Contents
I. METHODS OF CIVIL DISPUTES
Civil dispute resolution methods:
– Self-agreement with each other;
– Reconcile;
– Ask the Court to settle.
II. CIVIL DISPUTE SETTLEMENT AUTHORITY
- Court jurisdiction by level
The determination of the Court’s competence by level is regulated based on the complexity of each type of case, the infrastructure conditions, and the actual professional qualifications of the court staff.
– District People’s Court
– Provincial People’s Court
– High People’s Court
– Supreme People’s Court
- Court jurisdiction by level
- Jurisdiction of the Court by territory
– The court where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization as prescribed by law
– The court where the plaintiff resides or works, if the plaintiff is an individual, or where the plaintiff’s office is located, if the plaintiff is an agency as prescribed by law
– The court where the real estate is located when the subject of the dispute is real estate
- Jurisdiction of the Court by territory
- Jurisdiction at the choice of the plaintiff
Plaintiffs have the right to choose a Court to settle civil disputes. However, the selection must still ensure compliance with the provisions of the law on civil procedure
- Jurisdiction at the choice of the plaintiff
III. DISPUTE SETTLEMENT PROCESS IN COURT
Step 1: After determining the settlement competence, the agency, individual or organization shall take a lawsuit according to the provisions of Article 189 of the Civil Procedure Code 2015, along with evidence and attached documents.
Step 2: The petitioner can apply directly to the court; Send it to the Court by post or Submit it online electronically via the Court’s Portal (if applicable).
Step 3. The court receives the lawsuit petition and issues a certificate of receipt of the lawsuit petition. The next time, the Court will assign a Judge to consider the petition. Within 05 working days, the Court will make a decision to amend or supplement the petition, transfer the petition to another Court, return the petition in case of improper competence; If the petition is suitable and satisfactory, the court will issue a decision to accept the case (Article 196, Article 197 of the Civil Procedure Code 2015).
Step 4. The petitioner must pay the court fee in advance and submit the receipt to the Court to avoid the Court suspending the settlement of the case.
Step 5. The process of settling the case is conducted according to first-instance procedures and other procedures according to general regulations on civil procedures.
IV. TRIAL PREPARATION TIME
According to Article 203 of the Civil Procedure Code 2015, the time limit for preparation for trial of all types of cases, except for cases being tried according to summary procedures or cases involving foreign elements, is prescribed as follows:
a) For the cases specified in Articles 26 and 28 of the Civil Procedure Code 2015, the time limit is 04 months from the date of acceptance of the case;
b) For the cases specified in Articles 30 and 32 of the Civil Procedure Code, the time limit is 02 months from the date of acceptance of the case.
For cases of a complicated nature or due to force majeure events or objective obstacles, the chief justices of the courts may decide to extend the time limit for trial preparation, but not exceeding 02 months, for cases falling under the following circumstances which specified at Point a of this Clause and within 01 month for the case specified at Point b of this Clause.
If there is a decision to temporarily suspend the settlement of the case, the time limit for trial preparation shall be recalculated from the date on which the Court’s decision to continue the settlement of the case takes legal effect.
After finishing the trial preparation process, the civil case will be conducted for first-instance, appellate, cassation (if applicable), and reopening (if applicable). The processing time will depend on the contents of the case.
Civil disputes are always an exhausting and costly process. The most important thing when participating in a civil dispute is to have a reputable, experienced and enthusiastic lawyer to support. HT’s team of lawyers is always ready to support customers with the highest sense of responsibility!
Contact us
- Email: hue.truong@htlaw.vn
- Phone no.: +84 935 439 454.