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The Supreme People's Court of Vietnam: Benchbook Online

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1.3.4. The Judge should listen to the presentation of the litigants


Related legal documents
  • CPC (From Article 221 to Article 229)

  • Main tasks and practical skills:

    • The presiding Judge should ask whether the plaintiff, defendant or person having related rights and obligations who has the independent claim has any request for the alteration, addition or withdrawal of the whole or part of the petition for initiation of a legal action (by the plaintiff), the counter-claim (by the defendant), the independent claim (by the person having related rights and obligations lodging the independent claim.
    • The Judge should listen to the presentation of the litigants with respect to their requests in the order as provided in Article 221, 223, 224, 225, and 226 of the CPC.
    • The Trial Panel shall disclose the documents of the case, hear audio tapes and discs, watch video tapes and discs, or conduct an on-site examination of an item of evidence which is impossible to be brought to the trial, as provided in Articles 227, 228, and 229 of the CPC, except for the circumstance under Item 2 of Article 227 of the CPC.
    • The presiding Judge shall request the examiner to present the conclusion on the issue which has been examined. Where the examiner is absent from the trial, the presiding Judge shall pronounce the conclusion.
    • The presiding Judge shall question the witnesses in accordance with Article 226 of the CPC.
    • Upon completion of the interrogation at the trial, if the presiding Judge finds that the details of the case have been fully considered, the presiding Judge shall ask whether the Procurator, litigants, persons protecting the lawful rights and interests of the litigants, and other persons participating in the proceeding have any request. If any person has a request and such request is considered as well-grounded, the presiding Judge shall continue the questioning.