Return of the petition for initiation of lawsuit in case the matter has been settled by the court's

Return of the petition for initiation of lawsuit in case the matter has been settled by the court's judgment or decision
Posted date: 27/03/2024

No one is in peace but willing to get involved in litigation unless they feel injustice, loss of rights, or lack of enforcement of justice. Therefore, it must be said that litigation is not an enthusiastic matter, it is something to be done when circumstances force it, not many people do it just because they like litigation. However, when litigation is pursued, it will be resolved by the court, and when it is pursued, the court will return the petition. From a practical situation where the plaintiff is returned the petition by the court, we cite the legal provisions regarding the conditions for filing a lawsuit in court in a civil case. At the same time, through the cited provisions, compared with the situation cited to see whether the court's return of the petition is in accordance with the legal provisions or not, it is necessary to understand how the return of the petition when the lawsuit has been settled by the judgment, the effective decision of the Court is in accordance with the law.

 

In May 2020, Mr. A was sentenced by the High People's Court in H City to imprisonment and ordered to compensate the state for a sum of money, recover some assets, and secure some assets (houses and land use rights) to ensure the enforcement of the judgment. The judgment did not consider and adjudicate civil matters related to joint property, personal property of Mr. A, Mrs. B during the marriage. Some assets are under the name of Mr. A or the couple, or some other assets are under the separate name of Mr. A's wife, Mrs. B. The judgment also granted the right to initiate a lawsuit for individuals, organizations related to projects, real estate seized by another civil lawsuit upon request.

 

In November 2020, Mrs. B filed a petition to the District People's Court C, City N to request the division of the joint property of Mrs. B with Mr. A and to request recognition of Mrs. B's personal property during the marriage. District People's Court C has returned the petition with the reason "the matter has been settled by the judgment, the effective legal decision of the Court or the effective decision of the competent state authority".[1] The judgment that the Court referred to return that petition is the criminal judgment against Mr. A. Disagreeing with the Court's decision to return the petition, Mrs. B lodged a complaint, arguing that her dispute resolution request had not been settled by any legal judgment.

 

CONDITIONS FOR THE COURT TO ACCEPT TO RESOLVE A CIVIL CASE AS PROVIDED BY LAW

 

Under Vietnamese law, the right to request the Court to protect lawful rights and interests (including the right to initiate a civil lawsuit) is stipulated that agencies, organizations, individuals under this Code have the right to initiate a civil lawsuit, request the Court to settle civil matters at the competent court to request the Court to protect justice, protect human rights, citizens' rights, protect the interests of the State, their lawful rights and interests, or those of others. [2] Or as Article 30 of the Civil Procedure Code provides, the right to participate in litigation with a request is the right to present the content of their request to the judge to decide whether such request is justified or not. [3] However, not always and in any case the court is obliged to accept to resolve. According to the current civil procedure law, the law only specifies 7 cases where the court returns the petition: (i) The plaintiff does not have the right to sue or does not have sufficient civil procedural capacity; (ii) Not meeting the conditions for filing a lawsuit as prescribed by law; (iii) The matter has been settled by the judgment, the effective legal decision of the Court or the effective decision of the competent state authority; (iv) The plaintiff did not submit a receipt for the prepayment of court fees to the Court as prescribed; (v) The case does not fall under the jurisdiction of the Court; (vi) The plaintiff does not amend, supplement the petition at the request of the Judge as prescribed; (vii) The plaintiff withdraws the petition. [4]

 

From referring to the cases of returning petitions according to Vietnamese law mentioned above, it can be inferred the conditions for the subject to initiate a civil lawsuit as follows: (i) conditions on the subject of the lawsuit; (ii) the matter of the lawsuit falls under the jurisdiction of the court; (iii) the dispute has not been settled by a legal judgment/decision that has legal effect of the Court or another competent authority; (iv) the petition and evidence, documents for the petition must meet the requirements as prescribed by law; (v) Fulfillment of the obligation to advance court fees.

 

Therefore, to ensure the conditions for the court to accept to resolve the petition, the five issues mentioned above must be ensured, specifically on the issues one by the provisions of the law already have clear provisions, need to understand correctly, correctly apply that the plaintiff can access the request for the court to resolve arising disputes. Below, we cite the current legal provisions on these conditions as follows:

 

Firstly, on the condition of the subject of the lawsuit.

 

The plaintiff must have civil procedural legal capacity and civil procedural legal capacity as prescribed by law. Accordingly, civil procedural legal capacity is the ability to have rights, obligations in civil procedure as prescribed by law. Civil procedural legal capacity is the ability to independently exercise rights, civil procedural obligations or authorize representatives to participate in civil procedure. [5]

 

- The plaintiff must have the right and legitimate interests that need to be protected or be granted the right to initiate a lawsuit by law to protect the interests of another party. The 2015 Civil Procedure Code explicitly states that the plaintiff in a civil case is the person who initiates the lawsuit or is authorized by other individuals, organizations, or agencies designated by this Code to file a lawsuit requesting the Court to resolve a civil case when they believe their legal rights and interests have been infringed upon. Organizations or agencies initiate civil lawsuits to request the Court to protect public interests, as well as the interests of the state in their respective areas of responsibility. [6]

 

The issue of the plaintiff's eligibility is also noted in cases where the plaintiff does not have the right to sue as specified in Articles 186 and 187 of this Code, or does not have sufficient capacity to conduct civil procedural acts, as guided by Article 2 of Resolution No. 04/2017/NQ-HĐTP, which states:

 

(i) Organizations, agencies, or individuals not falling under any of the subjects specified in Article 186 of the 2015 Civil Procedure Code are cases where the plaintiff does not aim to protect their own legitimate rights and interests or those of the organizations, agencies, or individuals they legally represent.

 

(ii) Organizations, agencies, or individuals not falling under any of the subjects specified in Article 187 of the 2015 Civil Procedure Code are cases where the plaintiff does not meet the requirements of the law to initiate a lawsuit to protect the legitimate rights and interests of others, public interests, and the interests of the state.

 

For example: Organization A (not a social organization engaged in protecting consumer rights as stipulated in Article 27, Clause 1 of the 2010 Law on Consumer Rights Protection) believes that Company B has sold goods that do not meet the standards, technical regulations, quality, quantity, features, or functions as advertised, listed, or promised, leading to damages suffered by Ms. C (the consumer). Organization A initiates a lawsuit requesting the Court to compel Company B to compensate Ms. C for the damages. In this case, Organization A does not have the right to initiate a lawsuit to protect consumer rights as specified in Clause 3 of Article 187 of the 2015 Civil Procedure Code.

 

(iii) Requests for lawsuits from organizations, agencies, or individuals do not require verification or collection of evidence; a conclusion that their legal rights and interests have not been infringed upon or need protection is sufficient.

 

For example: Mr. A passed away in 2010, leaving behind a property, but without a will or any other agreement. Mr. A has a son, Mr. B (still alive, with full capacity for civil procedural acts, and not falling under the cases ineligible for inheriting property according to Article 621 of the 2015 Civil Code). In this case, according to the inheritance law, Mr. C, the son of Mr. B, does not have the right to initiate a lawsuit to request the division of Mr. A's property according to the law. [7] Therefore, the plaintiff must have the right and legitimate interests to be able to file a lawsuit, such as a creditor having the right to sue. Whether to sue or not depends on them, but if they are not creditors, they are not allowed to sue to demand debts from others that are not owed to them. "Creditors have the right to sue to claim debts from others, but if they don't want to use this right, then they don't have to." [8]

 

Secondly, the lawsuit must fall within the jurisdiction of the court.

 

Current law allows agencies, organizations, and individuals to initiate civil lawsuits in courts with jurisdiction to request the protection of justice, human rights, civil rights, protection of state interests, and their own or others' legitimate rights and interests. According to the procedural sequence prescribed by the Civil Procedure Code, the parties with the right to file a lawsuit can bring their case to the People's Court for resolution of civil disputes, marital and family disputes, business, commerce, and labor-related matters (civil cases). [10]

 

However, not all disputes falling within these jurisdictional categories are resolved by the court; rather, the court only resolves requests concerning matters within its jurisdiction. Thus, the law distinguishes between the jurisdiction of the court and that of other agencies or organizations, or even between different specialized chambers within the same court. Therefore, when the content of a dispute falls within the jurisdictional scope of the court, it will accept and resolve the case, but if the dispute falls outside the jurisdiction as defined by the law, the court will either return the lawsuit or transfer it to another competent authority for resolution, as stipulated by the law. It should be noted that disputes falling within the jurisdictional scope as defined by the law may vary depending on the type of civil, marital and family, commercial, or labor-related disputes (as specified in Articles 26, 28, 30, 32 of the Civil Procedure Code 2015).

 

In matters within the jurisdiction of the Court, there are provisions related to the conditions for a dispute to be resolved in court. Therefore, in some cases, it is necessary to meet certain conditions as stipulated by law to ensure that the court can accept jurisdiction to settle the dispute. [11] This issue is guided by Article 3 of Resolution No. 04/2017/NQ-HĐTP as follows:

 

Not meeting the conditions for initiating a lawsuit as prescribed by law is a case where the civil procedural law or other laws stipulate the conditions for organizations, individuals to initiate lawsuits requesting the court to protect their own or others' legitimate rights and interests, public interests, and state interests, but the plaintiff has filed a lawsuit with the court even though one of those conditions is still lacking.

 

For example: Company A entered into a labor contract with Mr. B, stipulating that Mr. B would be sponsored for vocational training for 1 year, after which Mr. B must work at the company for at least 5 years from the completion of the training. However, after completing the training, Mr. B only worked at Company A for 2 years. Company A filed a lawsuit against Mr. B in court demanding that he reimburse the training costs without going through the conciliation procedure with the labor arbitrator. In this case, according to the provisions of Article 201 of the Labor Code 2012 and Clause 1 of Article 32 of the Civil Procedure Code 2015, Company A has not met the conditions to initiate a lawsuit.

 

For disputes concerning land use rights, the failure to meet the conditions for litigation is also a situation where litigation becomes impossible. For example, in cases where disputes over land use rights have not been conciliated at the People's Committee of the commune, ward, or town as prescribed by the Land Law 2013, this is considered as not meeting the conditions for litigation according to Point b, Clause 1, Article 192 of the Civil Procedure Code 2015.

 

For other disputes related to land use rights, such as disputes over transactions related to land use rights, inheritance disputes over land use rights, division of joint property of husband and wife related to land use rights, conciliation at the People's Committee of the commune, ward, or town is not a condition for initiating a lawsuit. [12]

 

The connection between the subject matter of the lawsuit presented above and the jurisdictional issue of the court can be seen in the fact that the conditions for filing a lawsuit are often regulated in substantive law documents rather than procedural law documents, demonstrating a fact that the issue of filing a lawsuit is regulated on the relationship between both substantive law and procedural law. Discussing this relationship, Professor N. Fricero argues that the relationship between rights and actions, where "Rights (subjective rights) are the object of actions, and legal doctrine classifies actions based on this object: actions regarding property rights have the object as a property right, actions regarding real estate have the object as a real estate right; actions against a person are for a personal right, actions against a thing are for a real right, mixed actions relate to both a personal right and a real right arising from the same legal act." Therefore, the rights associated with civil law, family law, commercial law, and labor law are the objects of the right to initiate a lawsuit and the basis of this right. [13] This shows that the rights of the plaintiff in harmony with the rights they sue for need to be placed in relation to each other, which creates ways to establish conditions related to substantive legal provisions. Thus, when certain conditions are met, the right to sue arises fully. Consequently, there are cases where, although disputes fall within the jurisdiction of the court, according to the law, they must meet certain conditions to ensure that the dispute is actually adjudicated.

 

Thirdly, the case must not have been settled by a final judgment/decision of the Court or another competent authority.

 

The provision that a case already settled by a final judgment/decision of the Court or another competent authority cannot be initiated again aims to prevent the abuse of litigation by repeating an issue, while ensuring the principle that the final judgment/decision of the Court or competent authority [the authority resolving disputes over land, labor; commercial arbitration...] must be enforceable in practice. Except for certain special cases, cases may still be reinitiated, including: cases where the Court rejects requests for divorce, requests for changes in child custody, changes in alimony, compensation claims, requests for changes in property management, changes in estate management, changes in guardianship, or cases demanding property, demanding leased property, lending property, demanding housing, demanding land use rights for lease, lending, or temporary residence, where the Court has not accepted the request and according to legal provisions, the right to initiate litigation again is permitted. [14]

 

Not re-litigating cases that have been resolved is essential to prevent the abuse of the right to initiate legal proceedings and to avoid a situation where an issue has been resolved by a final, enforceable judgment but is not enforced, disregarding the court's decision. Enforcing final judgments of the court or other competent authorities is also a means to ensure the practical effectiveness of judgments. Therefore, civil procedural law requires parties to exercise their rights in good faith and prohibits their abuse to obstruct the court's proceedings or the rights of other parties involved. [15]

 

Fourthly, the complaint and evidence, documents initiating the lawsuit must meet the requirements as prescribed by law. Sometimes, access to justice hinges on whether or not we can submit a complaint correctly and with all the necessary conditions to ensure that the complaint and accompanying evidence or documents are sufficient.

 

When preparing a lawsuit, attention should be paid to certain cases to ensure that the preparation of the complaint and its signing also meet the conditions for acceptance. Therefore, the 2015 Civil Procedure Code regulates the preparation of complaints in Article 189 as follows:

 

(i) For individuals initiating a lawsuit:

 

a) Individuals with full legal capacity to conduct civil litigation may either file the complaint themselves or have someone else file it on their behalf. In the section for the name and address of the plaintiff in the complaint, the full name and residential address of the individual must be provided; at the end of the complaint, the individual must sign or affix their mark.

 

b) Individuals who are minors, incapacitated persons, or have difficulties in perception or controlling their actions may have their legally authorized representatives file the complaint on their behalf. In the section for the name and address of the plaintiff in the complaint, the full name and residential address of the individual's legally authorized representative must be provided; at the end of the complaint, the legally authorized representative must sign or affix their mark.

 

c) Individuals falling under the categories described in a and b who are illiterate, visually impaired, unable to draft the complaint themselves, or unable to sign or affix their mark may have someone else file the complaint on their behalf and must have a person with sufficient legal capacity to conduct civil litigation serve as a witness. The witness must sign a confirmation on the complaint.

 

(ii) For organizations or entities initiating a lawsuit:

 

Organizations or entities filing a lawsuit may have their legally authorized representatives file the complaint on their behalf. In the section for the name and address of the plaintiff in the complaint, the name and address of the organization or entity and the name, title, and position of the organization's or entity's legally authorized representative must be provided; at the end of the complaint, the organization's or entity's legally authorized representative must sign and affix the seal of the organization or entity. In the case of a business entity initiating the lawsuit, the use of a seal must comply with the provisions of the Enterprise Law.

 

(iii) Regarding the content of the complaint, it must include the following main contents:

 

- Date of filing the complaint;

 

- Name of the Court receiving the complaint;

 

- Name, residential address, and workplace of the plaintiff if an individual, or the headquarters of the plaintiff if an organization or entity; telephone number, fax, and email address (if any). If the parties agree on an address for the Court to contact them, it must be clearly stated;

 

- Name, residential address, and workplace of the person whose rights and interests are being protected, if an individual, or the headquarters of the organization or entity whose rights and interests are being protected; telephone number, fax, and email address (if any);

 

- Name, residential address, and workplace of the defendant if an individual, or the headquarters of the defendant if an organization or entity; telephone number, fax, and email address (if any). If the residential address, workplace, or headquarters of the defendant is unclear, the last known address, workplace, or headquarters of the defendant must be stated clearly;

 

- Name, residential address, and workplace of the person whose rights and obligations are related, if an individual, or the headquarters of the organization or entity whose rights and obligations are related; telephone number, fax, and email address (if any). If the residential address, workplace, or headquarters of the person whose rights and obligations are related is unclear, the last known address, workplace, or headquarters must be stated clearly;

 

- Legal rights and interests of the plaintiff being infringed upon; specific issues requiring the Court to resolve regarding the defendant, and the person with related rights and obligations;

 

Note: The address "residential address, workplace, or last known address" of the defendant and the person with related rights and obligations stipulated in points (d) and (e) of Article 4 of Article 189 of the 2015 Civil Procedure Code is the address where the defendant or the person with related rights and obligations resided, worked, or had their headquarters closest to the time of filing the complaint, as known by the plaintiff, and is confirmed or otherwise proven by the competent authority or other evidence. [16]

 

- Name, address of the witness (if any);

 

- List of documents, evidence accompanying the complaint.

 

(v) The complaint must be accompanied by documents and evidence proving the legal rights and interests of the plaintiff being infringed upon. In cases where, for objective reasons, the plaintiff cannot submit all the accompanying documents and evidence with the complaint, they must submit the available documents and evidence to prove the legal rights and interests of the plaintiff being infringed upon. The plaintiff may supplement or submit additional documents and evidence as requested by the Court during the proceedings.

 

Additionally, it should be understood that the right to initiate legal proceedings is expressed through various forms of complaints, including but not limited to complaints, counterclaims (when having the status of a defendant), or requests for independent decisions regarding the rights and interests of the involved parties. Therefore, specific forms of complaints in specific cases must ensure general requirements for presentation and accompanying evidence, files, and documents to ensure the acceptance of complaints, counterclaims, or requests for independent decisions.

 

Fifthly, fulfilling the obligation to advance court fees.

 

The plaintiff, respondent with a counterclaim against the plaintiff, and the person with an independent claim in a civil case must deposit a court fee deposit for first-instance proceedings, except in cases where it is waived or not required [17]. Within 7 days from the date of receiving the court's notice to deposit the court fee deposit, the plaintiff must deposit the court fee deposit and submit the receipt to the court [18]. Therefore, in order to be accepted and resolved by the court, the plaintiff must deposit the court fee deposit and provide proof of such deposit to the court for acceptance and resolution.

 

Thus, according to the current law as cited above, there are five conditions to ensure that the court does not reject the lawsuit due to the absence of any of these conditions. These conditions are necessary for the court to accept and resolve the case, as derived from comparing them with the seven cases in which lawsuits are returned and relevant provisions in the 2015 Civil Procedure Code.

 

PROVISIONS REGARDING THE RETURN OF LAWSUITS WHEN THE MATTER HAS BEEN RESOLVED BY A FINAL JUDGMENT/DECISION OF THE COURT, BASED ON PRACTICAL SCENARIOS

 

Returning to the practical situation at the beginning of the article, the reason for the court to return the lawsuit is only stated as returning the lawsuit because the case has been resolved by the effective judgment/decision of the court, meaning that we consider other conditions of the lawsuit to be ensured. So, compared to the practical situation we mentioned, is it correct for the court to return the lawsuit? We present some issues to explain and find the answer to this issue as follows:

 

First, does the lawsuit initiated by the plaintiff fall within the jurisdiction of the Court when the lawsuit is returned?

 

The dispute mentioned in point c, clause 1, Article 192 of the 2015 Civil Procedure Code can be understood as a civil dispute that the plaintiff requests the court to resolve. In this specific case, it is a dispute regarding the division of separate property and the recognition of common property during the marriage between Mrs. B and Mr. A. Therefore, this case is identified as a dispute concerning marriage and family falling within the jurisdiction of the court as stipulated in clause 2, Article 28 of the 2015 Civil Procedure Code.

 

This is a dispute concerning marriage and family, and according to the current legal regulations, this dispute is resolved by the court. Unlike other disputes concerning land, labor, or commercial business, in this case, the jurisdiction to resolve this dispute belongs to the court[19] without the possibility of another party's jurisdiction, individual, or different agency (People's Committee, Minister of Natural Resources and Environment (for land disputes); Labor conciliator, Labor arbitration council (for labor disputes); Commercial arbitration (for disputes under the Commercial Arbitration Law) ...).

 

Except for cases specified in the Law on Mediation, Dialogue at Court in 2020 where the parties agree to mediate through mediation procedures before the court accepts the case, the case will be resolved by the court according to the civil procedure.

 

Second, has the lawsuit been resolved by the effective judgment/decision of the Court or competent authority?

 

In the situation mentioned in this article, the dispute regarding the request for the division of property during the marriage and the recognition of Mrs. B's separate property in the marriage with Mr. A has not been considered resolved by any criminal judgment. This dispute has not been resolved because in fact, the parties involved have not requested the resolution of this dispute. The judgment only mentions the recovery of some assets of Mr. A and Mrs. B, while also listing measures to ensure the enforcement of the judgment (the person to enforce the judgment is Mr. A) regarding other assets. [20] Therefore, if the People's Court of District C uses the reason that the judgment has declared the recovery of assets, listing the assets of Mr. A and Mrs. B, then considering Mrs. B's lawsuit as already resolved by a judgment that has legal effect, is that correct? [21] Is that understanding consistent with the spirit of the provisions of point c, paragraph 1, Article 192 of the 2015 Civil Procedure Code, or is it a matter that needs clarification to avoid incorrectly returning the lawsuit and depriving Mrs. B of her right to initiate the lawsuit?

 

In our opinion, it should be understood that the criminal case against Mr. A under the law may apply measures to handle evidence, list assets, or request recovery of land use rights due to violations of land laws, but these issues are intended to apply sanctions against Mr. A according to the provisions of criminal procedure. These actions are not actually activities to resolve civil disputes in criminal cases, specifically, there is no resolution of Mrs. B's request regarding the division of common property and recognition of separate property during the marriage. Therefore, even though common property, separate property of Mr. A, and Mrs. B are listed in the judgment as subjects of recovery and listing, it cannot be considered that the disputes regarding these assets have been resolved, settled by a judgment that has legal effect. The request for the division of common property, recognition of separate property during the marriage of Mr. A and Mrs. B has not been resolved by any judgment/decision of the Court with legal effect, therefore it still falls within the jurisdiction of the court to resolve, still ensuring the conditions to be resolved according to civil procedure. Only the basis for refusing jurisdiction is when the dispute regarding the request for the division of common property, recognition of separate property of Mrs. B during this marriage has been considered, resolved, divided, and declared by the Court who owns those assets, how much they own, who has the right to ownership, who has obligations to whom ... and the content of the judgment must be decided by the Court by a judgment or decision that has legal effect.

 

In criminal proceedings, even for civil issues closely related to the case, such as compensation claims that have not been proven, civil issues can be separated to be resolved according to civil procedure. As for the issue of dividing common property, determining ownership rights, interests of parties related to recovered property, it is the content of the criminal judgment itself, at point 6, page 179, Judgment No. 158/2020/HS-PT stated: "Allowing individuals, organizations related to projects, state-owned assets to file civil lawsuits when required". Judgment 158 has demonstrated that if there is a dispute, individuals, organizations related to recovered assets have the right to file a lawsuit when requested. [23]

 

Regarding the assets listed for enforcement, when enforcing the judgment, the enforcement agency also instructs that for disputes related to assets listed for enforcement, forced execution, it must also be based on point 6, page 179, Judgment 158 above. [24] At the same time, based on the provisions of Article 74 of the 2008 Civil Enforcement Law (amended and supplemented in 2014), if the ownership rights to assets, land use rights of the person subject to enforcement within the common asset block are not yet determined to enforce the judgment, the Enforcement Officer must notify the person subject to enforcement and those who have common ownership rights to the assets, land use rights know so that they can negotiate to divide the common assets or request the court to resolve according to civil procedure. [25]

 

Therefore, in reality, Mrs. B's lawsuit has not been resolved by any judgment, decision of the competent court (i), criminal appellate judgment No. 158 has legally effective enforcement granting Mrs. B's right to sue (ii), Article 74 of the Civil Enforcement Law also stipulates Mrs. B's right to sue (iii), therefore, there are three bases affirming Mrs. B's right to sue in the practical situation mentioned above. Returning Mrs. B's lawsuit by the People's Court of District C is therefore, in our opinion, not in accordance with the legal provisions and deprives Mrs. B of her right to initiate a lawsuit.

 

From the practical application of the law through the return of the lawsuit by the People's Court of District C in the situation mentioned, the provision at point c, paragraph 1, Article 192 of the 2015 Civil Procedure Code seems to have different interpretations when applied in practice. Therefore, the 2015 Civil Procedure Code needs to be amended, supplemented, or detailed guidance documents on the application of this provision to achieve uniform application in practice.

 

Philosophers throughout the ages, from Aristotle to John Rawls, from Thomas Aquinas to Michael Sandel, have mentioned the concept of justice with different perspectives. Everyone has their thoughts on justice, faith in the law, ethical standards are not always the same, but there is a common point that many people view justice as stemming from the need for social order, society needs justice to have stable and development order, but conversely, stable order and the development of society are necessary factors to enforce justice. [26] Therefore, the enforcement of justice, compliance with the law, benefits both people, society, and the State in its role of governing the country, justice also reflects the stability and development of society that we aim for. Whether people have access to justice sometimes simply depends on whether they have the court accept their request to resolve a dispute that according to legal provisions they have the right to initiate. It is necessary to seek those seemingly simple things to find higher expectations of justice as a constant need, the law sometimes is not enough, sometimes it needs the ethical standards of enforcement in practice.

 

Lawyer Le Cao - FDVN Law Firm

 

REFERENCE DOCUMENTS

 

[1] Criminal appellate judgment No. 158/2020/HS-PT dated May 12, 2020 of the High People's Court in Hanoi and Notice of Return of Lawsuit No. 02/TB-TA dated January 8, 2021 of the People's Court of Hai Chau District, Da Nang City.

 

[2] Article 4, Civil Procedure Code 2015.

 

[3] Civil Procedure Code of the French Republic, National Political Publishing House 1998.

 

[4] Article 192, Civil Procedure Code 2015.

 

[5] Article 69, Civil Procedure Code 2015.

 

[6] Paragraph 2, Article 68, Civil Procedure Code 2015.

 

[7] Article 2, Resolution No. 04/2017/NQ-HDTP.

 

[8] Nguyen Huy Dau (1962), Civil Law - Vietnam Civil Procedure, Saigon. [p. 37].

 

[9] Paragraph 1, Article 4, Civil Procedure Code 2015.

 

[10] Article 1, Civil Procedure Code 2015.

 

[11] Point b, paragraph 1, Article 192, Civil Procedure Code 2015.

 

[12] Article 3, Resolution No. 04/2017/NQ-HDTP.

 

[13] Tran Anh Tuan (2008), "The Right to Sue and Determination of Litigation Participation Status", Court Journal, (23), see https://thongtinphapluatdansu.edu.vn/2011/08/19/09/21/quy%E1%BB%81n-kh%E1%BB%9Fi-ki%E1%BB%87n-v-vi%E1%BB%87c-xc-d%E1%BB%8Bnh-t%C6%B0-cch-tham-gia-t%E1%BB%91-t%E1%BB%A5ng/., accessed on July 8, 2021.

 

[14] Point c, paragraph 1, Article 192, Civil Procedure Code 2015.

 

[15] Paragraph 25, Article 70, Civil Procedure Code 2015.

 

[16] Paragraph 3, Article 5, Resolution No. 04/2017/NQ-HDTP.

 

[17] Paragraph 1, Article 146, Civil Procedure Code 2015.

 

[18] Paragraph 2, Article 195, Civil Procedure Code 2015.

 

[19] Articles 25, 27, Civil Procedure Code 2015.

 

[20] Criminal appellate judgment No. 158/2020/HS-PT dated May 12, 2020 of the High People's Court in Hanoi.

 

[21] Notice of Return of Lawsuit No. 02/TB-TA dated January 8, 2021 of the People's Court of Hai Chau District, Da Nang City.

 

[22] Article 30, Criminal Procedure Code 2015.

 

[23] Criminal appellate judgment No. 158/2020/HS-PT dated May 12, 2020 of the High People's Court in Hanoi.

 

[24] Document No. 624/CTHADS dated April 20, 2021 of the Civil Enforcement Bureau of Da Nang City.

 

[25] Paragraph 1, Article 74, Civil Enforcement Law 2008 (amended and supplemented 2014).

 

[26] Vu Cong Giao, Protecting Justice in Current Judicial Disputes in Vietnam, http://lapphap.vn/Pages/tintuc/tinchitiet.aspx?tintucid=210693, accessed on June 28, 2021.

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