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The Supreme People's Court of Vietnam: Benchbook Online

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PART THREE - RESOLUTION OF CIVIL LAWSUITS
	A. Procedure for resolving civil cases
		1. Procedure for resolving civil cases at court of first instance
			1.1. Receiving the petition initiating a legal action and accepting the civil case
			1.2. Preparing for hearing
				1.2.1. The Judge should collect evidence.
				1.2.2. The Judge should conduct conciliation and recognize the agreement of litigants
				1.2.3. The Judge should apply provisional measures
				1.2.4. The Judge should study and assess evidence
				1.2.5. Decisions in the preparation for hearing
				1.2.6. The Judge should temporarily suspend the resolution of the case
				1.2.7. The Judge should suspend the resolution of the case
				1.2.8. The Judge should decide to hear the case
			1.3. Trial of first instance
				1.3.1. Procedure for commencement of the trial
				1.3.2. Procedure for interrogation at the trial
				1.3.3. The Judge should ask whether the litigants have any request
				1.3.4. The Judge should listen to the presentation of the litigants
				1.3.5. The Judge should question each litigant about each issue
				1.3.6. Oral argument at the trial
				1.3.7. Deliberation of judgments
				1.3.8. Post-trial tasks
		2. Procedure for resolving civil cases
			2.1. The Judge should consider the legality of appeals and protests
			2.2. The Judge should prepare for appellate hearing
				2.2.1. The Judge should accept and deal with the case file for appellate hearing
				2.2.2. The Judge should consider issuing proceeding decisions during preparation for appellate hearing
			2.3. The Judge should consider the change, addition, or withdrawal of the appeal or protest, or where the plaintiff withdraws their petition for initiation of a legal action prior to the commencement of or during the appellate trial
			2.4. The Judge should summon participants in the proceedings
			2.5. Appellate trial and proceeding decisions.
			2.6. The Judge should consider whether the appellate trial shall be adjourned or continued.
			2.7. The Judge shall recognize the agreement of the parties at the appellate trial
			2.8. Order of presentation and oral argument at the appellate trial
			2.9. Rendering of the appellate judgment and decisions
			2.10. Appellate procedure with respect to a decision of the Court of first instance
		3. Procedure for review of legally enforceable judgments or decisions
			3.1. Procedure for the cassation review
				3.1.1. Nature of the cassation review
				3.1.2. Protest on the basis of judicial review
				3.1.3. Preparation for a trial of cassation review
				3.1.4. Procedure for a trial of cassation review
				3.1.5. Scope of cassation review
				3.1.6. Jurisdiction of the Judicial Review Panel
			3.2. Procedure for retrial
				3.2.1. Nature of retrial
				3.2.2. Protest on the basis of retrial
				3.2.3. Preparation and procedure for a retrial; scope of retrial
				3.2.4. Jurisdiction of the Retrial Panel
	B. PROCEDURE FOR RESOLVING CIVIL MATTERS
		1. Civil matters subject to jurisdiction of courts
			1.1. The Judge should determine civil requests
			1.2. The Judge should determine requests on marriage and family
			1.3. Requests on business and commerce
			1.4. Requests on labour
		2. General provisions on procedure for resolving civil matters
			2.1. Applicable laws
			2.2. Acceptance of civil matters
				2.2.1. Petitions
				2.2.2. The Judge must determine time limit for the request
				2.2.3. Jurisdiction to resolve a civil matter
			2.3. Preparation for considering the petition
			2.4. Participants in the meeting to resolve a civil matter
				2.4.1. Persons who resolve the civil matter
				2.4.2. Participation of representative of the Procuracy
				2.4.3. Presence of participants in the proceedings
			2.5. Procedure for conducting the meeting
			2.6. Appeal, protest, appellate procedure for civil matters
		3. Procedure for resolving a number of civil matters
			3.1. Procedure for resolving a request to declare a person as without capacity to perform civil actions or having limited capacity to perform civil actions
			3.2. Procedure for resolving a request to announce the search for a person that is absent from their residential place
			3.3. Procedure for resolving a request to declare a person missing
			3.4. Procedure for resolving a request to declare a person dead
	C. RESOLVING A NUMBER OF SPECIFIC CIVIL CASES
		1. Resolving a civil case of disputes over a contract for a loan
			1.1. Determining Time Limits
			1.2. Resolving a number of types of contracts for a loan
				1.2.1. Contracts for an interest-free loan
				1.2.2. Contracts for a loan with interest.
				1.2.3. Contracts for a loan offered by a bank or credit institution
				1.2.4. Contract for a loan with interest but without a fixed interest rate
				1.2.5. Dealing with mortgaged property
		2. Resolving a dispute over compensation for non-contractual damages
			2.1. Notes in respect of proceedings:
			2.2. Conditions where liability arises for compensation for non-contractual damages
			2.3. A number of principles
				2.3.1. Principles of compensation for damages
				2.3.2. Burden of proof of litigants in cases requesting compensation for damage
			2.4. Determining damages.
				2.4.1. Determining damage caused by harm to health.
				2.4.2. List of compensation amounts for damage caused by harm to health
				2.4.3. Determining damage resulting from loss of life
				2.4.4. Determining damage caused by harm to honour, dignity or reputation
			2.5. Compensation for damage in specific cases
				2.5.1. Compensation for damage caused by sources of extreme danger
				2.5.2. A number of cases already stipulated by the Civil Code
		3. Resolving civil cases on inheritance disputes
			3.1. To accept and notify of accepting the cases
				3.1.1. Immediately after receiving the dossier of the case, judge must check time-limits for initiation of a legal action
				3.1.2. Judges must check the jurisdiction for resolving the cases
				3.1.3. Judges must check other conditions for the acceptance of the inheritance cases
				3.1.4. Notification of acceptance of a case
			3.2. Collecting evidence
			3.3. Noted issues in inheritance cases
				3.3.1. Defining the legitimacy of the will
				3.3.2. Defining the heritance
				3.3.3. Provisions on part of a will be legally ineffective
				3.3.4. Some provisions on restriction of inheritance right
				3.3.5. Inherit in case having no marriage registration
		4. Resolving civil cases on dispute of house purchasing contract
			4.1. Common issues on procedures and law application
				4.1.1. On juricdiction
				4.1.2. Some instances on limitation of resolution
				4.1.3. Prescription
				4.1.4. Application of laws respective to the time of transaction
			4.2. Basic steps and some notes in resolving disputes on housing purchase contracts
				4.2.1. Determining validity of a contract
				4.2.2. Resolving disputes related to a valid housing purchase contract
				4.2.3. Identifying breaches of valid contracts and resolving such breaches
				4.2.4. Resolving an invalid housing purchase contract
				4.2.5. Resolving deposits in housing purchase contracts
		5. Resolving divorce cases
			5.1. Accepting the case and notifying of such acceptance
				5.1.1. Jurisdiction to resolve the case
				5.1.2. Conditions for accepting the case
				5.1.3. Notifying of acceptance of the case
			5.2. Gathering evidence
			5.3. Conciliation and preparation for hearing.
			5.4. Notes in resolving a divorce case
				5.4.1. Determining nature of marital relation
				5.4.2. Defining seperate property of husband, wife
				5.4.3. Division of house and land upon divorce
				5.4.4. Raising the children when divorcing
		6. Settlement of business, commercial disputrs
			6.1. Determination of the jurisdiction of the Court
			6.2. Instruction some Laws applicable in settlement of business and commercial disputes
				6.2.1. Settlement of commercial disputes
				6.2.2. Settlement of disputes in transportation of goods, passengers by railway, by road and inland waterway
				6.2.3. Settlement of disputes in transportation of goods, passengers by airway and seaway
				6.2.4. Settlement of disputes in investment, finance and banking
				6.2.5. Settlement of disputes in dealing shares, bonds and other valuable instruments
				6.2.6. Settlement of disputes in insurance
				6.2.7. Settlement of disputes in construction
		7. Resolving disputes on intellectual property right and technology transfer
			7.1. General provisions on application of laws
			7.2. Jurisdiction of People’s Courts
				7.2.1. Disputes under jurisdiction of the People’s Courts
				7.2.2. Jurisdiction of Courts of different levels
				7.2.3. The Judge should distinguish types of cases
			7.3. Notes in resolving a dispute on copyright
			7.4. Notes in resolving a case related to industrial property right
			7.5. Notes in resolving a case related to technology transfer
		8. Resolving labour disputes
			8.1. Individual labour disputes:
				8.1.1. Acceptance of Jurisdiction by the Court
				8.1.2. Preperation for trial.
				8.1.3. Some matters need to pay attention when resolving individual labour disputes
				8.1.4. Common labour cases
			8.2. Collective labour disputes
				8.2.1. Jurisdiction and procedure of resolving collective labour disputes
				8.2.2. Some matters need to pay attention when resolving collective labour disputes


Appendix - Legal references


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