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STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
31-L/CTN
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Hanoi,
March 16, 1994
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ORDINANCE
ON PROCEDURE FOR SETTLEMENT OF ECONOMIC DISPUTES
To resolve legally, timely
economic disputes in order to protect the State interests, legitimate rights
and lawful interests of the juridical person and individual.
Pursuant to Article 91 of 1992 Constitution of the Socialist Republic of
Vietnam.
This Ordinance sets forth provisions concerning procedure for settlement of
economic disputes.
Chapter I
GENERAL PROVISIONS
Article 1. Right
to request the court to protect legitimate rights and lawful interests.
An individual, juridical person
subject to procedure prescribed by law have right to initiate economic active
in order to request the court to protect their legitimate rights and lawful
interests.
Article 2. Parties'
right to self-determination.
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Article 3. Duty
to prove
The parties have duty to provide
evidences and to prove their own interest.
Article 4. Identification,
collection of evidences.
When it is necessary, the court
may identify, collect evidences for the purpose of ensuring the dispute
resolution to be correct.
Article 5. Responsibility
of the court to apply peaceful mode of settlement.
During the process, the court
has responsibility to apply peaceful mode of settlement to allow the parties to
negotiate the dispute's settlement.
Article 6. Equality
of the parties' rights and duties.
The parties are equal in
respect to process's rights and duties.
Article 7. Public
trial
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Article 8. Language
of the trial
The language of the process
shall be Vietnamese. A process's participant has right to use the language of
his own nation.
Article 9. Delegation.
The parties may delegate a power
to lawyer or other person to represent them in the process.
Article 10.
Legal effect of the court's judgment, decision
The court's judgment, decision
on economic dispute after coming into legal force must be respected by the
state agencies, economic, social organizations, army unit and everyone; be
strictly implemented by the individual, agency, organization, who have duty to
do so.
Article 11.
Supervision of law implementation in the process
The People's Procuracy Office
shall supervise the law implementation in the process for settlement economic
disputes according to the law on organization of People's Procuracy Office and
this Ordinance.
Chapter II
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Article 12.
The economic disputes under court's jurisdiction.
The court has power to try the
following economic disputes:
1. Disputes arising from
economic contracts between juridical person and juridical person, between legal
person and individual who has registered business.
2. Disputes between company and
company's member, between company's members in respect to establishment,
operation, dissolution of the company.
3. Disputes relating to sale of
stocks, shares, bounds.
4. Other disputes according to
the law.
Article 13.
Jurisdiction of the courts at different level
1. The people's court of
district, town, cities under provincial authority (here after called district
court) shall originally try the disputes arising from economic contract and the
value of dispute is less than 50 million VND, except cases involving foreign
participation.
2. The People's court of
province, cities under central authority (here after called provincial court)
shall originally try economic disputes, stipulated in Article 12 of this
Ordinance, except cases belonging to district's jurisdiction. When it is
necessary, the provincial court may try economic disputes, which are under
jurisdiction of district court.
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The court, which shall have
authority to try originally economic disputes, shall be the court of the
defendant's place of office or residence; if the dispute is relating only to
real estate, it shall be tried by the court of place of real estate.
Article 15.
Jurisdiction of the court according to the plaintiff's choice.
The plaintiff has right to
choose the court for settlement of the dispute in the following cases.
1. If the defendant's place of
office or residence is unknown, the plaintiff may request the court of the
place, where the property, last defendant's office or residence are situated to
try the dispute.
2. If the dispute was arising
from the activities of the enterprise's branch, the plaintiff may request the
court of the place of enterprise's office or branch to settle the dispute.
3. If the dispute was arising
from the breach of economic contract, the plaintiff may request the court of
the place of contract implementation to settle the dispute.
4. If the defendants have different
places of office or residence, the plaintiff may request the court of the place
of office or residence of one of the defendant to settle the dispute.
5. If the dispute is relating
not only to the real property, the plaintiff may request the court of the
places where the real property, defendant's office or place of residence are
situated to settle the dispute.
6. If the dispute is relating
not only to the real property in different places, the plaintiff may request
the court of one of that places to settle the dispute.
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1. The court which has
registered the dispute must transfer the file to the competent court upon
finding out it's incompetence over this dispute.
2. The dispute on jurisdiction
shall be settled by direct higher court.
Chapter III
TRIAL PANEL. REPLACEMENT
OF THE JUDGE, ASSESSOR, PROCESS SECRETARY, PROSECUTOR, EXPERT WITNESS,
INTERPRETER
Article 17.
Trial panel
1. The trial panel for original
proceeding shall consist of two judges and one assessor.
2. The trial panel for appeal
proceeding shall consist of three judges.
3. The trial panel for review
proceedings conducted by Economic Court of the Supreme People's Court shall
consist of three judges.
4. The Judges' Committee and
Judges' council of the Supreme People's Court, Judges' Committee of the
provincial court in the review proceedings must have at least 2/3 of total
members to attend.
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Article 18.
Replacement of judge, assessor, prosecutor, process secretary, expert
witness, interpreter.
1. The judge. assessor must
refuse to conduct the process or be replaced, if:
a/ At the same time they are
party, party's representative or defender, party's relative, witness of the
process.
b/ They have taken part in the
same process as prosecutor, process secretary, expert-witness, interpreter.
c/ They have taken part in the
same process as judge, assessor, except members of Judge's Council, Judge's
Committee of the Supreme People's Court Judge's Committee of provincial court,
who are entitled to take part many time in the trial of one dispute according
to review proceedings.
d/ In one trial panel the judge,
assessor are relatives.
e/ There are grounds to believe
that they may be not impartial in the trial.
2. The prosecutor, process
secretary, expert witness, interpreter must refuse to take part in the process
or be replaced, if:
a/ Have taken part in the same
process at other level.
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Article 19.
The procedure and authority for replacement of judge, assessor, prosecutor,
process secretary, expert witness, interpreter.
1. Before opening of the
hearing, the replacement of the judge, assessor, process secretary, expert
witness, interpreter shall be decided by senior judge of the court; the
replacement of prosecutor shall be decided Chief f Procuracy office and the
replaced is Chief of Procuracy office.
2. At the hearing, the
replacement of the judge, assessor, process secretary, expert-witness,
interpreter shall be decided by the trial panel, after taking opinions of the
person, who is to be replaced. If there is no replacing person, the trial panel
shall delay the hearing;
When the trial panel found that
the prosecutor must be replaced, the hearing must be delayed. The appointment
of other prosecutor shall be decided by Chief of Procuracy office at the same
level or higher level.
Chapter IV
PROCESS PARTICIPANTS
Article 20.
Parties.
1. The individual, juridical
person who take part in the process, shall be plaintiff, defendant or person
whose right, duty are relating to the dispute.
2. A party-individual may
perform himself or delegate a power to other person to perform his rights and
duties in the process.
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Article 21.
Parties' rights and duties in the process.
1. The plaintiff has right to
modify his claim. The defendant is entitled to respond to the plaintiff's
claims or to give his claims concerning plaintiff's claims. The person whose
rights and duties are relating to the dispute, may have his independent claim
or take part in the process on the side of one of the parties.
2. The parties have rights:
a/ To give evidences, to know
the evidences given by other party.
b/ To request the court to apply
provisionally emergent measures.
c/ To take part in the trial.
d/ To request for replacement of
judge, assessors, prosecutor, process secretary, expert-witness, interpreter.
e/ To settle peacefully the
dispute.
f/ To discuss at the hearing.
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h/ To request authorized person to
protest the judgment, decision according to review proceedings.
3. The parties have duties:
a/ To provide fully, timely all
necessary evidences in respect to their claims.
b/ To be present according to
court summon. The defendant on whom have been served twice a summon but still
absent without reasonable causes may be fined by the court a sum of VND 50,000
up to VND 100,000.
c/ To observe strictly all rules
of the hearing.
Article 22.
Party's delegate.
1. The delegate is entitled to
perform a behaviors within the scope of delegation.
2. The delegation is the process
must be in writing.
Article 23.
Person who pleads parties' legal rights and interests.
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2. One person may plead legal
rights and interests of many parties in the same process, if their legal right
and interests are not contradictory.
3. A person who pleads parties'
legal right and interests shall be entitled:
a/ To take part in the process
from the beginning.
b/ To request for replacement of
judge, assessors, prosecutor, process secretary, expert-witness, interpreter,
stipulated in Chapter III of this Ordinance.
c/ To supply evidences,
requests, to read the file, to make a necessary copy from it.
4. The person who plead the
legal rights and interests of the parties shall leave duties to use process
rights according to laws for the purpose of getting the truth of the dispute.
Article 24.
Expert-witness.
1. When it is necessary, the
court at it's discretion or at the request of the parties calls for expertise,
Procuracy may at it's discretion or at the request of the parties calls for
expertise.
The expert-witness must be
present according to the summons of the court, Procuracy.
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3. A person who request for the
expertise or the court, Procuracy, which at their own request call for
expertise must pay in advance an expertise's fee.
A losing party shall be liable
for expertise fee, if the expertise's result is useful for solving the dispute.
If the expertise's results are not useful for solving the dispute, a person
requesting for expertise or the court, Procuracy, which at their own discretion
call for expertise, must be liable for the expertise's fee.
Article 25.
Witness.
1. A person, who knows any fact
relating to the dispute, may be summoned by the court, Procuracy as a witness.
The witness has duty to say honestly what he knows about the dispute and must
be liable for his words.
The witness must be present
according to the court's, procuracy's summon.
2. A person, who request the
court to summon a witness, must pay in advance expenses to witness.
The losing party shall be liable
for witness's expenses, if the witness's presentation is useful for solving the
dispute. If the witness's presentation is not useful for solving dispute, the
person who request for witness must be liable for witness's expenses.
Article 26.
Interpreter.
1. When any process participant
can not use Vietnamese, the court shall be liable for appointment of
interpreter.
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3. A losing party must be liable
for interpreter's expenses.
Article 27.
A heritage of process rights and duties.
1. If a party-individual has
been ceased but his rights and duties are inheritable, the inheritor shall take
part in the process.
2. If a party-juridical person
has been merged, spliced, dissolved, the individual, juridical person who
inherited rights and duties of former juridical person shall have process
rights and duties of that juridical person.
3. The inheritance of process
rights and duties may be accepted in any stage in the process of solving
economic dispute.
Article 28.
A participation of the people's Procuracy in the process.
1. During the process of solving
economic dispute, the Procuracy is entitled to take part from any stage of the
process, if it is necessary.
2. The court shall send to
Procuracy at the same level a copy of court's judgment, decision upon issuing
that documents; send to Procuracy the file of the dispute for consideration in
accordance with procedure for appeal, review at the request of the Procuracy.
Chapter V
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Article 29.
Court's fee.
The parties shall be liable for
court's fee depending on concrete kind of the dispute and based on their
benefit, level of guilty in the legal relation, resolved by the court. The Government
in collaboration with the Supreme People's Court shall determine court's fee.
Article 30.
A person pays advance of court's fee and a person is liable for court's fee.
1. The plaintiff must pay
advance of the court's fee.
2. The appellant shall pay an
advance of court's fee for appeal proceedings; the Procuracy, which protest the
court's judgment in accordance with appeal proceedings is not required to pay
in advance of court's fee for appeal proceedings.
3. The court shall determine the
parties' liability for court's fee.
4. When the petition has been
with drawn prior to the opening of the hearing, the plaintiff shall be repaid
50% of the advance of court's fee, paid by him. The parties' liability for
court's fee may be agreed by the parties, if it can not be agreed the court
shall determine.
5. If the process has been
suspended according to points a, c, d and e, item 1 of Article 39 of this
Ordinance, the advance of the court's fee shall go to the State budget.
6. If the process has been
temporarily suspended, the court's fee shall be determined after resumption of
the process.
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INITIATION AND
REGISTRATION OF THE CASE
Article 31.
Initiation of the case.
1. The plaintiff shall file a
petition for requesting the court to solve the economic dispute within 6 months
from the date on which the dispute was arisen, unless otherwise provided by the
law.
2. The petition must have the
following contents:
a/ Date of making petition.
b/ The court required to solve
the dispute.
c/ The names of the plaintiff,
defendant.
d/ The address of the defendant,
plaintiff; if the defendant's address is unknown, the address of the last
defendant's office or place of residence.
e/ The nature, value of the
dispute in summary.
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3. The petition must be signed
by the plaintiff or his representative.
Attached to the petition must be
documents proving the plaintiff's claims.
Article 32.
Rejection of the petition.
The court shall return the
petition in the following cases:
1. The plaintiff has no right to
initiate the case.
2. The time-limit for initiation
of the case is expired.
3. The dispute has been settled
by enforceable judgment or decision of the court or other competent agencies.
4. The dispute is beyond court's
jurisdiction.
5. The dispute has been agreed
before by the parties to be settled by the arbitration.
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If the court finds that the
dispute is under it's jurisdiction, it has to give a notice immediately to the
plaintiff. Within 7 days from the date of receiving of the notice, the
plaintiff has to pay advance of the court's fee according to law and the court
shall make an entry of the case on the day when the plaintiff gives documents
on payment of advance of the court's fee.
Chapter VII
PRE-TRIAL PREPARATION
Article 34.
Time-limit for pre-trial preparation.
1. Within 10 days from the date
of entry of the case, the court shall give notice to defendant and person whose
rights, duties are involved on the content of the petition.
Within 10 days from the date of
notice, the defendant and the person whose rights and duties are concerned must
send to the court their opinion in written form on the petition and other
documents with respect to solving dispute.
2. Within 40 days from the date
of entry of the case, the judge appointed to be chairman of the hearing has to
issue one of the following decisions:
a/ To hear the case.
b/ To suspend temporarily the
process.
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For complex disputes, the
duration mentioned above shall not be more than 60 days.
3. Within 10 days form the date
of decision to hear the case, the court has to open the hearing; in case with
reasonable causes, that duration shall not be more than 20 days.
If the Procuracy takes part in
the original hearing, after making decision to hear the case, the court should
send the file to the Procuracy at the same level for study within 5 days.
Article 35.
Identification, collection of evidences.
In the stage of pre-trial
preparation, if necessary the court may do itself or assign other court to
identify, collect evidences for the purpose of making clear all facts of the
dispute.
The court-assignee has duty to
perform immediately the assignment and inform the assigning court about
results. This identification and collection of evidences include:
a/ To request the parties to
provide, add evidences or to report all necessary issues.
b/ To request state agencies,
concerned organization, individuals to provide evidences necessary for the
solving of dispute.
c/ To request the witness to
provide all necessary matters.
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e/ To call for expertise.
f/ To request specialized
agencies to evaluate or to establish evaluation commission to evaluate the
dispute's property.
Article 36.
Amicable settlement.
1. Prior to the opening of the
hearing, the court shall conduct amicable settlement for the parties to agree
on the dispute's resolution.
2. The plaintiff, defendant,
person whose rights and duties are concerned must be present at the meetings
for amicable settlement.
3. When the parties could agree
on the dispute's resolution, the court shall make a protocol on amicable
agreement and issue a decision to recognize the parties' agreement and this
decision shall be enforceable.
In the case when the parties
failed to reach agreement, the court shall make a protocol on it and issue a
decision to open the hearing.
Article 37.
Decision to hear the case.
The decision to hear the case
shall have the following contents:
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2. The hearing shall be in
public or not.
3. Names of the parties, other
process participants.
4. The nature of the dispute.
5. Full names of the judge,
assessors, process secretary, and prosecutor, if any.
Article 38.
Temporary suspension of the process.
1. The court shall decide to
suspend temporarily the process in the following cases:
a/ a plaintiff-individual is
ceased, a plaintiff-juridical person is dissolved but the inheritor is not yet
available.
b/ Upon the expiry of the
time-limit for pre-trial preparation, but one party can not be present with
reasonable causes.
c/ Not yet find out the
defendant's address or the defendant ran away.
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e/ There is any entry of
bankruptcy petition make by any court with respect to enterprise which is
party to the process.
f/ During the process concerning
the enterprise found it insolvent; in this case the court must give notice to
creditors and other concerned bodies.
2. The court, shall resume the
process when the cause for suspension is over.
3. The decision on temporary
suspension of the process may be appealed, protested.
Article 39.
Suspension of the process.
1. The court shall suspend the
process in the following cases:
a/ The plaintiff-individual or
defendant-individual is ceased but his rights and duties are not inheritable,
juridical person is dissolved but there is no inheritor of it's process rights
and duties.
b/ The plaintiff withdraws the
petition.
c/ The plaintiff failed to come
after second summon.
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e/ The time-limit for initiation
of the case has been expired prior to the date of entry of the case.
f/ The dispute is not under the
court's jurisdiction.
g/ There is a court's decision
to commence the process for declaration of bankruptcy of enterprise, which is a
party to the process.
2. The decision on suspension of
the process may be appealed or protested except the case, stipulated in point
b, item 1 of this Article.
Article 40.
Sending of decision to hear the case.
Upon issuing the decision to
hear the case, the court must send the decision to the Procuracy office at the
same level, to the parties, persons whose rights and duties are concerned.
Chapter
VIII
PROVISIONAL EMERGENCY
MEASURES
Article 41.
Application of provisional emergency measures.
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The application of the
provisional emergency measures may be carried out at any stage of the process.
2. The request for application
of provisional emergency measures must be considered within 3 days from the
date of receiving the request. If it is accepted, the court shall issue
immediately decision to apply provisional emergency measures.
Article 42.
Provisional emergency measures
Provisional emergency measures
include:
1. To impose an arrest on dispute's
property, bank account;
2. To prohibit the parties,
other organizations, individuals from doing certain acts.
3. To allow to get in the
harvest and keep the products concerned.
4. To allow to sell the
spoilable products, goods.
Article 43.
Change or abolishment or the provisional emergency measures.
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2. The change or abolishment of
the provisional emergency measures shall be decided by the judge if it is prior
to the opening of the hearing and by the trial panel if it is in the hearing.
Article 44.
Complaint against the application of the provisional emergency measures.
1. The decision to apply the
provisional emergency measures shall be executed immediately.
2. The parties are entitled to
make complaint, Procuracy office is entitled to protest to the senior judge of
the court concerned against the decision to apply provisional emergency
measures.
Within 3 days from the date of
receipt of complaint, protest, the senior judge of the court concerned shall
consider and give answer.
Chapter IX
ORIGINAL HEARING
Article 45.
The participants.
The hearing shall be carried out
with presence of the parties or their representative. If the Procuracy office
need to take part in the hearing, the hearing shall be carried out with the
presence of prosecutor; if the presence of the witness, expert-witness,
interpreter can not be ignored, the hearing can only be carried out with their
presence.
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1. At the beginning, the
presiding judge shall declare the decision to hear the case, check the presence
and personal data of the summoned people and explain to them their rights and
duties at the hearing. If any summoned person is absent, the trial panel shall
decide to delay or continue the hearing.
2. The presiding judge shall
introduce the members of the trial panel, prosecutor, process secretary,
expert-witness, interpreter and explain to the process participants mentioned
in Article 20, 22 and 23 of this Ordinance the right to request for replacement
of any member of trial panel, prosecutor, process secretary, expert-witness,
interpreter. If there is any such request, the trial panel shall consider and
decide.
3. The presiding judge shall
explain to the expert-witness, interpreter about their rights and duties. These
persons shall undertake the fulfillment of the duties.
4. The witness shall undertake
to say the truth, if the witness may be influenced by the presentation of other
person, the presiding shall isolate the witness before his presentation.
5. The presiding shall ask the
parties or their representatives, prosecutor if it is necessary to provide
additional evidences or summon more witness. The trial panel shall consider and
decide, if there are any request.
Article 47.
Interrogatory at the hearing.
1. The trial panel shall
identify all facts of the dispute by listening the presentation of the
plaintiff, defendant, person whose rights and duties are concerned or the
parties' representatives, witness, expert-witness; look into the proofs.
2. During the interrogatory, the
trial panel shall give a question first, then the prosecutor, counsels for the
parties. The process participants are entitled to give a proposal to trial
panel the issues, which need to be questioned.
Article 48.
Debate at the hearing.
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Article 49.
Delay of the hearing.
1. The trial panel shall delay
the hearing, if:
a/ The parties are absent first
time with reasonable cause, the prosecutor is absent when the Procuracy office
requests for participation.
b/ The witness is absent bit it
is necessary to get his presentation or to check his presentation at the
hearing.
c/ The members of the trial
panel, prosecutor, process secretary, expert-witness, interpreter has been
replaced but the replacing is not yet available.
2. The hearing shall be carried
out, if the parties require the hearing without them or the parties other than
plaintiff, failed to be present after second summon.
Article 50.
Temporary suspension, suspension of the process at the hearing.
1. At the hearing, if the
plaintiff withdraws the petition, the trial panel shall decide to suspend the process.
If the parties peacefully settle the dispute, the trial panel shall issue a
decision to recognize their agreement. These decisions are enforceable.
2. At the hearing, if there are
any cases, prescribed in Article 38 of this Ordinance, the trial panel shall
make a decision to suspend temporarily the process or any cases, stipulated in
points a, c, d, e, f, item 1 of Article 39 of this Ordinance, shall make a
decision to suspend the process. These decisions may be appealed or protested.
The court shall resume the process when the causes for the temporary suspension
are over.
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The decision of the trial panel
must be discussed and approved by majority. In making a decisions there must be
a protocol recording all opinions discussed and approved by the trial panel.
Article 52.
Content of a judgment.
The content of a judgment shall
consist of:
1. Date and place of the
hearing.
2. Full names of the members of
trial panel, prosecutor, process secretary.
3. Names, addresses of the
parties, their representatives.
4. The parties' claims.
5. The facts, which have been
proved; the evidences, legal grounds based on which the court resolved the
case.
6. The decision of the court on
the dispute.
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8. The parties' right to appeal.
Article 53.
Declaration of the judgment.
The presiding judge shall
declare the whole judgment and be liable for explanation to the parties of
their rights to appeal and duty to obey the judgment.
Article 54.
Decisions and contents of the decisions.
1. The court shall make a
decision to settle the issues arising out from the process.
2. The making of decision prior
to the opening of the hearing shall be carried out by the judge appointed to be
presiding at the hearing. The making of decision at the hearing shall be
carried out by the trial panel.
3. The content of the decision
shall consist of:
a/ The court in charge; date of
making decision; names and addresses of the parties, other process
participants.
b/ The parties' claims.
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d/ The conclusion on the issues,
for which the decision is to be made.
e/ Certain legal acts which are
to be done by the individuals, organizations concerned.
f/ The parties' right to appeal.
Article 55.
Modification, addition to the judgment, decision.
The court is not entitled to
modify, add to the declared judgment, decision, except cases of mistake on
calculation, grammar and must give a notice immediately to the parties,
Procuracy office at the same level and other concerned individuals,
organizations.
Article 56.
Hearing's protocol.
1. All processes of the hearing
must be recorded in the hearing's protocol. The presiding judge shall check the
hearing's protocol and together with process secretary sign the protocol.
2. After 5 days from the date of
declaration of the judgment, the parties, their representatives or counsels are
entitled to read the hearing's protocol, to request for modification, addition
to the protocol. The presiding judge, process secretary and person who
requested for modification, addition to the protocol shall sign it. If the
request for modification, addition to the hearing's protocol has not been
accepted, they are entitle to give their comments in written, which shall be
attached to the file.
Article 57.
Delivery of a copy of the judgementor decision.
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2. If the parties have been
absent at the hearing, the court shall send immediately to them a summary of
the judgment or decision.
Article 58.
Measures applied for violation of the hearing order.
The violation of the hearing
order, depending on the concrete case may be warned, fined, forced to leave
the court room or arrested by the presiding judge.
The people's policemen are
guards and perform the orders of the presiding judge to force the violator of
the hearing order to leave the court room or arrest him.
Chapter X
APPEAL PROCEDURE
Article 59.
Right to appeal, protest.
1. The parties or their
representatives are entitled to appeal the court judgment, decision on
temporary suspension, suspension of the process made in original process in
order to request the court at higher level to try the case under appeal
procedure.
2. The Chief of Procuracy office
at the same level or higher level is entitled to protest the court judgment,
decision made in original process.
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1. The appellant has to lodge an
appeal; the Procuracy office shall protest in writing.
2. The appeal, protest must show
clearly:
a/ The part of the court's
judgment, decision of the original process being appealed, protested.
b/ The grounds for the appeal,
protest.
c/ The claims of the appellant,
protesting person.
Article 61 Time-limit
for appeal, protest.
1. The time-limit for appeal is
10 days from the date of declaration of the judgment, decision; if the parties
were absent at the hearing, from the date of receipt of the copy of the
judgment, decision or from the date on which the notice has been given at
commune People's Committee of their place of office or residence.
2. The time-limit for protest by
the Procuracy at the same level 10 days, by Procuracy office at higher level
is 20 days from the date of declaration of judgment, decision. If the
prosecutor has not taken part in the hearing, that time-limit shall commence
from the date of receipt of copy of judgment, decision by the Procuracy office.
3. If there are the objective
obstacles preventing the appeal, protest, the time-limit shall be 10 days from
the date when the obstacles are over.
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1. The appeal, protest shall be
lodged in the court which has tried the case originally.
2. Within 10 days from the date
when the appellant gives evidence for payment of advance of the court fee or
from the date of receipt of protest, the court of original trial has to send
the appeal, protest together with the file to the court of appeal.
Article 63.
Notice on appeal, protest.
Within 10 days from the date the
appellant gives evidence for payment of advance of the court fee, the court of
original trial has to give a notice on the appeal to the Procuracy at the same
level and to the parties, persons whose rights, duties are concerned to the
appeal; the Procuracy office shall send a copy of the protest to the parties
concerned to the protest, the persons whose rights and duties are concerned to
the appeal, protest has responsibility to send to the court of appeal their
comments on the appeal, protest within 7 days from the date of receipt of the
notice.
Article 64.
Effect of the appeal, protest.
Any part of the judgment,
decision which have been appealed, protested shall not come into legal force. The
parts of the judgment, decision which have not been appealed or protested shall
come into legal force.
Article 65.
Evidences collection
Prior to the hearing or at the
hearing of appeal, the Procuracy office, appellant, person concerned to the
appeal, protest have right to provide new additional evidences.
The court of appeal may at it's
discretion or at the request of the parties identify or delegate the power to
the other court to identify, collect new additional evidences.
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Within one month, from the date
of receipt of all documents, file sent by the court of original trial, the
court of appeal shall open the hearing of appeal; for complex cases, this
time-limit shall not be more than 2 months.
Article 67.
Withdrawal of the appeal, protest; its effect.
Prior to the hearing of appeal
or at the hearing, the appellant is entitled to withdraw any part or the whole
of the appeal, the Procuracy office which protests the judgment, decision or
Procuracy office at higher level have right to withdraw any part or the whole
of protest and the court shall decide to suspend the process concerning the
withdrawn part of or the appeal, protest in whole as the case may be.
Article 68.
Participants of the hearing of appeal.
1. The Procuracy at the same
level must take part in the hearing of appeal in the case of protest. If other
cases the Procuracy office shall take part in the hearing, if necessary. If the
Procuracy office takes part in the hearing, the Procuracy office must be
provided with the file in 10 days.
2. The appellant, persons
concerned to the appeal, protest shall be summoned to the hearing.
3. The court shall summon the
expert-witness, witness only at the parties' request and when it is necessary
for the solving of appeal, protest.
4. Of the Procuracy office
participation is necessary or is requested, but the Procuracy office failed to
take part, the trial panel shall delay the hearing. If the persons, mentioned
in points 2 and 3 of this Article are absent without reasonable causes, the
court shall continue the hearing.
Article 69.
Hearing of appeal.
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Article 70.
Rights of the court of appeal.
Court of appeal is entitled to:
1. Set aside the appeal, protest
and uphold the original judgment, decision.
2. Modify partly or wholly
original judgment, decision.
3. Reverse the original
judgment, decision and the dispute shall be retried again by the court of
original trial in the case of violation of procedure rules or the
identification, collection of the evidences by the original court on not enough
but the court of appeal can not make up.
4. Suspend temporarily the
process in accordance to Article 38 or suspend the process according to Article
39 of this Ordinance.
Article 71.
Grounds for modification of the original judgment, decision.
The judgment, decision shall be
modified partly or in whole, if:
1. The original judgment,
decision are contrary to the law, not in compliance with the nature of the
dispute.
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Article 72.
Appeal's judgment, decision.
1. After hearing the appeal,
protest, the appeal's trial panel shall issue an appeal's judgment, decision.
Apart from the content, mentioned in Article 52, 54 of this Ordinance, except
the parties' right to appeal, the appeal's judgment, decision must clearly
describe the parts of judgment, decision which were appealed, protested, the
nature of the appeal, protest.
The appeal's judgment, decision
have to be signed by all judges of trial panel.
2. The appeal's judgment,
decision have to be signed by all judges of trial panel.
3. The copy of the appeal's
judgment, decision must be send to the parties, persons concerned to the appeal,
protest within 5 days from the date of issuing.
Article 73.
Appeal procedure for a decision of original court.
1. In appeal procedure for the
decision of original court, the court shall not open the hearing, not summon
the parties, except it is necessary to hear their opinions before making a
decision.
2. The court of appeal shall
make a decision for solving the appeal or protest within 10 days from the date
of receipt of appeal, protest.
3. In considering the decision
of the original court, the court of appeal shall have rights, stipulated in
Article 70 of this Ordinance.
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Chapter XI
REVIEW PROCEDURE
Article 74.
Right to protest under review procedure.
1. The Chief Justice of the
Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy
office have right to protest against any court's judgment, decision, which have
come into legal force.
2. The Deputy Chief Justice of
the Supreme People's Court, Deputy Chief Prosecutor of the Supreme People's
Procuracy office have right to protest against the judgment, decision of the
local courts, which have come into legal force.
3. The senior judges of
provincial courts, chief prosecutor of provincial Procuracy office have right
to protest against the judgment, decision of district courts, which have come
into legal force.
Article 75.
Grounds for protest under review procedure.
The court's judgment, decision
which came into legal force shall be protested under review procedure if there
is one of the following grounds:
1. The procedure rules have been
seriously violated.
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3. There is serious mistake in
law application.
Article 76.
Protest and notice of protest.
1. In the protest under review
procedure must clearly describe the grounds for protest. The protest shall be
sent to the court which have issue the protested judgment, decision, to the
court, which will review the judgment, decision, the parties and other persons
concerned to the protest.
The court has to send the
protest together with the file to the Procuracy office at the same level in 10
days.
2. A person, who has protested
has right to withdraw the protest prior to the opening of the hearing or at
the hearing.
3. The person, who has protested
has right to delay or temporarily suspend the execution of the protested
judgment, decision.
Article 77.
Time-limit for protest and for review trial.
1. The time-limit for protest is
9 months, from the date on which the judgment, decision come into legal force.
2. Within one month, from the
date of receipt of the file, the court shall open the review hearing.
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1. The Judge's Committee of the
provincial court shall review the protested judgment, decision of the district
court which come into legal force.
2. The Economic Court of the
Supreme People's Court shall review the protested judgment, decision of the
provincial court, which come into legal force.
3. The Judge's Committee of the
Supreme People's Court shall review the protested judgment, decision the
Supreme People's court, which come into legal force.
4. The Judge's Council of the
Supreme People's Court shall review the protested judgment, decision of the
Judge's Committee of the Supreme People's Court.
Article 79.
A review's hearing.
1. For the review hearing, the
parties, persons concerned to the protest shall not be summoned, except the
cases if the court should hear their opinions prior to making of decision.
2. At the hearing, the member of
the trial panel shall present nature of the dispute and of the protest. If
someone is summoned by the court, they will give their opinions before the
prosecutor gives his comments about the resolution of the dispute. The trial
panel shall discuss and issue a judgment, decision.
Article 80.
Right of the trial panel in review proceedings.
The trial panel in review
proceedings is entitled:
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2. To modify partly or wholly
the judgment, decision.
3. To reverse the judgment,
decision and the dispute shall be retried by original court or court of appeal
if there is serious violation with respect to procedure rules or the
identification, collection of evidences by the lower court are not sufficient
and can not be supplemented by the court of review proceedings.
4. To reverse the judgment,
decision and suspend the process according to Article 39 of this Ordinance.
Chapter
XII
RE-OPENING PROCEDURE
Article 81.
Protest in re-opening procedure.
1. The Chief Justice of the
Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy
office are entitled to protest against the court's judgment, decision which
have come into legal force.
2. The senior judge of
provincial court, the chief prosecutor of the provincial Procuracy office are
entitled to protest against the judgment, decision of district court, which
have come into legal force.
Article 82.
Grounds for protest in re-opening procedure.
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1. New important facts of the
dispute are found and the parties could not no before.
2. There are grounds to believe
that the conclusion made by expert-witness, the interpreter are not true or the
evidences given are false.
3. The judge, assessor
prosecutor, process secretary intentionally make the file false.
4. The court's judgment,
decision or the decision of the state agencies, based on which the court solved
the dispute have been reversed.
Article 83.
Time-limit for protest, notice of the protest.
1. The time-limit for protest in
the re-opening procedure is one year, from the date on which the court's
judgment, decision have come into legal force.
2. The protest and the file must
be sent to the Procuracy office at the same level in 10 days.
3. The copy of the protest must
be sent to the people concerned to the protest.
Article 84.
Time-limit for the hearing in re-opening procedure.
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Article 85.
Competence
of the court; a hearing in re-opening procedure.
The provisions, stipulated in Article
78 and 79 of this Ordinance shall also be applied to the re-opening procedure.
Article 86.
Right of the trial panel in re-opening procedure.
The trial panel in re-opening
procedure is entitled:
1. To uphold the judgment,
decision.
2. To reverse the judgment,
decision and the dispute shall be re-tried in original court.
3. To reverse the judgment,
decision and suspend the process according to the provisions prescribed in
Article 39 of this Ordinance.
Chapter
XIII
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Article 87.
Settlement of the economic dispute with foreign participation.
The Provisions of this Ordinance
shall be applied to settlement of economic dispute in Vietnam, if one or all
parties are foreign individual, juridical person, unless otherwise provided by
the international agreements to which Socialist Republic of Vietnam is
signatory or party.
Article 88.
Execution of the court's judgment, decision.
The court's judgment, decision
on economic dispute shall be executed in accordance with Ordinance on execution
of civil judgment, decision.
Article 89.
Effect of the Ordinance.
This Ordinance shall come into
legal force from July 1st, 1994.
All provisions which are
contrary to this Ordinance shall be repealed.
Article 90.
Guiding the implementation.
The Government, Supreme
People's Court, Supreme People's Procuracy office within their competence
shall guide the implementation of this Ordinance.