [copies of] the decision to grant, change or cancel preliminary
injunctive relief to the applicant, to the person who is subject to the preliminary injunctive relief, to
relevant entities, to the competent agency for enforcement of civil judgements and to the procuracy
of the same jurisdiction immediately after issuing such decision.

Article 140 Complaints or petitions against decisions to grant, change or cancel or refuse to grant,
change or cancel preliminary injunctive relief

Any concerned party has the right to lodge a complaint, and the procuracy has the right to lodge a petition
against the decision to grant, change or cancel preliminary injunctive relief, or against the fact that the judge
has refused to issue a decision to grant, change or cancel preliminary injunctive relief with the chief justice
of the Court which is resolving the case. The time-limit for a complaint or petition shall be three working
days from the date of receipt of the decision to grant, change or cancel preliminary injunctive relief or the
response of the judge refusing to issue a decision to grant, change or cancel preliminary injunctive relief.

Article 141 Resolving complaints and petitions against decisions to grant, change or cancel or refuse to
grant, change or cancel preliminary injunctive relief

1. The chief justice of the Court shall consider and resolve a complaint or petition specified in article 140
of this Code within three working days from the date of receipt of the complaint or petition.

2. The decision of the chief justice resolving the complaint or petition shall be final and must be
delivered or forwarded immediately in accordance with clause 2 of article 139 of this Code.

3. During the trial, the resolution of complaints and petitions shall be subject to the jurisdiction of the
Council of Adjudicators. The decision of such Council of Adjudicators resolving the complaint or
petition shall be final.

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Article 142 Executing decisions to grant, change or cancel preliminary injunctive relief

1. Decisions to grant, change or cancel preliminary injunctive relief shall be executed in accordance
with the law on enforcement of civil judgments.

2. In cases of decisions granting preliminary injunctive relief in respect of property with registration of
ownership rights or right to use, the concerned party shall be obliged to submit a copy of such
decision to the agency in charge of registration of ownership rights or right to use.

CHAPTER IX

Court Fees, Charges and Other Judicial Expenses

SECTION 1

Court Fees and Charges

Article 143 Court fee deposits, charge deposits, court fees and charges

1. Court fee deposits comprise court fee deposits for first instance hearings and court fee deposits for
appeal hearings.

2. Court fees comprise court fees for first instance hearings and court fees for appeal hearings.

3. Charge deposits for resolution of a civil matter comprise a charge deposit for first instance hearings
and a charge deposit for appeal hearings.

4. Charges include charges for provision of copies of judgments, decisions or other papers of the Court;
charges for lodging petitions with the Court to resolve civil matters; charges for resolving civil matters
and other charges stipulated by law.

Article 144 Dealing with court fee deposits, charge deposits and paid court fees and charges

1. All collected court fees and charges must be paid in full and in a timely manner into the State Budget
via the State Treasury.

2. Court fee deposits and charge deposits shall be paid to the agency for legal enforcement for transfer
into an escrow account opened at the State Treasury and shall then be withdrawn in order to enforce
judgment under a decision of the Court..

3. In cases where a person who has paid a court fee deposit or charge deposit must bear a court fee or
charge, the paid deposit must be paid to the State Budget immediately after the judgement or
decision of the Court is legally enforceable.

In cases where a person who has paid a court fee deposit or charge deposit is entitled to a refund of
all or part of the amount already paid under the judgement or decision of the Court, the agency for
legal enforcement which has collected the court fee deposit or charge deposit shall carry out the
procedures to refund the money to such person.

4. Where the resolution of a civil affair is temporarily suspended, the paid court fee deposit or charge
deposit shall be dealt with upon resumption of resolution of the affair.

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Article 145 Regime of collection and payment of court fee deposits, charge deposits, court fees and
charges

The collection of court fee deposits and court fees or charge deposits and charges, and the payment of
court fee deposits or charge deposits shall be subject to law.

Article 146 Obligation to pay court fee deposits and charge deposits

1. A plaintiff, a defendant counterclaiming against a plaintiff and a person with related rights and
obligations who makes an independent claim in a civil case must pay a court fee deposit for first
instance hearings; and persons who lodge an appeal in accordance with the appellate proceedings
must pay a court fee deposit for the appeal hearing, except where a court fee deposit is exempted or
is not required to be paid.

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

Applicable to petitions for recognition of divorce by consent, or an agreement on raising children and
distribution of property upon divorce, spouses may agree on payment of a charge deposit, except
where a charge deposit is exempted or is not required to be paid in accordance with the law. Where
the spouses fail to reach an agreement on who will pay a charge deposit, each person must pay half
of the charge deposit.

Article 147 Obligation to bear court fees for first instance hearings

1. The litigants shall bear court fees for first instance hearings in the case where their claim is not
accepted by the Court, except for the cases where a court fee is exempted or is not required to be
paid.

2. Where the litigants cannot determine by themselves their own share of multiple ownership property
and petition the Court to divide such multiple ownership property, each litigant must bear the court
fee for first instance hearings corresponding to the value of the share of the property to which such
litigant is entitled.

3. Prior to the commencement of a court hearing, the Court shall carry out conciliation and if the parties
reach an agreement on settlement of the case, they shall only bear fifty (50) per cent of the court fees
for first instance hearings stipulated in clauses 1 and 2 of this article.

4. A plaintiff in a divorce case must bear a court fee for first instance hearings regardless of whether or
not the claim of the plaintiff is accepted by the Court. In cases of divorce by consent of both parties,
each concerned party shall bear half of the court fee for first instance hearings.

5. If a litigant in a case is exempt from a court fee for first instance hearings, other litigants shall still be
liable to pay a court fee for first instance hearings as stipulated in clauses 1 to 4 above.

6. Where the resolution of a case is temporarily suspended, the obligation to bear the court fee for first
instance hearings shall be determined upon resumption of resolution of the case in accordance with
this article.

Article 148 Obligation to bear court fees for appeal hearings

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1. Appellants shall bear court fees for appeal hearings where the appellate court upholds the judgment
or decision of the first instance court subject to the appeal, except for the cases where a court fee for
appeal hearings is exempted or is not required to be paid.

2. Where the appellate court varies the judgment or decision of the first instance court subject to the
appeal, the appellant shall not be required to bear a court fee for appeal hearings; and the appellate
court must re-determine the obligation to bear a court fee for first instance hearings in accordance
with article 147 of this Code.

3. Where the appellate court sets aside the judgment or decision of the first instance court subject to the
appeal in order to conduct a rehearing at first instance, the appellant shall not be required to bear a
court fee for appeal hearings; and the obligation to pay a court fee shall be re-determined upon retrial
of the case at first instance.

Article 149 Obligation to bear charges

1. The obligation to bear charges shall be subject to each specific type of civil matter and as stipulated
by law.

2. Applicable to petitions for recognition of divorce by consent, or an agreement on raising children and
distribution of property upon divorce, spouses may agree on bearing the charge, except where a
charge is exempted or is not required to be born in accordance with the law.

Where the spouses fail to reach an agreement on who will bear the charge, each person must bear
half of the charge.

Article 150 Specific provisions on court fees and charges

Based on the Law on Charges and Fees and this Code, the Standing Committee of the National Assembly
shall provide specific regulations on court fees and charges, rates of court fees or charges applicable to
each specific type of affairs, cases where a court fee or charge is exempted or is not required to be paid,
and the regime of collection, payment, management and use of court fees and charges.

SECTION 2

Other Expenses of Proceedings

Article 151 Deposits for expenses of overseas judicial authorization and actual expenses of overseas
judicial authorization

1. The deposit for expenses of overseas judicial authorization is a sum of money estimated by the Court
for making payment [of expenses of] the judicial authorization upon collecting and providing
evidence, serving papers, files and data, summonsing witnesses and experts and for requests for
mutual legal assistance relating to the resolution of the civil affair.

2. The expense of overseas judicial authorization is the reasonable and necessary amount of money
which is payable for the performance of judicial authorization in accordance with the law of Vietnam
and of the country to which the request for judicial authorization is made.

Article 152 Obligation to pay deposits for expenses of overseas judicial authorization

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1. Plaintiffs, persons who lodge an appeal in accordance with the appellate proceedings or other
litigants in the case shall pay a deposit for expenses of overseas judicial authorization when their
petition requires overseas judicial authorization.

2. Persons petitioning a Court to resolve a civil matter, persons who lodge an appeal in accordance with
the appellate proceedings or other litigants in a civil matter must pay a deposit for expenses of
overseas judicial authorization when their petition requires overseas judicial authorization.

Article 153 Obligation to bear expenses of overseas judicial authorization

Unless otherwise agreed by the concerned parties or stipulated by law, the obligation to bear expenses of
overseas judicial authorization is determined as follows:

1. The litigants must bear the expenses of overseas judicial authorization if their petition for resolution of
a matter is accepted by the Court.

2. Where [the litigants] petition the Court to divide such multiple ownership property, each person to
whom property is distributed shall bear the share of expenses of overseas judicial authorization
corresponding to the value of the share of the property to which such litigant is entitled.

3. A plaintiff in a divorce case must pay expenses of oversea judicial authorization regardless of
whether or not the claim of the plaintiff is accepted by the Court. In cases of divorce by consent of
both parties, each concerned party shall bear half of the expenses of overseas judicial authorization.

4. In the case of suspension of the resolution of a case prescribed in article 217.1(c) or 299.1(b) of this
Code, the plaintiff shall bear expenses of overseas judicial authorization.

In the case of suspension of the appeal hearing prescribed in article 289.1(b) or 296.3 of this Code,
the person who lodges an appeal in accordance with the appellate proceedings shall bear expenses
of overseas judicial authorization.

5. Where the resolution of a case is otherwise suspended in accordance with this Code, the person who
lodges the petition shall bear expenses of overseas judicial authorization.

Article 154 Dealing with deposits for expenses of overseas judicial authorization

1. Where a person who has paid a deposit for expenses of judicial authorization is not required to bear
the actual expenses of judicial authorization, the person who must pay expenses of judicial
authorization under a decision of the Court shall make a refund to the person who has paid the
deposit for expenses of judicial authorization.

2. Where a person who has paid a deposit for expenses of judicial authorization is required to bear the
actual expenses of judicial authorization, if the paid deposit is insufficient for the actual expenses of
judicial authorization, he or she shall pay the shortfall; if the paid deposit is greater than the actual
expenses of judicial authorization, he or she shall be entitled to a refund of the excess amount under
a decision of the Court.

Article 155 Deposits for expenses of on-the-spot inspection and evaluation and expenses of on-the-spot
inspection and evaluation

1. The deposit for expenses of on-the-spot inspection and evaluation means a sum of money estimated
by the Court in order to conduct such inspection and valuation.

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2. The expenses of on-the-spot inspection and valuation means the reasonable and necessary amount
of money which is payable for such inspection and valuation on the basis of the provisions of law.

Article 156 Obligation to pay deposits for expenses of on-the-spot inspection and valuation

1. The person who requests the on-the-spot inspection and valuation shall pay a deposit for expenses
of such inspection and valuation at the request of the Court.

2. If the Court deems it necessary and makes a decision on on-the-spot inspection and valuation, then
the plaintiff, the person petitioning the Court to resolve the civil matter, or the person who lodges an
appeal in accordance with the appellate proceedings must pay a deposit for expenses of on-the-spot
inspection and valuation.

Article 157 Obligation to bear expenses of on-the-spot inspection and valuation

Unless otherwise agreed by the concerned parties or stipulated by law, the obligation to bear expenses of
an on-the-spot inspection and valuation is determined as follows:

1. The litigants must bear expenses of on-the-spot inspection and valuation if their petition is not
accepted by the Court.

2. Where [the litigants] petition the Court to divide multiple ownership property, each person to whom
property is distributed shall bear the share of expenses of on-the-spot inspection and valuation
corresponding to the value of share of the property to which such litigant is entitled.

3. A plaintiff in a divorce case must pay expenses of on-the-spot inspection and valuation regardless of
whether or not the claim of the plaintiff is accepted by the Court. In cases of divorce by consent of
both parties, each concerned party shall bear half of the expenses of on-the-spot inspection and
valuation.

4. In the case of suspension of the resolution of a case prescribed in article 217.1(c) or 299.1(b) of this
Code, the plaintiff shall bear expenses of on-the-spot inspection and valuation.

In the case of suspension of the appeal hearing prescribed in article 289.1(b) or 296.3 of this Code,
the person who lodges an appeal in accordance with the appellate proceedings shall bear expenses
of on-the-spot inspection and valuation.

5. Where the resolution of a case is otherwise suspended in accordance with this Code, the person who
requests an inspection and valuation shall bear expenses of on-the-spot inspection and valuation .

Article 158 Dealing with paid deposits for expenses of on-the-spot inspection and valuation

1. Where a person who has paid a deposit for expenses of on-the-spot inspection and valuation is not
required to bear the expenses of the actual on-the-spot inspection and valuation, the person who
must bear expenses of same under a decision of the Court shall make a refund to the person who
paid such deposit for expenses of the on-the-spot inspection and valuation.

2. Where a person who paid a deposit for expenses of on-the-spot inspection and valuation is required
to bear such actual expenses and the paid deposit is insufficient for the actual expenses, then he or
she shall pay the shortfall; if the paid deposit is greater than the actual expenses of the on-the-spot
inspection and valuation then he or she is entitled to a refund of the excess amount under a decision
of the Court.

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Article 159 Deposit for expenses of examination and expenses of examination

1. A deposit for expenses of examination means a sum of money estimated by an expert in order to
conduct an examination pursuant to a decision of the Court or an examination at the request of a
concerned party [litigant].

2. The expenses of examination are the reasonable and necessary amount of money which is payable
for the examination and is calculated by the expert on the basis of the provisions of law.

Article 160 Obligation to pay deposits for expenses of examination

Unless otherwise agreed by the concerned parties or stipulated by law, the obligation to pay a deposit for
expenses of examination is determined as follows:

1. A person who requests the Court to seek the opinion of an expert shall pay a deposit for expenses of
examination.

Where the concerned parties request the Court to seek the opinion of an expert on the same object,
each litigant shall pay half of the deposit for expenses of examination.

2. Where the Court deems it necessary and makes a decision seeking the opinion of an expert, the
plaintiff, the person petitioning the Court to resolve the civil matter, or the person who lodges an
appeal in accordance with the appellate proceedings must pay a deposit for expenses of
examination.

3. If a litigant, person who lodged the petition for resolution of the civil matter or appellant has requested
the Court to seek the opinion of an expert, but its, his or her request is refused and thereafter has
itself, herself or himself requested an organization or individual to conduct an examination, payment
of a deposit for expenses of examination is made in accordance with the Law on Judicial
Examination.

Article 161 Obligation to pay expenses of examination

Unless otherwise agreed by the parties or stipulated by law, the obligation to bear expenses of examination
are determined as follows:

1. The person who requests the Court to seek the opinion of an expert shall bear expenses of
examination if the result of examination substantiates that the request of such person was
groundless. If the result of examination substantiates that the request of such person is partially
grounded, such person must pay expenses of examination for the part of his or her request which
has been substantiated as groundless.

2. The person who does not accept the request for the opinion of an expert made by another concerned
party in the case, shall pay expenses of examination if the result of examination substantiates that
the request of the person who requested the opinion of an expert was well grounded. If the result of
examination substantiates that the request for the opinion of an expert was partially grounded, the
person who does not accept the request for the opinion of an expert must pay expenses of
examination corresponding to the part of the request which has been substantiated as well grounded.

3. In the case of suspension of the resolution of a case prescribed in article 217.1(c) or 299.1(b) of this
Code, the plaintiff shall bear expenses of examination.

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 In the case of suspension of the appeal hearing prescribed in article 289.1(b) or 296.3 of this Code,
the person who lodged the appeal in accordance with the appellate proceedings shall bear
expenses of examination.

4. Where a person himself or herself requests an examination in accordance with article 160.3 of this
Code and the result of examination substantiates that his or her request is well grounded, the losing
party shall bear the expenses of examination. If the result of examination substantiates that his or
her request for examination was partially grounded, such person shall bear expenses of examination
for the part of his or her request which is substantiated as groundless.

5. Where the resolution of a case is otherwise suspended in accordance with this Code, the person who
requests the opinion of an expert shall bear the expenses of examination.

Article 162 Dealing with paid deposits for expenses of examination

1. Where a person who has paid a deposit for expenses of examination is not required to bear the
actual expenses of examination, the person who must pay expenses of examination under a decision
of the Court shall make a refund to the former person who paid such deposit.

2. Where a person who paid a deposit for expenses of an examination is required to bear the actual
expenses of examination, if the paid deposit is insufficient for the actual expenses of examination, he
or she shall pay the shortfall; if the paid deposit is greater than the actual expenses of examination,
he or she is entitled to a refund of the excess amount under a decision of the Court.

Article 163 Deposits for expenses of valuation of assets and expenses of valuation of assets

1. The deposit for expenses of valuation of assets is a sum of money estimated by the valuation council
in order to conduct the valuation of assets in accordance with the decision of the Court.

2. The expenses of valuation of assets are the reasonable and necessary amount of money which is
payable for the valuation of assets and is calculated by the valuation council on the basis of the
provisions of law.

Article 164 Obligation to pay deposits for expenses of valuation of assets

Unless otherwise agreed by the concerned parties or stipulated by law, the obligation to pay a deposit for
expenses of valuation of assets shall be determined as follows:

1. The person who requests the valuation of assets shall pay a deposit for expenses of valuation of
assets.

2. Where the concerned parties disagree on a price and jointly request the Court to carry out a valuation
of assets, each litigant shall pay half of the deposit for expenses of valuation of assets. If there are
several litigants, such litigants shall jointly pay a deposit for expenses of valuation of assets at the
rate decided by the Court.

3. Applicable to the cases prescribed in article 104.3 of this Code, the plaintiff or appellant shall pay a
deposit for expenses of valuation of assets.

Article 165 Obligation to pay expenses of valuation of assets or evaluation of prices

Unless otherwise agreed by the parties or stipulated by law, the obligation to pay expenses of valuation of
assets or evaluation of prices shall be determined as follows:

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1. The concerned parties shall bear expenses of valuation of assets if their request is not accepted by
the Court.

2. Where [the concerned parties] petition the Court to divide such multiple ownership property, each
person to whom property is distributed shall bear the share of expenses of valuation corresponding to
the value of share of the property to which such concerned party is entitled.

3. Where the Court issues a decision valuing assets prescribed in article 104.3(c) of this Code, the
obligation to bear expenses of valuation of assets is determined as follows:

(a) The concerned party shall bear expenses of valuation of assets prescribed in clause 1 above if
the result of valuation substantiates that the decision valuing assets of the Court is well
grounded;

(b) The Court shall pay expenses of valuation of assets if the result of valuation of assets
substantiates that the decision valuing assets of the Court is groundless.

4. Where the resolution of a case is suspended as prescribed in article 217.1(c) or 299.1(b) of this Code
and the valuation council has conducted a valuation, the plaintiff shall bear expenses of valuation of
assets.

Where the appeal hearing is suspended as prescribed in article 289.1(b) or 296.3 of this Code and
the valuation council has conducted a valuation, the person who lodged the appeal in accordance
with the appellate proceedings shall bear expenses of valuation of assets.

5. Where the resolution of a case is otherwise suspended in accordance with this Code and the
valuation council has conducted a valuation, the person who requested the valuation of assets shall
bear expenses of valuation of assets.

6. The obligation of the concerned parties to bear expenses of evaluation of the price of assets shall be
performed the same as the obligation to bear expenses of valuation of assets prescribed in clauses
1, 2, 4 and 5 above.

Article 166 Dealing with paid deposits for expenses of valuation of assets

1. Where a person who has paid a deposit for expenses of valuation of assets is not required to bear
the actual expenses of valuation, the person who must pay such actual expenses of valuation under
a decision of the Court shall make a refund to the former person who has paid the said deposit for
expenses of valuation.

2. Where a person who has paid a deposit for expenses of valuation of assets is required to pay the
actual expenses of the valuation, if the paid deposit is insufficient for the actual expenses of
valuation, he or she shall pay the shortfall; if the paid deposit is greater than the actual expenses of
valuation, he or she is entitled to a refund of the excessive amount.

Article 167 Expenses for witnesses

1. Reasonable and actual expenses for witnesses shall be borne by the concerned parties.

2. A person who requests the Courts to summons a witness shall bear expenses for such witness, if the
testimony of the witness is truthful but is incorrect in terms of the claim of the person who made the
request. If the testimony of the witness is truthful and correct in terms of the claim of the person who

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 requested the witness to be summonsed, these expenses shall be borne by the concerned party
which makes a claim independent of the claim of the former party [the person who requested the
witness to be summonsed].

Article 168 Expenses for interpreters and lawyers

1. Expenses for an interpreter means the sum of money payable to the interpreter during resolution of a
civil affair in accordance with the agreement between the concerned party and the interpreter or the
provisions of law.

2. Expenses for a lawyer means the sum of money payable to the lawyer in accordance with the
agreement between the concerned party and the lawyer within the scope stipulated by the legal
practising organization and the provisions of law.

3. Expenses for an interpreter or lawyer shall be borne by the person who has made the request, unless
otherwise agreed by the concerned parties.

4. Where the Court requests an interpreter [to be present], expenses for the interpreter shall be paid by
the Court.

Article 169 Specific provisions on other expenses for proceedings

Based on the provisions of this Code, the Standing Committee of the National Assembly shall provide
specific regulations on expenses of overseas judicial authorization, expenses of inspection and on-the-spot
valuation, expenses for examination or valuation of assets; expenses for witnesses, interpreters or lawyers
and other expenses for proceedings, and exemption and reduction of expenses for proceedings during
resolution of cases.

CHAPTER X

Issuance, Service and Notification of Legal Process

Article 170 Obligation to issue, serve or notify legal process

The courts, procuracies and agencies for legal enforcement shall issue, serve or notify legal process to
concerned parties, other persons participating in proceedings and related agencies, organizations and
individuals [entities] in accordance with this Code and relevant laws.

Article 171 Legal process to be issued, served or notified

1. Notification notes, written notices, summons, invitations in civil proceedings.

2. Judgments and decisions of the Court.

3. Decisions on protest of procuracies; and documents of the competent agency for civil judgement
enforcement.

4. Other legal process as stipulated by law.

Article 172 Persons carrying out the issuance, service and notification of legal process

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The issuance, service of process and notification of legal process shall be carried out by the following
persons:

1. Persons conducting proceedings or persons of the agency issuing the legal process who are
assigned with the duty to issue, serve or notify the legal process.

2. The people's committee of a commune in which the residence of the person participating in the civil
proceedings is located or the agency or organization for which the person participating in the civil
proceedings works, as requested by the Court.

3. The litigants, their representatives or persons protecting the lawful rights and interests of litigants in
the cases stipulated by this Code.

4. Postmen of a postal service provider.

5. Persons with the servicing function.

6. Other persons stipulated by law.

Article 173 Methods of issuing, serving and notifying legal process

The issuance, service and notification of legal process may be performed in accordance with the following
methods:

1. Issuance, service or notification is carried out directly, by postal services or via a third person
authorized to carry out issuance, service or notification.

2. Issuance, service or notification is carried out by electronic means at the request of the litigants or
other persons participating in the civil proceedings in compliance with the law on e-transactions.

3. Public display.

4. Notification on mass media.

5. Issuance, service or notification carried out by other methods in accordance with the provisions of
Chapter XXXVIII [38] of this Code.

Article 174 Legality of the issuance, service and notification of legal process

1. The issuance, service or notification of legal process which is carried out in accordance with the
provisions of this Code shall be deemed to be proper.

2. Any person who has the obligation to carry out the issuance, service or notification of legal process
must perform [such obligation] in accordance with the provisions of this Code.

A person who has the obligation to implement a legal process which has been properly issued,
served or notified must strictly implement [such legal process].

Article 175 Procedures for issuance, service or notification of legal process

1. A person who carries out the issuance, service or notification of a legal process shall deliver the legal
process directly to the person who is issued, served or notified with the relevant legal process. The
person who is issued, served or notified with the relevant legal process shall sign a record or book of

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 delivery of legal process. The point of time for calculation of the time-limit for proceedings shall be the
date on which he or she is issued, served or notified with the legal process.

2. The issuance, service or notification of a legal process by postal services must be carried out by
registered mail with the confirmation of the recipient of such legal process.

The advice of receipt with confirmation is sent back to the Court.

The point of time for calculation of the time-limit for proceedings shall be the date on which he or she
receives the legal process delivered by the postal service provider.

Article 176 Procedures for issuance, service or notification by electronic means

Issuance, service or notification by electronic means shall be carried out in accordance with the law on e-
transaction.

The Supreme People's Court shall provide guidelines on implementation of this article.

Article 177 Procedures for issuance, service or direct notification to individuals

1. Legal process shall be issued, served or notified by the method requested by the litigants to the
address that such litigants have notified to the Court or to the address which the litigants have agreed
and requested that the Court use for communications.

2. Where the person who is issued, served or notified [of a legal process] is an individual, such legal
process shall be delivered directly to such person. Such person must sign [an advice of receipt] for
confirmation in accordance with article 175.1 of this Code.

3. Where the person who is issued, served or notified [of a legal process] has relocated to a new place
of residence and has notified the Court of such change of place of residence, [the legal process] shall
be issued, served or notified to the new address of place of residence. Such person must sign or
make a fingerprint on [an advice of receipt] for confirmation in accordance with article 175.1 of this
Code. If he or she fails to notify the Court of the change of the address of his or her place of
residence and the address of the new place of residence, the Court shall act in accordance with
articles 179 and 180 of this Code.

4. Where the person who is issued, served or notified [of a legal process] refuses to receive the legal
process, the person who carries out the issuance, service or notification shall prepare a record
specifying the reason of the refusal, bearing the certification of the representative of the group of
residents in the urban area or police authority of a commune, ward or township regarding the fact that
such person has refused to receive the legal process. The record is kept in the case file.

5. Where a person who is issued, served or notified [of a legal process] is absent, the person who
carries out the issuance, service or notification shall prepare a record and deliver [such legal process]
to his or her relative who has full capacity for civil acts and lives in the same place of residence with
the former or the head of a group of residents, or head of the hamlet, village, mountain village, or
highland village in order to sign or make a fingerprint [on the advice of receipt] for confirmation of
receipt and he or she shall be requested to undertake to deliver directly and promptly to the person
who is issued, served or notified [of a legal process]. The record is kept in the case file.

Where the person who is issued, served or notified [of a legal process] is absent and the time of his
return or the address of his or her place of residence is unclear, the person who carries out the
issuance, service or notification shall prepare a record on the failure to carry out the issuance,

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 service or notification bearing the certification of the representative of the group of residents in the
urban area or police authority of a commune, ward or township; and at the same time, carry out the
procedures for public display of the legal process which needs to be served as stipulated in article
179 of this Code. The record is kept in the case file.

Article 178 Procedures for direct issuance, service or notification to agencies and organizations

1. Where a person who is issued, served or notified [of a legal process] is an agency or organization,
the legal process shall be delivered directly to the legal representative or person in charge of receipt
of documents of such agency or organization and the signature of such person for confirmation of
receipt shall be required. Where an agency or organization which is issued, served or notified [of a
legal process] has its representative participating in the proceeding or delegates its representative to
receive legal process, the signature of such person for confirmation of receipt of the legal process
shall be required. Date of signing for confirmation of receipt shall be the date of issuance, service or
notification.

2. Where the person who is issued, served or notified [of a legal process] refuses to receive the legal
process or is absent, the provisions of clauses 4 and 5 of article 177 of this Code shall apply.

Article 179 Procedures for public display

1. The public display of a legal process shall only be carried out in cases where it is impossible to
directly carry out issuance, service or notification of the legal process in accordance with articles 177
and 178 of this Code.

2. The Court shall directly carry out, or authorize a person with the serving function or the people's
committee of a commune where the litigant resides or where the head office of the agency or
organization is situated to carry out the public display of the legal process in accordance with the
following procedures:

(a) Displaying the original copy at the office of the Court or of the people's committee of the
commune where the place of residence or the last place of residence of the individual is
located, or where the head office or the last head office of the agency or organization which is
issued, served or notified [of the legal process] is located;

(b) Displaying a photocopy at the place of residence or the last place of residence of the individual
is located, or where the head office or the last head office of the agency or organization which
is issued, served or notified [of the legal process] is located;

(c) Preparing a record of the performance of the procedures for public display specifying the date
of display.

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

Article 180 Procedures for notification on mass media

1. Notification on the mass media shall be carried out when the law so provides or there are grounds to
determine that public display will not ensure that the person who is issued, served or notified will
receive information about the legal process which is required to be issued, served or notified.

2. Notification on the mass media may be carried out if other concerned parties so request. In this
case, such concerned parties shall bear charges for notification on the mass media.

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3. The notice on mass media shall be published on the portal of the Court or in three consecutive issues
of one central daily newspaper and broadcast by the central radio station or television station three
times over three consecutive days.

Article 181 Notification of results of issuance, service or notification of legal process

Where a person carrying out the issuance, service or notification of a legal process is not the Court or the
agency issuing such legal process or an official of such agency, such former person shall promptly notify ly
the Court or the agency issuing such legal process of the result of the issuance, service or notification of the
legal process.

CHAPTER XI

Time-limits for Proceedings

Article 182 Time-limits for proceedings

1. The time-limit for proceedings shall be the length of time calculated from one point of time to another
for a person conducting proceedings, a person participating in proceedings or a concerned agency,
organization or individual to carry out litigatory acts stipulated by this Code.

2. A time-limit may be calculated by reference to hours, days, weeks, months or years, or by reference
to the happening of an event.

Article 183 Application of the provisions of the Civil Code in relation to time-limits

The methods of calculating time-limits for proceedings and provisions on time-limits for proceedings and
points of time for commencing or ending time-limits for proceedings in this Code shall be applied in
accordance with the relevant provisions of the Civil Code.

Article 184 Time-limits for initiation of a legal action and time-limits for lodgement of a petition for
resolution of civil matters

1. The limitation period for initiating a legal action or for lodging a petition for resolution of a civil matter
is subject to the provisions of the Civil Code.

2. The Court shall only apply the provisions on the limitation period upon request of one or several
parties for application of the limitation period provided that such request must be made before the
Court of first instance issues a judgement or decision on resolution of the affair.

The person who benefits from application of the limitation period is entitled to refuse the application
of the limitation period, unless such refusal is for the purpose of evading performance of his or her
obligations..

Article 185 Application of the provisions of the Civil Code in relation to limitation periods

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

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 PART II

Resolution Procedures for Cases at the Court of first instance

CHAPTER XII

Initiation of Legal Actions and Acceptance of Jurisdiction by the Court

Article 186 Right to initiate a legal proceeding

Any agency, organization or individual has the right to initiate by itself, himself or herself or by its, his or her
legal representative a legal proceeding (hereinafter referred to as the applicant) to petition a competent
Court to protect its, his or her lawful rights and interests.

Article 187 Right to initiate a civil proceeding to protect the lawful rights and interests of another person,
public interests and interests of the State

1. The State administrative agency in charge of family, the State administrative agency in charge of
children or Vietnam Women's Union is, depending on its duties and powers, entitled to initiate a legal
proceeding in relation to marriage and family in accordance with the provisions of the Law on
Marriage and Family.

2. The organization acting as the representative of the labour collective has the right to initiate a labour
legal proceeding in cases where it is deemed necessary to protect the lawful rights and interests of a
labour collective or upon authorization by an employee in accordance with law.

3. A social organization participating in protection of the interests of consumers has the right to act for
the consumers to initiate a legal proceeding to protect the interests of consumers or initiate by itself a
legal proceeding in the public interest in accordance with the Law on Protection of Interests of
Consumers.

4. Any agency or organization shall, depending on its duties and powers, have the right to initiate a civil
legal proceeding to petition the Court to protect the public interests or interests of the State in the
field under its authority or in accordance with the law.

5. An individual has the right to initiate a legal proceeding in relation to marriage and family to protect
the lawful rights and interests of another person in accordance with the Law on Marriage and Family.

Article 188 Scope of initiation of a legal proceeding

1. An agency, organization or individual may initiate a legal proceeding against one or several other
agencies, organizations or individuals in relation to one or several legal relations which are related to
each other for settlement in the same case.

2. Several agencies, organizations or individuals may jointly initiate a legal proceeding against another
agency, organization or individual in relation to one or several legal relations which are related to
each other for settlement in the same case.

3. The agencies, organizations or individuals prescribed in article 187 of this Code may initiate a legal
proceeding against one or several other agencies, organizations or individuals in relation to one or
several legal relations which are related to each other for settlement in the same case.

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Article 189 Form and contents of application for initiation of a legal proceeding

1. An agency, organization or individual initiating a legal proceeding shall prepare an application for a
legal action.

2. An application for a legal action is made as follows:

(a) An individual having full capacity for acts in civil proceedings may himself or herself make or
engage another person to make an application for a legal proceeding. The full name and
address of the place of residence of such individual shall be stated in the section for the name
and address of the place of residence of the applicant in the application; and such individual
must sign or make his or her fingerprint at the end of the application;

(b) Where an individual is a minor, person who lost capacity for civil acts or person having difficulty
in perceiving or controlling his or her own acts, his or her legal representative may himself or
herself make or engage another person to make an application for a legal proceeding. The full
name and address of the place of residence of the legal representative of such individual shall
be stated in the section for the name and address of the place of residence of the applicant in
the application; and such legal representative must sign or make his or her fingerprint at the
end of the application.

(c) An individual who falls under the circumstances prescribed in sub-clauses (a) and (b) above
and who is illiterate, visually impaired, who is unable to himself or herself make an application
for a legal proceeding or who is unable to sign or himself or herself place his/her fingerprint on
the document may engage another person to make an application for a legal proceeding and
must have a person who has full capacity for acts in civil proceedings to act as a witness. The
witness must sign such application for confirmation.

3. If an agency or organization is the applicant, the legal representative of such agency or organization
may himself or herself make or engage another person to make an application for a legal proceeding.
The name and address of the agency or organization and the full name and position of the legal
representative of such agency or organization shall be stated in the section for the name and address
of the applicant; and the legal representative of the agency or organization must sign and affix the
seal of such agency or organization at the end of the application. If the applicant is an enterprise, the
use of its seal shall be subject to the Law on Enterprises.

4. An application shall contain the following main contents:

(a) The date of the application;

(b) The name of the Court receiving the application;

(c) The name, place of residence and workplace of the applicant being an individual or head office
of the applicant being an agency or organization; telephone number, facsimile and email
address (if any);

Where the parties agrees on an address for communication by the Court, such address is
specified;

(d) The name, place of residence and workplace of any person with protected rights and interests
being an individual or head office of the entity with protected rights and interests being an
agency or organization; telephone number, facsimile and email address (if any).

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 (dd) The name, place of residence and workplace of the respondent being an individual or head
office of the respondent being an agency or organization; and telephone number, facsimile and
email address if any; where the place of residence, workplace or head office of the respondent
is unclear, the address of the last place of residence, workplace or head office of the
respondent is specified;

(e) The name, place of residence and workplace of any person with related rights and obligations
being an individual or head office of any entity with related rights and obligations being an
agency or organization, and telephone number, facsimile and email address, if any.

If the place of residence, workplace or head office of the person with related rights and
obligations is unclear, the address of the last place of residence, workplace or head office of
such person is specified;

(g) Infringed lawful rights and interests of the applicant; and specific matters which the Court is
petitioned to settle in respect of the respondent or persons with related rights and obligations;

(h) The full name and address of any witness, if any;

(i) List of data or evidence attached to the application.

5. The data and evidence substantiating that the lawful rights and interests of the applicant are infringed
must be attached to the application for a legal action. Where the applicant is unable to fully lodge
data and evidence attached to the application for a legal action for an objective reason, he or she
must lodge the existing data and evidence to substantiate that his, her or its lawful rights and
interests are infringed. The applicant shall supplement or lodge additional or other data or evidence
at the request of the Court during resolution of the case.

Article 190 Lodgement of applications for initiation of a legal action with the Court

1. The applicant shall lodge the application and enclosed data and evidence currently held by it to the
competent Court for settlement of the case by any of the following ways:

(a) Lodging directly with the Court;

(b) Sending by postal services to the Court;

(c) Sending online by an electronic form via the portal (if any) of the Court

2. The date of initiation of a legal action shall be the date on which the applicant lodges the application
for a legal action with the Court or the date indicated in the date stamp postmark affixed by the postal
service provider.

If it is impossible to identify the date in the date stamp postmark of the sending post office, the date of
initiation of a legal action is the date on which the applicant sends the application at a postal service
provider. The applicant has to prove such date; and if the applicant fails to do so, the date of initiation
of a legal action shall be the date on which the Court receives the application delivered by the postal
service provider.

3. Where the applicant sends online an application for a legal action, the date of initiation of the legal
action shall be the date of sending the application.

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4. Where the case is transferred to another Court in accordance with article 41 of this Code, the date of
initiation of the legal action is the date of sending the application for a legal action to the Court which
has accepted [the case] of the type which does not fall under its [the accepting Court's] jurisdiction,
and is determined in accordance with clauses 2 and 3 above.

5. The Supreme People's Court shall provide guidelines for implementation of this article.

Article 191 Procedures for receipt and dealing with applications for initiation of a legal action

1. The Court receives, via its section for receipt of applications, any application for initiation of a legal
action which is lodged directly or mailed by the applicant to the Court and then records it in the book
[register] of receipt of applications; or if the Court receives an application online, the Court prints it out
and records it in the register of receipt of applications.

Upon receipt of an application lodged directly [by the applicant], the Court is responsible for issuing
promptly a certificate of receipt to the applicant. In cases of receipt of an application by postal
services, the Court shall, within two working days from the date of receipt of the application, send a
notice of receipt of the application to the applicant. In cases of receipt of an application lodged
online, the Court shall promptly notify via its portal (if any) the applicant of the receipt of the
application.

2. Within three working days from the date of receipt of the application, the chief justice of the Court
shall assign a judge to consider the application.

3. The judge shall, within five working days from the date of assignment, consider the application and
make one of the following decisions:

(a) To make a request for amendments and additions to the application;

(b) To carry out the procedures for acceptance of the case in accordance with the general
procedures, or summary procedures if the case satisfies all the conditions for resolution in
accordance with the summary procedures prescribed in article 317.1 of this Code

(c) To transfer the application to the court with the appropriate jurisdiction and inform the applicant
if the case falls under the jurisdiction of another court;

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

4. The result of dealing with the application by the judge prescribed in clause 3 above must be noted in
the book of receipt of applications and notified via the portal (if any) of the Court to the applicant.

Article 192 Returning applications for initiation of a legal action and legal effect of the return of
applications for initiation of a legal action

1. The judge shall return an application in the following circumstances:

(a) The applicant does not have the right to initiate the legal action as prescribed in articles 186
and 187 of this Code or does not have full capacity for acts in civil proceedings;

(b) All conditions for initiation of a legal action prescribed by the law have not been satisfied;

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 The fact that all conditions for initiation of a legal action have not been satisfied means the
circumstance in which the law provides for the conditions for initiation of legal actions but the
applicant lodges an application for a legal action with the Court when one of such conditions is
not satisfied;

(c) The matter has been resolved by a legally enforceable judgment or decision of a Court or other
authorized State agency except where the Court has dismissed a petition for divorce or
change of [person] raising a child or change of level of support or level of compensation for
damage, petition for change of the asset administrator, administrator of the estate or guardian
or cases for recovery of property, recovery of leased or borrowed property or recovery of
rented or a borrowed house or land use right or house for living with the house owner and in
which the Court has not accepted the petition and for which a legal action may be initiated
again in accordance with law;

(d) The time-limit prescribed in article 195.2 of this Code has expired but the applicant has not
lodged a receipt for payment of the court fee deposit with the Court, unless the applicant is
exempted or is not required to pay a court fee deposit or there is an objective hindrance or
occurrence or an event of force majeure;

(dd) The case does not fall within the jurisdiction of the Court;

(e) The applicant fails to make the amendments and additions at the request of the judge
prescribed in article 193.2 of this Code.

Where the applicant has stated fully and correctly the address of the place of residence of the
respondent or person with related rights and obligations in the application for a legal action but
such person does not have a stable place of residence or regularly changes the place of
residence or office without notification of the new address to the agency or authorized person
as required by the law on residence which results in fact that the applicant does not know
[such new address] and aimed at concealing the address or avoiding the obligations to the
applicant, the judge shall not return the application and shall determine that the respondent or
person with related rights and obligations deliberately concealed his/her/its address, and shall
accept and settle the case in accordance with the general procedures.

Where the applicant did not state fully, specifically or states incorrectly the name and address
of the respondent or person with related rights and obligations but fails to make amendments
and additions at the request of the judge, the judge shall return the application;

(g) The applicant withdraws the application.

2. Upon return of the application and enclosed data and evidence to the applicant, the judge shall issue
a document specifying in writing the reasons for return of the application and at the same time,
forward same to the procuracy of the same jurisdiction. A copy of the application and the data and
evidence which the judge returns to the applicant shall be kept at the Court as the basis for resolution
of complaints or petitions where necessary.

3. A party concerned [litigant] has the right to relodge its application for initiation of a legal action in the
following circumstances:

(a) The applicant has acquired full capacity for acts in civil proceedings;

(b) The following types of petition which were previously not accepted by the Court but for which a
legal action may be reinitiated in accordance with law, namely a petition for divorce or change

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 of [person] raising a child or change of level of support [alimony] or level of compensation for
loss and damage, or petition for change of the asset administrator, administrator of the estate
or guardian or cases for recovery of property, recovery of leased or borrowed property or
recovery of rented or a borrowed house or land use right or house for living with the house
owner;

(c) All conditions for initiation of a legal action are satisfied;

(d) Other cases stipulated by law.

4. The Supreme People's Court shall provide guidelines for implementation of clauses 1 and 3 above.

Article 193 Request for amendments and additions to an application for initiation of a legal action

1. Where an application does not contain all contents stipulated in article 189.4 of this Code, the judge
shall notify in writing the matters which need to be amended or added to the applicant to enable the
applicant to make amendments and additions within a time-limit fixed by the judge, but such time-limit
shall not exceed one month; in special cases, the judge may extend such time-limit but the extension
shall not exceed fifteen (15) days. The written notice may be delivered directly, sent online or sent by
postal services to the applicant but must be noted in the book of receipt of applications for tracking.
The period for making amendments and additions to the application is not included in the limitation
period for initiating a legal action.

2. Where the applicant has made the amendments and additions to the application in accordance with
article 189.4 of this Code, the judge shall continue to accept the case; if the applicant fails to make
the amendments and additions requested, the judge shall return the application and enclosed data or
evidence to the applicant.

Article 194 Complaints and petitions and resolution of complaints and petitions regarding the return of
[non-acceptance of jurisdiction over] an application for initiation of legal action

1. Within ten (10) working days from the date of receipt of the document on return of the application for
initiation of a legal action, the applicant has the right to lodge a complaint or the procuracy has the
right to lodge a petition with the Court which has returned the application.

2. Upon receipt of the complaint or petition regarding the return of the application, the chief justice of the
Court shall assign another judge to consider and resolve the complaint or petition.

3. Within five working days from the date of assignment, the judge shall hold a meeting to consider and
resolve the complaint or petition. The representative of the procuracy of the same jurisdiction and
the concerned party making the complaint shall take part in the meeting to consider and resolve the
complaint or petition; where the concerned party is absent, the judge still holds the meeting.

4. Based on the data and evidence relating to the return of the application and the opinion of the
representative of the procuracy and the concerned party making the complaint in the meeting, the
judge shall issue either of the following decisions:

(a) To uphold the return of the application and notify same to the concerned party and the
procuracy of the same jurisdiction;

(b) To accept the re-filing of the application and enclosed data or evidence in order to accept the
case.

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5. Within a time-limit of ten (10) days from the date of receipt of the decision of the judge responding to
the complaint or petition regarding the return of the application, the applicant has the right to lodge a
complaint or the procuracy has the right to lodge a petition with the chief justice of the immediately
superior Court for his or her consideration and resolution.

6. The chief justice of the immediately superior Court shall, within a time-limit of ten (10) days from the
date of receipt of the complaint or petition regarding the return of the application, issue either of the
following decisions:

(a) To uphold the return of the application;

(b) To request the Court at first instance to accept the re-filing of the application and enclosed data
or evidence in order to accept the case.

The decision of the chief justice of the immediately superior Court resolving the complaint or petition
shall become effective and shall be forwarded promptly to the applicant, the procuracy of the same
jurisdiction, the procuracy which lodged the petition and the Court which issued the decision on
return of the application.

7. Where there are any grounds for determining that the decision of the chief justice of the immediately
superior Court prescribed in clause 6 above breaches the law, within a time-limit of ten (10) days
from the date of receipt of the decision, the concerned party has the right to lodge a complaint or the
procuracy has the right to lodge a petition with the chief justice of the superior Court in cases of
decisions of the provincial people's court which are complained against or are subject to the petition
or with the Chief Justice of the Supreme People's Court in cases of decisions of the superior people's
court which are complained against or are subject to the petition.

The chief justice shall, within a time-limit of ten (10) days from the date of receipt of the complaint of
the concerned party or the petition of the procuracy, resolve same. The decision of the chief justice
shall be final.

Article 195 Acceptance of jurisdiction over a case

1. Upon receipt of an application and enclosed data and evidence, where the judge considers that the
case falls within the jurisdiction of the Court, he or she shall immediately notify the applicant thereof
to enable the applicant to come to the Court to carry out the procedures for payment of a court fee
deposit if the applicant is required to pay a court fee deposit.

2. The judge shall estimate a court fee deposit and state it in the notification note which shall be given
to the applicant for payment of the court fee deposit. Within a period of seven days from the date of
receipt of the notification note on payment of a court fee deposit from the Court, the applicant must
pay the court fee deposit and lodge the receipt for the payment of the court fee deposit with the
Court.

3. The judge shall accept the case when the applicant submits a receipt for the payment of the court fee
deposit.

4. Where the applicant is entitled to exemption from, or is not required to make payment of a court fee
deposit, the judge shall accept the case upon receipt of the application and enclosed data or
evidence.

Article 196 Notification of acceptance of a case

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1. Within a time-limit of three working days from the date of accepting [jurisdiction over] a case, the
judge shall give notification in writing that it has accepted the case to the plaintiff, defendant, and
agencies, organizations and individuals with rights and obligations relating to the settlement of the
case and to the procuracy of the same jurisdiction.

Applicable to cases for which a consumer initiates a legal action, the Court shall publicly display
information about the acceptance of the case at its head office within three working days from the
date of acceptance of the case.

2. The written notification shall contain the following main contents:

(a) The date of the written notification;

(b) The name and address of the Court accepting the case;

(c) The name, address, telephone number, facsimile and email address (if any) of the applicant;

(d) Specific matters that the applicant has petitioned the Court to resolve;

(dd) The case was accepted in accordance with the general procedures or summary procedures;

(e) A list of data and evidence which are enclosed with the application for initiation of a legal
action;

(g) The time-limit for the defendant or persons with related rights and obligations to lodge his or
her opinion in writing opposing the claim of the applicant and attached data or evidence,
counterclaim or independent claim, if any, with the Court.

(h) Legal affect where the defendant or persons with related rights and obligations fail to lodge his
or her opinion in writing against the petition for a legal action with the Court.

3. Where the plaintiff lodges a petition with the Court to seek assistance in sending data and evidence,
the Court shall forward the notification of acceptance of the case accompanied by a copy of the data
and evidence provided by the plaintiff to the defendant or persons with related rights and obligations.

Article 197 Assignment of a judge to resolve a case

1. Based on the report on accepting jurisdiction over the case of the judge who is assigned to accept
the case, the chief justice of the Court shall make a decision assigning a judge to resolve the case
aimed at ensuring the principles of impartiality, objectiveness and contingency.

2. Within a time-limit of three working days from the date of acceptance of the case, the chief justice of
the Court shall make a decision assigning a judge to resolve the case.

Applicable to complex cases of which resolution may be prolonged, the chief justice of the Court shall
appoint a standby judge to ensure resolution by the deadline prescribed in this Code.

3. During resolution of the case, where the assigned judge is unable to perform his or her duties, the
chief justice of the Court shall assign another judge to perform such duties; where there is no standby
judge, the case must be heard again from the beginning and the Court shall give notification thereof
to the concerned parties and the procuracy of the same jurisdiction.

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Article 198 Duties and powers of a judge upon preparation of case files

1. Preparing a case file in accordance with article 204 of this Code.

2. Requesting concerned parties to lodge data and evidence with the Court.

3. Verifying or collecting evidence in accordance with clauses 2 and 3 of article 97 of this Code.

Article 199 Rights and obligations of defendants and persons with related rights and obligations upon
receipt of notification

1. During a period of fifteen (15) days from the date of receipt of notification, a defendant or person with
related rights and obligations must lodge his or her opinion in writing against the claim of the plaintiff
and attached data or evidence, counterclaim or independent claim, if any, with the Court.

Where an extension of such period is required, the defendant or person with related rights and
obligations shall submit an application for an extension to the Court specifying the reasons therefor;
where the application for an extension is well grounded, the Court shall grant an extension, but it
shall not exceed fifteen (15) days.

2. The defendant or person with related rights and obligations has the right to petition the Court to allow
him or her to view, take a note or photocopy the application for initiation of a legal action and the
attached data or evidence, except for the data and evidence prescribed in article 109.2 of this Code.

Article 200 Right of defendants to counter-claim

1. Apart from the lodgement with the Court of its opinion in writing against the claim of the plaintiff, the
defendant has the right to counter-claim against the plaintiff or person with related rights and
obligations who made an independent claim:

2. The counter-claim of the defendant against the plaintiff or person with related rights and obligations
who made an independent claim shall be accepted in one of the following cases:

(a) The counter-claim for the obligation is to offset against the claim of the plaintiff or person with
related rights and obligations who made the independent claim;

(b) The acceptance of the counter-claim will result in the exclusion of all or part of the claim of the
plaintiff or of the person with related rights and obligations who made the independent claim;

(c) There is a connection between the counter-claim and the claim of the plaintiff or person with
related rights and obligations who made the independent claim and if they are resolved in the
same case, resolution of the case will be more accurate and quicker.

3. A defendant has the right to make a counter-claim prior to the time of holding a meeting to check the
delivery, access and disclosure of evidence and conciliation.

Article 201 Right of persons with related rights and obligations to make an independent claim

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1. Where a person with related rights and obligations does not participate in proceedings together with
the plaintiff or defendant, he or she has the right to make an independent claim upon satisfying the
following conditions:

(a) The resolution of the case is related to his or her rights and obligations;

(b) His or her independent claim is related to the case under resolution;

(c) If his or her independent claim is resolved in the same case, the resolution of the case will be
more accurate and quicker.

2. A person with related rights and obligations has the right to make an independent claim prior to the
time of holding a meeting to check the delivery, access and disclosure of evidence and conciliation.

Article 202 Procedures for counter-claims and independent claims

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

CHAPTER XIII

Conciliation and Preparation for Trial

Article 203 Time-limit of preparation for trial

1. Time-limits for preparation of cases of all types, except for cases which are heard in accordance with
the summary procedures or cases involving foreign elements, are provided as follows:

(a) With respect to the cases specified in articles 26 and 28 of this Code, the time-limit shall be
four months from the date of acceptance of the case;

(b) With respect to the cases specified in articles 30 and 32 of this Code, the time-limit shall be
two months from the date of acceptance of the case.

With respect to cases of a complex nature or there is an event of force majeure or objective
hindrance, the chief justice of the Court may decide to extend the time-limit for preparation for trial,
but [the extension] shall not exceed two months for the cases referred to in sub-clause above and
one month for the cases referred to in sub-clause (b) above.

Where there is a decision temporarily suspending the case, the period for preparation for trial shall be
re-calculated from the effective date of the decision of the Court resuming resolution of the case.

2. During the period of preparation for trial, the judge shall perform the following duties and exercise the
following powers:

(a) Preparing a case file in accordance with article 198 of this Code;

(b) Identifying the status of the concerned parties and other persons participating in the
proceedings;

(c) Identifying the disputed relationship between the concerned parties and the law which needs to
apply;

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 (d) Clarifying the objective nature of the matter;

(dd) Verifying or collecting evidence in accordance with this Code;

(e) Granting preliminary injunctive relief;

(g) Holding a meeting to check the delivery, access and disclosure of evidence and conciliation in
accordance with this Code, unless the case is resolved in accordance with the summary
procedures;

(h) Performing other duties and powers stipulated by this Code.

3. During the period of preparation for trial stipulated in clause 1 of this article, subject to each case, the
judge shall issue one of the following decisions:

(a) To acknowledge the settlement by the parties;

(b) To temporarily suspend [stay] resolution of the civil case;

(c) To suspend resolution of the civil case;

(d) To bring the case to a hearing;

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

Article 204 Preparation of civil case files

1. A civil case file shall comprise an application and all data and evidence of the concerned parties and
other persons participating in the proceedings; data and evidence collected by the Court in relation to
the case; and legal process of the Court and procuracy regarding resolution of the civil case.

2. The papers and data in a civil case file must be numbered as [the number of] records; and shall be
arranged in chronological order. The first paper or document is put on the bottom and last one is put
on the top and [such papers and data] are managed, kept and used in accordance with law.

Article 205 Principles of conciliation

1. During the period of preparation for trial at first instance, the Court shall carry out conciliation to
enable the parties to reach an agreement on settlement of the case, except for the cases in which
conciliation is not allowed or is unable to be carried out as stipulated in articles 206 and 207 of this
Code or except for cases resolved in accordance with summary procedures.

2. Conciliation shall be carried out on the following principles:

(a) Respecting the voluntary agreement of the concerned parties, not using force or a threat to
use force or compelling the concerned parties to make an agreement contrary to their will;

(b) The contents of the agreement between the concerned parties must not breach the provisions
of the law on prohibited conduct and must not be contrary to social morality.

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Article 206 Civil cases in which conciliation is not allowed

1. Claims for compensation for the reason of causing loss and damage to State property.

2. Cases arising from civil transactions which breach the provisions of the law on prohibited conduct or
are contrary to social morality.

Article 207 Civil cases in which conciliation is unable to be carried out

1. A defendant or person with related rights and obligations who has been properly summonsed by the
Court intentionally fails to appear twice.

2. Any concerned party cannot participate in the conciliation for proper reasons.

3. A concerned party being the wife or husband in a divorce case is a person who has lost the capacity
for civil acts.

4. One of the concerned parties requests not to carry out a conciliation.

Article 208 Notification of a meeting to check the delivery, access and disclosure of evidence and to carry
out conciliation

1. The judge shall hold a meeting to check the delivery, access and disclosure of evidence and to carry
out the conciliation between the concerned parties. Before holding a conciliation meeting, the judge
shall notify the concerned parties or their legal representatives and the persons protecting their lawful
rights and interests of the time, place and agenda of the conciliation meeting.

2. Applicable to the civil cases in which conciliation is not allowed or is unable to be carried out as
stipulated in article 206 or 207 of this Code, the judge holds a meeting to check the delivery, access
and disclosure of evidence but does not carry out a conciliation.

3. Applicable to marriage and family cases relating to a minor, before holding a meeting to check the
delivery, access and disclosure of evidence and to carry out a conciliation between the concerned
parties, the judge or verifier appointed by the chief justice of the Court must collect data and evidence
in order to identify the cause of the dispute arising. Where necessary, the judge may consult the
State administrative agency for family or the State administrative agency for children about the family
circumstances, the cause of the dispute arising and aspirations of the wife, husband or child relating
to the case.

Applicable to disputes regarding raising of children upon divorce or a change of the person directly
raising children after divorce, the judge must seek an opinion of a child who is seven or more years of
age or, where necessary, may invite a representative of the State administrative agency for family or
the State administrative agency for children to act as a witness or to make its recommendations. The
seeking of the opinion of the child being a minor and other legal proceedings applicable to minors
must ensure that [such legal proceedings] are friendly and appropriate with the psychology, age
group, maturity and perceptivity of the minor, and ensure the lawful rights and interests and maintain
privacy of the minor.

Article 209 Composition of a meeting to check the delivery, access and disclosure of evidence and to
carry out conciliation

1. The participants in the meeting comprise:

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 (a) The judge who shall preside over the meeting;

(b) The court clerk who shall prepare minutes of the meeting;

(c) The concerned parties or their legal representatives;

(d) The representative of the organization acting as the representative of the labour collective
applicable to labour cases when the employees so request, except for labour cases in which
the organization acting as the representative of the labour collective is the representative or
person protecting the lawful rights and interests of the labour collective or employee. If the
representative of the organization acting as the representative of the labour collective does not
participate in the conciliation, he or she must provide his or her opinion in writing;

(dd) The persons (if any) protecting the lawful rights and interests of the concerned parties;

(e) An interpreter (if any).

2. Where necessary, the judge shall request the relevant individuals, agencies and organizations to
participate in the meeting; and applicable to marriage and family cases, the judge shall request a
representative of the State administrative agency for family, the State administrative agency for
children or Vietnam Women's Union to participate in the meeting; where such representatives are
absent, the Court still holds the meeting.

3. In a case with several concerned parties where one of them is absent, but the concerned parties
which are present still agree to carry out the meeting and such meeting does not affect the rights and
obligations of the absent party, the judge shall carry out the meeting between the concerned parties
present; if the parties request an adjournment of the conciliation meeting to enable all parties to the
case to be present, the judge shall adjourn the meeting. The judge must notify the concerned parties
of the adjournment of the meeting and of the re-holding of the meeting.

Article 210 Sequence of a meeting to check the delivery, access and disclosure of evidence and for
conciliation

1. Before holding a meeting, the court clerk shall report the presence and absence of the persons
participating in the meeting to whom the Court has given notification. The judge presiding over the
meeting shall inspect the presence of the persons participating [in the meeting] and their identity
cards and explain to the concerned parties their rights and obligations prescribed in this Code.

2. Upon checking the delivery, access and disclosure of evidence, the judge shall make public the data
and evidence in the case file and ask the concerned parties about the following issues:

(a) The petition and scope of the legal proceeding, amendment, supplement, change or
withdrawal of the petition for a legal proceeding, counterclaim, independent claim; issues
which [the concerned parties] agree or cannot agree with each other and petition the Court for
resolution;

(b) Data and evidence already delivered to the Court and the delivery of data and evidence to
other concerned parties;

(c) Supplements to data and evidence; requesting the Court to collect data and evidence;
requesting the Court to summons other concerned parties, witnesses and other persons
participating in proceedings during the trial;

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 (d) Other issues which the concerned parties consider necessary.

3. After the concerned parties complete their presentation, the judge shall consider the opinions and
resolve the petitions of the concerned parties prescribed in clause 2 above. Where a person who is
summonsed by the Court is absent, the Court shall notify such person of the meeting results.

4. The procedures for conciliation are carried out as follows:

(a) The judge shall let the concerned parties know the provisions of the law relating to the
resolution of the case to enable the concerned parties to relate them to their rights and
obligations and analyse the legal effects of a successful settlement to enable them to
voluntarily agree with each other on resolution of the case;

(b) The plaintiff or the person protecting the lawful rights and interests of the plaintiff shall present
the content of the dispute and supplements to the petition for a legal proceeding; and the
grounds for protection of such petition and make his or her position on how the matter could be
reconciled and the direction (if any) for resolution of the case;

(c) The defendant or the person protecting the lawful rights and interests of the defendant shall
present his or her views on the petition of the plaintiff, his or her counterclaim (if any); the
grounds for his or her protest against the petition of the plaintiff; and the grounds for protection
of his or her counterclaim and make his or her position on how the matter could be reconciled
and the direction (if any) for resolution of the case;

(d) A person with related rights and obligations or the person protecting his or her lawful rights and
interests shall present his or her view on the petition of the plaintiff or of the defendant; present
his or her independent claim (if any); the grounds for his or her protest against the petition of
the plaintiff or defendant; and the grounds for protection of his or her independent claim and
make his or her position on how the matter could be reconciled and the direction (if any) for
resolution of the case;

(dd) Other persons (if any) participating in the conciliation meeting shall present their opinions;

(e) After the concerned parties or persons protecting their lawful rights and interests present their
opinions, the judge shall determine the issues which have been agreed or have not been
agreed by the concerned parties and shall request the concerned parties to present their
additional opinions on the items which are unclear or are not agreed [by them];

(g) The judge shall conclude on the issues which the concerned parties have agreed or have not
agreed with each other.

Article 211 Minutes of the meeting to check the delivery, access and disclosure of evidence and carry out
conciliation

1. The court clerk must prepare minutes of the check of the delivery, access and disclosure of evidence
and the minutes of the conciliation

2. The minutes of the check of the delivery, access and disclosure of evidence shall contain the
following main contents:

(a) The date of the meeting;

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 (b) The place of the meeting;

(c) The parties participating in the meeting;

(d) The opinions of the concerned parties or their legal representatives on the items prescribed in
article 210.2 of this Code;

(dd) Other items;

(e) The decision of the Court to accept or refuse the petition of the concerned parties.

3. The minutes of conciliation shall contain the following main contents:

(a) The items prescribed in sub-clauses (a), (b) and (c) of clause 2 above;

(b) Opinions of the concerned parties or persons protecting their lawful rights and interests;

(c) The matters which the concerned parties agree or cannot agree on with each other.

4. The minutes must be signed or fingerprinted by the persons participating in the meeting, the court
clerk who has recorded the minutes and the judge who presided over the meeting. The persons
participating in the meeting have the right to sight the minutes immediately upon completion of the
meeting and to request amendments or additions to be recorded in the minutes and shall sign or
fingerprint for confirmation.

5. Where the parties reach an agreement on the matters which had to be resolved in the civil case, the
Court shall prepare a record of the settlement which shall be forwarded promptly to the concerned
parties participating in the conciliation.

Article 212 Issuing a decision acknowledging the settlement of the parties

1. Where no concerned party changes its opinion about such agreement within the time-limit of seven
(7) days from the date of preparation of the record of the settlement, the judge presiding over the
conciliation meeting or a judge assigned by the chief justice of the Court must issue a decision
acknowledging the settlement of the concerned parties.

Within the time-limit of five working days from the date of issuance of the decision acknowledging the
settlement of the concerned parties, the Court shall forward such decision to the concerned parties
and to the procuracy of the same jurisdiction.

2. The judge shall only issue a decision acknowledging the settlement of the concerned parties if they
agree with each other on the resolution of the whole of the case.

3. In the case specified in article 210.4 of this Code, where the concerned parties who are present [at
the conciliation] agree with each other and resolve the case, the agreement shall only be valid in
respect of such concerned parties and shall be acknowledged under a decision issued by the judge if
[their agreement] does not affect the rights and obligations of the absent concerned party. Where
their agreement affects the rights and obligations of the absent concerned party, such agreement
shall only be valid and shall be acknowledged under a decision issued by the judge if [ such
agreement] is agreed in writing by the party absent at the conciliation meeting.

Article 213 Legal effect of the decision acknowledging the agreement of the concerned parties

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1. The decision acknowledging the agreement of the concerned parties shall be of legal effect
immediately after it is issued and if it is not appealed or protested against in accordance with the
appeal proceedings.

2. A decision acknowledging the agreement of the concerned parties may only be protested in
accordance with the proceedings for judicial review if there are grounds for believing that such
agreement was made by mistake, deception, threat or force or such agreement breaches the
provisions of the law on prohibitions or is contrary to social morality.

Article 214 Temporary suspension of a civil case

1. The grounds for the Court to issue a decision temporarily suspending a civil case are as follows:

(a) A litigant is a deceased individual, or an agency or organization which is consolidated, merged,

demerged, divided or dissolved but there is no agency, organization or individual to take over
the rights and obligations of such agency, organization or individual in the proceedings;

(b) A litigant is an individual who has lost the capacity for civil acts or a minor but his or her legal
representative is unidentified;

(c) The legal representation for a litigant is terminated without any replacement;

(d) Resolution of the case is pending the outcome of another related court proceeding or matter
which must be resolved first by another agency or organization as stipulated by law;

(dd) Resolution of the case is pending the outcome of judicial authorization or authorization to
collect evidence or pending data and evidence provided by another agency or organization at
the request of the Court;

(e) Resolution is pending the outcome of dealing with a legal instrument which relates to the
resolution of the case and which has a sign of contravention of the Constitution or a law or
resolution of the National Assembly, or an ordinance or resolution of the Standing Committee
of the National Assembly or a legal instrument of a State agency at the higher level for which
the Court has petitioned in writing the competent State agency to consider amendment,
addition or revocation;

(g) As stipulated in article 41 of the Law on Bankruptcy;

(h) Other cases stipulated by law.

2. The Court shall, within three working days from the date of the decision temporarily suspending a
civil case, forward such decision to the concerned parties, the agency, organization or individual
initiating the legal action and the procuracy of the same jurisdiction.

Article 215 Legal effect of the temporary suspension of a civil case

1. The Court shall not remove the name of the civil case which is temporarily suspended from the book
of acceptance [of jurisdiction], but shall make a note of the serial number and date of the decision to
temporarily suspend such civil case in the book of acceptance.

2. The court fee deposit or charge deposit paid by the concerned party shall be deposited with the State
Treasury and shall be dealt with when the Court resumes resolution of the civil case.

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3. In the case of temporary suspension prescribed in article 214.1(e) of this Code, prior to temporary
suspension, the chief justice of the Court currently resolving the case must request in writing that the
Chief Justice of the Supreme People's Court petition the competent State agency to consider
amendment, addition or revocation of the legal instrument which has a sign of contravention of the
Constitution or a law or resolution of the National Assembly, or an ordinance or resolution of the
Standing Committee of the National Assembly or a legal instrument of a State agency at the higher
level in accordance with article 221 of this Code.

The competent agency shall, within a time-limit of one month from the date of receipt of the written
petition of the Court, make its written response. If the competent agency fails to make its written
response within this time-limit, the Court shall continue to resolve the case in accordance with the
general procedures.

4. During the period of temporary suspension of the case, the judge who is assigned to resolve the case
is still responsible for resolving the case.

After the decision to temporarily suspend the case prescribed in article 214.1 of this Code is issued,
the judge who is assigned to resolve the case is responsible for monitoring and encouraging another
agency, organization or individual to remedy as soon as possible the reasons resulting in the fact that
the case is temporarily suspended, in order to promptly resolve the case.

5. The decision to temporarily suspend such civil case may be appealed or protested against in
accordance with the appeal proceedings.

Article 216 Decision on resumption of the resolution of a civil case

The Court shall, within three working days from the date on which the grounds for temporary suspension of
a case prescribed in article 214 of this Code no longer exist, issue a decision resuming resolution of the civil
case and forward such decision to the concerned parties, the agency, organization or individual initiating the
legal action and the procuracy of the same jurisdiction.

The decision to temporarily suspend a civil case shall no longer have effect from the date on which the
decision resuming resolution of such civil case is issued. The Court shall resume resolving the case from
the time of issuance of the decision resuming resolution of the civil case.

Article 217 Suspension of civil cases

1. Upon acceptance of a case which falls under its jurisdiction, the Court shall issue a decision to
suspend the civil case in the following circumstances:

(a) The applicant or the respondent is a deceased individual without a beneficiary to his or her
rights and obligations;

(b) An agency or organization which has been dissolved or declared bankrupt is without an
agency, organization or individual to take over its rights and obligations in the proceedings;

(c) The applicant withdraws all of his or her application for initiation of the legal action or the
plaintiff who has been properly summonsed fails to appear twice, unless he or she requests
[the Court] to conduct the hearing in his or her absence due to an event of force majeure or
objective hindrance;

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 (d) The Court has issued a decision to conduct a hearing for a bankruptcy petition against an
enterprise or co-operative which is party to the case while the resolution of the case is related
to the obligations or property of such enterprise or co-operative;

(dd) The plaintiff fails to pay a deposit for expenses of valuation or other expenses for proceedings
in accordance with this Code.

Where the defendant making a counterclaim or a person with related rights and obligations
making an independent claim fails to pay a deposit for expenses of valuation or other
expenses for proceedings in accordance with this Code, the Court shall suspend resolution of
the counterclaim of the defendant or the independent claim of the person with related rights
and obligations;

(e) A litigant makes a petition for application of the limitation period before the Court of first
instance makes the judgement or decision resolving the case and the limitation period for
initiating a legal action has expired;

(g) The cases prescribed in article 192.1 of this Code which were accepted by the Court;

(h) Other cases stipulated by law.

2. Where the plaintiff withdraws all of his or her application for initiation of a legal action or who has
been properly summonsed but fails to appear twice without any proper reason, and does not request
[the Court] to conduct the hearing in his or her absence and the defendant makes a counterclaim or a
person with related rights and obligations makes an independent claim in such case, the case shall
be resolved as follows:

(a) If the defendant withdraws all of his or her counterclaim or the person with related rights and
obligations withdraws all of his or her independent claim, the Court shall issue a decision
staying resolution of the case;

(b) If the defendant fails to withdraw his or her counterclaim or withdraws only part of his or her
counterclaim, the Court shall issue a decision staying resolution of the application for initiation
of a legal action of the plaintiff; and then the defendant shall become the plaintiff and the
plaintiff shall become the defendant;

(c) If the defendant withdraws all of his or her counterclaim or the person with related rights and
obligations fails to withdraw or withdraws only part of his or her independent claim, the Court
shall issue a decision staying resolution of the application for initiation of a legal action of the
plaintiff or the counterclaim of the defendant; and then the person with related rights and
obligations shall become the plaintiff and the person against whom the legal action is initiated
according to the independent claim shall become the defendant.

3. The Court shall issue a decision staying the civil case, remove the name of such case from the book
of acceptance and return the application for initiation of a legal action and attached data or evidence
to the applicant if [the applicant] so requests; and in this case, the Court shall photocopy same and
archive such photocopies in order to provide the grounds for resolution of a complaint or petition
upon request.

The Court shall, within three working days from the date of the decision staying the civil case, forward
such decision to the concerned parties, the agency, organization or individual initiating the legal
action and the procuracy of the same jurisdiction.

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4. Applicable to cases which are retried at first instance after a judicial review decision or a new trial
decision is made and for which the Court issues a decision staying the case, the Court must
concurrently resolve the consequences of legal enforcement and other relevant issues (if any); where
the plaintiff withdraws his or her application for initiation of the legal action or who has been properly
summonsed but fails to appear twice, stay of the case shall require the consent of the defendant or
persons with related rights and obligations.

Article 218 Legal effect of the suspension of a civil case

1. When a decision to stay a civil case is issued, the applicant is not entitled to initiate a legal action to
petition the Court to reconsider such civil case if the legal proceeding is not different from the prior
legal proceeding in terms of the plaintiff, defendant and the legal relations in dispute, except for the
cases specified in articles 192.3 and 217.1(c) of this Code and other cases stipulated by law.

2. Where the Court issues a decision staying a civil case in accordance with sub-clauses (a) and (b) of
clause 1 of article 192 or for the reason that the plaintiff has been properly summonsed but failed to
appear twice as prescribed in article 217.1(c) of this Code, the court fee deposit paid by the
concerned party shall be appropriated and paid into State funds.

3. Where the Court issues a decision staying a civil case because the applicant withdraws all of his or
her application for initiation of a legal action as prescribed in sub-clause (c) and other cases
prescribed in sub-clauses (d), (dd), (e) and (g) of clause 1 of article 217 of this Code, the court fee
deposit paid by the concerned party shall be returned to such party.

4. The decision staying such civil case may be appealed or protested against in accordance with the
appeal proceedings.

Article 219 Powers to issue decisions to temporarily suspend, resume or suspend civil cases

1. Prior to the commencement of a trial, the judge who is assigned to resolve the civil case has the
power to issue a decision to temporarily suspend, resume or suspend such civil case.

2. During a trial, the Council of Adjudicators has the power to issue a decision temporarily suspending,
resuming or staying the civil case.

Article 220 Decision bringing the case to a hearing

1. A decision bringing the case to a hearing shall contain the following main contents:

(a) The date of the decision;

(b) The name of the Court issuing the decision;

(c) The case to be brought to a hearing;

(d) The names and addresses of the plaintiff, defendant or agency, organization or individual
initiating the legal action prescribed in article 187 of this Code and of persons with related
rights and obligations;

(dd) The full names of the judge, people's jurors, and court clerks and full names of stand-by judge
or stand-by people's jurors, if any;

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 (e) The full name of prosecutor(s) taking part in the hearing; and full name of the stand-by
prosecutor, if any;

(g) The date and location of the hearing;

(h) Whether the hearing is a closed hearing or an open hearing;

(i) The full names of persons who are summoned to take part in the hearing.

2. The decision bringing the case to a hearing shall be forwarded to the concerned parties and
procuracy of the same jurisdiction within three working days from the date its issuance.

Where the procuracy takes part in the hearing in accordance with article 21.2 of this Code, the Court
shall send the case file together with the decision bringing the case to a hearing to the procuracy of
the same jurisdiction; and within fifteen (15) days from the date of receipt of the file, the procuracy
must study and return the file to the Court.

Article 221 Discovery and petition for amendment, addition or revocation of legal instruments

1. During resolution of a civil case, if the Court discovers that a legal instrument relating to the
resolution of the civil case has signs of contravention of the Constitution, a law or resolution of the
National Assembly, or an ordinance or resolution of the Standing Committee of the National
Assembly or a legal instrument of a State agency at the higher level, it shall act as follows:

(a) Where the decision bringing the case to a hearing is not issued, the judge who is assigned to
resolve the case shall report the matter and request the chief justice of the Court which
currently resolves the case to request in writing that the Chief Justice of the Supreme People's
Court petition the competent State agency for its consideration to amend, add to or revoke
such legal instrument;

(b) Where the decision bringing the case to a hearing has been issued or the case is being
considered at a hearing or is being heard in accordance with the procedure for judicial review
or new trial, the Council of Adjudicators shall temporarily cease the hearing in accordance with
article 259.1(e) of this Code and report the matter to the chief justice of the Court which
currently resolves the case to enable him or her to request in writing that the Chief Justice of
the Supreme People's Court petition the competent State agency for its consideration to
amend, add to or revoke such legal instrument.

2. The Supreme People's Court shall, within a time-limit of fifteen (15) days from the date of receipt of
the written request of the chief justice of the Court at the lower level, consider and act as follows:

(a) Where the request is well grounded, make a written petition and forward same to the
competent State agency for amendment, addition or revocation of the legal instrument and
notify the Court which made the request to enable it to issue a decision temporarily staying the
case;

(b) Where the request is groundless, give its written answer to the Court which made the request
to enable it to resume the case in accordance with law.

3. The agency which receives the petition of the Court for amendment, addition or revocation of the
legal instrument is responsible to resolve [such petition] as follows:

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 (a) Applicable to legal instruments providing detailed regulations on the implementation of the
Constitution, or a law or resolution of the National Assembly, or an ordinance or resolution of
the Standing Committee of the National Assembly or a legal instrument of a State agency at
the higher level subject to the petition for consideration, the agency which has issued such
legal instrument shall, within the time-limit of one month from the date of receipt of the petition
of the Chief Justice of the Supreme People's Court, consider and give its written answer to the
Supreme People's Court; and if no such written answer is received within such time-limit, the
Court shall apply the legal instrument of higher legal effect to resolve the case;

(b) In cases of petitions for consideration of amendment, addition or revocation of a legal

instrument being a law or resolution of the National Assembly or an ordinance or resolution of
the Standing Committee of the National Assembly, the Law on Promulgation of Legal
Instruments shall apply.

CHAPTER XIV

Court of First Instance

SECTION 1

General Provisions on Court of First Instance

Article 222 General requirements for first instance hearings

A first instance hearing shall be conducted at the time and location specified in the decision bringing the
case to a hearing or notice of re-opening of the trial in the case of adjournment of the trial.

Article 223 Location of the trial

The trial shall be conducted in or outside the head office of the Court but must ensure the solemnity and
layout of the courtroom prescribed in article 224 of this Code.

Article 224 Layout of courtrooms

1. The national emblem of the Socialist Republic of Vietnam is hung above the middle of the courtroom
and above the seats of the Council of Adjudicators.

2. The courtroom must have areas reserved for the Council of Adjudicators, prosecutors, court clerks,
concerned parties, persons protecting the lawful rights and interests of the concerned parties, other
persons participating in the proceedings and persons participating in the trial.

Article 225 Direct and oral hearing

1. The Court shall directly and fully determine the nature of the matter by way of listening to the
presentations of the plaintiff, defendant, persons with rights and obligations relating to the case or
their legal representatives, persons protecting the lawful rights and interest of the concerned parties,
other persons participating in the proceedings, and agencies and organizations which are invited to
participate in the trial; by way of questioning and listening to the answers; also by way of considering
and examining collected data and evidence; and by running and listening to the argument between
the concerned parties, and listening to the prosecutor who presents the view of the procuracy.

2. The hearing shall be conducted orally in the courtroom.

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Article 226 Replacement of members of the Council of Adjudicators in special cases

1. Where a judge or people's juror is unable to continue to take part in the hearing of the matter and if a
stand-by judge or people's juror is available and present at the trial from the beginning, such stand-by
judge or people's juror shall be allowed to take part in the hearing of the matter.

Where the Council of Adjudicators includes two judges but the presiding judge is unable to continue
to take part in the hearing of the case, the judge as a member of the Council of Adjudicators shall act
as the presiding judge and the stand-by judge shall be included as a member of the Council of
Adjudicators.

2. Where no stand-by judge or people's juror is available for substitution as a member of the Council of
Adjudicators or where the replacement of the presiding judge is required while there is no judge for
substitution in accordance with clause 1 of this article, the case shall be retried from the beginning.

Article 227 Presence of litigants, representatives and persons protecting the lawful rights and interests of
litigants

1. A litigant, his or her representative and a person protecting his or her lawful rights and interests must
be present at the trial upon being properly summonsed by the Court for the first time; if he or she is
absent, the Council of Adjudicators must adjourn the trial unless such person has made an
application to petition the Court to conduct the hearing in his or her absence.

The Court shall notify the litigants, their representatives and persons protecting their lawful rights and
interests of the adjournment of the trial.

2. A litigant, his or her representative and a person protecting his or her lawful rights and interests must
be present at the trial upon being properly summonsed by the Court for the second time, unless he or
she has made an application to petition the Court to conduct the hearing in their absence; if he or she
is absent due to an event of force majeure or objective hindrance, the Court may adjourn the trial or
deal with it as follows if [his or her absence] is not due to an event of force majeure or objective
hindrance:

(a) A plaintiff who is absent [from the trial] without a representative participating in the trial shall be
deemed to have abandoned the legal proceeding and the Court shall issue a decision staying
the case in respect of his or her application for a legal proceeding, unless he or she has made
an application to petition the Court to conduct the hearing in his or her absence . The plaintiff
shall have the right to initiate the legal proceeding again in accordance with law;

(b) If the defendant who does not make a counterclaim or a person with related rights and
obligations who does not make an independent claim is absent [from the trial] without a
representative participating in the trial, the Court shall conduct the hearing in his or her
absence;

(c) A defendant who makes a counterclaim and is absent [from the trial] without a representative
participating in the trial shall be deemed to have abandoned the counterclaim, and the Court
shall issue a decision staying his or her counterclaim, unless such defendant has made an
application to petition the Court to conduct the hearing in his or her absence. The defendant
shall have the right to initiate the legal proceeding again with respect to such counterclaim in
accordance with law;

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 (d) A person with related rights and obligations who makes an independent claim and is absent
[from the trial] without a representative participating in the trial shall be deemed to have
abandoned the independent claim and the Court shall issue a decision staying his or her
independent claim, unless such person has made an application to petition the Court to
conduct the hearing in his or her absence. The person with related rights and obligations who
makes an independent claim shall have the right to initiate the legal proceeding again with
respect to such independent claim in accordance with law.

(dd) If the person protecting the lawful rights and interests of a concerned party is absent [from the
trial], the Court still conducts the trial in his or her absence.

Article 228 Hearing in absence of concerned parties or persons protecting their rights and interests at the
trial

The Court shall still conduct the hearing of the matter in the following circumstances:

1. The plaintiff, defendant or person with related rights and obligations and his or her representative
who is absent from the trial has made an application to petition the Court to conduct the hearing in
his or her absence.

2. The plaintiff, defendant or person with related rights and obligations who is absent from the trial has
his or her representative participating in the trial.

3. The cases specified in sub-clauses (b), (c), (d) and (dd) of clause 2 of article 227 of this Code.

Article 229 Presence of witnesses

1. A witness shall be obliged to participate in the trial upon being summonsed by the Court

2. Where the witness is absent, the Council of Adjudicators shall decide to adjourn the trial or still
process the hearing.

The Council of Adjudicators still processes the hearing in cases where the witness is absent but has
previously given his or her testimony directly to the Court or has sent his or her testimony to the
Court. The presiding judge shall make public such testimony.

The Council of Adjudicators decides to adjourn the trial if absence of the witness will cause difficulty
or affect the objective and comprehensive resolution of the case.

3. Where the witness is absent without any proper reason and his or her absence will obstruct the
hearing, he or she may be escorted to the trial under a decision of the Council of Adjudicators, unless
the witness is a minor.

Article 230 Presence of experts

1. An expert shall be obliged to participate in the trial upon being summonsed by the Court in order to
explain and give answers about issues relating to the examination and results of examination.

2. Where the expert is absent, the Council of Adjudicators shall decide to adjourn the trial or still
process the hearing.

Article 231 Presence of interpreters

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1. An interpreter shall be obliged to participate in the trial upon being summonsed by the Court.

2. Where the interpreter is absent without any replacement, the Council of Adjudicators shall decide to
adjourn the trial.

Article 232 Presence of prosecutors

1. A prosecutor who is assigned by the chief prosecutor of the procuracy of the same jurisdiction shall
have the duty to take part in the trial; and if such prosecutor is absent, the Council of Adjudicators
shall still process the hearing and shall not adjourn the trial.

2. Where the prosecutor is replaced at the trial or is unable to continue to take part in the court hearing
while a stand-by prosecutor is available and present in the trial from the beginning, such stand-by
prosecutor shall be allowed to take part in the hearing of the matter.

Article 233 Period of adjournment of a trial and decisions to adjourn a trial

1. If the Council of Adjudicators decides to adjourn the trial in accordance with articles 56.2, 62.2, 84.2,
227, 229.2, 230.2, 231.2 and 241 of this Code, the period of adjournment shall not exceed one month
or fifteen (15) days applicable to trials of a case in accordance with the summary procedures, from
the date of issuance of the decision to adjourn the trial.

2. A decision adjourning a trial shall contain the following main contents:

(a) The date on which the decision is issued;

(b) The name of the Court and full names of persons conducting the proceedings;

(c) The matter which was brought to hearing;

(d) The reasons for adjournment of the trial;

(dd) The date and location of re-opening of the trial.

3. The decision adjourning the trial must be signed by the presiding judge on behalf of the Council of
Adjudicators and notified publicly at the trial; with respect to absent persons, the Court shall promptly
send such decision to them at the same time as forwarding it to the procuracy of the same
jurisdiction.

4. Where after adjournment of the trial the Court is unable to re-open the trial on the date and in the
location of re-opening of the trial specified in the decision adjourning the trial, the Court shall promptly
notify the procuracy of the same jurisdiction and persons participating in proceedings of the date and
location of the re-opening of the trial.

Article 234 Internal rules of a trial

1. Upon entering the courtroom, all persons must abide by a security check conducted by the forces
responsible for protecting the trial.

2. Weapons, dangerous tools, explosives, inflammables, poisons, radioactive substances, objects the
distribution of which is prohibited, pamphlets, slogans and other data or objects which may affect the
solemnity of the trial are strictly prohibited from being brought into the courtroom, except for physical

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 evidence of the case for the purpose of hearing or weapons and support tools brought by the
authorized persons in order to perform the tasks of protecting the trial.

3. Persons participating in the trial at the request of the Court must present the summons, invitation or
other relevant documents to the court clerk at his or her desk at least 15 minutes before the time of
opening of the trial and sit at the proper location in the courtroom as guided by the court clerk; or
produce the summons, invitation or other relevant documents to the court clerk by the forces
performing the task of protection of the trial if such persons come late.

4. Journalists who participate in the trial in order to report on the events occurring in the trial must abide
by control of the presiding judge about the area reserved for their operation. Any journalist who
carries out audio-recording or video-recording of the Council of Adjudicators must obtain the consent
of the presiding judge. The audio-recording or video-recording of the concerned parties or other
persons participating in proceedings shall require their consent.

5. All individuals participating in the trial must have formal dress; and an attitude of respect for the
Council of Adjudicators, and they must keep the court rules and comply with control of the presiding
judge.

6. [All individuals] are not permitted to wear a hat or sunglasses in the courtroom, unless they have a
proper reason and obtain the consent of the presiding judge; and are not permitted to use mobile
phones, smoke, eat or drink in the courtroom or conduct other acts which affect the solemnity of the
trial.

7. Persons participating in the trial at the request of the Court must be present at the trial during the
hearing of the case, unless the presiding judge permits them to leave the courtroom for a proper
reason .

Any individual under sixteen (16) years of age is not allowed to enter the courtroom, unless
summonsed by the Court to take part in the trial.

8. All individuals in the courtroom must stand up when the Council of Adjudicators enters the courtroom
or pronounces a judgement, except for special cases after obtaining the consent of the presiding
judge.

9. Individuals are only allowed to raise a question, give an answer or present their view when the
Council of Adjudicators so consents. Any person raising a question, giving an answer or presenting
their view must stand up, unless for health reasons the presiding judge agrees for them to sit upon
raising a question, giving an answer or presenting their view.

Article 235 Procedures for rendering judgements and decisions of the Court in a trial

1. A judgement shall be discussed and passed by the Council of Adjudicators in the jury-room.

2. Decisions on replacement of a person conducting proceedings, expert or interpreter or on transfer of

the case, on temporary suspension or stay of the case, on adjournment of the trial, on acknowledging
the settlement of parties or temporarily ceasing the trial must be discussed and passed by the
Council of Adjudicators in the jury-room and made in writing.

3. Decisions on other issues shall be discussed and passed by the Council of Adjudicators in the
courtroom and are not required to be made in writing, but must be stated in the trial transcript.

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Article 236 Trial transcript

1. The following contents must be fully stated in the trial transcript:

(a) The main contents of the decision bringing the case to a hearing stipulated in article 220.1 of
this Code;

(b) All events that occurred at the trial from the beginning to the end of the trial;

(c) Questions raised, answers given and views expressed at the trial.

2. Apart from recording the trial transcript, the Council of Adjudicators may carry out any audio-
recording or video-recording of the events occurring at the trial.

3. Upon the completion of the trial, the presiding judge shall check the trial transcript and, together with
the court clerk of the trial, sign the transcript.

4. The prosecutor and persons participating in proceedings are entitled to sight the trial transcript
immediately upon the completion of the trial and request amendments or additions to be included in it
which they shall sign for confirmation.

Article 237 Preparation for opening of a trial

Before opening a trial, the court clerk of the trial shall carry out the following works:

1. Disseminating the court rules;

2. Inspecting and identifying the presence or absence of persons participating in the trial on the basis of
their summons or notices issued by the Court; with respect to absent persons, identifying reasons
therefor;

3. Keeping order in the courtroom;

4. Requesting all individuals in the courtroom to stand up when the Council of Adjudicators enters the
courtroom.

Article 238 Procedures for hearing in the absence of all persons participating in the proceedings

1. The Court shall, on the basis of the data and evidence in the file, conduct the trial in the absence of
the concerned parties and other persons participating in the proceedings in accordance with law
when all of the following conditions are satisfied:

(a) The plaintiff or his or her legal presentative makes an application to petition [the Council of
Adjudicators] to conduct the hearing in his or her absence;

(b) The defendant and the persons with related rights and obligations or the legal representative of
such defendant or of such persons make an application to petition [the Council of Adjudicators]
to conduct the hearing in their absence or have been properly summonsed by the court and
failed to appear twice;

(c) The persons protecting the lawful rights and interests of the plaintiff, the defendant or the
persons with related rights and obligations make an application to petition [the Council of

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 Adjudicators] to conduct the hearing in their absence or have been properly summonsed by
the court and failed to appear twice.

2. The presiding judge shall make public the reason for absence of the concerned party or the
application of the concerned parties to petition the Council of Adjudicators to conduct the hearing in
their absence.

3. The presiding judge shall make public the summary of the contents of the case and the data and
evidence in the case file. The Council of Adjudicators shall discuss matters which need to be
resolved in the case.

4. The prosecutor shall present the view of the procuracy.

5. The Council of Adjudicators shall deliberate a judgment and announce same in accordance with this
Code.

SECTION 2

Proceedings for Commencement of a Trial

Article 239 Opening of a trial

1. The presiding judge shall open the trial and read out the decision bringing the case to a hearing.

2. The court clerk of the trial shall report the presence and absence of the persons participating in the
proceedings on the basis of summonses and notices of the Court and reasons for absence to the
Council of Adjudicators.

3. The presiding judge shall inspect the presence of the persons participating in the proceedings on the
basis of summonses and notices of the Court and identity cards of litigants and other persons
participating in the proceedings.

4. The presiding judge shall explain to the litigants and other persons participating in the proceedings
their rights and obligations.

5. The presiding judge shall introduce the full names of persons conducting the proceedings, of experts
and interpreters.

6. The presiding judge shall ask the persons who have the right to request the replacement of a person
conducting the proceedings, or of an expert or interpreter whether or not they want to request any
replacement.

7. [The presiding judge] shall require that any witness pledge to give his truthful testimony and if giving
untruthful testimony shall be responsible before the law, unless the witness is a minor.

8. [The presiding judge] shall request that any expert or interpreter pledge to provide the correct results
of examination or to interpret correctly the contents which need to be interpreted.

Article 240 Resolution of requests to replace persons conducting the proceedings, experts or interpreters

Where there is a request for replacement of a person conducting the proceedings, an expert or interpreter,
the Council of Adjudicators shall consider and make a decision in accordance with the procedures

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stipulated by this Code and may accept or not accept same; if [the request] is not accepted, the reasons
therefor shall be specified.

Article 241 Consideration and decision adjourning a trial upon absence of persons

When any person participating in proceedings is absent from the trial and his or her absence does not fall
under the circumstances in which the Court must adjourn the trial, the presiding judge shall ask if there is
any one requesting the adjournment of the trial; if a person so requests, the Council of Adjudicators shall
consider and issue a decision in accordance with the procedures stipulated by this Code and may accept or
may not accept [such request]; where [the request] is not accepted, the reasons therefor shall be specified.

Article 242 Guarantee of the objectiveness of witnesses

1. Before questioning a witness about details of which he or she has knowledge in the case, the
presiding judge may decide to take necessary measures so that a witness cannot hear the testimony
of another witness nor contact related persons.

2. Where it can be shown that the testimony of a concerned party could be influenced by the testimony
of a witness, the presiding judge shall decide to distance the concerned party from the witness before
the witness is questioned.

Article 243 Questioning concerned parties about change, supplement or withdrawal of claims

The presiding judge shall commence the procedures for questioning the concerned parties about change,
supplement or withdrawal of their claims by asking the concerned parties about the following issues:

1. Asking the plaintiff whether or not he or she requests any change in, supplement to or withdrawal of
the whole or part of his or her application for initiation of a legal action;

2. Asking the defendant whether or not he or she requests any change in, supplement to or withdrawal
of the whole or part of his or her counterclaim;

3. Asking a person with related rights and obligations making an independent claim whether or not he or
she requests any change in, supplement to or withdrawal of the whole or part of the independent
claim.

Article 244 Consideration of change, supplement and withdrawal of claims

1. The Council of Adjudicators shall accept any change in or supplement to claims of a concerned party
if the change in or supplement to his or her claim falls within the scope of the application for initiation
of a legal action or counterclaim or the initial independent claim.

2. Where a concerned party withdraws the whole or part of his or her claim and the withdrawal of his or
her claim is voluntary, the Council of Adjudicators shall accept and stay the hearing of the whole or
part of the claim withdrawn by the concerned party.

Article 245 Change in litigation status

1. Where the plaintiff withdraws the whole of his or her application for initiation of a legal action but the
defendant still keeps his or her counterclaim, the defendant shall become the plaintiff and the plaintiff
shall become the defendant.

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2. Where the plaintiff withdraws the whole of his or her application for initiation of a legal action and the
defendant withdraws the whole of his or her counterclaim but a person with related rights and
obligations still keeps his or her independent claim, the person with related rights and obligations
shall become the plaintiff and the person against whom the legal action was initiated under the
independent claim shall become the defendant.

Article 246 Acknowledging the agreement of concerned parties

1. The presiding judge shall ask whether or not the concerned parties agree with each other on
resolution of the matter. If the concerned parties reach an agreement resolving the matter and their
agreement is voluntary, does not breach any provisions of the law on prohibitions and is not contrary
to social morality, then the Council of Adjudicators shall issue a decision acknowledging their
agreement resolving the matter.

2. The decision acknowledging the agreement of the concerned parties on the settlement of the matter
shall be legally enforceable in accordance with article 213 of this Code.

SECTION 3

Argument at a Trial

Article 247 Content and method of argument at a trial

1. Argument at a trial shall comprise the presentation of evidence, questioning, responses, answers and
presentation of views or arguments on evaluation of evidence or the nature of the matter of the civil
case, the legal relations in dispute and applicable law for resolution of the claims of the concerned
parties in the case.

2. Argument at the trial shall be conducted under the control of the presiding judge.

3. The presiding judge shall not be allowed to limit the time of argument and must facilitate the persons
participating in the argument to present fully their views, but shall have the right to request that they
stop presenting any view which is irrelevant to the civil case.

Article 248 Presentation of concerned parties and persons protecting the lawful rights and interests of the
concerned parties

1. If the concerned parties still maintain their claim and fail to reach an agreement resolving the matter,
they shall make their presentations in the following order:

(a) The person protecting the lawful rights and interests of the plaintiff shall present the claims [of
the plaintiff] and evidence to substantiate that such claims are well grounded and lawful. The
plaintiff shall have the right to present an additional view.

Where an agency or organization initiates a legal proceeding, the representative of the agency
or organization shall present its application [for a legal action] and evidence to substantiate
that such application is well grounded and lawful;

(b) The person protecting the lawful rights and interests of the defendant shall present the view of
the defendant against the claims of the plaintiff; and the counterclaim and submission of the
defendant and evidence to substantiate that such counterclaim or submission is well grounded
and lawful. The defendant shall have the right to present an additional view;

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 (c) The person protecting the lawful rights and interests of the person with related rights and
obligations shall present the view of the person with related rights and obligations against the
claims and submission of the plaintiff or the defendant; and the independent claim or
submission of the person with related rights and obligations and evidence to substantiate that
such claim or submission is well grounded and lawful. The person with related rights and
obligations shall have the right to present an additional view.

2. Where the plaintiff, defendant or person with related rights and obligations does not have any person
to protect his or her lawful rights and interests, he or she shall himself or herself present his or her
claims or submission and evidence to substantiate that such claims or submission are well grounded
and lawful.

3. In the trial, the concerned parties and the persons protecting their lawful rights and interests have the
right to present additional evidence in accordance with article 96.4 of this Code to substantiate their
claims or submission.

Article 249 Order for and principles on questioning at the trial

1. Upon listening to the presentation of the concerned parties and the persons protecting the lawful
rights and interests of the concerned parties in accordance with article 248 of this Code under the
control of the presiding judge, the questioning of each person shall be carried out in the following
order:

(a) The plaintiff or the person protecting the lawful rights and interests of the plaintiff shall have the
first priority, followed by the defendant or the person protecting the lawful rights and interests of
the defendant, and after that the person with related rights and obligations or the person
protecting the lawful rights and interests of the person with related rights and obligations;

(b) Other persons participating in the proceedings;

(c) The presiding judge and people's juror;

(d) Prosecutor taking part in the trial.

2. Upon raising questions, such questions must be clear, serious and are duplicated. [The persons] are
not permitted to take advance of the question and answer session to infringe the honour and dignity
of the persons participating in the proceedings.

Article 250 Questioning plaintiffs

1. Where there are several plaintiffs, each plaintiff shall be questioned separately.

2. The plaintiff shall be questioned only about matters which the person protecting the lawful rights and
obligations or the plaintiff has presented unclearly, or which are contrary to each other or to their prior
testimony or to the presentation of the defendant or of the person with related rights and obligations
or of the persons protecting the lawful rights and obligations of such persons.

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

Article 251 Questioning defendants

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1. Where there are several defendants, each defendant shall be questioned separately.

2. The defendant shall be questioned only about matters which the person protecting the lawful rights
and obligations of the defendant or the defendant has presented unclearly, or which are contrary to
each other or to their prior testimony or to the claims and presentation of the plaintiff or of the person
with related rights and obligations or of the persons protecting the lawful rights and obligations of
such persons.

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

Article 252 Questioning persons with related rights and obligations

1. Where there are several persons with related rights and obligations, each person shall be questioned
separately.

2. The person with related rights and obligations shall be questioned only about matters which he or
she or the person protecting his or her lawful rights and obligations has presented unclearly, or which
are contrary to each other or to their prior testimony or to the claims, submission or presentation of
the plaintiff or of the defendant and of the persons protecting the lawful rights and obligations of such
persons.

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

Article 253 Questioning witnesses

1. Before questioning a witness, the presiding judge must ask clearly about the relationship between the
witness and the concerned parties; if the witness is a minor then the presiding judge may request his
or her parents, guardian or teacher to assist the questioning. Where there are several witnesses,
each witness shall be questioned separately.

2. The presiding judge shall request the witness to present clearly details of the matter about which he
or she knows; and after the witness completes his or her presentation, he or she shall be questioned
only about matters which he or she has presented unclearly or insufficiently, or which are contrary to
each other or to his or her prior testimony or to the presentation of the concerned parties or of the
persons protecting the lawful rights and obligations of such persons.

3. After completing his or her presentation, the witness shall stay in the courtroom for further
questioning.

4. Where it is necessary to secure the safety of a witness and his or her relatives, the Council of
Adjudicators shall decide not to disclose information on their personal identities and keep them from
being seen by attendants at the trial.

5. The concerned parties and persons protecting the lawful rights and interests of the concerned parties
may question the witness after obtaining the consent of the presiding judge.

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Article 254 Disclosing data and evidence of a case

1. The Council of Adjudicators shall make public data and evidence of a case in the following
circumstances:

(a) A person participating in the proceedings is absent from the trial but he or she has given
testimony during the period of preparation for the trial;

(b) The testimony of a person participating in proceedings in the trial is contrary to his or her prior
testimony;

(c) In other cases where the Council of Adjudicators considers it necessary or is requested by the
prosecutor, a concerned party, person protecting the lawful rights and interests of a concerned
party or other person participating in proceedings.

2. In special cases where it is necessary to protect State secrets, to maintain national fine customs,
protect occupational secrets, trade secrets and secrets of individuals or family or to protect a minor
upon the request of a concerned party, the Council of Adjudicators shall not disclose data and
evidence in the case file.

Article 255 Hearing audio-tapes and discs and watching video tapes and discs and other equipment
containing sound or photographs

At the request of a concerned party, person protecting the lawful rights and interests of a concerned party or
other persons participating in proceedings or the prosecutor or where [the Council of Adjudicators]
considers it necessary, the Council of Adjudicators shall arrange for the listening of audio-tapes and discs
and screening of video tapes and discs or other equipment containing sound or photographs at the trial,
except for the case stipulated in article 254.2 of this Code.

Article 256 Examination of physical evidence

Physical evidence, photographs and records of confirmation of physical evidence shall be produced for
examination in the trial.

Where necessary, the Council of Adjudicators may examine together with the concerned parties physical
evidence at the site which is impossible to be brought to the trial.

Article 257 Questioning experts

1. The presiding judge shall request an expert to present its conclusion on the matter which has been
required to be examined. Upon presentation, the expert shall have the right to explain his or her
conclusion and grounds for producing the result of examination.

2. The prosecutor, concerned parties, persons protecting the lawful rights and interests of concerned
parties and other persons participating in the proceedings who are present at the trial have the right
to make recommendations on the results of examination and to question about issues which are
unclear or contrary to each other in the result of examination or are contrary to other details of the
case, after obtaining the consent of the presiding judge.

3. Where an expert is absent from the trial, the presiding judge shall make public the result of
examination.

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4. Where a concerned party or person protecting the lawful rights and interests of a concerned party
disagrees with the result of examination published at the trial and requests additional examination or
re-examination, or where [the Council of Adjudicators] considers that the additional examination or re-
examination is necessary for the resolution of the matter, such Council shall decide to carry out the
additional examination or re-examination; and in such case, the Council of Adjudicators shall decide
to temporarily cease the trial in accordance with article 259.1(d) of this Code.

Article 258 Completion of the questioning session at the trial

Upon considering that the details of the case have been considered fully, the presiding judge shall ask the
prosecutor, concerned parties, persons protecting the lawful rights and interests of concerned parties and
other persons participating in proceedings whether they request to raise any question; if any person so
requests and such request is considered well grounded, the presiding judge shall decide to continue the
questioning.

Article 259 Temporary cessation of a trial

1. During a trial, the Council of Adjudicators has the right to make a decision temporarily ceasing the
trial on one of the following grounds:

(a) A person conducting the proceedings is unable to conduct the trial due to his or her health
condition or an event of force majeure or objective hindrance, unless such person conducting
the proceedings may be replaced [by another person];

(b) A person participating in the proceedings is unable to participate in the trial due to his or her
health condition or an event of force majeure or objective hindrance, unless such person
participating in the proceedings makes an application petitioning [the Court] to conduct the
hearing in his or her absence;

(c) It is necessary to verify or collect additional data or evidence otherwise it would be unable to
resolve the case and it is unable to conduct [such verification or collection] at the trial itself;

(d) [Resolution] pends the result of the additional examination or re-examination;

(dd) The concerned parties unanimously agree to request the Court to temporarily cease the trial
for them to carry out a conciliation amongst themselves;

(e) It is necessary to report to the chief justice of the Court for the latter to make a request for
addition, supplement or revocation of a legal instrument in accordance with article 221 of this
Code.

2. The temporary cessation of the trial must be recorded in the trial transcript. The period of temporary
cessation of the trial shall not exceed one month from the date on which the Council of Adjudicators
makes the decision temporarily ceasing the trial. Upon expiry of such period, if the ground for
ceasing the trial no longer exists, the Council of Adjudicators shall resume the trial; and if the ground
for ceasing the trial has not been remedied, the Council of Adjudicators shall make a decision
temporarily suspending the civil case. The Council of Adjudicators shall notify in writing the persons
participating in the proceedings and the procuracy of the same jurisdiction of the date of resumption
of the trial.

Article 260 Order for presenting views upon argument

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1. Upon completion of the questioning session, the Council of Adjudicators shall commence the
argument in the trial. The argument shall be carried out in the following order:

(a) The person protecting the lawful rights and interests of the plaintiff shall present his or her
view. The plaintiff shall have the right to present his or her additional view. Where an agency
or organization initiates a legal action, the representative of the agency or organization shall
present its view. The person with protected lawful rights and interests shall have the right to
present an additional view;

(b) The person protecting the lawful rights and interests of the defendant shall carry out argument
and present his or her view. The defendant shall have the right to present an additional view;

(c) The person protecting the lawful rights and interests of a person with related rights and
obligations shall present his or her view. The person with related rights and obligations shall
have the right to present an additional view;

(d) The concerned parties shall make their response under the control of the presiding judge;

(dd) Where necessary, the Council of Adjudicators may request the concerned parties to carry out
an additional argument on specific issues to provide a ground for resolution of the case.

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

3. Where one of the concerned parties and other persons participating in the proceedings is absent, the
presiding judge shall make public the testimony of such absentees as a ground for the concerned
parties who are present at the trial to carry out argument and make their response.

Article 261 Presenting views upon argument and responses

Upon presenting their view on evaluation of evidence or making their position on how the matter could be
resolved, the persons participating in the argument must use the data and evidence collected and
considered or examined at the trial as well as the result of questioning at the trial as their basis. A person
participating in the argument has the right to respond to the view of another person.

Article 262 Presenting views of prosecutors

After the persons participating in proceedings have presented their views and made their responses, the
prosecutor shall present the view on compliance with the law on civil proceedings by the judge, the Council
of Adjudicators, the court clerk and the persons participating in the proceedings during resolution of the
case from the time of acceptance to the time before the point of time when the Council of Adjudicators
deliberates judgement, and shall also present a view on how the matter could be resolved.

Upon completion of the trial, the prosecutor shall forward his or her written view to the Court for archiving in
the case file.

Article 263 Resuming the questioning and argument

If during argument the Council of Adjudicators considers that any detail of the case has not yet been
considered or the consideration is inadequate or further consideration of evidence is required, it shall
decide to resume questioning and argument.

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 SECTION 4

Deliberation and Pronouncement of Judgement

Article 264 Deliberation

1. Upon completion of the argument session, the Council of Adjudicators shall retire to the jury-room to
deliberate a judgment.

2. Only members of the Council of Adjudicators shall have the right to deliberate a judgement. Upon
deliberation on a judgement, the members of the Council of Adjudicators must use the data and
evidence which have been considered in the trial, the result of argument in the trial and if the case
falls within the cases prescribed in article 4.2 of this Code, also the customs, legal analogy, basic
principles of the civil law, case precedents or equity as the grounds for resolving all matters of the
case by a majority of votes [of the members] on a matter-by-matter basis. The people's jurors shall
vote first and the presiding judge shall vote last. Any person who has a minority opinion shall have
the right to present his or her view in writing which shall be included in the case file.

3. A record of the deliberation on a judgement must be prepared in order to record all the issues
discussed and decisions made by the Council of Adjudicators. The record of the deliberation on an
judgement shall be signed by the members of the Council of Adjudicators in the jury-room before
pronouncing the judgement.

4. In the case of a matter with complex details when the deliberation on a judgement requires a longer
period, a period for deliberation on a judgement may be determined by the Council of Adjudicators
but shall not exceed five working days from the date of completion of the argument session in the
trial.

The Council of Adjudicators must notify the persons who are present in the trial and persons
participating in proceedings who are absent from the trial of the time and place of pronouncement of
the judgement. Where the Council of Adjudicators has given notification but a person participating in
proceedings still is absent from the trial at the time and in the place of pronouncement of the
judgement, it still pronounces the judgement in accordance with article 267 of this Code.

Article 265 Resuming the questioning and argument

Through the deliberation on a judgement, if the Council of Adjudicators considers that any detail of the case
has not yet been considered or the consideration is inadequate or further consideration of evidence is
required, it shall decide to resume the questioning and argument.

Article 266 First instance judgements

1. The Court shall make a judgement on behalf of the Socialist Republic of Vietnam.

2. A judgement shall consist of the preamble, the contents of the case and the remarks of the Court and
its decisions, specifically as follows:

(a) The preamble shall specify the name of the Court of first instance; serial number and date of
acceptance of jurisdiction; the serial number of the judgement and date of pronouncement of
the judgement; the full names of members of the Council of Adjudicators, the court clerk of the
trial, the prosecutor, the expert and interpreter; the names and addresses of the plaintiff, the
defendant, persons with related rights and obligations and the agency, organization or
individual initiating a legal proceeding; the legal representatives and the persons protecting the

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 lawful rights and interests of the concerned parties; the subject in dispute; the serial number
and date of the decision bringing the case to a hearing; open or closed hearing; and time and
place of hearing;

(b) The application for initiation of a legal action of the plaintiff or application for initiation of a legal
action of an agency, organization or individual; the submission or counterclaim of the
defendant; and the independent claim or claim of the persons with related rights and
obligations shall be specified in the contents of the case and remarks of the Court.

The Court must analyse, evaluate and remark fully and objectively on the details of the case
on the basis of the data and evidence considered at the trial, the result of argument at the trial
and the principles of law, and if the case falls within the cases prescribed in article 4.2 of this
Code, also the customs, legal analogy, basic principles of the civil law, case precedents or
equity for acceptance or refusal of the claim or submission of a concerned party or of the
person protecting the lawful rights and interest of such concerned party and for resolution of
other relevant issues;

(c) Principles of law, the decisions of the Council of Adjudicators on each matter which require to
be resolved in the case, application of preliminary injunctive relief, court fees, expenses for
proceedings and right to appeal against the judgement shall be specified in the section on
decisions; and if a decision must be immediately enforced, such decision must be specified.

3. Upon rehearing of a case for which all or part of the judgement or decision has been set aside under
the decision on the basis of a judicial review or new trial, the Court shall resolve issues in relation to
property or obligations (if any) which has been already enforced pursuant to the legally enforceable
judgement or decision which is set aside, and shall specify [its decisions] in the judgement.

Article 267 Pronouncement of judgement

The Council of Adjudicators shall announce a judgement in the presence of the concerned parties and the
representative of the agency, organization or individual initiating a legal action. Where a concerned party
was present at the trial but is absent upon pronouncement of a judgement or absent in the case prescribed
in article 267.4 of this Code, the Council of Adjudicators still pronounces the judgement.

Upon pronouncing a judgement, all people in the court room must stand up, except for special cases
consented to by the presiding judge. The presiding judge or another member of the Council of Adjudicators
shall read out the judgement and may further explain enforcement of the judgement and the right to appeal.

Where the Court carries out a closed hearing in accordance with article 15.2 of this Code, the Council of
Adjudicators shall pronounce only the preamble and decisions of the judgement.

Where a concerned party needs an interpreter, the interpreter shall interpret the whole of the judgement or
the preamble and decisions of the judgement which are pronounced publicly.

Article 268 Amendments of and additions to a judgment

1. After pronouncement of a judgement, any amendment of or addition to the judgement shall not be
allowed except in cases where a manifest spelling error or error in data caused by mistake or wrong
calculation is discovered.

2. Where it is necessary to make any amendment of or addition to a judgement stipulated in clause 1 of

this article, the judge shall co-ordinate with the people's juror being a member of the Council of
Adjudicators which has pronounced such judgement to issue a decision on amendment of or addition

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 to the judgement and forward promptly same to the concerned parties, the agency, organization or
individual initiating a legal action, the procuracy of the same jurisdiction and the agency for civil
judgement enforcement.

Where such judge who has heard such case no longer holds the position of judge in the Court which
has made such judgement, the chief justice of the Court shall make such amendment or addition to
the judgement.

Article 269 Provision of excerpts of judgements and judgements; delivering and forwarding judgements

1. Within a time-limit of three working days from the date of completion of the trial, the Court shall
provide excerpts of the judgement to the concerned parties and agency, organization or individual
initiating a legal action.

2. Within a time-limit of ten (10) days from the date of pronouncement of the judgement, the Court shall
deliver or forward the judgement to the concerned parties, the agency, organization or individual
initiating a legal action and the procuracy of the same jurisdiction.

3. The legally enforceable first instance judgement of the Court which resolves a civil case for protection
of the interests of consumers for which a social organization participating in protection of the interests
of consumers initiated a legal action shall be displayed publicly at the head office of the Court and
made public on one of the central or local daily newspapers in three consecutive issues.

The legally enforceable first instance judgement of the Court relating to the State responsibility for
compensation must be forwarded by the Court of first instance to the competent State administrative
agency for State compensation.

The Court of first instance shall notify in writing the legally enforceable first instance judgement of the
Court relating to the change in the registration of civil status accompanied by an excerpt of the
judgement to the people's committee which has registered the legal status of such individual in
accordance with the Law on Registration of Civil Status.

The time-limit for displaying publicly, making public, forwarding a judgement or notice prescribed in
this clause is five working days from the date on which the judgement is legally enforceable.

4. Legally enforceable first instance judgements of the Court shall be made public on the portal (if any)
of the Court, except for the judgements and decisions of the Court containing information prescribed
in article 109.2 of this Code.

PART III

Resolution Procedures for Cases at the Appellate Court

CHAPTER XV

Nature of Appeal Hearings and Appeals and Protests Against Judgements or

Decisions of the Court of First Instance

Article 270 Nature of appeal hearing

Appeal hearing means that the appellate Court directly rehears a case in which the judgement or decision
of the Court of first instance is not yet legally enforceable and is being appealed or protested against.

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Article 271 Persons having the right to appeal

Concerned parties or their legal representatives and the agency, organization or individual initiating a legal
action have the right to make an appeal against a first instance judgment or a decision temporarily
suspending a civil case or a decision suspending a civil case made by the Court of first instance, in order to
petition the appellate Court to resolve the matter in accordance with the appellate proceedings.

Article 272 Applications for appeal

1. Upon exercising the right to lodge an appeal, the appellant shall make an appeal application.

An appeal application shall include the following main contents:

(a) The date of the appeal application;

(b) The name, address, telephone number, facsimile and email address (if any) of the appellant;

(c) All or part of the judgment or decision of the Court of first instance which is not yet legally
enforceable and which is being appealed against;

(d) The grounds for the appeal and the claims of the appellant;

(dd) The signature [or] finger-print of the appellant.

2. The appellant being an individual with full capacity for acts in civil proceedings may make himself or
herself an appeal application. The full name, address, telephone number, facsimile and email
address (if any) of the appellant shall be stated in the section for the name and address of the
appellant in the application. The appellant shall sign or make his or her fingerprint at the end of the
appeal application.

3. An appellant prescribed in clause 2 above who is unable to make himself or herself an appeal may
authorize another person to act as his or her representative in order to lodge an appeal. The full
names and addresses of the authorized representative of the appellant and of the appellant being the
principal; the telephone number, facsimile and email address (if any) of the appellant being the
principal and the power of attorney shall be stated in the section for the name and address of the
appellant in the application. The authorized representative shall sign or make his or her fingerprint at
the end of the appeal application.

4. The legal representative of a concerned party being an agency or organization may make himself or
herself an appeal application. The name, address, telephone number, facsimile and email address (if
any) of the concerned party being an agency or organization and the full name and position of the
legal representative of such agency or organization shall be stated in the section for the name and
address of the appellant in the application. The legal representative must sign and affix the seal of
such agency or organization at the end of the appeal application. If an enterprise lodges an appeal,
the use of its seal shall be subject to the Law on Enterprises.

Where the legal representative of an agency or organization authorizes another person to lodge an
appeal, the full name and address of the authorized representative of the concerned party being the
agency or organization as the principal; the telephone number, facsimile and email address (if any) of
the concerned party being the agency or organization as the principal and the full name and position
of the legal representative of the concerned party being such agency or organization and the power
of attorney shall be stated in the section for the name and address of the appellant in the application.

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 The authorized representative must sign and make his or her fingerprint at the end of the appeal
application.

5. The legal representative of a concerned party being a minor or person who has lost capacity for civil
acts may make himself or herself an appeal application. The full name and address of the legal
representative; and the full name and address of the concerned party being a minor or person
without capacity for civil acts shall be stated in the section for the name and address of the appellate
in the application. The legal representative must sign or make his or her fingerprint at the end of the
appeal application.

Where the legal representative of a concerned party authorizes another person to lodge an appeal
for him or her, the full name and address of the authorized representative and the power of attorney;
the full name and address of the legal representative of the concerned party as the principal; and the
full name and address of the concerned party being a minor or the person who has lost capacity for
civil acts shall be stated in the section for the name and address of the appellant in the application.
The authorized representative must sign or make his or her fingerprint at the end of the appeal
application.

6. The authorization prescribed in clauses 3, 4 and 5 above shall be made in writing and lawfully
notarized or authenticated, unless such written authorization is made at the Court in the presence of
the judge or person assigned by the chief justice of the Court. The written authorization must contain
a statement that the concerned party authorizes its authorized representative to lodge an appeal
against the judgement or decision temporarily suspending or suspending a case made by the Court
of first instance.

7. The appeal application shall be submitted to the Court of first instance which made the judgement or
decision which is being appealed against. Where the appeal application is submitted to the appellate
Court, such Court shall forward it to the Court of first instance to enable it to carry out necessary
procedures in accordance with this Code.

8. The appellant shall send the appeal application accompanied by additional data and evidence (if any)
in order to substantiate that his or her appeal is well grounded and lawful.

Article 273 Time-limit for lodging an appeal

1. The time-limit for lodging an appeal against a judgement of the Court of first instance is fifteen (15)
days as from the date of pronouncement of the judgment; with respect to concerned parties, and
applicable to the representative of the agency, organization or individual initiating a legal action which
was absent from the trial or upon pronouncement of the judgement for a proper reason, this period
shall be calculated from the date a copy of the judgment is received by them or from the date the
judgment is displayed.

Where a concerned party or representative of the agency, organization or individual initiating a legal
action participated at the trial but was absent upon pronouncement of judgement without any proper
reason, the time-limit for lodging an appeal shall be calculated from the date of pronouncement of the
judgement.

2. The time-limit for lodging an appeal against a decision of temporary suspension or suspension of a
proceeding made by the Court of first instance is seven (7) days from the date on which the
concerned party or representative of the agency, organization or individual initiating a legal action
receives the decision or from the date on which the decision is displayed in accordance with this
Code.

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3. Where the appeal application is sent by postal services, the date of appeal shall be determined on
the basis of the date indicated in the date stamp postmark on the envelope affixed by the postal
service provider. Where the appellant is being temporarily detained [in jail], the date of the appeal
shall be the date on which the appeal application is certified by the jailer.

Article 274 Verification of appeal applications

1. Upon receipt of an appeal application, the Court of first instance shall verify the validity of the appeal
application in accordance with article 272 of this Code.

2. Where an appeal application is lodged after the time-limit, the Court of first instance shall request the
appellant to present the reasons therefor and produce data and evidence (if any) to substantiate that
the reasons for lodging the appeal application after the time-limit are legitimate.

3. Where an appeal application does not comply with article 272 of this Code, the Court of first instance
shall request the appellant to make the appeal application again or to make amendments or additions
to the appeal application.

4. The Court shall return an appeal application in the following circumstances:

(a) The appellant does not have the right to lodge an appeal;

(b) The appellant fails to make the appeal application again or to make amendments or additions
to the appeal application at the request of the Court as prescribed in clause 3 above;

(c) The cases prescribed in article 276.2 of this Code.

Article 275 Out-of-time appeals and consideration of out-of-time appeals

1. Any appeal [application] which is lodged after the time-limit stipulated in article 273 of this Code is
deemed to be an out-of-time appeal. Upon receipt of an out-of-time appeal application, the Court of
first instance shall forward the appeal application and the explanatory statement of the appellant on
reasons for lodging the appeal application after the time-limit and data and evidence (if any) to the
appellate Court.

2. Within a time-limit of ten (10) days from the date of receipt of the out-of-time appeal application and
the attached data or evidence, the appellate Court shall establish a council consisting of three judges
to consider the out-of-time appeal. The representative of the procuracy of the same jurisdiction and
the appellant shall participate in the meeting for considering such appeal. If the appellant or the
procurator is absent from the meeting, the Court still holds the meeting.

3. Based on the data and evidence relating to the out-of-time appeal and the opinion of the appellant
and of the representative of the procuracy at the meeting, the council for consideration of the out-of-
time appeal shall make a decision to accept or refuse the appeal on a majority basis and specify the
reason for its acceptance or refusal in the decision. The appellate Court shall forward its decision to
the appellant, the Court of first instance and the procuracy of the same jurisdiction; and where the
appellate Court accepts the out-of-time appeal, the Court of first instance shall carry out the
procedures stipulated by this Code.

Article 276 Notices of payment of a court fee deposit for an appeal hearing

1. Upon accept of a proper appeal application, the Court of first instance shall give notification to the
appellant so that he or she shall pay a court fee for the appeal hearing in accordance with law if he or

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 she does not fall under the cases in which a court fee deposit for appeal hearing is exempt or is not
required to be paid.

2. Within a time-limit of ten (10) days from the date of receipt of the notice to pay a court fee deposit for
appeal hearing from the Court, the appellant must pay the court fee deposit and submit a receipt for
payment of same to the Court of first instance. An appellant who fails to pay the court fee deposit for
appeal hearing within this time-limit shall be deemed to have revoked its appeal, unless it has a
legitimate reason.

Where the appellant submits a receipt for payment of the court fee deposit for appeal hearing after
expiry of the time-limit of ten (10) days from the date of receipt of the notice to pay same from the
Court but does not specify any reason therefor, the Court of first instance shall request the appellant
to lodge a written presentation on the reason for late submission of the receipt for payment of the
court fee deposit for appeal hearing within the stipulated three working days with the Court of first
instance to enable it to include same in the case file. This case shall be dealt with in accordance with
the procedures for consideration of out-of-time appeals.

Article 277 Notice of appeal

1. Upon acceptance of a lawful appeal application, the Court of first instance shall promptly notify in
writing the appeal accompanied by a photocopy of the appeal application and the additional data and
evidence enclosed with the appeal application by the appellant to the procuracy of the same
jurisdiction and concerned parties relating to the appeal.

2. Any concerned party relating to the appeal who has been notified of the appeal has the right to
submit a document specifying his or her view on the contents of the appeal to the appellate Court.
This document specifying his or her view shall be included in the case file.

Article 278 Protest of the procuracy [decision to appeal]

The chief prosecutor of the procuracy of the same or immediately higher jurisdiction has the right to protest
against a first instance judgment or a decision of temporary suspension of a civil case or suspension of a
civil case pronounced by the Court of first instance, and to request the appellate Court to directly resolve
the matter in accordance with the appellate proceedings.

Article 279 Protest decision [decision to appeal] of the procuracy

1. A protest decision of the procuracy must be in writing and contain the following main contents:

(a) The date on which the protest decision is issued and serial number of the decision on protest;

(b) The name of the procuracy issuing the protest decision;

(c) All or part of the judgment or decision of the Court of first instance which is not yet legally
enforceable;

(d) The reasons for the protest and the request of the procuracy;

(dd) The full name of the signatory of the protest decision and seal of the procuracy issuing the
decision to appeal.

2. The protest decision shall be forwarded immediately to the Court of first instance which made the
judgement or decision which is being protested against to enable it to carry out necessary

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 procedures stipulated by this Code and forward the case file to the appellate Court in accordance
with article 283 of this Code.

3. The protest decision shall be accompanied by additional data and evidence (if any) in order to
substantiate that the protest of the procuracy is well grounded and lawful.

Article 280 Time-limit for lodging a protest

1. The time-limit for lodging a protest of the procuracy of the same jurisdiction or of the immediately
higher jurisdiction against a judgement pronounced by the Court of first instance is fifteen (15) days
and one month respectively, as from the date of pronouncement of the judgment. Where the trial
does not involve the participation of a prosecutor, this period shall be calculated from the date on
which the procuracy of the same jurisdiction receives a copy of the judgment

2. The time-limit for lodging a protest of the procuracy of the same jurisdiction or of the immediately
higher jurisdiction against a decision of temporary suspension or decision of suspension of a case
issued by the Court of first instance is seven (7) and ten (10) days respectively, as from the date on
which the procuracy of the same jurisdiction receives a copy of the decision.

3. When the Court receives the protest decision of the procuracy but such decision is made after the
time-limits prescribed in clauses 1 and 2 above, the Court of first instance shall request the procuracy
to provide a written explanation specifying the reason therefor.

Article 281 Notice of protest

1. The procuracy issuing a protest decision shall forward promptly the decision to the parties relating to
the appeal.

2. A person who has been notified of the protest shall have the right to submit a document specifying
his or her view on the contents of the protest to the appellate Court. The document specifying his or
her view shall be included in the case file.

Article 282 Effects of an appeal or protest

1. The first instance judgement, decision of the Court of first instance or parts of the first instance
judgment or decision of the Court of first instance which are being appealed or protested against
shall not sent for enforcement, unless immediate enforcement is stipulated by law.

2. The first instance judgement, decision of the Court of first instance or the parts of the first instance
judgment or decision of the Court of first instance which are not being appealed or protested against
in accordance with the appellate proceedings shall be legally enforceable as from the expiry date of
the time-limit for an appeal or protest.

Article 283 Forwarding case files and appeals or protests

The Court of first instance shall forward the case file, the appeal application or protest decision and
attached additional data and evidence to the appellate Court within five working days from the date on
which:

1. The time-limit for a protest expires.

2. The appellant submits a receipt for payment of a court fee deposit for appeal hearing to the Court of
first instance within the time-limit for lodging an appeal.

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Article 284 Change or addition or withdrawal of an appeal or protest

1. Prior to the expiry of the time-limit for lodging an appeal prescribed in article 273 of this Code, the
appellant has the right to make any change or addition to the appeal without being limited to the
scope of the original appeal.

Prior to the expiry of the time-limit for lodging a protest prescribed in article 280 of this Code, the
procuracy has the right to make any change or addition to the protest without being limited to the
scope of the original protest.

2. Prior to the commencement of an appeal hearing or at the appeal hearing, the appellant has the right
to make any change or addition to the appeal or the procuracy which made the protest has the right
to make any change or addition to the protest, but [such change or addition] shall not fall outside the
scope of the original appeal or protest if the time-limit for the appeal or protest has expired.

3. Prior to the commencement of an appeal hearing or at the appeal hearing, the appellant has the right
to withdraw the appeal, or the procuracy which made the protest or the immediately upper procuracy
has the right to withdraw the protest.

The appellate Court shall suspend the appeal hearing in respect of the part of the case for which the
appellant has withdrawn the appeal or the procuracy has withdrawn the protest.

The suspension of the appeal hearing prior to the commencement of a trial shall be decided by the
presiding judge, and at the hearing shall be decided by the Council of Adjudicators.

4. Any change of or addition to or withdrawal of the appeal or protest prior to the commencement of a
trial shall be made in writing and forwarded to the appellate Court. The appellate Court shall notify
the concerned parties of the change of or addition to or withdrawal of the appeal or protest and the
procuracy of the same jurisdiction of the change of or addition to or withdrawal of the appeal.

Any change of or addition to or withdrawal of the appeal or protest at the hearing shall be recorded in
the trial transcript.

CHAPTER XVI

Preparation for an Appeal Hearing

Article 285 Acceptance of a case for appeal hearing

1. Upon receipt of the case file, the appeal or protest and attached data and evidence, the appellate
Court must record it in the book of acceptance.

Within three working days from the date of acceptance of the case, the Court shall notify in writing
that the Court has accepted the case to the concerned parties, agency, organization or individual
initiating a legal action and the procuracy of the same jurisdiction and notify same on its portal (if
any).

2. The chief justice of the appellate Court shall establish a Council of Adjudicators with appellate
jurisdiction and assign a judge as the presiding judge.

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 Article 286 Time-limit of preparation for an appeal hearing

1. Within a period of two months from the date of acceptance of the case, subject to each case, the
appellate Court shall issue one of the following decisions:

(a) To temporarily suspend the appeal hearing of the case;

(b) To suspend the appeal hearing of the case;

(c) To bring the case to an appeal hearing;

With respect to cases with a complex nature or due to an event of force majeure or objective
hindrance, the chief justice of the appellate Court may decide to extend the time-limit of preparation
for trial, but [the extension] shall not exceed one month.

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

3. Where there is a decision to temporarily suspend the appeal hearing, the time-limit of preparation for
an appeal hearing shall be re-calculated from the effective date of the decision resuming the case
made by the Court.

4. The time-limit prescribed in this article shall not be applicable to cases the appeal hearing of which is
conducted in accordance with the summary procedures or cases involving foreign elements.

Article 287 Provision of data and evidence in the period of preparation for an appeal hearing

1. A concerned party is entitled to supplement the following data and evidence in the period of
preparation for an appeal hearing:

(a) The data and evidence which the Court of first instance requested the concerned party to
submit but it failed to deliver same for a proper reason;

(b) The data and evidence which the Court of first instance did not request the concerned party to
submit or which was previously unknown to the concerned party during resolving the affair at
first instance.

2. The procedures for submission of data and evidence shall be carried out in accordance with article
96 of this Code.

Article 288 Temporary suspension of the appeal hearing of a case

1. Where the appellate Court issues a decision to temporarily suspend the appeal hearing of a case, the
effect of the temporary suspension of the appeal hearing and the resumption of the appeal hearing
shall be subject to articles 214 to 216 of this Code.

2. The decision to temporarily suspend the appeal hearing of a case shall become effective immediately
and shall be forwarded promptly to the concerned parties, the agency, organization or individual
initiating a legal action and the procuracy of the same jurisdiction.

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Article 289 Suspension of the appeal hearing of a case

1. The appellate Court shall issue a decision to suspend the appeal hearing of the whole or part of a
case in the following circumstances:

(a) In the cases stipulated in paragraphs (a) and (b) of article 217.1 of this Code;

(b) Where the appellant or the procuracy withdraws the whole of the appeal or protest;

(c) Where the appellant or the procuracy withdraws part of the appeal or protest respectively;

(d) In other cases stipulated by law.

2. Where the appellant or the procuracy withdraws the whole of the appeal or protest before the
appellate Court issues a decision bringing the case to an appeal hearing, the judge who is assigned
to act as the presiding judge of the trial shall issue a decision suspending [staying] the appeal
hearing; and where the appellant or procuracy withdraws the whole of the appeal or protest after the
appellate Court issues a decision bringing the case to an appeal hearing, the Council of Adjudicators
with appellate jurisdiction shall issue a decision suspending the appeal hearing.

In these cases, the first instance judgement or decision shall be legally enforceable from the date on
which the appellate Court issues the decision suspending the appeal hearing.

3. Where the appellant or procuracy withdraws part of the appeal or protest, the Council of Adjudicators
with appellate jurisdiction shall make remarks in its judgement on the fact that the appellant or the
procuracy withdrew part of the appeal or protest and on the decision suspending the hearing of such
part of the appeal or protest.

4. The decision suspending the appeal hearing of a case shall become effective immediately and shall
be forwarded promptly to the concerned parties, the agency, organization or individual initiating a
legal action and the procuracy of the same jurisdiction.

Article 290 Decision to bring a case to an appeal hearing

1. A decision bringing a case to an appeal hearing must contain the following main contents:

(a) The contents prescribed in sub-clauses (a), (b), (c), (d), (g), (h) and (i) of clause 1 of article 220
of this Code;

(b) The full name of the judge and court clerk; and the full name of the stand-by judge (if any);

(c) The full name and the legal capacity of the appellant to participate in proceedings;

(d) The procuracy making the protest (if any);

(dd) The full name of the procurator participating in the trial; and the full name of the stand-by
procurator (if any).

2. The decision bringing the case to an appeal hearing shall be forwarded to the concerned parties and
the procuracy of the same jurisdiction within three working days from the date of its issuance.

Article 291 Decision to apply, change or cancel preliminary injunctive relief

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During the period of preparation for an appeal hearing, the appellate Court has the right to apply, change or
cancel preliminary injunctive relief as stipulated in Chapter VIII of this Code.

Article 292 Forwarding the case file to the procuracy for study

1. The appellate Court shall forward the case file together with the decision bringing the case to a
hearing to the procuracy of the same jurisdiction for study.

2. The time-limit for the procuracy of the same jurisdiction to study the file is fifteen (15) days from the
date of receipt of the case file; upon expiry of such time-limit, the procuracy must return the file to the
Court.

CHAPTER XVII

Appeal Hearing Procedures

SECTION 1

Procedures for Commencing an Appeal Hearing

Article 293 Scope of an appeal hearing

The appellate Court shall only consider the part of the judgement or decision of the Court of first instance
which is being appealed or protested against or relates to consideration of the contents of the appeal or
protest.

Article 294 Participants in an appeal hearing

1. The appellant, concerned parties, the agencies, organizations and individuals related to the hearing
of the appeal or protest and persons protecting the lawful rights and interests of the concerned
parties must be summonsed to participate in the hearing. The Court may summons other persons to
participate in proceedings where it considers it necessary for the hearing of the appeal or protest.

2. A prosecutor of the procuracy of the same jurisdiction shall take part in the appeal hearing.

Article 295 Temporary suspension or suspension of an appeal hearing at trial

At the appeal hearing, the temporary suspension or suspension of the appeal hearing may be conducted in
accordance with articles 288 and 289 of this Code.

Article 296 Adjournment of an appeal hearing

1. Where the prosecutor who is assigned to participate at the hearing is absent from the hearing, the
Council of Adjudicators still conducts the hearing unless the procuracy makes a protest in
accordance with appeal procedures.

2. Where the appellant or a person who does not make an appeal has rights and obligations relating to
the appeal or protest or the person protecting his or her lawful rights and interests is absent from the
hearing after being properly summonsed by the Court for the first time, the hearing shall be
adjourned. Where such person makes an application to petition the Court to conduct the hearing in
his or her absence, the Court shall conduct the appeal hearing in his or her absence.

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3. An appellant who is absent from the hearing after being properly summonsed twice shall be deemed
to have abandoned his or her appeal and the Court shall suspend the appeal hearing of his or her
appeal, unless such person makes an application to petition the Court to conduct the hearing in his or
her absence in which event the Court shall conduct the appeal hearing in his or her absence.

Where the appellant is absent from the hearing due to an event of force majeure or objective
hindrance, the hearing shall be adjourned.

Where there are several appellants of whom one is absent from the hearing after being properly
summonsed twice by the Court but fails to make an application to petition the Court to conduct the
hearing in his or her absence, such appellant shall be deemed to have abandoned his or her appeal
and the Court shall bring the case to a hearing. The Court shall stay the appeal hearing of the appeal
of such absent appellant in its decision on judgement.

Where any person who does not make an appeal but has rights and obligations relating to the appeal
or protest and other persons participating in proceedings are absent from the hearing after being
properly summonsed twice by the Court, the Court shall conduct the hearing of the case.

4. The period of adjournment of the hearing and decision to adjourn the appeal hearing shall be subject
to article 233 of this Code.

Article 297 Preparation for opening of an appeal hearing and procedures for commencing an appeal
hearing

The preparation for opening of an appeal hearing and procedures for commencing an appeal hearing shall
be carried out in accordance with articles 237, 239, 240, 241 and 242 of this Code.

Article 298 Questioning about the appeal or protest and dealing with change of an appeal or protest at the
hearing

1. After completion of the procedures for commencing the appeal hearing, a member of the Council of
Adjudicators with appellate jurisdiction shall present the contents of the matter, the decision of the
lower court, and the contents of the appeal or protest.

2. The presiding judge shall ask the following:

(a) Whether or not the plaintiff wishes to withdraw his or her application for a legal action;

(b) Whether or not the appellant or the procurator wishes to change, add or withdraw his or her
appeal or protest;

(c) Whether or not the concerned parties can reach an agreement to resolve the matter.

3. Where the appellant or the procuracy withdraws part of the appeal or protest respectively, the Court
shall accept the withdrawal of the appeal or protest. Where the appellant or the procuracy
supplements new contents which fall outside the scope of the original appeal or protest, the Court
shall not consider such contents.

Article 299 Plaintiff withdrawing application for a legal action prior to the commencement of the hearing or
at the appeal hearing

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1. If the plaintiff withdraws his or her application for a legal action prior to the commencement of a
hearing or at the appeal hearing, the Council of Adjudicators with appellate jurisdiction shall ask
whether or not the defendant so agrees and, subject to each case, shall resolve the issue as follows:

(a) Refusing the withdrawal of the application by the plaintiff if the defendant disagrees [on the
withdrawal];

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

2. Where the Council of Adjudicators with appellate jurisdiction issues a decision staying the appeal
proceeding in accordance with clause 1(b) above, the plaintiff has the right to reinitiate the legal
proceeding in accordance with the procedures stipulated by this Code.

Article 300 Acknowledging a settlement by the parties in the appeal hearing

1. In the appeal hearing, if the parties reach an agreement to settle the case and their agreement is
voluntary and does not breach the provisions of the law on prohibited conduct and is not contrary to
social morality, the Council of Adjudicators with appellate jurisdiction shall issue a judgment on the
appeal hearing to vary the first instance judgement and shall acknowledge the agreement of the
parties.

2. The parties shall reach a compromise with each other on payment of the court fee for first instance
hearing; if they cannot reach an agreement, the Court shall decide same in accordance with law.

SECTION 2

Argument at the Appeal Hearing

Article 301 Contents and method of argument at the appeal hearing

The contents and method of argument at the appeal hearing shall be carried out in accordance with article
247 of this Code.

Article 302 Presentations of concerned parties and prosecutor at the appeal hearing

Where the concerned party maintains its appeal or the procuracy maintains its protest, the presentation at
the appeal hearing shall be made as follows:

1. Presentation on the appeal or protest:

(a) The person protecting the lawful rights and interests of the appellant shall present the contents
of the appeal and grounds therefor. The appellant shall have the right to present an additional
view.

Where all concerned parties appeal, the presentation shall be made in the following order: the
person protecting the lawful right and interests of the appellant being the plaintiff and the
plaintiff; the person protecting the lawful rights and interests of the appellant being the
defendant and the defendant; the person protecting the lawful rights and interests of the

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 appellant being a person with related rights and obligations and then the person with related
rights and obligations.

(b) Where only the procuracy lodges a protest, the prosecutor shall present the contents of the
protest and the grounds therefor. Where there is both an appeal and protest, the concerned
parties shall present first the contents of the appeal and grounds therefor, then the prosecutor
shall present the contents of the protest and the grounds therefor;

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

2. The persons protecting the lawful rights and interests of other concerned parties relating to the
appeal or protest shall present their views on the contents of the appeal or protest. The concerned
parties shall have the right to present an additional view.

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

Article 303 The procedures for questioning and disclosure of data and evidence and examination of
physical evidence at the appeal hearing

1. The procedures for questioning of persons participating in proceedings and disclosure of data or
examination of physical evidence prescribed in article 287 of this Code at the appeal hearing shall be
carried out the same as at first instance hearings.

2. The questioning shall be carried out with respect to issues falling within the scope of appeal hearing
stipulated in article 293 of this Code.

Article 304 Temporary cessation of the appeal hearing

The temporary cessation of the appeal hearing shall be carried out in accordance with article 259 of this
Code.

Article 305 Argument at the appeal hearing

1. At the appeal hearing, the concerned parties and persons protecting the lawful rights and interests of
such concerned parties are only permitted to argue on the issues which fall within the scope of the
appeal hearing and which have been questioned at the appeal hearing.

2. The argument in respect of an appeal shall be carried out in the following order:

(a) The person protecting the lawful rights and interests of the appellant shall present his or her
view. The appellant shall have the right to present an additional view;

(b) The person protecting the lawful rights and interests of a concerned party shall carry out the
argument and make his or her response. The concerned party shall have the right to present
an additional view;

(c) Where necessary, the Council of Adjudicators may request the concerned parties to further
argue on the specific issues to provide grounds for resolution of the case.

3. The argument in respect of a protest shall be carried out in the following order:

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 (a) The person protecting the lawful rights and interests of the concerned party shall present his or
her view on the legality and whether there are good grounds for the protest. The concerned
party shall have the right to present an additional view;

(b) The prosecutor shall present his or her view on the issues which the person protecting the
lawful rights and interests of the concerned party and the concerned party have raised.

4. Where a concerned party does not have any person to protect his or her lawful rights and interests,
he or she shall conduct the argument.

5. Where one of the concerned parties and other persons participating in the proceedings are absent
from the hearing, the presiding judge shall make public such party's testimony to provide a basis for
the concerned parties which are present in the trial to conduct the argument and make their
responses.

Article 306 Presentation of the prosecutor at the appeal hearing

Upon completion of the argument and responses, the prosecutor shall present the view of the procuracy on
compliance with law during resolution of a civil case in the stage of the appeal proceedings.

Immediately upon completion of the trial, the prosecutor must forward such written view to the Court to
enable it to archive same in the case file.

Article 307 Deliberation and pronouncement of a judgement

The deliberation on a judgement, resumption of the questioning and argument, period of deliberation and
pronouncement of a judgement, and amendment of and addition to the judgement of the appeal hearing
shall be carried out the same as the procedures for first instance hearings.

Article 308 Powers of the Council of Adjudicators with appellate jurisdiction

The Council of Adjudicators with appellate jurisdiction has the following powers:

1. Uphold the judgment of the Court of first instance;

2. Vary the judgment of the Court of first instance;

3. Set aside the first instance judgment or part of such judgement and transfer the case file to the Court
with original jurisdiction for a new trial at first instance;

4. Set aside the judgement of the Court of first instance and stay the proceeding;

5. Stay the appeal hearing;

6. Temporarily stay the case from the time when the Chief Justice of the Supreme People's Court
petitions in writing the competent State agency for its consideration on amendment, supplement or
revocation of a legal instrument which has a sign of a breach of the Constitution, a law or resolution
of the National Assembly, an ordinance or resolution of the Standing Committee of the National
Assembly or a legal instrument of a State agency at the higher level, to the time when the competent
State agency notifies in writing the Court of the result thereof.

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Article 309 Varying a judgement of the Court of first instance

The Council of Adjudicators with appellate jurisdiction shall vary a part or the whole of the judgment of the
Court of first instance if the decision made by Court is contrary to the law in the following circumstances:

1. The gathering of evidence and substantiation has been conducted fully and strictly in accordance
with the provisions of Chapter VII of this Code;

2. The gathering of evidence and substantiation was not conducted fully at the first instance level but
new evidence was fully admitted at the appeal hearing.

Article 310 Setting aside the first instance judgment or part of such judgement and transferring the case
file to the court with original jurisdiction for a new trial at first instance

The Council of Adjudicators with appellate jurisdiction shall set aside the first instance judgment or part of
such judgement and transfer the case file to the court with original jurisdiction for a new trial at first instance
in one of the following circumstances:

1. The gathering of evidence and substantiation was not conducted in accordance with the provisions of
Chapter VII of this Code or was not conducted fully but new evidence is unable to be admitted at the
appeal hearing;

2. The composition of the Council of Adjudicators with first instance jurisdiction was not in accordance
with the provisions of this Code or there were serious breaches of litigation procedures affecting the
lawful rights and interests of the concerned parties.

Article 311 Setting aside the judgement of the Court of first instance and staying the proceeding

The Council of Adjudicators with appellate jurisdiction shall set aside the judgement of the Court of first
instance and stay the proceeding if during the hearing of the case by the Court of first instance, the case fell
within the cases stipulated in articles 217 and 299.1(b) of this Code.

Article 312 Stay of the appeal hearing

The Council of Adjudicators with appellate jurisdiction shall stay the appeal hearing and uphold the
judgment of the Court of first instance in one of the following circumstances:

1. Pursuant to article 289.2 of this Code.

2. The appellant was absent from the hearing after being properly summonsed twice as stipulated in
article 296.3 of this Code, unless there is another appellant in the case or the procuracy lodged a
protest.

Article 313 Judgment of the appellate Court

1. The Council of Adjudicators with appellate jurisdiction shall make a judgement of the appellate court
on behalf of the Socialist Republic of Vietnam.

2. A judgement of the appellate Court shall consist of:

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 (a) The preamble;

(b) The contents of the case, appeal or protest and the remarks;

(c) The decisions.

3. The preamble shall specify the name of the appellate Court; serial number and date of acceptance of
the case; the serial number of the judgement and date of pronouncement of the judgement; the full
names of members of the Council of Adjudicators, of the court clerk of the trial, the prosecutor, the
expert and interpreter; the names and addresses of the plaintiff, defendant and persons with related
rights and obligations and of the agency, organization or individual initiating a legal action; the legal
representatives and persons protecting the lawful rights and interests of the concerned parties; the
appellant or the procuracy making the protest; open or closed hearing; and time and place of hearing.

4. The contents of the case, the decision of the Court of first instance; and the contents of the appeal or
protest shall be summarized in the section on contents of the case, appeal or protest and the
remarks.

The Court must analyse, evaluate and remark on the appeal or protest, the details of the case, the
resolution and hearing of the Court of first instance and the legal grounds used by the Court on the
basis of the data and evidence considered at the trial and the result of argument at the trial, and if the
case falls under the cases prescribed in article 4.2 of this Code, also the customs, legal analogy,
basic principles of the civil law, case precedents or equity, in order to accept or refuse the appeal or
protest and to resolve other relevant issues.

The legal grounds, decisions of the Council of Adjudicators on each matter which should be resolved
in the case, application of preliminary injunctive relief, payment of court fees at first instance or on
appeal and expenses for the proceedings (if any) shall be specified in the section on decisions.

5. Upon rehearing of a case for which the whole or part of the judgement or decision has been set aside
pursuant to the judicial review decision or the new trial decision, the Court must resolve the issues in
relation to property or obligations (if any) which have been enforced pursuant to the legally
enforceable judgement or decision which is now set aside and must specify [its decisions] in the
judgement.

6. The judgment of the appellate court shall be legally enforceable as of the date of its pronouncement.

Article 314 Appeal procedures with respect to decisions of a Court of first instance which are appealed or
protested against

1. When conducting the appeal proceedings in respect of a decision of the Court of first instance which
is being appealed or protested against, the Council of Adjudicators with appellate jurisdiction is not
required to conduct a hearing or summons the concerned parties except where such Council must
hear their views on the matter prior to making a decision.

2. Within the time-limit of one month from the date of acceptance of the case in which the decision of
the Court of first instance is being appealed or protested against, the Court shall conduct a meeting
to consider such decision; and if there is a proper reason, such time-limit shall be two months. The
prosecutor of the Procuracy of the same jurisdiction shall take part in the meeting. If the procurator is
absent [from the meeting], the Court still conducts the meeting, unless the procuracy lodges a
protest.

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3. A member of the Council of Adjudicators with appellate jurisdiction shall present briefly the contents
of the decision of the Court of first instance which is being appealed or protested against, contents of
the appeal or protest, and attached data and evidence (if any).

4. The prosecutor shall present the view of the procuracy on settlement of the appeal or protest before
the Council of Adjudicators with appellate jurisdiction makes its decision.

5. When considering the decision of the Court of first instance which is being appealed or protested
against, the Council of Adjudicators with appellate jurisdiction has the power to:

(a) Uphold the decision of the Court of first instance;

(b) Vary the decision of the Court of first instance;

(c) Set aside the decision of the Court of first instance and transfer the case file to the Court of
first instance for a new trial.

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

Article 315 Sending judgements and decisions of the appeal Court

1. Within a period of fifteen (15) days from the date of pronouncement of the judgement or decision of
the appeal Court, the appeal Court must send its judgement or decision to the Court which conducted
the first instance hearing, the procuracy of the same jurisdiction, the competent agency for
enforcement of civil judgements, the appellant and to persons with rights and interests relating to the
appeal or protest or their legal representatives.

Where the superior people's court conducts the appeal hearing, this period may be longer but shall
not exceed twenty five (25) days.

2. The judgement or decision of the appeal Court relating to protection of consumers interests for which
a social organization participating in protection of consumers interests initiates a legal action shall be
displayed publicly at the head office of the Court and made public on one of the central or local daily
newspapers in three consecutive issues.

The judgement or decision of the appeal Court relating to the State responsibility for compensation
must be forwarded by the appeal Court to the competent State administrative agency for State
compensation.

The appeal Court shall notify in writing its judgement or decision relating to the change in the
registration of civil status of an individual accompanied by an excerpt of the judgement or decision to
the people's committee which registered the legal status of such individual in accordance with the
Law on Registration of Civil Status within five working days from the date on which such judgment or
decision is legally enforceable.

3. The judgement of the appeal Court shall be made public on the portal (if any) of the Court, unless
[such judgement] contains information prescribed in article 109.2 of this Code.

PART IV

Resolution of Civil Cases in Accordance with Summary Procedures

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 CHAPTER XVIII

Resolution of Civil Cases in Accordance with Summary Procedures at the Court of First Instance

Article 316 Scope of application of summary procedures

1. Summary procedures means the legal procedures applicable to civil cases which satisfy all
conditions prescribed by this Code in a simple sequence as compared to general procedures
applicable to civil cases, in order to rapidly resolve the case but still ensuring compliance with law.

2. The provisions of this Part shall be applied in order to resolve cases in accordance with summary
procedures; and where there is no relevant provision [in this Part], other relevant provisions in this
Code shall apply to the case.

3. Where another law regulates that civil disputes are to be resolved in accordance with summary
procedures, such disputes shall be resolved in accordance with the procedures stipulated in this Part.

Article 317 Conditions for application of summary procedures

1. The Court shall resolve a case in accordance with summary procedures when all the following
conditions are satisfied:

(a) The case has a simple nature and clear legal relations, and the concerned parties have
acknowledged their obligations; the data and evidence are complete and ensure sufficient
grounds for resolving the case and the Court is not required to collect any data or evidence;

(b) The concerned parties have clear addresses of their place of residence and head office;

(c) There is not any concerned party residing overseas nor property in dispute abroad, unless the
overseas concerned party and the concerned party in Vietnam agree with each other to
petition the Court to resolve [the case] in accordance with summary procedures or the
concerned parties have presented evidence regarding the lawful ownership rights of the assets
and have an agreement on dealing with the assets.

2. With respect to labour cases which have been accepted and resolved in accordance with summary
procedures, if the employer with a foreign nationality or his or her legal representative has left the
address of the place of residence or head office without notification to other concerned parties or the
Court, he or she shall be deemed to intentionally hide his or her address and the Court still resolves
such case in accordance with summary procedures as prescribed in this Part.

3. During the period of preparation for the trial in accordance with summary procedures, if there is the
following fresh evidence which renders the case no longer satisfying all the conditions for resolution
in accordance with summary procedures, the Court shall issue a decision to resolve the case in
accordance with general procedures:

(a) Fresh evidence arises but the concerned parties cannot agree with each other, therefore it is
necessary to verify or collect additional data or to carry out an examination;

(b) It is necessary to value or appraise the price of the assets in dispute for which the concerned
parties cannot agree on a price;

(c) It is necessary to apply preliminary injunctive relief;

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 (d) There is a new person with related rights and obligations;

(dd) There is a new counterclaim or independent claim;

(e) There is a new concerned party residing overseas or property in dispute abroad and the
requirement for verification or collection of overseas evidence necessitates judicial
authorization, except for the case prescribed in clause 1(c) above.

4. Where the case is resolved in accordance with general procedures, the period of preparation for the
trial shall be re-calculated from the date of the decision to resolve the case in accordance with
general procedures.

Article 318 Decision bringing the case to a hearing in accordance with summary procedures

1. Within one month from the date of acceptance of the case in accordance with clauses 3 and 4 of
article 195 of this Code, the judge who is assigned to resolve the case must issue a decision bringing
the case to a hearing in accordance with summary procedures and conduct a hearing within ten (10)
days from the date of the decision.

2. A decision bringing the case to a hearing in accordance with summary procedures shall contain the
following main contents:

(a) The date of the decision;

(b) The name of the Court issuing the decision;

(c) The case to be brought to a hearing in accordance with summary procedures;

(d) The name, address, telephone number, facsimile and email address (if any) of the plaintiff,
defendant or agency, organization or individual initiating a legal action prescribed in article 187
and of persons with related rights and obligations;

(dd) The full names of the judge, court clerks and stand-by judge (if any);

(e) The full name of prosecutor and stand-by prosecutor (if any);

(g) The date and location of the trial;

(h) Whether the trial is a closed hearing or an open hearing;

(i) The full names of persons who are summonsed to take part in the trial.

3. The decision bringing the case to a hearing in accordance with summary procedures shall be
forwarded promptly to the concerned parties and procuracy of the same jurisdiction.

Where the procuracy takes part in the trial in accordance with article 21.2 of this Code, the Court
shall send the case file accompanied by the decision bringing the case to a hearing to the procuracy
of the same jurisdiction; and within fifteen (15) days from the date of receipt of the file, the procuracy
must study and return the file to the Court.

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Article 319 Complaints or petitions and resolution of complaints or petitions against decisions to bring a
case to a hearing in accordance with summary procedures

1. With three working days from the date of receipt of the decision bringing the case to a hearing in
accordance with summary procedures, any concerned party has the right to lodge a complaint, and
the procuracy of the same jurisdiction has the right to lodge a petition with the chief justice of the
Court which issued the decision.

2. Within three working days from the date of receipt of the complaint or petition against the decision
bringing the case to a hearing in accordance with summary procedures, the chief justice of the Court
shall issue either of the following decisions

(a) Uphold the decision bringing the case to a hearing in accordance with summary procedures;

(b) Set aside the decision bringing the case to a hearing in accordance with summary procedures
and bring the case to a hearing in accordance with general procedures.

3. The decision of the chief justice of the Court on resolution of the complaint or petition shall be final
and shall be forwarded promptly to the concerned parties and the procuracy of the same jurisdiction.

Article 320 Trial in accordance with summary procedures

1. The concerned parties and the procurator of the procuracy of the same jurisdiction must be present
at the trail conducted in accordance with summary procedures. Where the procurator is absent from
the trial, the Council of Adjudicators still conducts a hearing. A concerned party has the right to
petition the Court to conduct the hearing in his or her absence.

Where the defendant or the person with related rights and obligations is absent from the trial without
a proper reason after being properly summonsed, the judge shall still conduct the trial.

2. The judge shall carry out the procedures for opening of a trial in accordance with article 239 of this
Code.

3. After opening of the trial, the judge shall carry out conciliation unless conciliation is not allowed as
stipulated in article 206 or conciliation is unable to be carried out as stipulated in article 207 of this
Code. Where the parties reach an agreement on the matter which must be resolved in the case, the
judge shall issue a decision acknowledging the settlement of the concerned parties in accordance
with article 212 of this Code. Where the parties fail to agree with each other on the matter which
must be resolved in the case, the judge shall conduct a hearing.

The presentation, argument, responses and making of the decision on how the matter should be
resolved shall be subject to the provisions of Section 3 of Chapter XIV of this Code.

4. Where there is fresh evidence at the trial as stipulated in article 317.3 of this Code which renders the
case no longer satisfying all conditions for resolution in accordance with summary procedures, the
judge shall consider and issue a decision to resolve the case in accordance with general procedures.
In this case, the period of preparation for a trial is calculated in accordance with article 317.4 of this
Code.

Article 321 Validity of judgments and decisions in accordance with summary procedures

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1. A first instance judgment or decision in accordance with summary procedures may be appealed or
protested against in accordance with the appellate proceedings in order to petition the appeal Court
to resolve the case in accordance with the summary appellate proceedings.

2. A judgement or decision in accordance with summary procedures may be protested against in

accordance with the procedures for judicial review or for a new trial stipulated by this Code.

CHAPTER XIX

Resolution of Civil Cases in Accordance with the Summary Procedures at the Appeal Court

Article 322 Time-limit for lodging an appeal or protest against a judgement or decision in accordance with
summary procedures

1. The time-limit for lodging an appeal or protest against a judgment or decision of the Court of first
instance in accordance with summary procedures is seven days from the date of pronouncement of
the judgement. Applicable to the concerned parties being absent from the trial, the time-limit for
lodging an appeal shall be calculated from the date on which such judgement or decision is delivered
to them or such judgement or decision is displayed.

2. The time-limit for the procuracy of the same jurisdiction and for the procuracy of the immediately
higher jurisdiction to lodge a protest against the judgment or decision of the Court of first instance in
accordance with summary procedures is seven days and ten (10) days, respectively, from the date of
receipt of such judgement or decision.

Article 323 Period of preparation for an appeal hearing in accordance with summary procedures

1. Within a period of one month from the date of acceptance of the case, subject to each case, the
judge who is assigned to resolve the case in accordance with the appellate proceedings shall issue
one of the following decisions:

(a) To temporarily suspend the appeal hearing of the case;

(b) To suspend the appeal hearing of the case;

(c) To bring the case to an appeal hearing;

2. The decision bringing the case to an appeal hearing must contain the items prescribed in article
290.1 of this Code. Such decision must be forwarded immediately to the persons related to the
appeal or protest and together with the case file to the procuracy of the same jurisdiction for study.

The period for the procuracy of the same jurisdiction to study the file is five (5) working days from the
date of receipt of the case file; upon expiry of such period, the procuracy must return the file to the
Court.

3. Where there is a decision temporarily suspending the appeal hearing of the case, the period of
preparation for an appeal hearing shall be re-calculated from the date on which the appeal Court
resumes the appeal hearing of the case when the grounds for temporary suspension no longer exist.

4. Where there is fresh evidence prescribed in article 317.3 of this Code, the Court shall issue a
decision resolving the case in accordance with general procedures. In such case, the period of
preparation for a hearing of the case shall be calculated in accordance with article 317.4 of this Code.

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Article 324 Summary appeal proceedings with respect to judgements and decisions of a Court of first
instance which are being appealed or protested against

1. The judge shall, within a time-limit of fifteen (15) days from the date of the decision bringing the case
to an appeal hearing, conduct the appeal hearing.

2. The concerned parties and the prosecutor of the procuracy of the same jurisdiction must be present
at the appeal hearing. Where the procurator is absent from the hearing, the Council of Adjudicators
still conducts the hearing, unless the procuracy lodged the protest. A concerned party shall have the
right to petition the Court to conduct the hearing in his or her absence.

Where the concerned party which does not make an appeal is absent [from the hearing] without a
proper reason after being properly summonsed, the judge shall still conduct the hearing.

3. The judge shall present a summary of the content of the first instance judgment or decision which is
being appealed or protested against, and the content of the appeal or protest and attached data and
evidence (if any).

4. The person protecting the lawful rights and interests of the concerned party shall present his or her
view and the concerned party shall present an additional view on the content of the appeal or protest,
and shall carry out argument, make responses and provide their position on how the case could be
resolved.

5. After completion of the argument and responses, the prosecutor shall present the view of the
procuracy on compliance with law during resolution of the civil case in the appellate stage.

Immediately after completion of the hearing, the prosecutor must sent the written presentation of its
view to the Court to enable it to include same in the case file.

6. When considering the judgement or decision of the Court of first instance which is being appealed or
protested against, the judge has the power to:

(a) Uphold such judgement or decision;

(b) Vary such judgement or decision;

(c) Set aside such judgement or decision and transfer the case file to the Court of first instance for
a new trial in accordance with summary procedures or general procedures if [the case] no
longer satisfies all the conditions for summary procedures;

(d) Set aside the first instance judgement and stay the proceeding;

(dd) Suspend the appeal hearing and uphold the first instance judgment.

7. The judgement or decision of the appellate court shall be legally enforceable as of the date of its
issuance.

PART V

Review of legally enforceable judgments or decisions

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 CHAPTER XX

Procedure for Judicial Review

Article 325 Nature of judicial review

Judicial review is the review of a legally enforceable judgement or decision of a court which is being
protested against on the basis of the procedure for judicial review when there is a ground as prescribed in
article 326 of this Code.

Article 326 Grounds and conditions for protest on the basis of judicial review procedures

1. The grounds for protesting against a legally enforceable judgment or decision of a court on the basis
of judicial review procedures are as follows:

(a) Where the finding of the Court stated in the judgment or decision is inconsistent with the
objective nature of the matter and causes loss and damage to the lawful rights and interests of
a concerned party;

(b) Where a concerned party is unable to exercise its rights and obligations in the proceedings
due to a serious breach of litigation proceedings resulting in its lawful rights and interests not
being protected properly in accordance with law;

(c) Where there are incorrect applications of the law resulting in issuance of an improper
judgement or decision which causes loss and damage to the lawful rights and interests of a
concerned party and infringes the public interest, interest of the State or the lawful rights and
interests of a third person.

2. The person authorized to lodge protests as prescribed in article 331 of this Code shall protest against
a legally enforceable judgment or decision of a court when there is one of the grounds prescribed in
clause 1 above and make an application in accordance with article 328 of this Code or make a notice
or petition in accordance with clauses 2 and 3 of article 327 of this Code; and in cases of
infringement of the public interest, interest of the State or the lawful rights and interests of a third
person, the application is not required.

Article 327 Discovery of legally enforceable judgements and decisions of a Court which should be
reviewed in accordance with judicial review procedures

1. If, within one year from the date on which the judgement or decision of the Court is legally
enforceable, a breach of the law in such judgement or decision is discovered, a concerned party has
the right to request in writing the person who has the right to protest as stipulated in article 331 of this
Code to consider making a protest on the basis of judicial review procedures.

2. Where the Court, procuracy or other agencies, organizations or individuals discover a breach of the
law in a legally enforceable judgement or decision of a court, they must give notification in writing to
the person who has the right to protest as stipulated in article 331 of this Code.

3. The chief justice of the provincial people's court shall petition the chief justice of the superior people's
court or the Chief Justice of the Supreme People's Court, or the chief justice of the superior people's
court shall petition the Chief Justice of the Supreme People's Court to consider making a protest
against a legally enforceable judgment or decision of the Court on the basis of the judicial review
procedures upon discovering that there are the grounds prescribed in article 326.1 of this Code.

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Article 328 Application for review of legally enforceable judgements and decisions of a Court on the basis
of judicial review procedures

1. An application for review of a legally enforceable judgement or decision of the Court on the basis of
judicial review procedures must contain the following main contents:

(a) The date of the application;

(b) The name and address of the applicant;

(c) The legally enforceable judgement or decision of the Court which is subject to the application
for review on the basis of judicial review procedures;

(d) The grounds for the petition or application of the applicant;

(dd) The applicant being an individual must sign or make a fingerprint [at the end of the application];
or if the applicant is an agency or organization then its legal representative must sign and affix
the seal at the end of the application; if the applicant is an enterprise, its seal shall be used in
accordance with the Law on Enterprises.

2. The applicant shall enclose with the application the legally enforceable judgement or decision of the
Court, and data and evidence (if any) to substantiate that its, his or her application is well grounded
and lawful.

3. The application, data and evidence shall be sent to the person authorized to lodge protests as
stipulated in article 331 of this Code.

Article 329 Procedures for receipt of applications for review of legally enforceable judgements and
decisions of the Court on the basis of judicial review procedures

1. The Court or procuracy shall receive an application which is lodged directly or mailed by the applicant
to the Court or procuracy and shall record it in the book of receipt of applications and issue a
certificate of receipt of the application to the applicant. The date of sending the application shall be
calculated from the date on which the applicant lodges the application with the Court or procuracy, or
the date indicated in the date stamp postmark affixed by the sending postal service provider.

2. The Court or procuracy shall only accept an application which contains all the contents prescribed in
article 328 of this Code. Where the application fails to satisfy all the conditions prescribed in article
328 of this Code, the Court or procuracy shall request the applicant to make amendments and
additions within a time-limit of one month from the date of receipt of the request of the Court or
procuracy; and if the applicant fails to make amendments and additions within this time-limit, the
Court or procuracy shall return the application to the applicant and specify the reason therefor and
make a note in the book of receipt of applications.

3. The person authorized to lodge protests on the basis of judicial review procedures shall assign a
person who is responsible for studying the application, notices, petitions and case file for reporting to
the person authorized to lodge protests for his or her consideration and decision; and if no protest is
made, shall notify in writing the concerned parties, agencies, organizations and individuals making
the written notice or petition of the reasons therefor.

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 The Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's
Procuracy shall assign a judge of the Supreme People's Court and a procurator of the Supreme
People's Procuracy to study the application, notices, petitions and case file and report to the former
for his or her consideration and decision on protest. Where no protest is made, the Chief Justice of
the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy shall
himself or herself notify or authorize a judge of the Supreme People's Court and a procurator of the
Supreme People's Procuracy to notify in writing the concerned parties, agency, organization or
individual making the written notice or petition of the reasons therefor.

Article 330 Supplementing and verifying data and evidence on the basis of judicial review procedures

1. A concerned party has the right to provide data and evidence to the person who has the right to
made a protest in accordance with judicial review procedures if the Court of first instance or the
appellate court has not requested the concerned party to provide such data and evidence, or has
requested [the concerned party] to provide same but the concerned party was unable to do so for a
proper reason or there is data or evidence which was previously unknown to the parties in the first
trial.

2. During resolution of the application for review of legally enforceable judgements and decisions of the
Court on the basis of judicial review procedures, a person authorized to lodge protests in accordance
with the procedure for judicial review has the right to request the person making the application to
supplement data or evidence or shall himself or herself check or verify the necessary data or
evidence.

Article 331 Persons authorized to lodge protests in accordance with judicial review procedures

1. The Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's
Procuracy have the power to protest against legally enforceable judgments or decisions of the
superior people's Court or legally enforceable judgments or decisions of other courts in accordance
with judicial review procedures where necessary, except for decisions on judicial review of the
Judicial Council of the Supreme People's Court.

2. Chief Justices of superior courts and chief prosecutors of superior procuracies have the power to
protest against legally enforceable judgments or decisions of provincial courts or district courts in
accordance with judicial review procedures within the scope of their authority by territories.

Article 332 Adjournment or temporary suspension of the enforcement of legally enforceable judgments or
decisions

1. A person who has the right to protest against a legally enforceable judgment or decision of a court
shall have the right to petition the adjournment of the enforcement of such judgement or decision in
order to consider the protest in accordance with judicial review procedures. The adjournment of the
enforcement of the judgement or decision shall be carried out in accordance with the laws on civil
judgement enforcement.

2. A person who has protested against a legally enforceable judgement or decision in accordance with
judicial review procedures has the right to temporarily suspend the enforcement of such judgement or
decision until a decision of the Council of Adjudicators for a judicial review is issued.

Article 333 Decisions on protest based on judicial review procedures

A decision on protest based on judicial review procedures must contain the following main contents:

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1. The date of issuance and serial number of the decision on protest;

2. The position of the person making the decision on protest;

3. The serial number and date of the legally enforceable judgement or decision which is being protested
against;

4. The decisions of the legally enforceable judgement or decision which is being protested against;

5. The remarks and analyses of the breaches or mistakes of the legally enforceable judgement or
decision which is being protested against;

6. The legal grounds for the decision on protest;

7. The protest against the whole or part of the legally enforceable judgement or decision;

8. The name of the court with judicial review jurisdiction in respect of the case;

9. The request of the person lodging the protest.

Article 334 Time-limits for lodging a protest based on judicial review procedures

1. Persons who have the power to protest on the basis of judicial review procedures have right to lodge
a protest within three years from the date on which the judgement or decision of a court is legally
enforceable, except for the case prescribed in clause 2 below.

2. Where the time-limit for lodging a protest stipulated in clause 1 above has expired, but there are the
following conditions, the time-limit for lodging a protest is extended for two years from the date of
expiration of such time-limit:

(a) The concerned party has made an application in accordance with article 328.1 of this Code
and continues to make an application after expiry of the time-limit for lodging a protest
stipulated in clause 1 above;

(b) The legally enforceable judgement or decision of the Court breaches the law as prescribed in
article 326.1 of this Code or seriously infringes the rights and lawful interests of a concerned
party or a third party or the interests of a community or the interests of the State and must be
protested against in order to remedy the mistakes in such judgement or decision.

Article 335 Change or addition or withdrawal of a protest based on judicial review procedures

1. A person who has lodged a protest based on judicial review procedures has the right to make any
change in or addition to the protest if the time-limit for lodging a protest stipulated in article 334 of this
Code has not yet been expired. The change or addition shall be made by a decision. The decision
on change of or addition to the protest must be sent in accordance with article 336 of this Code.

2. A person who has lodged a protest has the right to withdraw the whole or part of it before
commencement of a hearing or at the judicial review hearing. The withdrawal of a protest must be
made by a decision.

3. Upon receipt of the decision withdrawing the whole of a protest, the Court with judicial review
jurisdiction shall issue a decision staying the judicial review hearing.

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Article 336 Sending a decision on protest based on judicial review procedures

1. The decision on protest based on judicial review procedures must be immediately filed with the Court
which has made the legally enforceable judgment or decision which is being protested against, [and
sent to] the parties concerned, the competent agency for enforcement of civil judgements and other
persons with rights and obligations relating to the contents of the protest.

2. Where the Chief Justice of the Supreme People's Court or the Chief Justice of a superior court
makes a protest, the decision on protest together with the case file must be immediately forwarded to
the procuracy of the same jurisdiction. The procuracy shall study the case file within a period of
fifteen (15) days from the date of receipt of the case file; upon expiry of such period, the procuracy
shall deliver the case file to the Court with judicial review jurisdiction.

3. Where the Chief Prosecutor of the Supreme People's Procuracy or the chief prosecutor of a superior
procuracy lodges the protest, the decision on protest must be immediately forwarded to the Court
with judicial review jurisdiction.

Article 337 Jurisdiction for judicial review

1. The Judges' Committee of a superior Court shall conduct judicial review hearings within the scope of
its jurisdiction by territories for protests which involve legally enforceable judgments or decisions of
provincial Courts or district Courts which are being protested against as follows:

(a) The Judges' Committee of a superior People's Court shall conduct judicial review hearings by
a Council of Adjudicators consisting of three judges in respect of the legally enforceable
judgments or decisions of the provincial Courts or district Courts being protested against in
accordance with judicial review procedures;

(b) The whole of the Judges' Committee of the superior People's Court shall conduct judicial
review hearings in respect of legally enforceable judgements or decisions of the Courts
prescribed in sub-clause (a) above which have a complex nature or judgements or decisions
for which the Judges' Committee of a superior People's Court already conducted a judicial
review hearing by a Council of Adjudicators consisting of three judges but failed to reach an
agreement upon voting to pass a decision resolving the case.

2. The Judicial Council of the Supreme People's Court shall conduct judicial review hearings for legally
enforceable judgements or decisions of the superior Courts which are being protested against as
follows:

(a) The Judicial Council of the Supreme People's Court shall conduct judicial review hearings by a
Council of Adjudicators consisting of five judges in respect of legally enforceable judgements
or decisions of the superior people's courts which are being protested against in accordance
with judicial review procedures;

(b) The whole of the Judicial Council of the Supreme People's Court shall conduct judicial review
hearings in respect of legally enforceable judgements or decisions prescribed in sub-clause (a)
above which have a complex nature or judgements or decisions for which the Judicial Council
of the Supreme People's Court already conducted a judicial review hearing by a Council of
Adjudicators consisting of five judges but failed to reach an agreement upon voting to pass a
decision resolving the case.

3. Cases with a complex nature prescribed in clauses 2(b) and 2(b) above means cases falling under
one of the following cases:

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 (a) The provisions of the law on matters to be resolved in the case are unclear or have not been
guided for uniform application;

(b) There are different opinions about the evaluation of evidence or application of law;

(c) The resolution of the case relates to the public interest, the interest of the State, protection of
the human rights or the citizens' rights in which public opinion of society is specially interested.

4. The Chief Justice of the superior People's Court shall consider and made a decision conducting a
judicial review hearing in the cases prescribed in clause 1 above. The Chief Justice of the Supreme
People's Court shall consider and made a decision conducting a judicial review hearing in the cases
prescribed in clause 2 above.

5. Where legally enforceable judgements or decisions involving the same civil case fall under the
judicial review jurisdiction of a superior People's Court or the Supreme People's Court, the Supreme
People's Court shall conduct the judicial review hearing for the whole of the case.

Article 338 Participants in judicial review hearings

1. The procuracy of the same jurisdiction must take part in the judicial review hearings.

2. Where the Court considers it necessary, the Court shall summons the concerned parties, their legal
representatives, persons protecting the lawful rights and interests of the concerned parties or other
persons participating in proceedings and relating to the protest to take part in the judicial review
hearing; and if they are absent, the Council of Adjudicators for the judicial review still conducts the
hearing.

Article 339 Time-limit for conducting judicial review hearings

Within a period of four months from the date of receipt of a protest accompanied by the case file, the Court
with judicial review jurisdiction must conduct a hearing of the case in accordance with judicial review
procedures.

Article 340 Preparation for judicial review hearings

The chief justice shall assign a judge to prepare a presentation on the case to be presented at the hearing.
The presentation shall summarize the contents of the case and judgements or decisions of courts at all
levels and the contents of the protest. The presentation must be sent to members of the Council of
Adjudicators for a judicial review no later than seven days before the date on which the judicial review
hearing is conducted.

Article 341 Hearing proceedings of judicial review hearings

1. After the presiding judge opens the hearing, a member of the Council of Adjudicators for a judicial
review shall present a summary of the contents of the case, the process of hearing, the decisions in
the legally enforceable judgement or decision of a court which is being protested against, grounds
and remarks in the protest and the requests of the person lodging the protest. If the procuracy lodged
the protest, the representative of the procuracy shall present the contents of the protest.

2. The concerned parties, their legal representatives, persons protecting the lawful rights and interests
of the concerned parties or other persons participating in proceedings who are summonsed by the
Court to the judicial review hearing shall present their view on the issues at the request of the Council

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 of Adjudicators for a judicial review. If they are absent but have given their written opinions, the
Council of Adjudicators for a judicial review shall make public such opinions.

3. The representative of the procuracy shall present its opinion on the decision on protest and about the
resolution of the case.

Immediately upon completion of the hearing, the representative of the procuracy must forward its
written opinion to the Court for archiving same in the case file.

4. The members of the Council of Adjudicators for a judicial review shall confer and present their
opinion. The Council of Adjudicators for a judicial review shall deliberate a judgment and vote on a
form of resolution and make public the contents of the decision resolving the case at the hearing. The
deliberation on a judgement shall be conducted on the principles prescribed in article 264 of this
Code.

5. If the Judges' Committee of the superior People's Court conducts hearings in accordance with article
337.1(a) of this Code, the decision of the Council of Adjudicators shall require a positive vote by
[approval from] all the members of the Council.

If a hearing is conducted in accordance with article 337.1(b) of this Code, the hearing conducted by
the whole of the Judges' Committee of the superior People's Court shall require the participation of at
least two thirds (2/3) of the total of members; and the decision of the Judges' Committee shall require
a positive vote by a majority of the members.

6. If the Judicial Council of the Supreme People's Court conducts hearings in accordance with article
337.2(a) of this Code, the decision of the Council of Adjudicators shall require a positive vote by all
the members of the Council.

If a hearing is conducted in accordance with article 337.2(b) of this Code, the hearing conducted by
the whole of the Judicial Council of the Supreme People's Court shall require the participation of at
least two thirds (2/3) of the total of members; and the decision of the Judicial Council shall require a
positive vote by a majority of the members.

Article 342 Scope of judicial review

1. The Council of Adjudicators for a judicial review only considers matter relating to that part of the
legally enforceable judgement or decision which is being protested against or is relevant to
consideration of the protest.

2. The Council of Adjudicators for a judicial review is entitled to consider matters relating to that part of
the legally enforceable judgement or decision which is not being protested against or is unrelated to
consideration of the protest if such part of the decision infringes the public interest, interest of the
State or interests of a third person who is not a party to the case.

Article 343 The power of the Council of Adjudicators for a judicial review

The Council of Adjudicators for a judicial review shall have the power to:

1. Disapprove the protest and uphold the legally enforceable judgment or decision of the Court;

2. Set aside the legally enforceable judgement or decision of the Court and uphold the lawful judgement
or decision of the lower court which was cancelled or varied;

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3. Set aside part or the whole of the legally enforceable judgment or decision of the Court for the
purpose of conducting a new trial in accordance with the proceedings for first instance hearings or
the appeal proceedings;

4. Set aside the legally enforceable judgment or decision and stay the proceeding;

5. Vary part or the whole of the legally enforceable judgement or decision of the Court.

Article 344 Upholding the lawful judgement or decision of the lower court which has been cancelled or
varied

The Council of Adjudicators for a judicial review shall make a decision to set aside a legally enforceable
judgement or decision which has been protested against and to uphold the judgement or decision of the
lower Court which lawfully conducted the hearing but has been cancelled or varied in part or in whole by the
legally enforceable judgement or decision which is being protested against.

If the judgement or decision of the Court has been enforced in part or in whole, the Council of Adjudicators
for a judicial review must resolve the consequences of such legal enforcement.

Article 345 Setting aside part or the whole of the legally enforceable judgment or decision of the Court for
the purpose of conducting a new trial in accordance with procedures for first instance hearings
or the appeal procedures

The Council of Adjudicators for a judicial review shall make a decision to set aside part or the whole of a
legally enforceable judgement or decision of the Court for the purpose of conducting a new trial in
accordance with procedures for first instance hearings or the appeal procedures in the following
circumstances:

1. The substantiation and gathering of evidence has not yet been conducted fully or has not yet been
conducted in accordance with the provisions of Chapter VII of this Code;

2. The finding of the court stated in the judgment or decision is inconsistent with the objective nature of
the matter or there are serious incorrect applications of the law;

3. The composition of the Council of Adjudicators with first instance or appeal jurisdiction was not in
accordance with the provisions of this Code or there were serious breaches of litigation procedures
which affected the lawful rights and interests of a concerned party.

Article 346 Setting aside a legally enforceable judgment or decision and staying proceedings

The Council of Adjudicators for a judicial review shall make a decision setting aside a legally enforceable
judgement or decision and staying the case if it is one of the cases stipulated in article 217 of this Code.

If the judgement or decision of the Court has been enforced in part or in whole, the Council of Adjudicators
for a judicial review must resolve the consequences of such legal enforcement.

Article 347 Varying a part or the whole of a legally enforceable judgement or decision of the Court

1. The Council of Adjudicators for a judicial review shall make a decision varying part or the whole of a
legally enforceable judgement or decision of the Court upon satisfaction of all of the following
conditions:

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 (a) The data and evidence in the case file was complete and clear; and there are sufficient
grounds for clarifying the details of the case;

(b) The amendment of the judgement or decision which is being protested against does not affect
the rights or obligations of other agencies, organizations or individuals.

2. If the judgement or decision of the Court has been enforced in part or in whole, the Council of
Adjudicators for a judicial review must resolve the consequences of such legal enforcement.

Article 348 Judicial review decisions

1. The Council of Adjudicators for a judicial review shall make a decision on behalf of the Socialist
Republic of Vietnam.

2. A judicial review decision shall contain the following contents:

(a) Date and location of the judicial review hearing;

(b) Full names of members of the Council of Adjudicators for a judicial review. Where such
Council is the Judges' Committee of a superior Court or the Judicial Council of the Supreme
People's Court, the full name and position of the presiding judge and the number of members
taking part in the hearing shall be specified;

(c) The full names of the court clerk and prosecutor taking part in the judicial review hearing;

(d) The name of the case for which the Council of Adjudicators conducts a judicial review hearing;

(dd) The names and addresses of the parties to the case;

(e) The summary of the contents of the case, decisions in the legally enforceable judgement or
decision which is being protested against;

(g) The decision on protest and reasons therefor;

(h) The remarks of the Council of Adjudicators for a judicial review analysing the position on how
the matter could be resolved and grounds for approval or disapproval of the protest;

(i) The sub-clauses, clauses and articles of the Code on Civil Proceedings and other legal
instruments which the Court uses as the grounds for making its decision;

(k) The decision of the Council of Adjudicators for a judicial review.

3. The decision of the Council of Adjudicators for a judicial review of the Judicial Council of the Supreme
People's Court must contain argument in order to clarify the provisions of the law which were
interpreted in different ways; analyse and clarify the issues or legal events and point out the cause,
policy for dealing with [the case] and legal norms (if any) which require to apply.

Article 349 Effectiveness of judicial review decisions

A judicial review decision shall be legally enforceable as of the date on which the Council of Adjudicators for
a judicial review makes it.

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Article 350 Sending a judicial review decision

1. Within five working days from the date of the decision, the Council of Adjudicators for a judicial review
must send its judicial review decision to the following agencies, organizations and individuals:

(a) The concerned parties and other persons with related rights and obligations under the judicial
review decision;

(b) The Court which made the legally enforceable judgement or decision which is being protested
against;

(c) The Procuracy of the same jurisdiction and the competent agency for civil judgement
enforcement.

2. The Court with judicial review jurisdiction shall announce judicial review decisions on the portal (if
any) of the Court, except for decisions containing information prescribed in article 109.2 of this Code.

CHAPTER XXI

Proceedings for a New Trial

Article 351 Nature of a new trial

A new trial is the review of a legally enforceable judgement or decision of a court which is being protested
against because there is fresh evidence which may basically change the contents of the judgement or
decision of a court and which was previously unknown to the parties or the Court when the Court made
such judgement or decision.

Article 352 Grounds for protest on the basis of new trial procedures

The grounds for protesting against a legally enforceable judgment or decision of a court on the basis of new
trial procedures are as follows:

1. There is fresh evidence which has a bearing on the outcome of the case and which was previously
unknown to the parties at the first trial;

2. There is conclusive evidence which shows that the opinion of the expert or the interpretation of the
interpreter is untruthful, or that an exhibit used in the trial was forged;

3. It can be shown that the judge, jury, or prosecutor deliberately tampered with the case file or made an
unlawful conclusion;

4. A criminal, administrative, civil, marriage and family, business, commercial or labour judgment or
decision of a court, or a decision of a State agency which was used as a basis for the findings of the
Court has been aside or repealed.

Article 353 Notice and verification of fresh evidence

1. Concerned parties or other agencies, organizations or individuals have the right to discover fresh
evidence of a case and notify it in writing to the persons who have the power to protest as stipulated
in article 354 of this Code.

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2. In the case of discovery of fresh evidence in a case, the procuracy or Court shall notify it in writing to
the persons who have the power to protest as stipulated in article 354 of this Code.

Article 354 Persons who have the power to protest on the basis of new trial procedures

1. The Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's
Procuracy have the power to protest against legally enforceable judgments or decisions of superior
People's Court; and legally enforceable judgements or decisions of other courts when it considers it
necessary, except for the judicial review decisions of the Judicial Council of the Supreme People's
Court.

2. The Chief Justice of a superior Court or the chief prosecutor of a superior Procuracy has the power to
protest against legally enforceable judgments or decisions of provincial or district Courts in
accordance with new trial procedures depending on the scope of his or her authority by territories.

3. A person who has lodged a protest against a legally enforceable judgement or decision has the right
to decide to temporarily stay enforcement of such judgement or decision up until a new trial decision
is made.

Article 355 Time-limits for lodging a protest based on new trial procedures

The time-limit for lodging a protest based on new trial procedures is one year from the date on which the
person who has the power to protest knows the ground for lodging a protest based on the new trial
procedures stipulated in article 352 of this Code.

Article 356 The power of the Council of Adjudicators for a new trial

The Council of Adjudicators for a new trial has the power to:

1. Disapprove the protest and uphold the legally enforceable judgment or decision;

2. Set aside the legally enforceable judgment or decision for the purpose of conducting a new trial on
the basis of original jurisdiction in accordance with the procedures stipulated by this Code;

3. Set aside the legally enforceable judgment or decision and suspend the proceeding.

Article 357 Application of provisions on new trial procedures

Other provisions on new trial procedures shall be applied the same as the provisions on procedure for a
judicial review in this Code.

CHAPTER XXII

Special Procedure for Reconsideration of Decisions of the Judicial Council of the Supreme People's
Court

Article 358 Request, petition or submission for reconsideration of decisions of the Judicial Council of the
Supreme People's Court

1. If there is any ground to determine that a decision of the Judicial Council of the Supreme People's
Court seriously breaches the law or upon discovery of fresh important evidence which may basically
change the contents of such decision and which was previously unknown to the Judicial Council of

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 the Supreme People's Court or the parties when [the Judicial Council of the Supreme People's Court]
issued such decision, and if there is a request of the Standing Committee of the National Assembly,
petition of the Justice Committee of the National Assembly or of the Chief Prosecutor of the Supreme
People's Procuracy or submission of the Chief Justice of the Supreme People's Court, then the
Judicial Council of the Supreme People's Court shall reconsider such decision.

2. If there is a request from the Standing Committee of the National Assembly, then the Chief Justice of
the Supreme People's Court is responsible to report same to the Judicial Council of the Supreme
People's Court for reconsideration of its decision.

3. If there is a petition from the Justice Committee of the National Assembly or from the Chief
Prosecutor of the Supreme People's Procuracy, or if the Chief Justice of the Supreme People's Court
discovers a breach or fresh evidence, then the Chief Justice of the Supreme People's Court is
responsible to report same to the Judicial Council of the Supreme People's Court for consideration of
such petition or submission.

4. Meetings of the Judicial Council of the Supreme People's Court to consider a petition or submission
prescribed in clause 3 above shall require the participation of the Chief Prosecutor of the Supreme
People's Procuracy.

Article 359 Procedure for reconsideration of decisions of the Judicial Council of the Supreme People's
Court

1. After receipt of a request from the Standing Committee of the National Assembly or a petition from
the Justice Committee of the National Assembly, or after the Chief Justice of the Supreme People's
Court makes a written submission for reconsideration of a decision of the Judicial Council of the
Supreme People's Court in accordance with clauses 2 and 3 of article 358 of this Code, the Supreme
People's Court shall forward a copy of such written request, petition or submission accompanied by
the case file to the Supreme People's Procuracy in order for such Procuracy to study and prepare its
view to be presented at the meeting to consider such request, petition or submission. The Supreme
People's Procuracy shall, within fifteen (15) days from the date of receipt of the case file, return the
case file to the Supreme People's Court.

2. Within a time-limit of one month from the date of receipt of a petition from the Justice Committee of
the National Assembly or the Chief Prosecutor of the Supreme People's Procuracy, or from the date
on which the Chief Justice of the Supreme People's Court makes a written submission, the Judicial
Council of the Supreme People's Court must hold a meeting to consider such petition or submission.

The Supreme People's Court shall notify in writing the Chief Prosecutor of the Supreme People's
Procuracy of the time of the meeting to consider the petition or submission.

A representative(s) of the Justice Committee of the National Assembly shall be invited to attend the
meeting of the Judicial Council of the Supreme People's Court to consider the petition of the Justice
Committee of the National Assembly.

3. The Judicial Council of the Supreme People's Court shall consider a petition or submission in
accordance with the following sequence:

(a) The Chief Justice of the Supreme People's Court shall himself or herself present or shall
appoint a member of the Judicial Council of the Supreme People's Court to present a summary
of the contents of the case and resolution of the case;

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 (b) The representative of the Justice Committee of the National Assembly, the Chief Prosecutor of
of the Supreme People's Procuracy or the Chief Justice of the Supreme People's Court who
makes the petition or submission for reconsideration of a decision of the Judicial Council of the
Supreme People's Court shall present the contents of the petition or submission; grounds of
the petition or submission; and analyse and evaluate the details of the case, old evidence and
additional fresh evidence (if any) in order to clarify the serious breach of the law in the decision
of the Judicial Council of the Supreme People's Court or fresh important evidence which may
basically change the contents of the decision of the Judicial Council of the Supreme People's
Court;

(c) In the case of consideration of a petition from the Justice Committee of the National Assembly
or a submission from the Chief Justice of the Supreme People's Court, the Chief Prosecutor of
the Supreme People's Procuracy shall present his or her view and reasons for agreement or
disagreement with such petition or submission.

The view presented by the Chief Prosecutor of the Supreme People's Procuracy shall be in
writing and signed by such Chief Prosecutor and shall be forwarded to the Supreme People's
Court within five working days from the date of completion of the meeting;

(d) The Judicial Council of the Supreme People's Court shall discuss and vote on a majority basis
on agreement or disagreement with the petition or proposal for reconsideration of the decision
of the Judicial Council of the Supreme People's Court;

(dd) In the case of agreement with the petition from the Justice Committee of the National
Assembly or the Chief Prosecutor of the Supreme People's Procuracy or with the submission
of the Chief Justice of the Supreme People's Court, the Judicial Council of the Supreme
People's Court shall make a decision holding a meeting to reconsider the decision of the
Judicial Council of the Supreme People's Court and at the same time, assign the Chief Justice
of the Supreme People's Court to arrange study of the file and report to the Judicial Council of
the Supreme People's Court for its consideration and decision at the meeting to reconsider the
decision of the Judicial Council of the Supreme People's Court.

In the case of disagreement with the petition or submission, the Judicial Council of the
Supreme People's Court must notify in writing the individual or agency which made the petition
or submission of the reason therefor;

(e) All events that occur in the meeting to consider the petition or submission and the decisions
passed in the meeting shall be recorded in the minutes of meeting to be archived in the petition
or submission consideration file.

(g) Within a time-limit of five working days from the date of completion of the meeting to consider
the petition or submission for reconsideration of a decision of the Judicial Council of the
Supreme People's Court, the Judicial Council of the Supreme People's Court shall notify in
writing the Chief Prosecutor of the Supreme People's Procuracy or the Justice Committee of
the National Assembly of whether or not the Judicial Council of the Supreme People's Court
agrees with the petition or submission for reconsideration of the decision of the Judicial
Council of the Supreme People's Court.

4. Upon request by the Standing Committee of the National Assembly or when there is a decision of the
Judicial Council of the Supreme People's Court holding a meeting to reconsider a decision of the
Judicial Council of the Supreme People's Court as prescribed in clause 3(dd) above, the Chief
Justice of the Supreme People's Court shall arrange study of the case file, and verification and
collection of data and evidence where necessary.

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 The study of the case file, verification and collection of data and evidence must clarify whether or not
there was a serious breach of the law or fresh important evidence which could basically change the
contents of the decision of the Judicial Council of the Supreme People's Court.

5. Within a time-limit of four months from the date of receipt of the request from the Standing Committee
of the National Assembly prescribed in article 358.2 of this Code or from the date of the decision of
the Judicial Council of the Supreme People's Court prescribed in clause 3(dd) above, the Judicial
Council of the Supreme People's Court must hold a meeting with the participation of all the judges of
the Supreme People's Court in order to reconsider the decision of the Judicial Council of the
Supreme People's Court.

The Supreme People's Court shall notify in writing the Supreme People's Procuracy of the time of the
meeting to reconsider the decision of the Judicial Council of the Supreme People's Court
accompanied by the case file. The Supreme People's Procuracy shall, within fifteen (15) days from
the date of receipt of the case file, return the case file to the Supreme People's Court.

The meeting of the Judicial Council of the Supreme People's Court shall require the participation of
the Chief Prosecutor of the Supreme People's Procuracy. Where necessary, the Supreme People's
Procuracy may invite concerned agencies, organizations or individuals to attend the meeting.

6. The Chief Prosecutor of the Supreme People's Procuracy must attend the meeting to reconsider the
decision of the Judicial Council of the Supreme People's Court and present his or her view on
whether there was a serious breach of the law or fresh important evidence which could basically
change the contents of the decision of the Judicial Council of the Supreme People's Court and
explain his or her position on how the matter could be resolved.

The view presented by the Chief Prosecutor of the Supreme People's Procuracy shall be in writing
and signed by the Chief Prosecutor of the Supreme People's Procuracy and shall be forwarded to the
Supreme People's Court within five working days from the date of completion of the meeting.

7. Within a time-limit of one month from the date on which the Judicial Council of the Supreme People's
Court issues a decision prescribed in article 360.1 of this Code, the Supreme People's Procuracy
shall forward such decision to the Standing Committee of the National Assembly, the Justice
Committee of the National Assembly, the Supreme People's Procuracy, the people's court which
resolved the case and the concerned parties.

Article 360 Power to reconsider decisions of the Judicial Council of the Supreme People's Court

1. After listening to the report of the Chief Justice of the Supreme People's Court and the views of the
Chief Prosecutor of the Supreme People's Procuracy and of the concerned agencies, organizations
or individuals (if any) who are invited to attend [the meeting] and where the decision of the Judicial
Council of the Supreme People's Court is considered to contain a serious breach of the law or there
is fresh important evidence which could basically change the contents of the decision of the Judicial
Council of the Supreme People's Court; or if the legally enforceable judgement or decision of the
lower court contained a serious breach of law or there is a fresh important evidence which could
basically change the contents of such judgement or decision, then depending on each case, the
Judicial Council of the Supreme People's Court shall make a decision as follows:

(a) To set aside the decision of the Judicial Council of the Supreme People's Court, or the legally
enforceable judgement or decision and the decisions on the contents of the case;

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 (b) To set aside the decision of the Judicial Council of the Supreme People's Court, or the legally
enforceable judgement or decision and determine the responsibility of the Supreme People's
Court to pay compensation for loss damage if the decision seriously breaching the law is set
aside due to intentional or unintentional fault and caused loss and damage to a concerned
party or to determine the responsibility for indemnification for the value of assets in accordance
with law;

(c) To set aside the decision of the Judicial Council of the Supreme People's Court, or the legally
enforceable judgement or decision in order to transfer the case file to the lower court for
resolution in accordance with the law.

2. The decision of the Judicial Council of the Supreme People's Court requires a positive vote of at least
three-quarters of the total number of members of the Judicial Council of the Supreme People's Court.

PART VI

Resolution Procedures for Civil Matters

CHAPTER XXIII

General Provisions on Resolution Procedures for Civil Matters

Article 361 Scope of application

A civil matter means an issue over which an agency, organization or individual [entity] 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 it has civil, marriage and family,
business, commercial or labour rights.

The provisions of this Part apply to the resolution of the civil matters stipulated in clauses 1, 2, 3, 4, 6, 7, 8,
9 and 10 of article 27 and clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of article 29, clauses 1, 2, 3 and 6 of
article 31 and clauses 1, 2 and 5 of article 33 of this Code. If this Part does not contain [the relevant]
provisions, other provisions of this Code shall apply to resolution of civil matters.

Article 362 Application to petition a Court to resolve a civil matter

1. A person petitioning a Court to resolve a civil matter must lodge an application with the Court with the
appropriate jurisdiction as stipulated in Section 2 of Chapter III of this Code.

If an executor petitions the Court to resolve a civil matter in accordance with the Law on Civil
Judgement Enforcement, he or she has the rights and obligations as an applicant for resolution of a
civil matter prescribed in this Code.

2. An application must contain the following main items:

(a) The date of the application;

(b) The name of the Court with jurisdiction to resolve the civil matter;

(c) The name and address; telephone number, facsimile and email address (if any) of the
applicant;

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 (d) Specific issues which the Court is petitioned to resolve and reasons, purposes and grounds for
requesting the Court to resolve such civil matter;

(dd) The names and addresses of persons related to the resolution of such civil matter (if any);

(e) Other information which the applicant considers necessary for resolution of his or her claim;

(g) An applicant who is an individual must sign or make his or her fingerprint [at the end of the
application]; if [the applicant] is an agency or organization, the legal representative of such
agency or organization must sign and affix its seal at the end of the application; if the applicant
is an enterprise, its seal shall be used in accordance with the Law on Enterprises.

3. The applicant shall enclose with the application data and evidence to substantiate that its claim is
well grounded and lawful.

Article 363 Procedures for receipt and dealing with applications

1. The procedures for receipt of applications are carried out in accordance with article 191.1 of this
Code.

The chief justice of the Court shall, within three working days from the date of receipt of the
application and enclosed data and evidence, assign a judge to resolve the application.

2. Where the application does not contain all items stipulated in article 362.2 of this Code, the judge
shall request the applicant to make amendments and additions within a time-limit of seven days from
the date of receipt of the request. The procedures for amendments and additions to the application
shall be carried out in accordance with article 193.1 of this Code.

3. Where the applicant has fully performed the request for amendments and additions, the judge shall
carry out the procedures to accept jurisdiction over the civil matter.

If the applicant fails to make amendments and additions to the application within the time-limit
prescribed in clause 2 above, the judge shall return the application and enclosed data and evidence
to the applicant.

4. Where it considers that the application and enclosed data and evidence have satisfied all conditions
to accept jurisdiction, the judge shall act as follows:

(a) Notify the applicant that he or she has to pay a fee for resolution of the civil matter within a
time-limit of five working days from the date of receipt of the notice of payment, unless such
applicant is exempt or is not required to pay a fee in accordance with the law on charges and
fees;

(b) The Court shall accept the application when the applicant lodges a receipt for payment of the
fee for resolution of the civil matter with the Court;

(c) If the applicant is exempt or is not required to pay a fee, the judge shall accept the civil matter
on the date of receipt of the application.

Article 364 Return of applications

1. The Court shall return an application in one of the following circumstances:

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 (a) The applicant does not have the right to petition or does not have full capacity for acts in civil
proceedings;

(b) The matter for which the applicant makes the application has been resolved by a Court or
competent State agency;

(c) The civil matter does not fall under the jurisdiction of the Court;

(d) The applicant failed to make amendments and additions to the application within the time-limit
prescribed in article 363.2 of this Code;

(dd) The applicant failed to pay a fee within the time-limit prescribed article 363.4(a) of this Code,
unless he or she is exempt or is not required to pay a fee or makes a late payment due to an
event of force majeure or objective hindrance;

(e) The applicant withdraws the application;

(g) Other circumstances stipulated by law.

2. Upon return of the application and attached data and evidence, the Court shall notify in writing [the
applicant] of the reason therefor.

3. Complaints and resolution of complaints regarding the return of an application shall be implemented
in accordance with article 194 of this Code.

Article 365 Notification of acceptance of applications

1. Within a time-limit of three working days from the date of acceptance of an application, 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.

2. The written notification must contain the following main contents:

(a) Date of the written notification;

(b) The name and address of the Court accepting the application;

(c) The name and address of the applicant;

(d) Specific matters which the applicant has petitioned the Court to resolve;

(dd) List of data and evidence which the applicant enclosed with the application;

(e) The time-limit for persons with related rights and obligations to lodge their opinion in writing
against the claim of the applicant and attached data or evidence (if any), with the Court.

(g) Legal effect on the case where a person with related rights and obligations fails to lodge his or
her opinion in writing against the claim with the Court.

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Article 366 Preparation for consideration of applications

1. The period of preparation for consideration of an application is one month from the date on which the
Court accepts the application, unless otherwise stipulated by this Code.

2. During the period of preparation for consideration of the application, the Court shall carry out the
following tasks:

(a) Where it is deemed that the data and evidence do not constitute sufficient grounds for
resolution by the Court, the Court shall request the concerned party to adduce additional data
and evidence within a period of five working days from the date of receipt of the request from
the Court;

(b) The judge, as petitioned by a concerned party or where necessary, shall issue a decision
requesting an agency, organization or individual [entity] to provide data or evidence; or
summonsing a witness, or seeking the opinion of an expert or valuation of assets. If the
results of examination or valuation of assets are unavailable within the period of preparation for
consideration of the application, such period may be extended but [such extension] not to
exceed one month;

(c) [The Court] shall make a decision staying consideration of the application and returning the
application and enclosed data and evidence if the applicant withdraws the application;

(d) [The Court] shall make a decision holding a meeting to resolve the civil matter.

3. the Court must immediately send this decision and the civil matter file to the procuracy of the same
jurisdiction for study. The procuracy must study it within a period of seven (7) days from the date of
receipt of the file; upon expiry of such period, the procuracy must return the file to the Court for
holding a meeting to resolve the civil matter.

4. Within a time-limit of fifteen (15) days from the date of the decision holding a meeting, the Court must
hold a meeting to resolve the civil matter.

Article 367 Participants at the meeting to resolve a civil matter

1. A prosecutor of the procuracy of the same jurisdiction shall take part in the meeting; but if the
prosecutor is absent, the Court shall still conduct the meeting.

2. The applicant or his or her legal representative and the person protecting his or her lawful rights and
interests must participate at the meeting upon being summonsed by the Court.

Where the applicant is absent for the first time, the meeting shall be adjourned by the Court, unless
the applicant petitions the Court to resolve the civil matter in his or her absence, the Court shall
resolve the civil matter in his or her absence. An applicant who is absent after being properly
summonsed twice shall be deemed to have abandoned his or her petition and the Court shall issue a
decision staying resolution of the civil affair; in this case, the right to petition a Court to resolve such
civil matter in accordance with the procedures provided by this Code still is ensured.

3. Persons with related rights and obligations or their legal representatives and persons protecting their
rights and interests shall be summonsed 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; if
any of them is absent, the Court shall decide either to adjourn or to proceed to hold the meeting.

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Article 368 Decision to replace persons conducting proceedings upon resolution of a civil matter

1. Before holding a meeting, the replacement of a judge or meeting clerk shall be decided by the chief
justice of the Court which is resolving such civil matter; and if the judge to be replaced is the chief
justice of such Court, the chief justice of the Court at a higher level shall decide on the replacement.

2. During a meeting for resolving a civil matter, the replacement of a judge or meeting clerk shall be
carried out as follows:

(a) If the civil matter is resolved by a single judge, the replacement of a judge or meeting clerk
shall be decided by the chief justice of the Court which is resolving such civil matter; and if the
judge to be replaced is the chief justice of such Court, the chief justice of the Court at a higher
level shall decide on the replacement;

(b) If the civil matter is resolved by a resolution council for civil matters consisting of three judges,
the replacement of a council member or meeting clerk shall be decided by such council.

3. Before holding a meeting, the replacement of a prosecutor shall be decided by the chief prosecutor of
the procurary of the same jurisdiction.

During the meeting, the replacement of a prosecutor shall be decided by the judge or the resolution
council for civil matters. If the replacement of a prosecutor is required, the judge or the resolution
council for civil matters shall issue a decision to adjourn the meeting and notify same to the
procuracy.

The chief prosecutor of the procuracy of the same jurisdiction shall decide on appointment of a
prosecutor to replace the prosecutor who is replaced. If the prosecutor to be replaced is the chief
prosecutor of the procuracy, the chief prosecutor of the procuracy at a higher level shall make the
decision.

Article 369 Procedures for holding of meetings to resolve a civil matter

1. A meeting to resolve a civil matter shall be held in the following order:

(a) The court clerk shall report the presence and absence of the persons participating in the
meeting to the judge or the resolution council for civil matters;

(b) The presiding judge of the meeting shall open the meeting and check the presence and
absence of the persons summonsed to participate in the meeting and their identify cards and
explain the rights and obligations of the persons participating in the meeting;

(c) The person protecting the lawful rights and interests of the applicant, the applicant or his or her
legal representative shall present specific issues which the Court is petitioned to resolve,
reasons therefor, and the purposes and grounds for petitioning the Court to resolve such civil
matter;

(d) The persons protecting the lawful rights and interests of persons with related rights and
obligations or their legal representative shall present their view on issues relating to the rights
or obligations of the persons with related rights and obligations in resolution of the civil matter;

(dd) The witnesses shall present their views; the expert shall present the result of examination and
explain unclear or disputable issues (if any);

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 (e) The judge or the resolution council for civil matters shall examine the data and evidence;

(g) The prosecutor shall present the view of the Procuracy on how the civil matter should be
resolved and forward such written view to the Court for archiving in the civil matter file
immediately upon completion of the meeting;

(h) The judge or the resolution council for civil matters shall consider and decide whether or not
the petition for resolution of the civil matter is accepted.

2. Where any person summonsed by the Court to participate in the meeting is absent, the judge or the
resolution council for civil matters shall publish the testimony, data or evidence provided by such
person prior to examination of the data and evidence.

Article 370 Decisions on resolution of civil matters

1. A decision on resolution of a civil matter must contain the following contents:

(a) The date of the decision;

(b) The name of the decision-making Court;

(c) The full names of the judge, prosecutor and meeting clerk;

(d) The name and address of the person lodging the petition for resolution of the civil matter;

(dd) The specific issues which the Court is petitioned to resolve;

(e) The names and addresses of persons with related rights and obligations;

(g) The remarks of the Court and grounds for acceptance or rejection of the petition;

(h) The principles of law on which the civil matter is resolved;

(i) The decisions of the Court;

(k) The fee payable.

2. The decision on resolution of the civil matter shall be forwarded to the procuracy of the same
jurisdiction, the applicant and persons with rights and obligations relating to the resolution of the civil
matter within a period of five working days from the date of issuance of the decision.

The decision on resolution of the civil matter shall be forwarded to the competent agency for legal
enforcement in accordance with Law on Civil Judgement Enforcement.

3. The legally enforceable decision on resolution of the civil matter of the Court relating to a change in
civil status of an individual must be forwarded by the Court to the people's committee where the civil
status of such individual have been registered in accordance with the Law on Civil Status.

4. The legally enforceable decision on resolution of the civil matter of the Court shall be announced on
the portal (if any) of the Court, except for decisions containing information prescribed in article 109.2
of this Code.

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Article 371 Appeals and protests against decisions on resolution of civil matters

Any applicant and persons with rights and obligations relating to the resolution of a civil matter has the right
to lodge an appeal, and the procuracy of the same jurisdiction or the procuracy of a immediately higher
jurisdiction has the right to lodge a protest against the decision resolving the civil matter by petitioning the
immediately upper Court to review same in accordance with the appeal procedure, except for decisions
resolving the civil matter as stipulated in article 27.7 and clauses 2 and 3 of article 29 of this Code.

Article 372 Time-limit for lodging an appeal or protest

1. The applicant and persons with rights or obligations relating to the resolution of the civil matter have
the right to lodge an appeal against the decision resolving the civil matter within ten (10) days from
the date on which the Court issues the decision. If any such person was absent from the meeting to
resolve the civil matter, such period shall be calculated from the date on which he or she receives the
decision resolving the civil matter or from the date on which such decision is notified or displayed.

2. The procuracy of the same jurisdiction and of a immediately higher jurisdiction have the right to lodge
a protest within a time-limit of ten (10) or fifteen (15) days respectively from the date on which the
Court issues the decision.

Article 373 Preparation for consideration of an appeal or protest

1. The period of preparation for consideration of an appeal or protest is fifteen (15) days from the date
on which the Court receives the appeal or protest.

2. During the period of preparation for consideration of an appeal or protest, the Court shall carry out
the following tasks:

(a) Where it is deemed that the data and evidence do not constitute sufficient grounds for
resolution by the Court, the Court shall request the concerned party to adduce additional data
and evidence within a period of five working days from the date of receipt of the request of the
Court;

(b) The judge, as petitioned by a concerned party or where necessary, shall issue a decision to
request an agency, organization or individual to provide data or evidence, to summons a
witness, or to seek the opinion of an expert or valuation of assets. If the results of examination
or valuation of assets are unavailable within the period prescribed in clause 1 above, such
period is extended but [the extension] shall not exceed fifteen (15) days;

(c) If the appellant withdraws the appeal or the procuracy withdraws the protest during the period
of preparation for consideration of such appeal or protest, the Court shall issue a decision
staying consideration of the application in accordance with the appeal proceedings. In this
case, the decision resolving the civil matter at first instance shall be legally enforceable from
the date on which the appeal Court issues the stay decision;

(d) [The Court] shall make a decision holding an appellate meeting to resolve the civil matter.

3. The Court shall promptly send the decision to hold an appellate meeting to resolve the civil matter
and the civil matter file to the procuracy of the same jurisdiction for study. The procuracy shall study
same within seven days from the date of receipt of the file, and upon expiry of such time-limit must
return the file to the Court to enable it to hold an appellate meeting to resolve the civil matter.

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4. Within a period of fifteen (15) days from the date of the decision holding the meeting, the judge must
hold an appellate meeting to resolve the civil matter.

Article 374 Persons participating in an appellate meeting to resolve a civil matter

1. A prosecutor of the procuracy of the same jurisdiction must take part in the appellate meeting to
resolve the civil matter; and where the prosecutor is absent, the Court shall still conduct the meeting
unless the procuracy lodged the protest.

2. The appellant or his or her legal representative and the person protecting his or her lawful rights and
interests must participate in the meeting upon being summonsed by the Court.

Where the appellant is absent for the first time with proper reasons, the appellate meeting shall be
adjourned by the Court unless the appellant petitions [the Court] to resolve [the civil matter] in his or
her absence. An appellant who is absent after being properly summonsed twice shall be deemed to
have abandoned his or her appeal and the Court shall issue a decision staying the appellate
resolution of the civil affair in respect of his or her appeal, unless he or she petitions [the Court] to
resolve same in his or her absence or due to an event of force majeure or objective hindrance.

3. Persons with related rights and obligations or their legal representatives and persons protecting their
rights and interests shall be summonsed by the Court to participate in the meeting. Where
necessary, the Court may summons any witness, expert or interpreter to take part in the meeting
and if any of them is absent, the Court shall decide whether or not the meeting is to be adjourned.

Article 375 Procedures for conducting an appellate meeting to resolve a civil matter

1. An appellate meeting for resolving a civil matter shall be conducted in accordance with the following
sequence:

(a) The meeting clerk shall report the presence and absence of the persons to participate at the
meeting;

(b) The presiding judge of the meeting shall open the meeting and check the presence and
absence of the persons summonsed to participate and their identify cards, and explain the
rights and obligations of the persons participating in the meeting;

(c) The person protecting the lawful rights and interests of the appellant, the appellant or his or her
legal representative shall present the contents of the appeal and grounds therefor;

If only the procuracy lodges a protest, the prosecutor shall present the contents of the protest
and the grounds therefor; where there are both an appeal and protest, the concerned parties
shall present first the contents of the appeal and grounds therefor, then the prosecutor shall
present contents of the protest and the grounds therefor. If the procuracy does not lodge a
protest, the prosecutor shall presents the view of the procuracy on how the protest should be
resolved before the Council of Adjudicators with appellate jurisdiction issues a decision.

Immediately upon the completion of the meeting, the prosecutor must forward his or her written
view to the Court for archiving in the civil matter file;

(d) The persons protecting the lawful rights and interests of persons with related rights and
obligations, the persons with related rights and obligations or their legal representative shall
present their view on issues relating to the rights or obligations of persons with related rights
and obligations in the contents of the appeal or protest;

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 (dd) The witnesses shall present their views; and the expert shall present the result of examination
and explain unclear or disputable issues.

2. If any person who was summonsed by the Court to participate in the meeting is absent, the judge
shall publish the testimony, data or evidence provided by such person.

3. The Council of Adjudicators with appellate jurisdiction shall consider the decision of the Court of first
instance which is being appealed or protested against, the relevant data and evidence, and then
issue one of the following decisions:

(a) Uphold the decision of the Court of first instance on resolution of the civil matter;

(b) Vary the decision of the Court of first instance on resolution of the civil matter;

(c) Set aside the decision of the Court of first instance on resolution of the civil matter and transfer
the civil matter file to the Court of first instance for resolution in accordance with the
proceedings for first instance hearings;

(d) Set aside the decision of the Court of first instance resolving the civil matter and stay resolution
of the civil matter;

(dd) Stay consideration of the application in accordance with the appellate proceedings if all the
appellants at the meeting withdraw their appeals and the procuracy withdraws its protest.

4. The decision of the appellate court resolving the civil matter shall be legally enforceable as of the
date of issuance of the decision and shall be forwarded to the agencies, organizations and
individuals prescribed in clauses 2 and 3 of article 370 of this Code.

5. Legally enforceable decisions of the appellate court resolving a civil matter shall be announced on
the portal (if any) of the Court, except for decisions containing information prescribed in article 109.2
of this Code

CHAPTER XXIV

Resolution Procedures for Petitions to Declare an Individual As Having Lost Capacity for Civil Acts,
As Having Restricted Capacity for Civil Acts or As Having Difficulty in Perceiving or
Controlling his/her Own Acts

Article 376 Right to petition to declare an individual as having lost capacity for civil acts, as having
restricted capacity for civil acts or as having difficulty in perceiving or controlling his/her own
acts

1. Any individual with related rights or interests or any relevant agency or organization has the right to
lodge a petition with the Court to declare an individual as having lost capacity for civil acts, as having
restricted capacity for civil acts or as having difficulty in perceiving or controlling his/her own acts in
accordance with the Civil Code.

2. An adult who does not have full capacity to perceive or control his or her own acts due to his or her
bodily or spiritual condition and which is not deemed as losing capacity for civil acts, has the right to
lodge a petition with the Court to declare him or her as having difficulty in perceiving or controlling his
or her own acts in accordance with the Civil Code.

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Article 377 Preparation of consideration of a petition

During the time of preparing consideration of the petition, the Court may, at the request of a petitioner, seek
the opinion of an expert on the health or sickness of the person to be declared as having restricted capacity
for civil acts or the opinion of an expert on forensic examination regarding mental illness of the individual to
be declared as losing capacity for civil acts or as having difficulty in perceiving or controlling his or her own
acts. In this case, upon receiving the opinion of the expert, the Court shall issue a decision to hold a
meeting to consider the petition.

Article 378 Decisions declaring an individual as losing capacity for civil acts, as having restricted capacity
for civil acts or having difficulty in perceiving or controlling his or her own acts

Where the petition is accepted, the Court shall issue a decision declaring the individual as losing capacity
for civil acts, having restricted capacity for civil acts or having difficulty in perceiving or controlling his or her
own acts.

The Court shall determine the legal representative of an individual with restricted capacity for civil acts and
the scope of such representation in the decision declaring such individual as having restricted capacity for
civil acts.

The Court shall appoint a guardian and determine the rights and obligations of the guardian in the decision
declaring the individual as having difficulty in perceiving or controlling his or her own acts.

Article 379 Right to petition for revocation of a decision declaring an individual as losing capacity for civil
acts, as having restricted capacity for civil acts or as having difficulty in perceiving or
controlling his or her own acts

When an individual who has been declared by the Court as losing the capacity for civil acts, having
restricted capacity for civil acts or having difficulty in perceiving or controlling his or her own acts no longer
is in the declared condition, such individual or a person with related rights or interests or a relevant agency
or organization may lodge a petition with the Court to issue a decision revoking the decision declaring a
loss of capacity for civil acts, restricted capacity for civil acts or difficulty in perceiving or controlling his or
her own acts.

Article 380 Decision of the Court in cases where a petition for revocation of a decision declaring a loss of
capacity for civil acts, restricted capacity for civil acts or difficulty in perceiving or controlling
acts is accepted

Where the petition is accepted, the Court shall issue a decision revoking the decision declaring a loss of
capacity for civil acts, restricted capacity for civil acts or difficulty in perceiving or controlling acts.

CHAPTER XXV

Resolution Procedures for Petitions for Order to Search for Persons Who Are Absent from Their
Place of Residence

Article 381 Petitions for an order to search for a person who is absent from his or her place of residence

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1. Where a person has disappeared for six (6) consecutive months or more, any person with related
rights or interests may petition a court to order a search for such person who is absent from his or her
place of residence at the same time as petitioning the Court to take measures to manage the
property of the absent person in accordance with the Civil Code.

2. The petitioner must enclose data and evidence with the petition for a court order to search for a
person who is absent from his or her place of residence in order to substantiate that such person has
disappeared for six consecutive months or more; and if the Court is petitioned to take measures to
manage the property of the absent person, data and evidence in relation to the property of such
person and the management of the current property and a list of his or her relatives are required to
be provided.

Article 382 Preparation of consideration of a petition for an order to search for a person who is absent
from his or her place of residence

During the time of preparation of consideration of the petition, the Court shall issue a decision staying
consideration of the petition for a court order to search for the person who is absent from his or her place of
residence if the person who is the object of the court order to search returns and petitions the Court to
suspend the consideration of the petition.

Article 383 Decision to order search for a person who is absent from his or her place of residence

Where the petition is accepted, the Court shall issue a decision ordering a search for the person who is
absent from his or her place of residence; if the Court is petitioned to take measures to manage the
property of such absent person and accepts such petition, the Court shall determine measures to manage
the property of such person in accordance with the Civil Code in such decision.

Article 384 Order to search for a person who is absent from his or her place of residence

An order to search for a person who is absent from his or her place of residence must contain the main
following contents:

1. The date of the order;

2. The name of the Court issuing the order;

3. The serial number and date of the decision to search for the person who is absent from his or her
place of residence;

4. The name and address of the petitioner;

5. The full name and date of birth or age of the person to be searched for and the address of his or her
place of residence before he or she disappeared;

6. The contact address of an agency, organization or individual for notification by the person who should
be searched for or any other person who has any information about the person to be searched for.

Article 385 Announcement of order to search for a person who is absent from his or her place of
residence

1. Within one month from the date on which the Court issues a decision to order a search for a person
who is absent from his or her place of residence, such order shall be published in three consecutive

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 issues of one of daily central newspapers, on the portal (if any) of the Court or the provincial people's
committee and broadcast on radio or television three times per day over three consecutive days.

2. The petitioner shall bear all expenses for publishing or broadcasting the order to search for the
person who is absent from his or her place of residence.

Article 386 Effectiveness of a decision ordering a search for a person who is absent from his or her place
of residence

A decision ordering a search for a person who is absent from his or her place of residence stipulated in
article 383 of this Code shall automatically expire when the person who is searched for returns.

CHAPTER XXVI

Resolution Procedures for Petitions for Declaration that Persons Are Missing

Article 387 Petition for declaration that a person is missing

1. Any individual with related rights or interests has the right to petition a Court to declare that a person
is missing in accordance with the Civil Code.

2. The petitioner shall enclose with the petition data and evidence to substantiate that the individual who
will be declared missing has disappeared for two consecutive years or more and there is no reliable
information on whether such person is alive or dead and also to substantiate that the petitioner has
taken all notification and search measures; and if the Court has issued a previous decision to order a
search for the person who is absent from his or her place of residence, a copy of such decision shall
be required.

Article 388 Preparation of consideration of a petition to declare that a person is missing

1. Within a time-limit of twenty (20) days from the date of acceptance of a petition to declare that a
person is missing, the Court shall issue a decision to order a search for the person who is the object
of the petition for declaration.

2. The contents of the order and announcement of the order shall be subject to the provisions of articles
384 and 385 of this Code. The period of the announcement of an order to search for a person who is
the object of the petition for declaration that such person is missing shall be four months from the first
date of publication or broadcasting of the order.

3. During the term of the order, the Court shall issue a decision staying consideration of the petition for
declaration that the person is missing if the person who is the object of the petition for declaration
returns and petitions the Court to stay consideration of the petition.

4. Within a period of ten (10) days from the expiry date of the order prescribed in clause 2 above, the
Court shall hold a meeting to consider the petition.

Article 389 Decision declaring that a person is missing

Where the petition is accepted, the Court shall issue a decision declaring that the person is missing; if the
Court is petitioned to take measures to manage the property of such missing person and accepts such
petition, the Court shall determine measures to manage the property of such person in accordance with the
Civil Code in its decision.

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Article 390 Revocation of decision declaring that a person is missing

1. An individual declared missing by the Court who then returns or an individual with related rights or
interests has the right to petition a Court to issue a decision revoking the decision declaring that such
person is missing in accordance with the Civil Code.

2. Where the petition is accepted, the Court shall issue a decision revoking the decision declaring that
the person is missing, including a decision on legal consequences of the revocation of the decision
declaring that the person is missing in accordance with the provisions of the Civil Code.

CHAPTER XXVII

Resolution Procedures for Petitions for Declaration That Persons are Dead

Article 391 Right to petition for a declaration that a person is dead

1. Any individual with related rights or interests has the right to petition a Court to declare that a person
is dead in accordance with the Civil Code.

2. The petitioner shall enclose with the petition data and evidence to substantiate that the individual to
be declared dead falls within the cases stipulated by the Civil Code.

Article 392 Preparation of consideration of a petition

1. Within twenty (20) days from the date of acceptance of a petition to declare that a person is dead, the
Court shall issue a decision to order a search for information about the person who is the object of
the petition for declaration.

2. The contents of the order, announcement of the order and period of the order shall be subject to the
provisions of articles 388.2 of this Code.

3. During the term of publication of the order, the Court shall issue a decision staying consideration of
the petition if the petitioner withdraws its petition or the person who is the object of the petition for
declaration returns and notifies the Court [of his or her return].

4. Within a period of ten (10) days from the expiry date of the period of the order, the Court shall hold a
meeting to consider the petition.

Article 393 Decisions declaring that a person is dead

Where the petition is accepted, the Court shall issue a decision declaring that the person is dead; the Court
shall determine the date of death of such person and legal consequences of the declaration that such
person is dead in accordance with the provisions of the Civil Code in such decision.

Article 394 Petition for revocation of decision declaring that a person is dead

1. Where an individual who has been declared dead returns or where there is reliable information that
such person is still alive, then, such person or a person with related rights or interests has the right to
petition a Court to issue a decision revoking the decision declaring that such person is dead.

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2. The petitioner shall enclose with the petition data and evidence to substantiate that such person who
has been declared dead has returned or to substantiate reliably that such person is still alive.

Article 395 Decision revoking a decision declaring that a person is dead

Where the petition is accepted, the Court shall issue a decision revoking the decision declaring that the
person is dead; the Court shall decide on the legal consequences of the revocation of the decision
declaring that the person is dead in accordance with the provisions of the Civil Code in such decision.

CHAPTER XXVIII

Resolution Procedures for Petitions for Recognition of Divorce by Consent, Agreements on Raising
Children and Distribution of Property Upon Divorce

Article 396 Petitions for recognition of divorce by consent, and agreements on raising children and
distributing property upon divorce

1. A wife or husband who petitions the Court to recognize divorce by consent or an agreement on
raising children and distribution of property upon divorce must lodge a petition. The petition must
contain the items prescribed in article 362.2 of this Code.

2. A wife and husband who jointly petition the Court to recognize divorce by consent or the agreement
on raising their children and distribution of property upon divorce must sign or fingerprint the petition.
In this case, the wife and husband are deemed to be joint petitioners.

3. The petitioner must enclose data and evidence with the petition to substantiate that the divorce by
consent or agreement on raising children and distribution of property upon divorce is well grounded
and lawful.

Article 397 Conciliation and recognition of divorce by consent or an agreement on raising children and
distribution of property upon divorce

1. During the period of preparation for consideration of a petition, before the conciliation is conducted in
order for the wife and husband to reunify, if necessary the Court may consult the State administrative
agency for families or the State administrative agency for children about their family circumstances,
causes of their conflict and the aspirations of the wife, husband or children relating to the case.

2. The judge must conduct conciliation in order for the wife and husband to reunify; and explain the
rights and obligations between wife and husband, between parent and children, between other
members of the family and the responsibility for support and other issues relating to marriage and
family.

3. Where the wife and husband reunify after conciliation, the judge shall issue a decision staying
resolution of their petition.

4. Where the conciliation for reunification fails, the judge shall issue a decision recognizing the divorce
by consent and the agreement of the concerned parties in accordance with article 212 upon
satisfaction of all of the following conditions:

(a) The two parties truly and voluntarily divorce;

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 (b) The two parties have agreed with each other on whether or not their joint ownership property is
distributed, and on looking after, nurturing, taking care of and educating their children;

(c) Such agreement must ensure the legitimate interests of the wife and children.

5. Where the conciliation for reunification fails and the concerned parties fail to reach an agreement on
distribution of property or on looking after, nurturing, taking care of and educating their children, the
Court shall stay resolution of the civil matter regarding recognition of divorce by consent and
agreement on raising children upon divorce and accept the case for resolution. The Court shall not
be required to notify acceptance of the case nor re-appoint a judge to resolve the case. The case
shall be resolved in accordance with the general procedures prescribed by this Code.

CHAPTER XXIX

Resolution Procedures for Petitions for Declaration That Notarized Documents Are Null and Void

Article 398 Petitions for declaration that a notarized document is null and void

1. A notary who has notarized such document, an applicant requesting notarization, a witness, a person
with related rights and obligations and any competent State agency has the right to petition the Court
to declare a notarized document to be null and void when there are grounds for believing that the
notarization was in breach of the law on notarization.

2. The petition lodged with the Court for declaration that a notarized document is null and void shall
contain the items stipulated in article 362.2 of this Code.

3. The petitioner shall enclose with the petition any data and evidence to substantiate that the petition
for declaration that the notarized document is null and void is well grounded and lawful.

Article 399 Preparation of consideration of a petition for declaration that a notarized document is null and
void

1. The period for preparation of consideration of a petition for declaration that a notarized document is
null and void is one month from the date on which the Court accepts the petition; and upon expiration
of this period, the Court shall issue a decision to hold a meeting to consider the petition.

2. After acceptance of the petition for declaration that a notarized document is null and void, the
competent Court shall promptly notify same to the notary practising organization and the notary who
notarized such document, the applicant for notarization, any person with related rights and interests,
the competent State agency and the procuracy of the same jurisdiction.

3. During the term of preparation of consideration of the petition, the Court shall issue a decision staying
consideration of the petition if the petitioner withdraws the petition.

4. Within a period of fifteen (15) days from the date of issuance of the decision to hold a meeting, the
Court shall hold a meeting to consider the petition.

Article 400 Decision to declare a notarized document to be null and void

1. The Court may accept or refuse a petition for declaration that a notarized document is null and void.

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2. Where the petition is accepted, the Court shall issue a decision declaring that the notarized
document is null and void. The Court shall decide on the legal consequences of the declaration that
the notarized document is null and void in accordance with the law.

CHAPTER XXX

Resolution Procedures for Petitions for Declaration that Labour Contracts Are Invalid; or Collective
Labour Agreements Are Invalid

Article 401 Petition for declaration that a labour contract is invalid; or a collective labour agreement is
invalid

1. Any employee, employer, organization acting as the representative of a labour collective or

competent State agency has the right to petition the competent Court to declare a labour contract or
a collective labour agreement invalid when there is any ground stipulated by the Labour Code.

2. An application of the employee, employer, or organization acting as the representative of a labour

collective or a petition of the competent State agency shall contain the items stipulated in article
362.2 of this Code.

Article 402 Consideration of petitions for declaration that a labour contract is invalid; or a collective labour
agreement is invalid

1. The period of preparation for consideration of a petition for declaration that a labour contract or
collective labour agreement is invalid is ten (10) days and fifteen (15) days respectively, from the date
on which the Court accepts the petition; and upon expiry of this period, the Court shall issue a
decision to hold a meeting to consider the petition.

2. After acceptance of the petition for declaration that a labour contract or a collective labour agreement
is invalid, the Court is responsible to forward a notice of acceptance to the petitioner, employer, the
organization acting as the representative of the labour collective and the procuracy of the same
jurisdiction.

3. During the period of preparation for consideration of the application or petition, the Court shall issue a
decision staying consideration of the application or petition if the petitioner withdraws the petition.

4. Within five working days from the date of issuance of the decision to hold a meeting, the Court shall
hold a meeting to consider the petition for declaration that a labour contract is invalid.

Within ten (10) days from the date of issuance of the decision to hold a meeting, the Court shall hold
a meeting to consider the petition for declaration that a collective labour agreement is invalid.

5. Upon consideration of the petition, the judge may accept or refuse the petition for declaration that a
labour contract or collective labour agreement is invalid.

Where the petition is accepted, the judge shall issue a decision declaring the labour contract or
collective labour agreement to be invalid. The Court shall resolve the legal consequences of the
declaration that the labour contract or collective labour agreement is invalid.

6. The decision declaring the labour contract or collective labour agreement to be invalid shall be
forwarded to the applicant or petitioner, employer, organization acting as the representative of the
labour collective and the State administrative agency for labour where the head office of the

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 enterprise is situated and the State administrative agency for labour of the same jurisdiction in cases
relating to enterprises which do not have their head office in Vietnam.

CHAPTER XXXI

Procedures for Consideration of Legality of Strikes

Article 403 Petitioning the Court to consider the legality of a strike

1. An employer or an organization acting as the representative of a labour collective has the right to
petition the Court to consider [hear] the legality of a strike during the process of the strike or within a
period of three (3) months from the termination of the strike.

2. The applicant petitioning the Court to consider the legality of a strike shall lodge an application with
the Court. An application must contain the following main items:

(a) The main items prescribed in article 362.2 of this Code;

(b) The names and addresses of the organizers and leaders of the strike;

(c) The name and address of the employer where the labour collective is or was on strike.

3. The applicant must enclose with the application a copy of the decision to strike, of the decision or
minutes regarding conciliation prepared by the agency or organization authorized to resolve
collective labour disputes, and other data and evidence relevant to a consideration of the legality of
the strike.

Article 404 Procedures for lodging an application with the Court to consider legality of a strike

The procedures for lodging and receiving applications, and the obligations to provide data and evidence for
the Court to hear and decide the legality of a strike shall be implemented as regulated in this Code.

Article 405 Jurisdiction to consider legality of a strike

1. The provincial people's court in the location where a strike occurs [or occurred] has jurisdiction to
hear the legality of the strike.

2. The superior people's court shall, depending on the scope of its jurisdiction by territories, resolve any
appeal or protest against a decision of the provincial people's committee on the legality of a strike.

Article 406 Composition of the council to consider legality of a strike

1. The provincial people's court shall consider the legality of a strike by a council of three judges.

2. The superior people's court shall resolve an appeal or protest against a decision on the legality of a
strike by a council of three judges.

Article 407 Participants in a meeting to consider the legality of a strike

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1. A judge chairing the council and the council to consider the legality of a strike, and the court clerk
preparing the minutes of meeting.

2. The prosecutor of the procuracy of the same jurisdiction.

3. Representatives of the organizations acting as the representative of the labour collective and of the
employer.

4. Representatives of agencies or organizations upon request of the Court.

Article 408 Adjournment of a meeting to consider the legality of a strike

1. A meeting to consider the legality of a strike shall be adjourned in accordance with article 233 of this
Code regulating adjournment of trials.

2. The period of adjournment of a meeting to consider the legality of a strike shall not exceed three
working days from the date of the decision to adjourn the meeting.

Article 409 Stay of consideration of the legality of a strike

The Court shall stay consideration of the legality of a strike in one of the following circumstances:

1. The applicant withdraws the application.

2. The parties reach agreement on resolution of the strike and lodge an application requesting the Court
not to resolve the matter.

3. The applicant is absent after being properly summonsed twice, except for cases due to an event of
force majeure or objective hindrance.

Article 410 Procedures for resolution of an application for consideration the legality of a strike

1. The chief judge of the provincial people's court shall, immediately after receipt of an application,
make a decision establishing a council to consider the legality of the strike, and shall assign one
judge to preside over resolution of the application.

2. Within five (5) working days of the date of receipt of the application, the judge who is assigned to
preside over resolution of the petition must issue a decision to hold a meeting to consider the legality
of the strike. Such decision must be promptly forwarded to the organization acting as the
representative of the labour collective, the employer, the procuracy of the same jurisdiction and to
other agencies and organizations concerned.

3. Within five (5) working days of the date of issuance of the decision to hold a meeting to consider the
legality of the strike, the council considering the legality of the strike must hold a meeting to consider
the legality of the strike.

Article 411 Sequence for a meeting considering legality of a strike

1. The presiding judge of the meeting to consider the legality of the strike shall make public the decision
to hold the meeting to consider the legality of the strike and shall summarize the contents of the
application.

2. Representatives of the organizations acting as the representative of the labour collective and of the

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 employer shall present their views.

3. The presiding judge of the meeting to consider the legality of the strike may request representatives
of any agency or organization participating in the meeting to present their views.

4. The prosecutor shall present the view of the procuracy on consideration of the legality of the strike.

Immediately upon completion of the meeting, the prosecutor must forward its written view to the
Court for archiving same in the civil matter file.

5. The council shall debate the issues and reach a majority decision.

Article 412 Decision on legality of a strike

1. The decision of the Court on the legality of a strike must specify the reasons and the grounds for
concluding that the strike is lawful.

The decision of the Court on the legality of a strike must be announced publicly at the meeting and
sent promptly to the organization acting as the representative of the labour collective, the employer,
and the procuracy of the same jurisdiction. The labour collective and the employer are responsible to
implement the decision of the Court but shall have the right to lodge an appeal; and the procuracy
shall have the right to lodge a protest against such decision.

2. After the decision of a Court on the legality of the strike ruling that a strike is unlawful is announced,
employees participating in the strike must immediately cease striking and return to work.

Article 413 Sequence and procedures for resolution of appeals and protests against decisions on legality
of strikes

1. Immediately upon receipt of an appeal or decision on protest against the decision on the legality of a
strike, the superior people's court must request in writing the Court which considered the legality of
the strike to forward the mater file for the former to consider and resolve the matter.

2. Within three working days from the date of receipt of the written request, the Court which issued the
decision on the legality of the strike must forward the matter file to the superior people's court for
consideration and resolution.

3. Within two working days from the date of receipt of the matter file, the chief justice of the superior
people's court shall make a decision establishing a Council of Adjudicators with appellate jurisdiction
to consider the legality of the strike and assign a judge to preside over study of the file.

Within five working days from the date on which the superior people's court receives the matter file,
the Council of Adjudicators with appellate jurisdiction shall consider the appeal or the protest against
the decision on the legality of the strike.

The decision of the Council of Adjudicators with appellate jurisdiction of the superior people's court
on the legality of the strike shall be final.

CHAPTER XXXII

Resolution Procedures for Civil Matters Relating to Commercial Arbitration Operations of Vietnam

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Article 414 Civil matters relating to commercial arbitration operations of Vietnam which fall under the
jurisdiction of Courts

1. The appointment and replacement of arbitrators.

2. Application, change, revocation of preliminary injunctive relief.

3. Revocation of arbitration decisions.

4. Resolution of complaints against the decision of an arbitration tribunal that the arbitration agreement
was null and void or incapable of being performed or about the jurisdiction of the arbitration tribunal.

5. Gathering of evidence.

6. Summonsing witnesses.

7. Registration of arbitral awards.

8. Other civil matters stipulated by the law on commercial arbitration of Vietnam.

Article 415 Resolution procedures

The resolution procedures for civil matters relating to commercial arbitration operations of Vietnam shall be
subject to the law on commercial arbitration of Vietnam.

CHAPTER XXXIII

Procedures for Recognition of Successful Settlement Outside Court

Article 416 Recognition of successful settlement outside Court

The settlement of a matter outside Court which is considered by the Court for issuance of a decision on
recognition means the successful settlement of the matter which occurred between agencies, organizations
or individuals [entities] and for which the entity authorized to perform the task of settlement has conducted
successful settlement in accordance with the law on settlement.

Article 417 Conditions for recognition of successful settlement outside Court

1. The parties to the agreement on settlement have full capacity for civil acts.

2. The parties to the agreement on settlement are persons having rights and obligations in respect of
the contents of the agreement on settlement. Where the contents of the agreement on successful
settlement relate to the rights or obligations of a third person, the consent of such third person is
required.

3. Any or both parties lodge a petition with the Court for recognition.

4. The contents of the agreement on successful settlement of the parties are voluntary, do not breach
any provisions of the law on prohibited conduct, are not contrary to social morality and are not for the
purpose of avoiding any obligation to the State or a third person.

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Article 418 Application for recognition of successful settlement outside Court

1. An applicant for recognition of a successful settlement outside Court must lodge an application with
the Court within a period of six months from the date on which the parties reached the agreement on
successful settlement.

The application shall contain the following main items:

(a) The items prescribed in sub-clauses (a), (b), (c), (dd), (e) and (g) of clause 2 of article 362 of
this Code;

(b) The names and addresses of the individuals or organizations which reached the settlement;

(c) The contents and agreement on successful settlement which are the subject of the application
for recognition by the Court.

2. The applicant shall enclose with the application the document on successful settlement in
accordance with the relevant law.

Article 419 Procedures for recognition of successful settlement outside Court

1. The procedures for receiving and dealing with applications for recognition of a successful settlement
outside Court shall be carried out in accordance with articles 363, 364 and 365 of this Code.

2. The period of preparation for consideration of an application shall be fifteen (15) days from the date
on which the Court accepts the application; and upon expiry of such period, the Court must issue a
decision to hold a meeting to consider the application.

The period for holding a meeting to consider an application shall be ten (10) days from the date on
which the Court issues the decision to hold the meeting.

3. During the duration of preparation for consideration of an application, the judge who is assigned to
consider the application has the following rights:

(a) To request the parties participating in the settlement and persons with related rights and
obligations to provide their views on the application of the applicant petitioning the Court to
recognize the successful settlement; and to clarify the contents of the application or to
supplement data if it is considered necessary;

(b) To request the entity authorized to conduct settlement to provide the Court with any data in
order to provide a base for consideration of the application of the concerned party where
necessary;

The agency, organization or individual who is requested by the Court is responsible to make a
response to the Court within five working days from the date of receipt of the request from the
Court.

4. Participants in a meeting to consider an application and the procedures for conducting a meeting to
consider an application are subject to articles 367 and 369 of this Code.

5. The judge shall issue a decision recognizing the successful settlement outside Court when all the
conditions prescribed in article 417 of this Code are satisfied. The decision of the Court shall contain
the items prescribed in article 370 of this Code.

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6. The judge shall issue a decision to refuse the successful settlement outside Court in cases where all
the conditions prescribed in article 417 of this Code are not satisfied.

The non-recognition of the successful settlement outside Court shall not affect the content and
validity of such settlement.

7. The decision recognizing or refusing the successful settlement outside Court shall be forwarded to
the participants in the agreement on settlement, the persons with related rights and obligations and
the procuracy of the same jurisdiction.

8. The decision recognizing or refusing the successful settlement outside Court shall become effective
immediately and shall not be appealed or protested against in accordance with the appeal
proceedings.

9. The decision recognizing the successful settlement outside Court shall be enforced in accordance
with the law on civil judgement enforcement.

CHAPTER XXXIV

Resolution Procedures for Civil Matters Relating to Arrest of Aircraft or Seagoing Ship

Article 420 Right to petition the Court to arrest an aircraft or seagoing ship

1. Any agency, organization or individual [entity] has the right to petition a court to arrest an aircraft at
an airport in order to ensure [as security for] the interests of a creditor, the owner or third parties on
the ground who have suffered loss and damage or of any other person with rights and interests in the
aircraft in order to enforce a civil judgment in accordance with the law on civil aviation of Vietnam.

2. Any entity has the right to petition a court to arrest a seagoing ship to ensure [as security for]
resolution of a maritime complaint, to enforce a civil judgment or to implement judicial assistance.

Article 421 Jurisdiction of the Court to arrest an aircraft or seagoing ship

1. The provincial people's court of the locality of the airport where the aircraft against which a petition
for arrest is made has landed, shall have jurisdiction to made a decision to arrest such aircraft.

2. The provincial people's court of the locality in which there is the seaport or inland waterway port
where the seagoing ship against which a petition for arrest is made currently conducts maritime
activities, shall have jurisdiction to make a decision to arrest such seagoing ship. If a port has
several wharves which are located in different provinces or cities under central authority, the
provincial people's court of the locality of the wharf where the seagoing ship against which a petition
for arrest is made currently conducts maritime activities, shall have jurisdiction to make a decision to
arrest such seagoing ship.

Article 422 Procedures for arrest of an aircraft or seagoing ship

The resolution procedures for civil matters relating to the arrest of an aircraft or seagoing ship shall be
carried out in accordance with the law on arrest of aircraft and seagoing ships.

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 PART VII

Procedures for Recognition and Permission for Enforcement in Vietnam or Non-

Recognition of Civil Decisions and Judgments of Foreign Courts; Recognition and
Permission for Enforcement of Awards of Foreign Arbitrators

CHAPTER XXXV

General Provisions On Procedures For Recognition And Permission For Enforcement In Vietnam Or
Non-Recognition Of Civil Decisions And Judgments Of Foreign Courts; Recognition And
Permission For Enforcement Awards Of Foreign Arbitrators

Article 423 Civil decisions and judgments of foreign courts recognised and permitted for enforcement in
Vietnam

1. The following civil decisions and judgments of foreign courts are considered for recognition and
permission for enforcement in Vietnam:

(a) Civil, marriage and family, business, commercial, labour decisions and judgments, decisions
on property in criminal or administrative decisions and judgments of a foreign court prescribed
in an international treaty to which such country and the Socialist Republic of Vietnam are
members;

(b) Civil, marriage and family, business, commercial, labour decisions and judgments, decisions
on property in criminal or administrative decisions and judgments of courts of a foreign country
where such foreign country nor the Socialist Republic of Vietnam ["Vietnam"] is a member of
an international treaty containing provisions on recognition and permission for enforcement of
judgments and decisions of foreign courts on the basis of the principle of reciprocity;

(c) Other civil decisions and judgments of foreign courts the recognition and permission for
enforcement of which are prescribed by Vietnamese law.

2. Decisions on personal [issues], marriage and family of other foreign competent authorities are also
considered for recognition and permission for enforcement in Vietnam as civil decisions and
judgments of foreign courts prescribed in clause 1 of this article.

Article 424 Awards of foreign arbitrators recognized and permitted for enforcement in Vietnam

1. The following awards of foreign arbitrators are considered for recognition and permission for
enforcement in Vietnam:

(a) Awards of arbitrators of a foreign country where such foreign country and Vietnam are both
members of an international treaty on recognition and permission for enforcement of awards of
foreign arbitrators;

(b) Awards of foreign arbitrators not falling under the case prescribed in sub-clause (a) of this
clause, on the basis of the principle of reciprocity.

2. Awards of foreign arbitrators prescribed in clause 1 of this article considered for recognition and
permission for enforcement in Vietnam means final awards of an arbitration panel dealing with the
entire contents of disputes, concluding the arbitration proceedings and being enforceable.

3. Foreign arbitrators and awards of foreign arbitrators prescribed in clause 1 of this article are

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 determined in accordance with the Law on Commercial Arbitration of Vietnam2.

Article 425 Right to petition for recognition and permission for enforcement or non-recognition of civil
decisions and judgments of foreign courts; and for recognition and permission for enforcement
of awards of foreign arbitrators

1. The person in whose favour the judgment is enforced [judgment creditor] or his or her legal
representative has the right to petition a Vietnamese court to recognize and permit enforcement in
Vietnam of the civil decision or judgment of a foreign court, or an award of foreign arbitrators, if the
individual person against whom the judgment is enforced resides or works in Vietnam, or the agency
or organization against whom the judgment is enforced has its head office in Vietnam, or the property
relevant to the enforcement of the civil decision or judgment or the award of foreign arbitrators, is in
Vietnam at the time of petition.

2. The person against whom the judgment is enforced [judgment debtor] or his or her legal
representative has the right to petition a Vietnamese court not to recognize the civil decision or
judgment of the foreign court.

3. The parties concerned, people with related legitimate rights and interests, or their legal
representatives have the right to petition a Vietnamese court for non-recognition of a civil decision or
judgment of a foreign court which does not contain a petition for enforcement in Vietnam.

Article 426 Ensuring the right to appeal or protest

The parties concerned have the right to appeal, and a provincial people's procuracy or superior people's
procuracy has the right to protest a decision of a court on recognition and permission of enforcement, or on
non-recognition of a civil decision or judgment of a foreign court, or a decision on recognition and
permission of enforcement of an award of foreign arbitrators, and has the right to petition a superior
people's court for re-consideration in accordance with this Code.

Article 427 Ensuring effectiveness of decision of Vietnamese court on recognition and permission for
enforcement or non-recognition of civil decisions and judgments of foreign courts; on
recognition and permission for enforcement of awards of foreign arbitrators

1. A civil decision or judgment of a foreign court recognized and permitted for enforcement in Vietnam
by a Vietnamese court shall have the same legal effectiveness as a civil decision or judgment of a
Vietnamese court which has taken effect and shall be enforced in accordance with procedures for
enforcement of civil judgments. A civil decision or judgment of a foreign court not recognized by a
Vietnamese court shall not have legal effect in Vietnam, except in the case of automatic recognition
prescribed in article 431 of this Code.

2. An award of foreign arbitrators recognized and permitted for enforcement in Vietnam by a

Vietnamese court shall have the same legal effectiveness as a decision of a Vietnamese court which
has taken effect and shall be enforced in accordance with procedures for enforcement of civil
judgements.

3. A civil decision or judgment of a foreign court or an award of foreign arbitrators may be enforced in
Vietnam only after the decision of the Vietnamese court recognizing and permitting enforcement of
such decision or judgment of the foreign court or such award of foreign arbitrators has taken legal
effect.

2
Allens footnote: See Law 54 dated 17 June 2010.

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Article 428 Sending of decision of court on recognition and permission for enforcement or non-recognition
of civil decisions and judgments of foreign courts; or on recognition and permission for
enforcement of awards of foreign arbitrators

A court is responsible to deliver directly or by postal services or via the Ministry of Justice its decision to
both the judgment creditor and the judgment debtor of the civil decision or judgment of a foreign court or an
award of foreign arbitrators or to their legal representatives, and to the people's procuracy on the same
level and the civil judgment enforcement agency in accordance with this Code.

Article 429 Ensuring the right to remit money and transfer property for enforcement of civil decisions and
judgments of foreign courts and awards of foreign arbitrators

The State of Vietnam ensures the remittance of money and transfer of property from Vietnam abroad for
enforcement of civil decisions and judgments of foreign courts and awards of foreign arbitrators recognized
and permitted for enforcement by Vietnamese courts. Such remittance of money and transfer of property
are performed in accordance with Vietnamese law.

Article 430 Fees and costs of consideration of petitions for recognition and permission for enforcement or
non-recognition of civil decisions and judgments of foreign courts; and for recognition and
permission for enforcement of awards of foreign arbitrators

1. A person petitioning for recognition and permission for enforcement or non-recognition of civil
decisions and judgments of foreign courts; or recognition and permission for enforcement of awards
of foreign arbitrators by a Vietnamese court must pay fees in accordance with Vietnamese law.

2. The person petitioning in clause 1 of this article must bear the costs of service of documents on the
proceedings of the Vietnamese court relating to his or her petition abroad.

Article 431 Civil decisions and judgments of foreign courts and decisions of other foreign competent
agencies automatically recognized in Vietnam

1. Civil decisions and judgments of foreign courts and decisions of other foreign competent agencies
not petitioned for enforcement in Vietnam and not petitioned for non-recognition in Vietnam as
prescribed in international treaties to which Vietnam is a member.

2. Marriage and family decisions and judgments of foreign courts and marriage and family decisions of
other competent agencies of foreign countries where neither such foreign country nor Vietnam is a
member of an international treaty, which are not petitioned for enforcement in Vietnam and not
petitioned for non-recognition in Vietnam.

CHAPTER XXXVI

Procedures For Consideration Of Petitions For Recognition And Permission For Enforcement In
Vietnam Of Civil Decisions And Judgments Of Foreign Courts; Procedures For Consideration
Of Petitions For Non-Recognition Of Civil Decisions And Judgments Of Foreign Courts

SECTION 1

Procedures For Consideration Of Petitions For Recognition And Permission For Enforcement In
Vietnam Of Civil Decisions And Judgments Of Foreign Courts

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Article 432 Limitation period for petition for recognition and permission of enforcement

1. Within a time limit of three years from the date a civil decision or judgment of a foreign court takes
legal effect, the beneficiary [judgment creditor], people with related legitimate rights and interests, or
their legal representatives, have the right to send a petition to the Ministry of Justice of Vietnam in
accordance with provisions of an international treaty to which Vietnam and the country where such
decision or judgment was issued by a court are both members, or to a competent Vietnamese court
as prescribed in this Code, for recognition and permission for enforcement in Vietnam of such civil
decision or judgment.

2. If the petitioner is able to prove that a petition could not be made within the time limit prescribed in
clause 1 of this article due to force majeure or an objective hindrance, the duration of such force
majeure or objective hindrance is not included in the time limit for sending the petition.

Article 433 Petition for recognition and permission of enforcement

1. A petition to recognize and permit enforcement must include the following main contents:

(a) Full name and residential address or work address of the beneficiary and his or her legal
representative; if the beneficiary is an agency or organization, the full name and address of the
head office of such agency or organization must be included;

(b) Full name and residential address or work address of the enforcee [judgment debtor] and his
or her legal representative; if the enforcee is an agency or organization, the full name and
address of the head office of such agency or organization must be included; where the
enforcee is an individual without a residential or work address in Vietnam, or the enforcee is an
agency or organization without a head office in Vietnam, the petition must specify the address
of property and the types of property related to the enforcement in Vietnam of the civil decision
or judgment of the foreign court;

(c) Request of the beneficiary; where a decision or judgment of a foreign court has been partially
enforced, the beneficiary must specify the part which has been enforced, and the remaining
part for which recognition and permission of enforcement in Vietnam is petitioned.

2. A petition in a foreign language must be accompanied by a Vietnamese translation which is legally

certified or notarized.

Article 434 Documents and materials attached to petition

1. Attached to a petition are documents and materials prescribed in an international treaty to which
Vietnam and the country where the court issued such decision or judgment are both members.
Where there is no international treaty containing provisions on this issue to which Vietnam and the
country where the court issued such decision or judgment are both members, the following
documents and materials must be attached to the petition:

(a) Original copy or certified copy of the decision or judgment issued by the foreign court;

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 (b) Document of the foreign court or another foreign competent authority certifying that such
decision or judgment has legal effect, the limitation period for enforcement has not passed,
and [such decision or judgment] needs enforcement in Vietnam, except where these contents
have been specified in such decision or judgment;

(c) Document of the foreign court or another foreign competent authority certifying the result of
proper service of such decision or judgment on the enforce [judgment debtor];

(d) Document of the foreign court or another foreign competent authority certifying that the
enforcee or his or her legal representative has been duly summoned if the foreign court issued
such judgment in his or her absence.

2. Documents and materials in foreign languages attached to the petition must be accompanied by their
Vietnamese translations which are legally certified or notarized.

Article 435 Forwarding documents to court

If the Ministry of Justice receives petitions and documents and materials prescribed in article 434.1 of this
Code, within five working days from the date of receipt of such files, the Ministry must forward them to a
competent court in accordance with articles 37 and 39 of this Code.

Article 436 Acceptance of jurisdiction over files

Within five working days from the date of receipt of a file forwarded by the Ministry of Justice, or from the
date of receipt of a petition and attached documents and materials sent by the petitioner, a court shall,
based on articles 363, 364 and 365 of this Code, consider and accept jurisdiction over the file, and notify
the petitioner, the enforcee or his or her legal representative in Vietnam, the people's procuracy on the
same level, and the Ministry of Justice.

Article 437 Preparation for consideration of petition

1. During the preparation for consideration of a petition, a court has the right to request that the
beneficiary explain the issues not yet clear in the petition; and request that the foreign court which
issued the decision or judgment explain the issues not yet clear in the file.

2. The written request for explanation of the court is sent to the beneficiary, or his or her legal
representative in Vietnam, or to the foreign court, by postal services.

Where a Vietnamese court requests explanations from a foreign court, the written request is
translated into the language prescribed in the international treaty to which Vietnam is a member.
Where there is no international treaty between Vietnam and the foreign country, the file must be
accompanied by a translation into the language of the country from which judicial assistance is
requested, or into another language accepted by the requested country. The person petitioning for
recognition and enforcement in Vietnam of a decision or judgment of a foreign court must bear the
costs of translation and the costs of postal services to send the written request for explanations from
the Vietnamese court to the foreign court.

3. The time for preparation for consideration of a petition is four months from the date of acceptance of
jurisdiction. Within this period, the court issues one of the following decisions, depending on each
case:

(a) To suspend temporarily the consideration of the petition;

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 (b) To suspend the consideration of the petition;

(c) To open a meeting session to consider the petition.

If the court requests explanations as prescribed in clause 1 of this article, the time for preparation for
consideration of the petition may be extended, but not for more than two months. If, upon the expiry
of this period, the court does not receive written explanations from the parties concerned or from the
foreign court, it shall rely on the available documents in the file to deal with the petition of the parties
concerned.

The court must open a meeting session within one month from the date of the decision on opening a
meeting session to consider the petition.

The court forwards the file to the people's procuracy on the same level for study within fifteen (15)
days before the opening date of the meeting session; and at the end of this period, the people's
procuracy must return the file to the court to open the meeting session to consider the petition.

4. The court issues a decision temporarily suspending consideration of a petition based on one of the
following grounds:

(a) The enforcee being an individual dies, or the enforcee being an agency or organization has
been merged, consolidated, divided, separated or dissolved without any agency, organization
or individual inheriting the litigation rights and obligations of such agency, organization or
individual;

(b) The enforcee being an individual has lost his or her capacity for civil acts and his or her legal
representative has not been determined;

(c) The legal representation of the enforcee has been terminated without a replacement;

(d) The enforcement of the decision or judgment has been temporarily suspended in the country
where such decision or judgment was issued by a court;

(dd) The decision or judgment is being re-considered or is pending re-consideration according to

the legal proceedings in the country where such decision or judgment was issued by a court.

5. The court issues a decision on suspension of consideration of the petition based on one of the
following grounds:

(a) The beneficiary withdraws the petition, or the enforcee has voluntarily performed the decision
or judgment of the foreign court;

(b) The enforcee being an individual dies without his or her rights and obligations being inherited;

(c) The enforcee being an agency or organization has been dissolved or bankrupt and its rights
and obligations have been dealt with in accordance with Vietnamese law;

(d) The enforcee being an agency or organization has been dissolved or bankrupt and its
litigation rights and obligations are not inherited by any agency, organization or individual;

(dd) There has been a decision of a court to commence bankruptcy procedures in respect of the
enforcee;

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 (e) The court cannot determine the address of the enforcee and the location of the property
relating to enforcement;

(g) The jurisdiction for resolution of the petition belongs to another court to which the file has been
forwarded for resolution;

(h) The court cannot determine the location of the property relating to enforcement in Vietnam if
the agency or organization against whom the judgment is enforced does not have its head
office in Vietnam, or the individual against whom the judgment is enforced does not reside or
work in Vietnam.

Article 438 Meeting session to consider the petition

1. A petition is considered at a meeting session requested by the petition consideration council,

consisting of three judges, chaired by one judge assigned by the chief justice.

2. A prosecutor of the people's procuracy on the same level attends the meeting session; if such
prosecutor is absent, the meeting shall still be conducted by the court.

3. The meeting session is conducted in the presence of the beneficiary, the enforcee or their legal
representatives; if one of these persons is absent for the first time, the meeting session must be
adjourned.

Petition consideration is still carried out if the beneficiary or their legal representative, or the enforcee
or his or her legal representative makes a petition to the court to consider the petition in absentia, or
if the enforcee or his or her legal representative has been duly summoned for the second time but is
still absent.

The council issues a decision suspending the petition consideration if the beneficiary or his or her
legal representative has been duly summoned for the second time but is still absent, or where there
is one of the grounds prescribed in article 437.5 of this Code.

4. Upon consideration of a petition for recognition and permission for enforcement, the council may not
re-hear the case on which a judgment or decision has already been issued by a foreign court. The
court may only check and compare the civil judgement or decision of the foreign court and the
documents and materials accompanying the petition with the provisions in Chapters 25 and 26 of this
Code, or other relevant provisions of Vietnamese law and international treaties to which Vietnam is a
member as the basis for the issuance of a decision recognising and permitting enforcement, or not
recognising such judgement or decision.

5. After considering the petition and its accompanying documents and materials, and listening to the
opinions of the summoned persons and of the prosecutor, the council discuss and makes a decision
by majority.

The council has the right to issue a decision recognising and permitting enforcement in Vietnam, or
on non-recognition of the civil judgement or decision of the foreign court.

6. During the period of preparation for petition consideration, the first instance court has the right to
make a decision on application, change or cancellation of the injunctive relief prescribed in Chapter 8
of this Code.

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Article 439 Civil decisions and sentences of foreign courts not recognised or permitted for enforcement in
Vietnam

1. A civil judgement or decision of a foreign court which does not satisfy any of the conditions for
recognition prescribed in an international treaty to which Vietnam is a member.

2. A civil judgement or decision which has not taken legal effect in accordance with the law of the
country of the court which issued it.

3. The enforcee or his or her legal representative was absent at the hearing session of the foreign court
because he or she was not duly summoned, or process of the foreign court was not served on him or
her within a reasonable period in accordance with the law of the country of such foreign court for him
or her to exercise the right to self-defend.

4. The court of the country which issued the judgement or decision does not have the authority to deal
with it in accordance with article 440 of this Code.

5. There has been a civil judgement or decision which has taken legal effect of a Vietnamese court on
this civil affair, or before jurisdiction was accepted by the foreign judicial agency a Vietnamese court
had already accepted jurisdiction and was resolving it, or a civil judgement or decision of a court of a
third country had already been recognized and permitted for enforcement by a Vietnamese court.

6. The limitation period for judgement enforcement has expired according to the law of the country of
the court which issued such civil judgement or decision, or according to the law on civil judgement
enforcement of Vietnam.

7. The enforcement of the decision or judgment has been rescinded or suspended in the country where
such decision or judgment was issued by a court.

8. The recognition and permission for enforcement of the civil judgement or decision of the foreign court
in Vietnam is contrary to the basic principles of the law of Vietnam.

Article 440 Foreign court having jurisdiction for dispute or claim resolution

A foreign court issuing a judgement or decision which is being considered for recognition or permission of
enforcement in Vietnam has jurisdiction for resolution of such civil affair in the following cases:

1. The civil affair does not fall under the specific jurisdiction of Vietnamese courts as prescribed in
article 470 of this Code.

2. The civil affair is prescribed in article 469 of this Code but meets one of the following conditions:

(a) The respondent participates in the litigation without any objection to the jurisdiction of such
foreign court;

(b) There has been no judgement or decision of a third country court on this civil affair which has
been recognized and permitted for enforcement by a Vietnamese court;

(c) The foreign court accepted jurisdiction over this civil affair before a Vietnamese court accepted
jurisdiction.

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Article 441 Sending of court decision

1. Within a time limit of fifteen (15) days from the date of a decision prescribed in article 438.5 of this
Code, the court must send such decision to the parties concerned or their legal representatives, the
Ministry of Justice and the people's procuracy at the same level.

2. Within a time limit of five working days from the date of the decision temporarily suspending or the
decision suspending petition resolution prescribed in articles 437.4 and 437.5 of this Code, the court
must send such decision to the parties concerned or their legal representatives, the Ministry of
Justice and the people's procuracy at the same level.

3. As soon as a decision is issued to apply, change or cancel any injunctive relief prescribed in article
438.6 of this Code, the court must send such decision to the parties concerned or their legal
representatives, the authorized civil judgement enforcement agency, the Ministry of Justice and the
people's procuracy at the same level.

4. Decisions are sent by a court to the parties concerned in a foreign country by the methods prescribed
in article 474 of this Code.

Article 442 Appeal and protest

1. Within a time limit of seven days from the date the court issues a decision temporarily suspending or
suspending consideration and fifteen (15) days from the date the court issues a decision recognising
and permitting enforcement or on non-recognition of a judgement or decision of a foreign court, the
parties concerned or their legal representatives have the right to appeal such decision; if the parties
concerned or their legal representatives were not present at the meeting session to consider the
petition, the time limit for appeal is calculated from the date they receive such decision. The appeal
petition must clearly specify the reason and request for appeal.

If a party concerned or his or her legal representative is unable to appeal within the time limit above
due to force majeure or an objective hindrance, the duration of such force majeure or objective
hindrance is not included in the time limit for appeal.

2. The chief prosecutor of the provincial people's procuracy or the chief prosecutor of the superior
people's procuracy has the right to protest a decision of a court prescribed in articles 437.4, 437.5
and 438.5 of this Code.

The time limit for protest is seven days for a provincial people's procuracy and ten (10) days for a
superior people's procuracy from the date the people's procuracy receives the decision.

Article 443 Consideration of appeal and protest

1. A superior people's court considers a decision of a provincial people's court within its jurisdiction
according to the territory appealed or protested within a time-limit of one month from the date of
receipt of a file; where explanations are required in accordance with articles 437.1 and 437.2 of this
Code, this time limit may be extended, but shall not exceed two months.

2. The council for consideration of an appealed or protested decision comprises three judges, of whom
one judge shall act as the chair as assigned by the chief justice of the superior people's court.

The meeting session to re-consider an appealed or protested decision is conducted in the same way

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 as a meeting session to consider a petition prescribed in article 438 of this Code.

3. The council considering an appealed or protested decision has the following rights:

(a) To uphold the decision of the first instance court;

(b) To amend a part or all of the decision of the first instance court;

(c) To suspend temporarily the resolution of the appeal or protest;

(d) To suspend the resolution of the appeal or protest;

(dd) To rescind the decision of the first instance court and forward the file to the first instance court
for resolution again by the first instance procedures;

(e) To rescind the decision of the first instance court and suspend the consideration of the petition
where there are any of the grounds prescribed in article 437.5 of this Code.

4. The decision of the superior people's court takes effect from its date and may be protested according
to cassation or retrial procedures in accordance with this Code.

SECTION 2

Procedures For Consideration Of Petitions For Non-Recognition Of Civil Decisions And Judgments
Of Foreign Courts

Article 444 Limitation period for non-recognition of civil decisions and judgments of foreign courts

1. Within a time limit of three years from the date a civil decision or judgment of a foreign court takes
legal effect, the enforcee [judgment debtor] or his or her legal representatives has the right to petition
a Vietnamese court not to recognise such civil decision or judgment of a foreign court.

2. If the petitioner is able to prove that a petition could not be made within the time limit prescribed in
clause 1 of this article due to force majeure or an objective hindrance, the duration of such force
majeure or objective hindrance is not included in the time limit for sending the petition.

Article 445 Petition for non-recognition of civil decision and judgment of foreign court in Vietnam

1. The person prescribed in article 444.1 of this Code must make a petition. The petition must include
the following main contents:

(a) Full name and residential address or work address of the [judgment debtor]; if the enforcee is
an agency or organization, the full name and address of the head office of such agency or
organization must be included; where the enforcee is an individual without a residential
address or work address in Vietnam, or the enforcee is an agency or organization without a
head office in Vietnam, the petition must specify the address of property and the types of
property related to the enforcement in Vietnam of the civil decision or judgment of the foreign
court;

(b) Full name and residential address or work address of the beneficiary [judgment creditor] or his
or her legal representative; if the beneficiary is an agency or organization, the full name and
address of the head office of such agency or organization must be included;

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 (c) Petition of the enforcee; where a decision or judgment of a foreign court has been partially
enforced, the part which has been enforced and the remaining part for which non-recognition is
sought in Vietnam must be specified.

2. A petition in a foreign language must be accompanied by a Vietnamese translation which is legally

notarized or certified.

Article 446 Documents and materials enclosed with petition; procedures for consideration of petitions for
non-recognition of civil decisions and judgments of foreign courts in Vietnam

1. Enclosed with a petition are documents and materials prescribed in the international treaty to which
Vietnam is a member. Where Vietnam and the country where a court issued such decision or
judgment are not members of the same international treaty containing provisions on this matter, the
petition must be accompanied by the original or a certified copy of the judgement or decision issued
by the foreign court, and documents and materials supporting the petition for non-recognition.

2. Documents and materials in foreign languages enclosed with the petition must be accompanied by
their Vietnamese translations which are legally certified or notarized.

3. The procedures for petition consideration, sending of decisions of courts, appeal, protest and
consideration of appeals and protests are performed in accordance with the relevant articles in
Section 1 of this Chapter.

SECTION 3

Procedures For Petition For Non-For Recognition Of Civil Decisions And Judgments Of Foreign
Courts, Enforcement Of Which Is Not Required In Vietnam

Article 447 Limitation period for non-recognition of civil decisions and judgments of foreign courts
enforcement of which is not required in Vietnam

1. Within a time-limit of six months from the date of receipt of a civil judgement or decision which has
taken effect of a foreign court enforcement of which is not required in Vietnam, the parties concerned
and people with related legitimate rights and interests or their legal representatives have the right to
send a petition to the Ministry of Justice of Vietnam in accordance with the international treaty to
which Vietnam is a member, or a competent Vietnamese court in accordance with this Code where
an international treaty to which Vietnam is a member is silent, or there is no relevant international
treaty, for the court to not recognize such civil judgement or decision.

2. If the petitioner is able to prove that a petition could not be made within the time limit prescribed in
clause 1 of this article due to force majeure or an objective hindrance, the duration of such force
majeure or objective hindrance is not included in the time limit for sending the petition.

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Article 448 Petition for non-recognition of civil decisions and judgments of foreign courts, enforcement of
which is not required in Vietnam

1. A petition for non-recognition of a civil decision or judgment of a foreign court, enforcement of which
is not required in Vietnam, must contain the following main contents:

(a) Full name and residential address or work address of the petitioner; if it is an agency or
organization, the full name and address of the head office of such agency or organization must
be included;

(b) Request of the petitioner.

2. The petition must be accompanied by the original or a certified copy of the civil judgement or decision
of the foreign court and necessary documents and materials to prove that the request for non-
recognition is grounded and legal.

3. The petition and enclosed documents and materials in foreign languages must be accompanied by
their Vietnamese translations which are legally certified or notarized.

Article 449 Procedures for acceptance of jurisdiction and resolution of petition for non-recognition of civil
decisions and judgments of foreign courts enforcement of which is not required in Vietnam

1. Acceptance of jurisdiction over a petition, preparation for petition consideration and the meeting
session for consideration of a petition for non-recognition of a civil judgement or decision of a foreign
court, enforcement of which is not required in Vietnam, are performed in accordance with provisions
in articles 436, 437 and 438 of this Code.

2. The petition consideration council has the right to issue either of the following decisions:

(a) Non-recognition of the civil decision or judgment of the foreign court;

(b) Dismissal of the petition for non-recognition.

3. Civil decisions and judgments of foreign courts enforcement of which is not required in Vietnam are
not recognised in the cases prescribed in article 439 of this Code.

Article 450 Sending of decisions of courts and appeal and protest

The sending of decisions of courts; appeal, protest and consideration of appeals and protests are
performed in accordance with articles 441, 442 and 443 of this Chapter.

CHAPTER XXXVII

Procedures For Consideration Of Petitions For Recognition And Permission For Enforcement In
Vietnam Of Awards Of Foreign Arbitrators

Article 451 Limitation period for making petitions for recognition and permission of enforcement

1. Within a time-limit of three years from the effective date of the award of foreign arbitrators, the
beneficiary [award creditor], people with related legitimate rights and interests, or their legal
representatives have the right to make a petition to the Ministry of Justice of Vietnam in accordance
with an international treaty to which Vietnam is a member, or a competent Vietnamese court in

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 accordance with this Code where the international treaty to which Vietnam is a member is silent, or
there is no relevant international treaty, for the court to recognize and permit enforcement of such
award in Vietnam.

2. If the applicant is able to prove that a petition could not be made within the time limit prescribed in
clause 1 of this article due to force majeure or an objective hindrance, the duration of such force
majeure or objective hindrance is not included in the time limit for making the petition..

Article 452 Petitions for recognition and permission for enforcement in Vietnam of awards of foreign
arbitrators

1. A petition for recognition and permission for enforcement in Vietnam of an award of foreign arbitrators
must contain the following main contents:

(a) Full name and residential address or work address of the beneficiary [award creditor] and his
or her legal representative in Vietnam; if the beneficiary is an agency or organization, the full
name and address of the head office of such agency or organization must be included;

(b) Full name and residential address or work address of the enforcee [award debtor]; if the
enforcee is an agency or organization, the full name and address of the head office of such
agency or organization must be included; where the enforcee is an individual without a
residential address or work address in Vietnam, or the enforcee is an agency or organization
without a head office in Vietnam, the petition must specify the address of property and the
types of property related to the enforcement in Vietnam of the award of foreign arbitrators;

(c) Request of the beneficiary.

2. A petition in a foreign language must be accompanied by a Vietnamese translation which is legally

notarized or certified.

Article 453 Documents and materials accompanying petitions

1. The petition must be accompanied by documents and materials prescribed in international treaties to
which Vietnam is a member; where there is no such international treaty, or where international
treaties are silent on this matter, the following documents and materials must accompany the petition:

(a) Original copy or certified copy of the award of foreign arbitrators;

(b) Original copy or certified copy of the arbitration agreement between the parties.

2. Documents and materials enclosed with the petition in foreign languages must be accompanied by
their Vietnamese translations which are legally certified or notarized.

Article 454 Forwarding files to court

1. Within a time-limit of five working days from the date of receipt of a petition and the documents and
materials prescribed in article 453 of this Code, the Ministry of Justice must forward them to a
competent court.

2. Where the Ministry of Justice had forwarded a file to a court and afterwards received a notice from a
foreign competent authority that the award of foreign arbitrators is still being considered or has been

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 rescinded, or that the enforcement of such award has been suspended, the Ministry of Justice must
promptly notify the court in writing.

Article 455 Acceptance of jurisdiction over files

Within five working days from the date of receipt of a file forwarded by the Ministry of Justice, or from the
date of receipt of a petition and attached documents and materials sent by the petitioner, a court shall,
based on articles 363, 364 and 365 of this Code, consider and accept jurisdiction over the file, and notify in
writing the beneficiary, the enforcee or their legal representatives in Vietnam, the people's procuracy on the
same level, and the Ministry of Justice.

Article 456 Forwarding files to other courts and resolution of dispute over jurisdiction

If, after acceptance of jurisdiction, a court considers that resolution of the petition for recognition and
permission of enforcement in Vietnam of an award of foreign arbitrators falls under the jurisdiction of
another court in Vietnam, the court accepting jurisdiction shall issue a decision to forward the file to the
competent court, and remove such petition from the book of acceptance of jurisdiction. This decision must
be promptly sent to the people's procuracy on the same level and the parties concerned.

The parties concerned have the right to appeal, and the people's procuracy has the right to protest, this
decision within a time-limit of three working days from the date of receipt of such decision. The order and
procedures for dealing with complaints, proposals and resolution of dispute over jurisdiction are performed
in accordance with article 41 of this Code.

Article 457 Preparation for consideration of petition

1. Within a time-limit of two months from the date of accepting jurisdiction, depending on each case, the
court shall issue one of the following decisions:

(a) To suspend temporarily the consideration of the petition;

(b) To suspend the consideration of the petition;

(c) To open a meeting session to consider the petition.

During the period of preparation for consideration of the petition, the court has the right to request
that the beneficiary explain issues in the petition which are not yet clear. In this case, the period of
preparation for consideration of the petition may be extended but shall not exceed two months.

The court must open a meeting session within twenty (20) days from the date of the decision on
opening a meeting session for consideration of the petition. The court forwards the file to the people's
procuracy on the same level for study within fifteen (15) days before the opening date of the session;
at the end of this period, the people's procuracy must return the file to the court to open the meeting
session for consideration of the petition.

2. The court issues a decision temporarily suspending consideration of the petition based on one of the
following grounds:

(a) The award of foreign arbitrators is being re-considered by a competent agency in the country
where the arbitrators issued the award;

(b) The enforcee being an individual dies, or the enforcee being an agency or organization has
been merged, consolidated, divided, separated or dissolved without any agency, organization

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 or individual inheriting the litigation rights and obligations of such agency, organization or
individual;

(c) The enforcee being an individual has lost his or her capacity for civil acts and a legal
representative has not been identified.

During the period of temporary suspension, the judge assigned with resolution must still be
responsible for resolving the petition.

After a decision has been issued temporarily suspending resolution of a petition in accordance with
this clause, the judge [in charge] is responsible to monitor and supervise the agency, organization or
individual in order to overcome the reasons leading to the temporary suspension as soon as possible
for timely resumption of resolution of the petition.

Where the reasons for temporary suspension no longer exist, the judge must issue a decision on
resumption of resolution of the petition.

3. The court issues a decision suspending consideration of a petition where there is one of the following
grounds:

(a) The beneficiary withdraws the petition, or the enforcee has voluntarily implemented the award
of foreign arbitrators;

(b) The enforcee being an individual dies without his or her rights and obligations being inherited;

(c) The enforcee being an agency or organization is dissolved or bankrupt and its rights and
obligations have been dealt with in accordance with Vietnamese law;

(d) The enforcee being an agency or organization is dissolved or bankrupt and its litigation rights
and obligations are not inherited by any agency, organization or individual;

(dd) The court cannot identify the location in Vietnam where there is property of the enforcee as
requested by the beneficiary.

Article 458 Meeting session to consider the petition

1. A petition is considered at a meeting session requested by the petition consideration council,

consisting of three judges, of whom one judge is the chair as assigned by the chief justice.

2. A prosecutor of the people's procuracy on the same level must attend the meeting; if such prosecutor
is absent, the meeting shall still be conducted by the court.

3. The meeting session is conducted in the presence of the beneficiary, the enforcee or their legal
representatives; if one of these persons is absent for the first time for a legitimate reason, the
meeting session must be adjourned.

Consideration is still carried out if the beneficiary or his or her legal representative, or the enforcee or
his or her legal representative requests that the court considers the petition in their absence, or the
enforcee or his or her legal representative has been duly summoned for the second time but is still
absent.

The petition consideration council issues a decision suspending the petition consideration if the
beneficiary or his or her legal representative has been duly summoned for the second time but is still

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 absent, or where there is one of the grounds prescribed in article 457.3 of this Code.

4. Upon considering a petition for recognition and permission of enforcement, the council may not re-
hear the dispute on which foreign arbitrators have issued an award. The court may only check and
compare the award of foreign arbitrators and the documents and materials accompanying the petition
with the provisions in Chapters 35 and 37 of this Code, or other relevant provisions of Vietnamese
law and international treaties to which Vietnam is a member, as the basis for issuance of a decision
recognising or not recognising such award.

5. After considering the petition and its accompanying documents and materials, and listening to the
opinions of the summoned persons and of the prosecutor, the council discuss and makes a decision
by majority.

The council has the right to issue a decision recognising and permitting enforcement in Vietnam, or
on non-recognition of the award of foreign arbitrators.

Article 459 Cases of non-recognition

1. The court does not recognize an award of foreign arbitrators when considering that the evidence
supplied by the enforcee to the court in order to object to the petition for recognition is grounded and
legal, and the arbitration award falls under one of the following cases:

(a) The parties signing the arbitration award did not have the capacity to sign such agreement in
accordance with the law applicable to each party;

(b) The arbitration agreement did not have legal effect in accordance with the law of the country
selected by the parties for application, or in accordance with the law of the country where the
award was issued, if the parties did not select an applicable law for such agreement;

(c) The agency, organization or individual against whom the award is to be enforced was not
notified in a timely and proper manner of the appointment of arbitrators, of the procedures for
resolution of the dispute by foreign arbitration, or cannot exercise their litigation rights due to
another legitimate reason;

(d) The award of foreign arbitrators was pronounced on a dispute for which resolution was not
requested by the parties, or which exceeds the request of the parties who signed the
arbitration agreement. Where it is possible to separate the section of the decision on matters
which were requested from the section of the decision on matters which were not requested to
be resolved by foreign arbitration, the section of the decision on matters which were requested
to be resolved may be recognized and permitted to enforce in Vietnam;

(dd) The composition of foreign arbitrators or the procedures for dispute resolution of foreign
arbitrators did not conform with the arbitration agreement or with the law of the country where
the award of foreign arbitrators was pronounced, if the arbitration agreement is silent on such
issues;

(e) The award of foreign arbitrators is not yet binding on the parties;

(g) The award of foreign arbitrators has been rescinded or suspended from enforcement by a
competent agency of the country where the award was pronounced, or of the country of the
applicable law.

2. An award of foreign arbitrators shall also not be recognized if a Vietnamese court considers that:

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 (a) The dispute could not be resolved by arbitration proceedings in accordance with Vietnamese
law;

(b) The recognition and permission for enforcement of the award of foreign arbitrators in Vietnam
is contrary to the basic principles of the law of Vietnam.

Article 460 Sending decisions of court

1. Within a time limit of five working days from the date of the decision temporarily suspending or the
decision suspending petition resolution prescribed in articles 457.2 and 437.3 of this Code, the court
must send such decision to the parties concerned or their legal representatives, the Ministry of
Justice and the people's procuracy at the same level.

2. Within a time-limit of fifteen (15) days from the date of the decision recognising and permitting
enforcement, or on non-recognition in Vietnam of an award of foreign arbitrators as prescribed in
article 458.5 of this Code, the court must send such decision to the parties concerned or their legal
representatives, the Ministry of Justice and the people's procuracy at the same level. If the parties
concerned are in a foreign country and do not have legal representatives in Vietnam and the court
issued the decision in their absence in accordance with article 458.3 of this Code, the court shall
send the decision to them by postal services or via the Ministry of Justice in accordance with
provisions of international treaties to which Vietnam is a member.

3. Decisions of courts are sent by the methods prescribed in article 474 of this Code.

Article 461 Appeal and protest

1. Within a time limit of fifteen (15) days from the date the court issues a decision as prescribed in
articles 457.2, 457.3 or 458.5 of this Code, the parties concerned or their legal representatives have
the right to appeal such decision; if the parties concerned were not present at the meeting session to
consider the petition, the time limit for appeal is calculated from the date they receive such decision.
The appeal petition must clearly specify the reason and request for appeal.

If a party concerned or his or her legal representative is unable to appeal within the time limit above
due to force majeure or an objective hindrance, the duration of such force majeure or objective
hindrance is not included in the time limit for appeal.

2. The chief prosecutor of the provincial people's procuracy or the chief prosecutor of the superior
people's procuracy has the right to protest a decision of a court prescribed in articles 457.2, 437.3
and 458.5 of this Code.

The time limit for protest is seven days for a provincial people's procuracy and ten (10) days for the
superior people's procuracy from the date of receipt of the decision by the people's procuracy.

Article 462 Consideration of appeal and protest

1. The superior people's court re-considers a decision of a provincial people's court which is appealed
or protested within a time-limit of one month from the date of receipt of a file; where explanations are

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 required in accordance with articles 457.1 of this Code, this time limit may be extended, but shall not
exceed two months.

2. The council for consideration of an appealed or protested decision comprises three judges, of whom
one judge shall act as the chair as assigned by the chief justice of the superior people's court. The
meeting session to re-consider an appealed or protested decision is conducted in the same way as
the meeting session to consider a petition prescribed in article 458 of this Code.

3. The council considering an appealed or protested decision has the following rights:

(a) To uphold the decision of the first instance court;

(b) To amend a part or all of the decision of the first instance court;

(c) To suspend temporarily the resolution of the appeal or protest;

(d) To suspend the resolution of the appeal or protest;

(dd) To rescind the decision of the first instance court and forward the file to the first instance court
for resolution again by the first instance procedures;

(e) To rescind the first instance decision and suspend resolution of the petition where there is any
one of the grounds prescribed in article 457.3 of this Code.

4. The council considering an appealed or protested decision suspends resolution of the appeal or
protest in the following cases:

(a) The appellant withdraws the entire appeal, or the people's procuracy withdraws the entire
protest;

(b) The appellant has been duly summoned for the second time but is still absent and has not filed
a petition for resolution in absentia.

Where an appellant withdraws the entire appeal or the people's procuracy withdraws the entire
protest before the appeal court issues a decision on opening a meeting session to consider the
appeal or protest, the judge assigned as the chair of the meeting session issues a decision
suspending resolution of the appeal or protest. Where an appellant withdraws the entire appeal or the
people's procuracy withdraws the entire protest after the appeal court issues a decision on opening a
meeting session to consider the appeal or protest, the council considering the appeal or protest
issues a decision suspending resolution of the appeal or protest.

In such cases, the decision of the first instance court takes legal effect from the date the appeal court
issues the decision suspending consideration of the appeal or protest.

5. The council considering the appeal or protest rescinds the decision of the first instance court and
returns the file to the first instance court for resolution again by first instance procedures in the
following cases:

(a) The proof by a party concerned objecting to the recognition of the award of foreign arbitrators
or the ground for the first instance court to issue a decision recognising or on non-recognition
of the award of foreign arbitrators did not comply with the provisions in Chapter 35 and
Chapter 37 of this Code, other relevant provisions of Vietnamese law and international treaties
to which Vietnam is a member;

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 (b) The composition of the petition consideration council of the first instance court did not comply
with the provisions of Chapter 37 of this Code or there was another serious breach of the
proceedings which affects the legitimate rights and interests of the parties concerned.

6. The decision of the superior people's court takes effect from its date and may be protested according
to cassation or retrial procedures in accordance with this Code.

Article 463 Temporary suspension of enforcement, rescission of decision on recognition and permission
for enforcement of award of foreign arbitrators

1. As soon as a written notice of a foreign competent agency that it is currently considering a petition for
rescission or suspension of enforcement of an award of foreign arbitrators is received from the
parties concerned or the Ministry of Justice, the [Vietnamese] court which issued the decision
recognising and permitting enforcement in Vietnam of such award must request that the head of the
civil judgement enforcement agency make a decision temporarily suspending enforcement of such
award.

As soon as the request is received from the [Vietnamese] court, the head of the civil judgement
enforcement agency makes a decision temporarily suspending enforcement of such award and
sends same to the court which issued the decision recognising and permitting enforcement in
Vietnam of such award, and at the same time, to the parties concerned and people with related rights
and obligations.

The head of the civil judgement enforcement agency may apply necessary measures to ensure
resumption of enforcement of the award of foreign arbitrators in accordance with the law on civil
judgement enforcement upon request of the agency, organization or individual being the enforcee.

2. As soon as a written notice is received from a foreign competent agency that it has rescinded or
suspended enforcement of an award of foreign arbitrators, the [Vietnamese] court which issued the
decision recognising and permitting enforcement in Vietnam of such award issues a decision
revoking the previous decision and sends the new decision to the parties concerned, people with
related rights and obligations and the civil judgement enforcement agency.

As soon as the decision is received from the court, the head of the civil judgement enforcement
agency makes a decision suspending enforcement of the award of foreign arbitrators.

PART VIII

Procedures for Resolution of Civil Affairs with a Foreign Element

CHAPTER XXXVIII

General Provisions On Procedures For Resolution Of Civil Affairs With A Foreign Element

Article 464 Principles of application

1. This Part stipulates the authority and procedures for resolving civil affairs with a foreign element;
where this Part is silent, other relevant provisions of this Code shall apply for resolution.

2. A civil affair with a foreign element is a civil affair in one of the following cases:

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 (a) At least one of the participating parties is a foreign individual, agency or organization;

(b) The participating parties are all Vietnamese citizens, agencies or organizations, but the
establishment, change, performance or termination of such relationship occurred in a foreign
country;

(c) The participating parties are all Vietnamese citizens, agencies or organizations, but the subject
of such civil relationship is in a foreign country.

3. Judicial assistance activities in civil proceedings are performed in accordance with the Law on
Mutual Legal Assistance.

Article 465 Litigation rights and obligations of foreigners, foreign agencies and organizations, branches
and representative offices in Vietnam of foreign agencies and organizations, international
organizations, representative offices of international organizations in Vietnam, and foreign
States

1. Foreigners, foreign agencies and organizations, international organizations and representative offices
of international organizations have the right to take legal action at a Vietnamese court to request that
their legitimate rights and interests be protected upon infringement or a dispute.

Branches and representative offices in Vietnam of foreign agencies and organizations when
authorized may take legal action at a Vietnamese court to request that the legitimate rights and
interests of the authorizing foreign agencies and organizations be protected upon infringement or a
dispute.

2. Upon participating in civil proceedings, foreigners, foreign agencies and organizations, branches and
representative offices in Vietnam of foreign agencies and organizations, international organizations,
representative offices of international organizations in Vietnam, and foreign States have the same
litigation rights and obligations as those of Vietnamese citizens, agencies and organizations.

3. The State of Vietnam may apply the principle of reciprocity to restrict corresponding rights in civil
proceedings of foreigners, foreign agencies and organizations, branches and representative offices in
Vietnam of foreign agencies and organizations where a court of such foreign country has restricted
rights in civil proceedings of Vietnamese citizens, agencies and organizations, or branches and
representative offices overseas of Vietnamese agencies and organizations.

Article 466 Civil legal litigation capacity and capacity for civil legal litigation acts of foreigners

1. Civil legal litigation capacity and capacity for civil legal litigation acts of foreigners are determined as
follows:

(a) As prescribed by the law of the country of nationality of the foreigner; as prescribed by the law
of the country where a foreigner resides if such foreigner has no nationality; or as prescribed
by Vietnamese law if the foreigner with no nationality resides permanently in Vietnam;

(b) As prescribed by the law of the country where a foreigner is a national and resides if such
foreigner has more than one foreign nationality.

Where a foreigner has more than one foreign nationality and resides in a country where he or
she is not a national, as prescribed by the law of the country where the foreigner has been a
national for the longest duration.

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 (c) As prescribed by Vietnamese law if a foreigner has more than one nationality and one of those
nationalities is Vietnamese; or the foreigner has a permanent or temporary residence card in
Vietnam.

2. A foreigner may be recognized as having civil legal litigation capacity at Vietnamese courts if he or
she does not have civil legal litigation capacity under foreign law, but does have it under Vietnamese
law.

Article 467 Civil legal litigation capacity of foreigners, foreign agencies and organizations, branches and
representative offices in Vietnam of foreign agencies and organizations, international
organizations, representative offices of international organizations in Vietnam, and foreign
States

1. The civil legal litigation capacity of a foreign agency or organization is determined in accordance with
the law of the country where such agency or organization was established.

The civil legal litigation capacity of a branch or representative office in Vietnam of a foreign agency or
organization is determined in accordance with Vietnamese law.

2. The civil legal litigation capacity of an international organization or a representative agency of an

international organization is determined based on the international treaty being the basis to establish
such organization, operational rules of the international organization, or international treaties to which
Vietnam is a member.

Where an international organization declares its waiver of preferential rights or immunity rights, the
civil legal litigation capacity of such international organization is determined in accordance with
Vietnamese law.

Article 468 Protection of legitimate rights and interests of parties concerned being foreigners, foreign
agencies and organizations, branches and representative offices in Vietnam of foreign
agencies and organizations, international organizations, representative offices of international
organizations in Vietnam, and foreign States

Parties concerned being foreigners, foreign agencies and organizations, branches and representative
offices in Vietnam of foreign agencies and organizations, international organizations, representative offices
of international organizations in Vietnam, and foreign States participating in litigation at Vietnamese courts
have the right to protect their legitimate rights and interests by themselves or with the help of lawyers or
other people in accordance with Vietnamese law.

Article 469 General jurisdiction of Vietnamese courts in resolution of civil affairs with a foreign element

1. Vietnamese courts have jurisdiction to resolve civil affairs with a foreign element in the following
circumstances:

(a) The respondent is an individual who resides, works or lives on a long term basis in Vietnam;

(b) The respondent is an agency or organization with its head office in Vietnam, or an agency or
organization with a branch or representative office in Vietnam with respect to cases relating to
the operation of such branch or representative office;

(c) The respondent has property in the territory of Vietnam;

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 (d) In a divorce case, the claimant or respondent is a Vietnamese citizen, or the parties concerned
are foreigners residing, working or living on a long term basis in Vietnam;

(dd) In a civil relationship case, such relationship was established, changed or terminated in
Vietnam, the subject of such relationship is property in the territory of Vietnam, or work
performed in the territory of Vietnam;

(e) In a civil relationship case, such relationship was established, changed or terminated outside
the territory of Vietnam but is related to rights and obligations of Vietnamese agencies,
organizations or individuals, or [the parties concerned] have their offices or residences in
Vietnam.

2. Upon determination of the jurisdiction of Vietnamese courts in accordance with this Chapter, the court
shall apply the provisions in Chapter 3 of this Code to determine the jurisdiction of a specific court to
resolve a civil affair with a foreign element.

Article 470 Specific jurisdiction of Vietnamese courts

1. The following civil cases with a foreign element fall under the specific jurisdiction of Vietnamese
courts:

(a) A civil case involving rights over property being real property in the territory of Vietnam;

(b) A divorce case between a Vietnamese citizen and a foreign citizen, or a person of no
nationality, if both of them reside, work or live on a long term basis in Vietnam;

(c) Other civil cases where the parties may select Vietnamese courts for resolution in accordance
with Vietnamese law or an international treaty to which Vietnam is a member, and the parties
agreed to select a Vietnamese court.

2. The following civil matters with a foreign element fall under the specific jurisdiction of Vietnamese
courts:

(a) Requests not involving a dispute arising from a civil legal relationship prescribed in clause 1 of
this article;

(b) Request to determine that a legal event occurred in the territory of Vietnam;

(c) Declaration that a Vietnamese citizen or a foreigner residing in Vietnam is missing or dead if
such declaration is related to the establishment of their rights and obligations in the territory of
Vietnam, except where otherwise prescribed by an international treaty to which Vietnam is a
member;

(d) Declaration that a foreigner residing in Vietnam has restricted capacity for civil acts or has lost
capacity for civil acts if such declaration is related to the establishment of their rights and
obligations in the territory of Vietnam;

(d) Recognition of property in the territory of Vietnam as having no owner, or recognition of

ownership by a person currently managing property without an owner in the territory of
Vietnam.

Article 471 No change to jurisdiction of court

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A civil affair with a foreign element which has been accepted for jurisdiction in accordance with the
provisions on authority of this Code must continue to be resolved by such court even where during the
process of resolution, there have been changes to the nationality, residence or address of the parties
concerned, or there are new details which make such civil affair fall under the jurisdiction of another
Vietnamese court, or of a foreign court.

Article 472 Return of statements of claim or petitions, or suspension of resolution of civil affairs with a
foreign element where there has been an arbitration agreement, agreement to select a foreign
court, or resolution has been carried out by a foreign court, arbitrators or another foreign
competent agency, or where the parties concerned are entitled to judicial immunity

1. A Vietnamese court must return a statement of claim or a petition, or suspend resolution of a civil
affair with a foreign element if such civil affair is subject to the general jurisdiction of Vietnamese
courts, but falls under one of the following circumstances:

(a) The parties concerned have the power to select a dispute resolution method in accordance
with the applicable law to civil relationships with a foreign element, and have selected a foreign
court or arbitrators to resolve such case.

Where the parties replace their agreement to select a foreign court or arbitrators with an
agreement to select a Vietnamese court, or the agreement to select a foreign court or
arbitrators is invalid or unenforceable, or the foreign court or arbitrators reject jurisdiction of the
petition, Vietnamese courts still have jurisdiction for resolution;

(b) Cases not subject to specific jurisdiction of Vietnamese courts as prescribed in article 470 of
this Code and cases subject to specific jurisdiction of a relevant foreign court;

(c) Cases not subject to specific jurisdiction of Vietnamese courts as prescribed in article 470 of
this Code which have been accepted for jurisdiction by a foreign court or arbitrators;

(d) A case which has been resolved by a judgement or decision of a foreign court or an award of
arbitrators.

Where a judgement or decision of a foreign court, or an award of arbitrators is not recognized

by Vietnamese courts, Vietnamese courts still have the jurisdiction to resolve such case;

(dd) The respondent is entitled to judicial immunity.

2. In the case of return of a petition or suspension of resolution of a civil affair with a foreign element as
prescribed in clause 1 of this article, amounts advanced for court fees and charges are dealt with in
accordance with this Code.

Article 473 Request to provide personal information and identification of address of the parties concerned
in a foreign country

1. The claimant or petitioner must state in full the full name, address and nationality of the parties
concerned in a foreign country in the statement of claim or petition, accompanied by documents and
materials certifying the full name, address and nationality of such parties concerned.

Where the full name, address and nationality of the parties concerned in a foreign country are not
fully stated, or any of the above contents are omitted, additions must be made during the time-limit
fixed by the court, failing which the statement of claim or petition shall be returned by the court.

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2. Where it is not possible to identify the address of the parties concerned in a foreign country, the
claimant or petitioner may petition that a Vietnamese court request a foreign competent agency
identify the address of the parties concerned, or may petition that a competent agency search for a
person missing from his or her residence, or petition that a Vietnamese court or a foreign competent
agency declare that a person concerned is missing or dead in accordance with Vietnamese law, the
foreign law, or an international treaty to which Vietnam is a member.

Where a foreign competent agency replies to a Vietnamese court that the address of a foreign party
concerned is unidentifiable, or fails to reply within six months, the court shall return the statement of
claim or petition.

Article 474 Methods for service and notice of legal process of court to parties concerned in a foreign
country

1. A court shall perform service and notice of legal process of the court by one of the following methods:

(a) According to the methods prescribed in an international treaty to which Vietnam is a member;

(b) By the diplomatic route with respect to the parties concerned residing in a country where there
is no international treaty to which such country and Vietnam are both members;

(c) By postal services to the address of the parties concerned in a foreign country, provided that
the law of such country consents to such method of service;

(d) By postal services to the representative agency of Vietnam abroad for service to the parties
concerned being overseas Vietnamese citizens;

(dd) With respect to a foreign agency or organization with a representative office or branch in
Vietnam, service may be performed via their representative office or branch in Vietnam in
accordance with this Code;

(e) By postal services to the legal representative or authorized representative in Vietnam of the
parties concerned in a foreign country.

2. The methods of service prescribed in clauses 1(a) and 1(b) of this article are performed in
accordance with the law on mutual legal assistance.

3. Where the methods of service prescribed in clause 1 of this article are performed with no success,
the court shall make a public display at the office of the representative agency of Vietnam abroad, the
court currently resolving the case, or the final residence of the parties concerned in Vietnam within a
time-limit of one month, and announce on the website of the court (if any) or the website of the
representative agency of Vietnam abroad; where necessary, the court may make an announcement
on the channel for foreigners of the central radio station or television station three times on three
consecutive days.

Article 475 Collection of evidence abroad

The court carries out collection of evidence abroad by one of the following methods:

1. As prescribed in articles 474.1(a) and 474.1(b) of this Code.

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2. Requesting by postal services that the parties concerned who are Vietnamese citizens currently
residing abroad send documents, materials and evidence to the Vietnamese court.

Article 476 Notice on acceptance of jurisdiction, and opening date of meeting session or hearing session

1. The court must send a notice accepting jurisdiction of a case, which specifies the time and location
for opening the meeting session to check the delivery, submission, access and public [disclosure] of
evidence and conciliation (hereinafter referred to as the conciliation meeting), re-opening a
conciliation meeting, opening a hearing session and re-opening a hearing session in the written
notice accepting jurisdiction of the case to the parties concerned in a foreign country.

2. The time-limit for opening a hearing session or conciliation meeting is determined as follows:

(a) A conciliation meeting must be opened no earlier than six months and no later than eight
months from the date of the written notice accepting jurisdiction of the case. The re-opening
date of the conciliation meeting (if any) is fixed at a date no later than one month from the
opening date of the conciliation meeting;

(b) A hearing session must be opened no earlier than nine months and no later than twelve (12)
months from the date of the written notice accepting jurisdiction of the case. The re-opening
date of the hearing session (if any) is fixed at a date no later than one month from the opening
date of the hearing session, except in the case prescribed in article 477.4 of this Code.

3. The court must send a notice accepting jurisdiction over a civil matter, which specifies the time and
location for opening the meeting session and re-opening the meeting session for resolution of a civil
matter in such written notice accepting jurisdiction to the parties concerned in a foreign country.

A meeting session must be opened no earlier than six months and no later than eight months from
the date of the written notice accepting jurisdiction of the civil matter. The re-opening date of the
meeting session for resolution of the civil matter (if any) is fixed at a date no later than one month
from the opening date of the first meeting session.

Article 477 Dealing with result of service of legal process of court to the parties concerned in a foreign
country and result of request for foreign competent agency to collect evidence

The court shall deal with the result of service or result of collection of evidence abroad upon receipt on a
case by case basis as follows:

1. No conciliation meeting shall be opened where the result of service by one of the methods prescribed
in article 474.1 of this Code has been received, the parties concerned have provided all testimonies,
documents and evidence, and the civil case is one for which no conciliation may be performed as
prescribed in article 207 of this Code;

2. The conciliation meeting is postponed if notice has been received that service has been completed,
but on the opening date of the conciliation meeting, the court still has not received testimonies,
documents and evidence from the parties concerned and they have not requested to be absent at the
conciliation meeting. If the parties concerned in a foreign country are still absent on the re-opening
date of the conciliation meeting, the court shall determine that no conciliation may be performed in
this case.

3. The court shall postpone a hearing session in the following cases:

(a) The parties concerned in a foreign country request that the hearing session be postponed for

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 the first time;

(b) The parties concerned in a foreign country are absent at the first hearing session, except
where they have filed a petition for hearing in absentia;

4. The court shall postpone a hearing session where it does not receive a written notice on the result of
service, or testimonies, documents or evidence from the parties concerned in a foreign country, and
on the re-opening date of the hearing session, the parties concerned in a foreign country are absent
and have not filed a petition for hearing in absentia. As soon as a hearing session is postponed, the
court sends a written request to the Ministry of Justice or the representative agency of Vietnam
abroad to notify service of legal process of the court to the parties concerned in a foreign country in
the case the court performed service via such agency by one of the methods prescribed in articles
474.1(a), (b) and (d) of this Code.

Within a time-limit of one month from the date of receipt of the document from the court, the
representative of Vietnam abroad must inform the court of the result of the service of legal process
on the parties concerned in a foreign country.

Within a time-limit of ten days from the date of receipt of the document from the court, the Ministry of
Justice must request in writing that the foreign competent authority respond on the result of
performance of judicial authorization.

Within a time-limit of five working days from the date of receipt of the document from the foreign
competent authority, the Ministry of Justice must respond to the court in writing.

If no written response is received within three months from the date the document of the court was
forwarded to the foreign competent authority, the Ministry of Justice must notify the court thereof as
the basis for resolution of the case.

5. The court shall hear [the case] in the absence of the parties concerned in a foreign country in the
following cases:

(a) The court has received the result of service by one of the service methods prescribed in article
474.1 of this Code, the parties concerned have provided testimonies, documents and evidence
in full, and the parties concerned requested that the court hear the case in their absence;

(b) The court has carried out the measures prescribed in article 474.3 of this Code;

(c) The court has not received a notice from a competent authority as prescribed in clause 4 of
this article on the result of service on the parties concerned in a foreign country.

6. If the court receives a written notice on failure of service due to an incorrect name or address of the
parties concerned, or change of address of the parties concerned without the new address being
known, it shall deal with the matter as follows:

(a) The court requests that the claimant and relatives in Vietnam of the parties concerned in a
foreign country (if any) provide the correct address or new address of the parties concerned in
the foreign country. The court continues to serve notice of acceptance of jurisdiction on the
parties concerned in the foreign country at the address provided by the claimant or relatives in
Vietnam of such parties;

(b) If the claimant or relatives in Vietnam of the parties concerned in the foreign country fail to
provide or the relatives in Vietnam of the parties concerned refuse to provide the correct

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 address or new address of the parties concerned in the foreign country, or if such parties
concerned do not have relatives in Vietnam, the court shall issue a decision suspending
resolution of the case. At the same time, the court shall explain to the petitioner its right to
request that the court announce a search of the parties concerned who are absent from their
residence, or to request that the court declare the parties concerned are missing or dead;

(c) Where the claimant is a Vietnamese citizen requesting a divorce with a foreigner currently
residing abroad and cannot provide the correct full name, address or new address of the
foreigner as requested by the court, and 3 the claimant, their relatives or Vietnamese or foreign
competent agencies have sought verification of the information on and address of such
foreigner without success, the claimant requests that the court announce same on the website
of the court (if any) or the website of the representative agency of Vietnam abroad; where
necessary and at the request of the claimant, the court may make an announcement on the
channel for foreigners of the central radio station or television station three times on three
consecutive days.

In this case, the court is not required to re-serve legal process on the parties concerned in the
foreign country. Upon expiry of the time-limit of one month from the date the announcement is
posted, the court shall carry out the hearing in the absence of the parties concerned.

Article 478 Recognition of documents and materials sent by foreign agencies, organizations and
individuals to Vietnamese courts

1. Vietnamese courts recognize documents and materials prepared, issued or certified by foreign
agencies, organizations and individuals in the following cases:

(a) Notarized or certified documents, materials and Vietnamese translations which have been
consularized;

(b) Such documents and materials are exempted from consularisation in accordance with
Vietnamese law or an international treaty to which Vietnam is a member.

2. Vietnamese courts recognize documents and materials prepared by individuals residing abroad in the
following cases:

(a) Documents and materials prepared in a foreign language which have been translated into
Vietnamese and legally notarized or certified in accordance with Vietnamese law;

(b) Documents and materials prepared abroad which are notarized or certified in accordance with
foreign law and which have been consularized;

(c) Documents and materials prepared by Vietnamese citizens abroad in Vietnamese which are
signed by the person preparing same, and which have been notarized or certified in
accordance with Vietnamese law.

Article 479 Time-limit for appeal against judgement or decision of court hearing civil case with a foreign
element

1. The parties concerned present in Vietnam have the right to appeal a judgement or decision of a court
within the time-limit prescribed in article 273 of this Code.

3
Allens note: The literal translation is "even though"

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2. In respect of parties concerned residing abroad and not present at the hearing session, the time-limit
for appeal against a judgement or decision of the court is one month from the date the judgement or
decision is duly served, or from the date the judgement or decision is duly displayed in accordance
with law.

3. Where the court heard the case in the absence of the parties concerned in a foreign country as
prescribed in article 477.5(c) of this Code, the time-limit for appeal is twelve (12) months from the
date the judgement is pronounced.

Article 480 Service and notice of legal process and dealing with result of service and notice of legal
process of appeal court to the parties concerned abroad

The appeal court performing service and notice of legal process shall deal with the result of service and
notice of legal process on the parties concerned abroad in accordance with articles 474, 476 and 477 of this
Code.

Article 481 Determination and supply of foreign law for application by court in resolution of civil affairs with
a foreign element

Where a Vietnamese court applies a foreign law to resolve a civil affair with a foreign element in
accordance with Vietnamese law or an international treaty to which Vietnam is a member, the responsibility
to determine and supply the foreign law is performed as follows:

1. Where the parties concerned have the right to select a foreign law as the applicable law and have
selected such foreign law for application, they have the obligation to supply such foreign law to the
court currently resolving the civil affair. The parties concerned are responsible for the accuracy and
legality of the foreign law so supplied.

Where the parties concerned fail to agree on a foreign law or where necessary, the court requests
that the Ministry of Justice, the Ministry of Foreign Affairs or the representative agency of Vietnam
abroad, or through the Ministry of Foreign Affairs request that the foreign diplomatic representative
agency in Vietnam supply the foreign law;

2. Where Vietnamese law or an international treaty to which Vietnam is a member stipulates that a
foreign law must apply, the parties concerned have the right to supply the foreign law to the court, or
the court requests that the Ministry of Justice, the Ministry of Foreign Affairs or the representative
agency of Vietnam abroad supply the foreign law;

3. The court may request that an agency, organization or individual with expertise in a foreign law
supply information on such foreign law;

4. If there is no result within the time-limit of six months from the date the court requests the supply of a
foreign law in accordance with this article, the court shall apply Vietnamese law for resolution of such
civil affair.

PART IX

Enforcement of Civil Judgements and Decisions of the Court

CHAPTER XXXIX

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 Enforcement of Judgements and Decisions of the Court

Article 482 Judgements and decisions of the Court to be executed

1. Judgements and decisions of the Court which will be executed are legally enforceable judgements
and decisions, comprising:

(a) Judgements and decisions or part of any judgement or decision of the Court of first instance
which is not being appealed or protested against in accordance with the appeal proceedings;

(b) Judgements and decisions of the appeal Court;

(c) Decisions of the Court on the basis of judicial review or new trial; and decisions of the Judicial
Council of the Supreme People's Court stipulated in article 360 of this Code;

(d) Legally enforceable civil judgements and decision of foreign courts and foreign arbitration
awards which are recognized by a Court of Vietnam and permitted to be enforced in Vietnam.

2. The following judgements and decisions of the court of first instance shall be enforced immediately
even though they may be appealed or protested against:

(a) Judgements and decisions on support, payment of remuneration to any employee, re-
employment of any employee, payment of wages, payment of retrenchment allowances,
payment of working capacity loss allowances, payment of allowances for loss of work, social
insurance, unemployment insurance, health insurance or payment of compensation for loss
and damage [caused by harm] to life, health and mental suffering of citizens; and decisions on
the legality of a strike;

(b) Decisions to grant preliminary injunctive relief.

Article 483 Noting and explaining the right to petition the enforcement of a civil judgement

1. Where a judgement or decision of the Court contains a decision which will be executed in
accordance with article 482 of this Code, the items regarding the right to petition the enforcement of a
judgement, obligations for legal enforcement and the time-limit for lodging a petition for legal
enforcement must be specified in the decisions in the judgement or decision of the Court.

2. Upon making a judgement or decision, the Court shall explain clearly the right to petition, obligations
for legal enforcement and the time-limit for lodging a petition for legal enforcement as stipulated by
the Law on Civil Judgement Enforcement to the concerned parties.

Article 484 Issuance of a judgement or decision of the Court

Where a judgement or decision of the Court falls under the cases of enforcement stipulated in article 482 of
this Code, the Court which made such judgement or decision shall issue such judgement or decision with a
note "for enforcement" to the judgement creditor and judgement debtor.

Article 485 Time-limit for forwarding a judgement or decision

1. The Court which made a judgement or decision prescribed in article 482.1 of this Code shall forward
such judgement or decision to the competent agency for civil judgement enforcement within a period
of one month from the date on which such judgement or decision is legally enforceable, unless
otherwise stipulated by law.

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2. The Court which made a judgement or decision prescribed in article 482.2(a) of this Code shall
forward such judgement or decision to the competent agency for civil judgement enforcement within
a period of fifteen (15) days from the date on which it made such judgement or decision.

3. The Court which made a decision to grant preliminary injunctive relief or decision on the legality of a
strike shall forward such decision to the competent agency for civil judgement enforcement
immediately after it makes such decision.

.4. Where the competent agency has attached or temporarily impounded assets or impounded physical
evidence or other data relating to the enforcement of a judgement, upon forwarding a judgement or
decision, the Court must enclose a copy of the record of attachment or temporary impoundment of
related physical evidence, assets and other data.

Article 486 Clarification and amendments to a judgement or decision of the Court

1. The judgement creditor, the judgement debtor and any person with rights or obligations relating to the
enforcement of a judgement or decision of the Court and the agency for legal enforcement have the
right to request in writing the Court which made the judgement or decision to clarify or amend any
unclear items in the judgement or decision for enforcement.

2. The judge who issued the decision or the presiding judge is responsible for clarifying or amending
any unclear items in the judgement or decision of the Court, but where he or she no longer is a judge
of the Court, the Chief Justice of such Court shall be responsible for clarifying or amending the
judgement or decision of the Court.

3. Any judgment or decision of the Court shall be clarified on the basis of the trial transcript, the minutes
of meeting and the record of the deliberation on the judgement. Any amendment of the judgement or
decision shall be conducted in accordance with article 268 of this Code.

Article 487 Resolution of requests and proposals in respect of judgements and decisions of the Court

Where the agency for civil judgement enforcement lodges a proposal for review of a judgement or decision
of the Court in accordance with the procedures for judicial review or new trial, the competent Court shall
make a response within a period of three (3) months from the date of receipt of the proposal; and in
complex cases, this period for response shall not exceed four (4) months from the date of receipt of the
written proposal.

Article 488 Jurisdiction of the Court and procedures for consideration of exemption and reduction of the
obligation for legal enforcement in respect of income payable to the State budget

1. The jurisdiction of the Court to consider exemption or reduction of the obligation for legal
enforcement in respect of income payable to the State budget is determined as follows:

(a) The district people's Court where the head office of the agency for civil judgement enforcement
currently arranging the legal enforcement is located has jurisdiction to consider requests for
exemption or reduction of the obligation for legal enforcement in respect of income payable to
the State budget;

(b) The district people's Court has jurisdiction to consider in accordance with the appeal
proceedings decisions of the Courts on exemption or reduction of the obligation for legal
enforcement in respect of income payable to the State budget which are protested against by
the procuracy;

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 (c) The superior people's Court has jurisdiction to consider on the basis of new trial procedures
the legally enforceable decisions of the Courts on exemption or reduction of the obligation for
legal enforcement which are protested against, depending on its jurisdiction by territories.

2. The sequence and procedures for consideration of exemption or reduction of the obligation for legal
enforcement in respect of income payable to the State budget shall be carried out in accordance with
the Law on Civil Judgement Enforcement.

PART X

Dealing with Acts of Obstructing Civil Litigatory Activities;

Complaints and Denunciations in Civil Proceedings

CHAPTER XL

Dealing with Acts of Obstructing Civil Litigation Activities

Article 489 Deal with acts obstructing verification or collection of evidence by persons conducting
proceedings

Any individual who commits one of the following breaches may, depending on the nature and seriousness
of the breach, be subject to disciplinary action, administrative penalty or prosecution for criminal liability in
accordance with law:

1. Forging or destroying important evidence aimed at obstructing resolution of the case by the Court;

2. Refusing to give testimony or giving false testimony or providing an untruthful document upon
standing as a witness;

3. Refusing to give results of examination or to provide any data without any proper reason or providing
untruthful results of examination;

4. Intentionally interpreting untruthfully;

5. Failing to assign an individual to participate in the valuation council at the request of the Court without
any proper reason; or failing to participate in implementation of the duties of the valuation council
without any proper reason;

6. Obstructing on-the-spot inspection and evaluation, or examination or verification and collection of

other evidence by persons conducting proceedings as stipulated by this Code;

7. Deceiving, buying off, intimidating, compelling or using force in order to obstruct any witness from
standing as witness or to compel another person to give false witness;

8. Deceiving, buying off, intimidating, compelling or using force in order to obstruct any expert from
performing his or her duties or to compel any expert to produce any result [of examination] which is
inconsistent with the objective facts;

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9. Deceiving, buying off, intimidating, compelling or using force in order to obstruct any interpreter from
performing his or her duties or to compel any interpreter not to make a truthful, objective or correct
translation.

Article 490 Dealing with acts of intentional absence upon being summonsed by the Court

1. Any witness, interpreter or expert who has been properly summonsed by the Court but intentionally
refuses to appear before the Court or is intentionally absent from the trial or meeting without any
proper reason, and if his or her absence will obstruct the collection or verification of any evidence or
resolution of the matter, then such person shall be subject to an administrative penalty in accordance
with law.

2. In the case prescribed in clause 1 above, the Court has the right to issue a decision escorting a
witness to the trial or meeting, unless the witness is a mirror. The decision escorting a witness shall
specify the time and place where the decision is issued; full name and position of the person making
the decision; the full name, date of birth and place of residence of the witness; and the time and
place where the witness must be present.

3. The police authority shall have the duty of executing the decision of the Court to escort a witness.
The person who executes the decision escorting the witness must read out and explain the decision
to the escorted witness and prepare a record on the escort.

Article 491 Measures dealing with persons who violate court rules

1. Any person who violates court rules as stipulated in article 234 of this Code may, depending on the
nature and seriousness of the offence, be subject to an administrative penalty imposed by the
presiding judge in accordance with law.

2. The presiding judge has the right to issue a decision to expel the offender prescribed in clause 1
above from the courtroom. The police authority which has the duty of protecting the court or person
who has the duty of protecting order at the trial shall execute the decision of the presiding judge on
expulsion or temporary arrest of the person who causes disorder in the Court in accordance with
administrative procedures.

3. If a person violates the court rules and his or her act warrants prosecution for criminal liability, the
Court has the right to institute a criminal case in accordance with the law on criminal proceedings.

4. The provisions of this article shall also apply to any offender in a meeting of the Court.

Article 492 Dealing with acts of violating or infringing the solemnity and reputation of the Court, the
honour, dignity or health of persons conducting proceedings or other persons who perform
duties at the request of the Court

Any person who conducts an act of violating or infringing the solemnity and reputation of the Court, the
honour, dignity or health of persons conducting proceedings or other persons who perform duties at the
request of the Court shall, depending on the nature and seriousness of the offence, be subject to an
administrative penalty or prosecution for criminal liability in accordance with law.

Article 493 Dealing with acts of obstructing the issuance, delivery, receipt, service or notification of legal
process of the Court

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Any person who has conducted one of the following acts shall, depending on the nature and seriousness of
the offence, be subject to an administrative penalty or prosecution for criminal liability in accordance with
law:

1. Failing to carry out the issuance, delivery, receipt, service or notification of legal process of the Court
at the request of the Court without any proper reason;

2. Damaging the legal process of the Court which is delivered to such person for issuance, service or
notification at the request of the Court;

3. Falsifying the result of the service or notification of the legal process of the Court which has been
assigned to such person for implementation;

4. Obstructing the issuance, delivery, receipt, service or notification of legal process of the Court.

Article 494 Dealing with acts of obstructing representatives of agencies, organizations or individuals who
participate in proceedings at the request of the Court

Any person who has conducts the act of threatening, assaulting or taking advance of others dependence to
obstruct the representative of an agency, organization or individual from being present at the trial or
meeting upon being summonsed by the Court shall, depending on the nature and seriousness of the
offence, be subject to an administrative penalty or prosecution for criminal liability in accordance with law.

Article 495 Dealing with acts of failing to execute decisions of the Court on provide data or evidence to the
Court or telling untruthful news in order to obstruct the resolution of cases of the Court

1. Any agency, organization or individual who has failed to execute the decision of a Court on provision
of documents or evidence controlled or kept by such agency, organization or individual may be
subject an administrative penalty imposed by the Court in accordance with law.

2. Any person who has told untruthful news in order to obstruct the Court from resolving a case shall,
depending on the nature and seriousness of the offence, be subject to an administrative penalty or
prosecution for criminal liability in accordance with law.

Article 496 Dealing with acts of intervening in resolution of civil affairs

Any person who conducts the act of impacting by his or her influence in any way on the judge or a member
of the Council of Adjudicators resulting in the resolution of the matter not being objective or not in
accordance with the law shall, depending on the nature and seriousness of the offence, be subject to
disciplinary action, an administrative penalty or prosecution for criminal liability in accordance with law.

Article 497 Responsibilities of the procuracy when the Court institutes a criminal case

1. When the Court institutes a criminal case in accordance with clauses 3 and 4 of article 491 of this
Code, within a period of ten days from the date of issuance of the decision instituting a case, the
Court shall forward such decision and documents or evidence to substantiate the offence to the
competent procuracy.

2. The procuracy shall be responsible for considering and dealing with [the case] in accordance with the
Criminal Proceedings Code.

Article 498 Form of penalty, powers, sequence and procedures for imposition of penalty

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The forms of penalty, powers, sequence and procedures for imposition of an administrative penalty
applicable to acts of obstructing civil litigation activities shall be subject to the Law on Dealing With
Administrative Offences and the relevant laws.

CHAPTER XLI

Complaints and Denunciations in Civil Proceedings

Article 499 Decisions and acts in civil proceedings which may be complained against

1. Any agency, organization or individual has the right to lodge a complaint against a decision or act of
an agency or person conducting civil proceedings in such civil proceedings when there is any ground
to think that such decision or act is contrary to the law or violates the lawful rights and interests of the
complainant.

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

Article 500 Rights and obligations of complainants

1. A complainant has the following rights:

(a) To lodge itself or via his or her legal representative a complaint;

(b) To lodge a complaint at any time during resolution of the case;

(c) To withdraw the complaint at any time during resolution of the complaint;

(d) To receive written responses on acceptance of the complaint for resolution; and a decision on
resolution of the complaint;

(dd) To recover the lawful rights and interests which have been infringed and to be compensated for
any loss and damage in accordance with law.

2. A complainant has the following obligations:

(a) To lodge a complaint to the competent person for resolution;

(b) To present truthfully the matter, to provide information and documents to the person in charge
of resolution of the complaint; to be responsible before the law for his or her presentation and
for the provided information and documents;

(c) Not to abuse the right to lodge a complaint in order to obstruct litigation activities of the Court;

(d) To abide by the decision or act of a person conducting proceedings which is being complained
against by it, during the duration of the complaint;

(dd) To strictly abide by the legally enforceable decision resolving the complaint.

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Article 501 Rights and obligations of persons who are being complained against

1. A person who is being complained against has the following rights:

(a) To be informed of the grounds of the complaint lodged by the complainant; and to provide
evidence of the legality of the decision or act in the proceedings which is being complained
against;

(b) To receive the decision resolving the complaint regarding his or her decision or act in the
proceedings.

2. A person who is being complained against has the following obligations:

(a) To explain his or her decision or act in the civil proceedings which is being complained against;
to provide related information or documents upon request of the competent agency,
organization or individual;

(b) To strictly abide by the legally enforceable decision resolving the complaint;

(c) To compensate for any loss and damage, to carry out any return or remedy any consequence
caused by his or her illegal decision or act in civil proceedings in accordance with the law;

Article 502 Time-limit for lodging a complaint

The time-limit for lodging a complaint is fifteen (15) days from the date on which the complainant receives
or is aware of the decision or act that such person thinks is in breach of the law.

Where the complainant is unable to exercise his right to lodge a complaint within the time-limit stipulated in
this article due to an event of force majeure or objective obstacle, the period in which the event of force
majeure or objective obstacle exists shall not be included in the time-limit for lodging a complaint.

Article 503 Forms of complaint

A complaint shall be made in the form of an application. The complaint must specify the date, full name and
address of the complainant; the contents, reasons for the complaint and claim of the complainant and shall
be signed or fingerprinted by the complainant.

Article 504 Powers to resolve complaints against decisions or [litigation] acts of persons conducting
proceedings

1. The chief justice of the Court which is resolving the civil affair ha the power to resolve any complaint
regarding the decision or [litigation] act of a person conducting proceedings who is a judge, deputy
chief justice, verifier, court clerk or people's juror.

The chief justice of the Court at the immediately higher level has the power to resolve any complaint
regarding the decision or litigation act of the chief justice of the Court.

2. The chief prosecutor of the procuracy has the power to resolve any complaint regarding the decision
or act of a person conducting proceedings who is a prosecutor, controller or deputy chief prosecutor
of the procuracy.

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 The chief prosecutor of the procuracy at the immediately higher level has the power to resolve any
complaint regarding the decision or litigation act of the chief prosecutor of the procuracy.

3. Any complaint regarding the first decision of the chief justice of the Court and of the chief prosecutor
of the procuracy prescribed in clauses 1 and 2 above on resolution of the complaint shall be resolved
by the chief justice of the Court at the immediately higher level or the chief prosecutor of the
procuracy at the immediately higher level respectively.

Article 505 Time-limit for resolution of complaints

The time-limit for resolution of the first complaint shall be fifteen (15) days from the date on which the Court
or the procuracy receives the complaint. Where necessary, with respect to cases of a complex nature, such
time-limit may be extended but the extension shall not exceed fifteen (15) days from the expiry date of the
time-limit for resolution of the complaint.

Article 506 Contents of decision resolving a first complaint

1. The person who resolves the first complaint shall issue a written decision resolving the complaint, to
contain the following items:

(a) Date of the decision;

(b) Names and addresses of the complainant and the person who is being complained against;

(c) Contents of the complaint;

(d) Result of verification of the contents of the complaint;

(dd) Principles of law on which the complaint was resolved;

(e) Contents of the decision resolving the complaint.

2. The decision resolving the first complaint shall be forwarded to the complainant and concerned
individuals, organizations and agencies; and also to the procuracy of the same jurisdiction in the case
of the decision of the chief justice of the Court.

Article 507 Procedures for resolution of second complaints

1 Within five working days from the date on which the complainant receives the decision resolving the
first complaint, if the complainant disagrees with such decision, he or she shall have the right to lodge
a second complaint with the authorized person for resolution.

2. The complaint must be accompanied by a copy of the decision resolving the first complaint and
attached data.

The complaint shall specify the date of the complaint; full name of the complainant; the contents and
reasons for the complaint and shall be signed or fingerprinted by the complainant.

3. The decision resolving the second complaint shall contain the following items:

(a) The items prescribed in sub-clauses (a), (b), (c), (d) and (dd) of clause 1 of article 506 of this
Code;

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 (b) The result of resolution of the complaint by the person who resolved the first complaint;

(c) The finding on each specific issue in the contents of the complaint of the complainant and the
resolution by the person who resolves the second complaint;

4. The decision resolving the second complaint shall be forwarded to the complainant and concerned
individuals, organizations and agencies; and also to the procuracy of the same jurisdiction in the case
of the decision of the chief justice of the Court.

5. The decision resolving the second complaint shall be effective for enforcement.

Article 508 Resolution of complaints regarding examination activities in civil proceedings

Any complaint regarding examination activities in civil proceedings shall be resolved in accordance with the
law on judicial examination and [other] relevant laws.

Article 509 Persons having the right to lodge a denunciation

Any individual has the right to lodge a denunciation with any competent agency, organization or individual
regarding transgressions of the law by any person authorized to conduct legal proceedings which cause
loss and damage to, or threaten to cause damage to, interests of the State or the lawful rights and interests
of agencies, organizations or individuals.

Article 510 Rights and obligations of denunciators

1. A denunciator has the following rights:

(a) To lodge a denunciation with or denounce directly to any competent agency, organization or
individual;

(b) To request [the competent agency, organization or individual] to maintain confidentiality in

respect of his or her full name, address and autograph;

(c) To request [the competent agency, organization or individual] to notify the result of the
resolution of his or her denunciation;

(d) To request the competent agency, organization or individual to protect him or her from any
threat, victimization or revenge.

2. A denunciator has the following obligations:

(a) To present truthfully items of the denunciation;

(b) To specify his or her full name and address;

(c) To be responsible before the law for any untruthful denunciation.

Article 511 Rights and obligations of persons who are being denounced

1. A person who is being denounced has the following rights:

(a) To be notified of the contents of the denunciation;

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 (b) To provide evidence to substantiate that the contents of the denunciation are untruthful;

(c) To be entitled to the recovery of the infringed lawful rights and interests; restoration of honour
and compensation for any loss and damage caused by an untruthful denunciation;

(d) To request the competent agency, organization or individual to deal with the person who has
lodged an untruthful denunciation.

2. A person who is being denounced has the following obligations:

(a) To explain his or her act which is being denounced; to provide relevant information or
documents upon request of a competent agency, organization or individual;

(b) To strictly abide by the penalty decision of the competent agency, organization or individual;

(c) To compensate for any loss and damage, to make reimbursement or remedy any consequence
caused by his or her illegal civil litigation act in accordance with the law.

Article 512 Powers and time-limit for resolution of denunciations

1. The head of a competent agency is responsible for resolving any denunciation regarding a
transgression of the law by his or her authorized person conducting proceedings.

Where the person who is denunciated is the chief justice or deputy chief justice of the Court or a chief
prosecutor or deputy chief prosecutor of the procuracy, then the chief justice of the Court or the chief
prosecutor of the Procuracy at the intermediately higher level shall be responsible for resolving [the
relevant denunciation].

The time-limit for resolution of a denunciation shall not exceed two months from the date of
acceptance; with respect to complex cases, the time-limit for resolution may be longer but shall not
exceed three months.

2. Any denunciations regarding a breach of law and demonstrating signs of a crime shall be resolved in
accordance with the provisions of the Law on Criminal Proceedings.

Article 513 Resolution procedures for denunciations

The resolution procedures for denunciations shall be carried out in accordance with the provisions of the
law on denunciations.

Article 514 Responsibilities of persons authorized to resolve complaints and denunciations

1. Any competent agency, organization or individual shall, depending in its authority, be responsible for
receiving and promptly resolving [complaints and denunciations] in accordance with law; for dealing
strictly with the offenders; for taking necessary measures in order to prevent any potential damage;
and for ensuring that the decision on resolution shall be executed strictly, and shall be responsible
before the law for its decision.

2. Any person who is authorized to resolve complaints and denunciations but fails to resolve [such
complaint or denunciation] or is irresponsible in resolution or fails to resolve same in accordance with
law shall, depending on the nature and seriousness of the breach, be subject to disciplinary action or
prosecution for criminal liability; and must pay compensation for any loss and damage in accordance
with law.

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Article 515 Inspection of observance of the law in resolution of complaints and denunciations in civil
proceedings

The people's procuracy shall control the observance of the law in resolution of complaints and
denunciations in civil proceedings in accordance with law. The procuracy has the right to request or
propose the Court of the same jurisdiction and lower Courts, agencies, organizations and individuals
responsible [for resolution of complaints and denunciations] ensure that resolution of the complaints and
denunciations is grounded and legal.

CHAPTER XLII

Implementing Provisions

Article 516 Amendments and additions to a number of articles of the Labour Code 10/2012/QH13

1. Article 51 is amended as follows:

"Article 51 Jurisdiction to declare a labour contract to be invalid

The people's courts have the jurisdiction to declare a labour contract to be invalid."

2. Articles 223 to 232 and 234 of Section 5 of Chapter XIV of Labour Code 10/2012/QH13 are hereby
repealed.

Article 517 Effectiveness

1. This Code becomes effective from 1 July 2016, except for the following provisions of this Code which
are related to the provisions of the Civil Code 91/2015/QH13 and become effective from 1 January
2017:
(a) The provisions relating to the fact that a Court is not permitted to refuse resolution of civil
affairs for the reason that there are no provisions for application as stipulated in articles 4.2,
43, 44 and 45 of this Code;

(b) The provisions relating to any person who has difficulty in perceiving or controlling his or her
own acts;

(c) The provisions relating to the legal entity being a representative or guardian.

2. Code on Civil Proceedings 24/2014/QH11 as amended pursuant to Law 65/2011/QH12 no longer

effect from the effective date of this Code, except for the provisions of articles 159 and 192.1(b)
which continue to have effect up to the end of 31 December 2016.

This Code was passed by Legislature XIII of the National Assembly of the Socialist Republic of Vietnam at
its 10th session on 25 November 2015.
_____________________________________________________________________________________
Chairman of the National Assembly
NGUYEN SINH HUNG

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