CIVIL PROCEDURE CODE _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam;
Congress enacted The civil procedure law.
Part one GENERAL PROVISIONS chapter I DUTIES and the EFFECT of the CIVIL PROCEDURE LAW, article 1. Scope and mission of the civil procedure law, civil procedure law Sets forth the basic principles in civil proceedings; the sequences, procedures to sue to the people's Court (hereinafter the Court) settled the case on civil disputes, marriage and family, business, labor, trade (hereinafter referred to as civil cases) and the order, the procedure requires the Court to resolve the civil requirements , marriage and family, business, labor, trade (hereinafter referred to as the civil); order and procedure for resolving civil cases, civil (hereinafter referred to as the civil service) in court; the procedure for recognition and enforcement in Vietnam the verdict, the decision of foreign courts, the ruling of the arbitration; civil enforcement; the duties, powers and responsibilities of the agency conducting the proceedings, the person conducting the proceedings; the rights and obligations of participants in proceedings, of individuals, of the State Agency, the people's armed units, organizations, political organizations, social-political organizations, social-political organizations, social organizations, social-professional organization (hereinafter referred to as the Agency , organization) to ensure that relevant for the resolution of the civil case to be fast, accurate, and lawful.
The civil procedure law contributes to the protection of Justice, protection of human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of the Agency, organization, or individual; educate people to strictly enforce the law.
Article 2. The object and effect of the application of the code of civil procedure 1. The code of civil procedure are applicable to all civil litigation activity on the territory of the Socialist Republic of Vietnam, including the Mainland, Islands, the sea and the Sun.
2. The code of civil procedure are applicable to any civil proceedings by the representative body of the Socialist Republic of Vietnam conducted abroad.
3. The civil procedure law are applicable to the resolution of the civil case has foreign elements; the case of the international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply the provisions of international treaties.
4. Agencies, organizations, foreign individuals in the audience enjoy the privileges, immunities or privileges of diplomatic, consular immunity under the law of Vietnam, according to the international treaties to which the Socialist Republic of Vietnam is a member, the civil case related to the Agency individual organizations, which was resolved by the diplomatic path.
Chapter II FUNDAMENTAL PRINCIPLES article 3. Compliance with the law of civil procedure in all activities the Agency's civil litigation proceedings are conducted, the person conducting the proceedings, the participants in the proceedings, by the Agency, the Organization, the individual concerned must comply with the provisions of this law.
Article 4. The right to ask the Court to protect the rights and legal interests 1. Agencies, organizations, individuals of this regulation by the law have the right to sue the civil case, required to resolve civil matters in court has the authority to ask the Court to defend justice, protection of human rights, civil rights, protect the interests of the State, the legitimate rights and interests of himself or of others.
2. The Court is not denied to resolve civil cases for reasons not yet have laws to apply.
The civil service does not yet have legislation to apply the civil case is in the scope of civil law but at the time of the incident that arose and civil agencies, organizations, individuals requesting the Court not have resolved to apply the law.
The resolution of the civil case prescribed in this paragraph are made according to the guidelines by the civil code and the code of this regulation.
Article 5. The right to decide and dispose of 1. Litigants have the right to decide whether to sue, asking the Court to have jurisdiction to settle the civil case. The Court handles only civil cases resolved when the petition, petition of litigants and only resolved in the scope of the petition, the petition.
2. In the process of settling the civil case litigant has the right to discontinue, change, or request the agreement together voluntarily, without violating the prohibition of the law and not contrary to social ethics.
Article 6. Provide evidence and proof in civil proceedings 1. Litigants have the right and obligation to actively collect, deliver evidence to the Court and prove to his request is based and legally.
Agencies, organizations, individuals, required to protect the rights and lawful interests of other people has the right and obligation to collect, provide evidence, prove as litigants.
2. The Court has the responsibility to support litigants in collecting evidence and only collect, verify the evidence in the case by The law regulations.
Article 7. The responsibility to provide documentary evidence of the organs, organizations, bodies competent individuals, organizations, individuals in the scope of the mission, his powers have a responsibility to provide complete and timely for the litigants, the Court, procurator (hereinafter the Procurator) documents evidence that you are keeping, as requested by management of the litigants, the courts, the Procurator as regulated by this law and shall be responsible before the law on the provision of documents and evidence; the case is not provided, they must inform, in writing and stating the reason for the litigants, Court, Procuracy.
Article 8. Equality of rights and obligations in civil proceedings 1. In civil proceedings the people are equal before the law, regardless of ethnicity, gender, creed, religion, social components, cultural level, occupation, social status.
All agencies, organizations, individuals are equal in the exercise of the rights and obligations of the proceedings before the Court.
2. The Court has the responsibility to ensure the principle of equality in the exercise of the rights and obligations of the organs, organizations and individuals in civil litigation.
Article 9. Ensuring the right to protect legitimate rights and interests of litigants 1. Litigants have the right to defend themselves or ask for a lawyer or other person who is eligible under the provisions of this law to protect the legitimate rights and interests.
2. The Court has the responsibility to ensure for the litigants made their protection rights.
3. the State is responsible for ensuring the legal help for the object specified by the law for them to make the right to protect the rights and legitimate interests before the courts.
4. No one is limiting the right to protect legitimate rights and interests of litigants in civil proceedings.
Article 10. Mediation in civil proceedings the Court has the responsibility to conduct reconciliation and create conditions favorable to the litigants agreed with each other about the resolution of the civil case under the provisions of this law.
Article 11. The people's assessors participate in hearing civil cases 1. The trial of the first instance civil cases have involved people's assessors under the provisions of this law, except where a trial under the shortened procedure.
2. When voting on the decision to solve the civil case, jurors horizontal people's right to judge.
Article 12. The judge, jurors hearing people's civil case, judge resolve civil independence and only obey the law 1. The judge, jurors hearing people's civil case, judge resolve civil independence and only obey the law.
2. Prohibit the Agency, organization, individual intervention in the trial of the judge, jurors, the resolution of civil judges in any way.
Article 13. The responsibilities of the agency conducting the proceedings, the person conducting the proceedings 1. Bodies conducting the proceedings, the person conducting the proceedings must respect people and subject to the supervision of the people.
2. The Court has a duty to defend justice, protection of human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of organizations and individuals.
Procuracy has the duty to defend the law, protecting human rights, civil rights, the protection of the Socialist regime, protect the interests of the State, the legitimate rights and interests of organizations and individuals, contributing to ensure the law is accepted and consistently.
3. The agency conducting the proceedings, the person conducting the proceedings to keep state secrets, secret task in accordance with the law; preserving the customs of the peoples, the protection of minors, keeping confidentiality, trade secrets, personal secrets, secrets of family according to their legitimate requests.
4. The agency conducting the proceedings, the proceedings are conducted is responsible before the law on the execution of his powers. The case of the person conducting the proceedings are unlawful behavior, then depending on the nature and extent of the violation being disciplined or arrested save for criminal liability in accordance with the law.
5. The person conducting the proceedings while performing their duties, their powers are unlawful acts causing damage to organs, institutions, individuals, the direct agency management duty acts contrary to law which must compensate the victims in accordance with the law on State compensation responsibility.
Article 14. Collective trial court hearing civil cases and collective decisions by majority, except in the case of review under the shortened procedure.
Article 15. The court hearing is timely, fair, public 1. Timely court hearing within the time limit prescribed by this law, ensure fair.
2. the court hearing. Special circumstances need to keep state secrets, preserving the customs of the peoples, the protection of minors or of professional confidentiality, trade secrets, personal secrets, secrets of family according to their legitimate requests, the Court may adjudicate.
Article 16. Ensure the impartial, objective in civil proceedings

1. the Chief Justice of the Court, the judge, jurors, Inquisitor, clerk of court, procuratorate, Director, testing, translation, the examiner, assessment Board members not to conduct or participate in the proceedings if there are reasons to believe that they can not indifferent objective, while performing their duties, their powers.
2. Assigning the person conducting the proceedings must ensure their impartial, objective to when performing their duties, their powers.
Article 17. Sure the first instance trial, the mode of appeal 1. The trial mode of first instance, appeal is guaranteed.
Judgment of the Court of first instance decision can be appealed, the appeal under the provisions of this law.
The judgment of the first instance court's decision not to appeal, protest under procedure of appeal within the time limit prescribed by this law, then the legal effect. Judgment of the Court of first instance decisions were appealed, the appeal of the case must be appellate. The judgment of the appellate decision has the force of law.
2. The judgment, the Court's decision has the effect of laws that are found to have violated the law or have new details under the provisions of this Act shall be reviewed under the procedure of Cassation or retrial.
Article 18. Director of the hearing of the Supreme People's Court of Directors of the trial court; High level people's Court trial Director of provincial people's Court, the central cities (hereafter referred to collectively as the provincial people's Court), the people's Court of the district, County, town, city in the province and the city in central cities (hereafter referred to as district-level people's Court) in the scope of the jurisdiction of the territory to ensure the use of the law strictly and consistently.
Article 19. Ensure the validity of the verdict, the decision of the Court 1. The verdict, the decision of the Court was in effect the law must be enforced and should be the Agency, organization, respect for the individual; agencies, organizations, individuals concerned must strictly observance.
2. Within the scope of its powers, duties, courts and organs, the Organization was entrusted with the enforcement of the judgment, the decision of the Court must be strictly enforced and is responsible before the law on the implementation of that task.
3. The Court has the right to request notification of the judgment enforcement agency progress, results of enforcement of the judgment, the Court's decision. Direct court enforcement agency organized the execution of the judgment, the decision of the Court has a responsibility to answer to the Court.
Article 20. Voice and text used in civil proceedings the voices and writing used in civil proceedings is Vietnamese.
Participants of civil proceedings has the right to use voice and text of his nation; this case must have an interpreter.
Participants in civil proceedings is the disabled hear, speak or see disability have the right to use the language, symbols, words dedicated to disabled people; this case must be the person who knows the language, symbols, words dedicated to disabled people to translate again.
Article 21. Prosecutor obeys the law of civil procedure 1. Procuracy Prosecutor obeys the law of civil procedure, the implementation of the right to request, Petitions, appeals under the provisions of the law in order to ensure the settlement of the civil case in time, true law.
2. The Institute participated in the session Prosecutor of first instance for civil matters; trial for the case because the court proceeding to collect evidence or object is the property disputes, public interest, land use, housing or litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts , who have difficulty in cognitive, behavioural mastery or the case specified in clause 2 4 of this Act.
3. The Institute participated in the trial, Prosecutor session appeal, Cassation, retrial.
4. the Supreme People's Procuracy coordinated with the Supreme People's Court passed this.
Article 22. Responsible for the transfer of documents, court papers 1. The Court is responsible for bombardment, transferred, informed judgments, decisions, summons, invitations and other documents of the Court under the provisions of this law.
2. the people's Committee of social agency, organization, or individual involved is responsible for delivery of the judgment, decision, summons, invitations and other documents of the Court when required by the Court and must announce the results of the transfer it to the Court.
Article 23. Participation in civil proceedings by the Agency, organization, individual agencies, organizations, individuals have the right and obligation to participate in civil proceedings according to the provisions of this law, contributing to the resolution of the civil case in court in time, true law.
Article 24. Ensure litigation in trial 1. The Court has the responsibility to ensure for the litigants, who protected the legitimate rights and interests of litigants made the right to litigation in trial of first instance, appeal, Cassation, retrial under the provisions of this law.
2. Litigants, who protected the legitimate rights and interests of litigants have the right to collect, deliver, document and evidence since the court case and the obligation to inform each other of the documents, the evidence was delivered; presentation, for answers, statements of opinion, arguments about the evidence and the law applicable to the protection requirements, rights, legitimate interests of himself or another person's request rejected under the provisions of this law.
3. During the trial, all documents and evidence must be considered in full, objective, comprehensive, publicly, unless not public as stipulated in paragraph 2 of this Law 109 Thing. Executive court litigation, asked the unknown issues and based on the results of litigation to judgment, decision.
Article 25. Ensuring the right to complain, report in the proceedings of civilian agencies, organizations, individuals have the right to complain, individuals have the right to denounce these acts, unlawful decisions of bodies conducting the proceedings, the person conducting the proceedings or of any of the agencies, organizations, individuals active in civil proceedings.
Agencies, organizations, individuals with the authority to receive, review and timely resolution, legal complaints, accusations; notice in writing of the outcome for people who have complaints, accusations.
Chapter III the JURISDICTION of the COURT 1 the CIVIL SERVICE DEPARTMENT in the JURISDICTION of the COURT to article 26. The civil disputes in the jurisdiction of the Court 1. Vietnam nationality disputes between individuals with personal.
2. Disputes about ownership and other rights to the property.
3. Disputes about civil transactions, civil contracts.
4. Disputes on intellectual property rights, technology transfer, except in the case specified in clause 2 of article 30 of this law.
5. property inheritance disputes.
6. Disputes about compensation contracts.
7. Disputes over compensation for damage due to measures to prevent improper administration under the provisions of the law on competition, except in the case of claims for damages is addressed in administrative cases.
8. Disputes about exploitation, use of water resources, to discharge waste into water sources under the provisions of the law on water resources.
9. Land disputes under the provisions of the law of the land; the dispute about ownership, the right to use the forest in accordance with the law on the protection and development of forests.
10. Disputes related to media activities in accordance with the law on the press.
11. Disputes related to a request to declare the certified text disabled.
12. Disputes involving coerced property to enforce the judgment under the provisions of the law on the enforcement of civil judgments.
13. Disputes about property auction results, the registration fee payment to buy auction property under the provisions of the law on the enforcement of civil judgments.
14. The other civil disputes, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 27. The civilian requirements in the jurisdiction of the Court 1. Claim or cancel the decision to declare a person lost the capacity for civil acts, with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery.
2. Required notice seeking people absent from the residence and property management of that person.
3. to request the Declaration or cancellation of the decision to declare a missing person.
4. to request the Declaration or cancellation of the decision to declare a person dead.
5. The request for recognition and enforcement in Vietnam or not recognizing the judgment of civil decisions, decisions about the property in judgments, criminal, administrative decisions of foreign courts or not recognizing the judgment of civil decisions, decisions about assets in the judgment , criminal, administrative decisions of foreign courts do not have the required enforcement in Vietnam.
6. Request to declare the certified text disabled.
7. Request the recognition of outer Court mediation.
8. Request the recognition of assets on the territory of Vietnam is unattended, the recognition of ownership management for property on the territory of Vietnam as stipulated in point e clause 2 Article 470 of the code.
9. Request to determine ownership, property rights, Division of joint property to enforce the judgment and other requirements under the regulations of the Civil Enforcement Act.
10. The civil requirements, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 28. The dispute about marriage and family in the jurisdiction of the Court 1. Divorce, custody disputes, Division of property upon divorce; dividing assets after divorce.
2. Disputes about the Division of common property of the spouses during the marriage.
3. Disputes about changes people directly raising children after divorce.
4. Disputes on determining the father, mother or child identified for father, mother.
5. Disputes over alimony.
6. Disputes about children using assisted reproductive techniques, the pregnancy because humanitarian purposes.
7. Disputes about custody, Division of property, women living together as husband and wife without registration or cancellation of the marriage is unlawful.
8. other disputes on marriage and the family, except in the jurisdiction of the Agency, other organization according to the provisions of the law.

Article 29. The requirements for marriage and family in the jurisdiction of the Court 1. Request to cancel the marriage is unlawful.
2. ask for positive recognition of divorces, custody agreements, property Division upon divorce.
3. The request to recognize the agreement of parents about the change directly parenting after divorce or recognition of changing people directly raising children after divorce of the agencies, organizations, individuals under the provisions of the law on marriage and family.
4. Require limited the rights of parents with regard to the juvenile or child visitation after divorce.
5. Request the termination of the adoption.
6. The requirements related to the pregnancy households under the provisions of the law on marriage and the family.
7. request the termination agreement recognized the validity of the Division of common property during marriage was made according to the verdict, the decision of the Court.
8. Request to declare void the agreement about the mode property of the spouses under the provisions of the law on marriage and the family.
9. request for recognition and enforcement in Vietnam or not recognize judgments, to decide on marriage and the family of a foreign court or other competent authority of a foreign or non-recognition of judgments, decisions about marriage and the family of a foreign court or other competent authority of the foreign country does not have the required enforcement in Vietnam.
10. The requirements identified for the father, mother or child for parents under the provisions of the law on marriage and family.
11. Other requirements on marriage and the family, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 30. The dispute about business and commerce in the jurisdiction of the Court 1. Disputes arising out of the business activity, trade between individuals, the Organization has registered the business together and all have the goal of profit.
2. Disputes on intellectual property rights, technology transfer between individuals, held together and all have the goal of profit.
3. Disputes between people who are not yet members, but companies have deals on transfer of shares to the company, the company members.
4. The dispute between the company with members of the company; the dispute between the company with the Manager in the limited liability company or members of the Management Board, the Director, General Director of joint-stock companies, among the members of the company with each other concerning the establishment, operation, dissolution, merger, amalgamation, Division, separation, transferring the assets of the company conversion, forms of organization of the company.
5. all other disputes, commercial business, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 31. The business requirements, the Trade Department in the jurisdiction of the Court 1. The request to cancel the resolution of the general shareholders meeting, resolutions of Board members under the provisions of the law on business.
2. Requests relating to the Vietnam trade referee settle disputes in accordance with the law on commercial arbitration.
3. Request the arrest of ships, ships under the provisions of the law on Civil Aviation, maritime Vietnam Vietnam, except in cases of arrest of ships, ship to secure the resolution of the case.
4. The request for recognition and enforcement in Vietnam or not recognize judgments, business decision, the trade of a foreign court or do not recognize judgments, business decision, trade of foreign courts do not have the required enforcement in Vietnam.
5. The request for recognition and enforcement in Vietnam, commercial business judgment of foreign arbitration.
6. Other requirements on business, trade, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 32. The labor disputes in the jurisdiction of the Court 1. Individual labor disputes between workers with employers who are through mediation procedures of labor mediator that the mediation but the party does not perform or performed incorrectly, no reconciliation or no reconciliation within the time limit prescribed by law, except the following labor disputes are not required to pass the procedure of mediation : a) on the handling of labor discipline in the form of layoffs or disputes in case of unilateral termination of labor contract;
b) About compensation, subsidies when terminating labor contracts;
c) Between the families with the employers;
d) About social insurance in accordance with the law on social insurance, health insurance in accordance with the law on health insurance, unemployment insurance in accordance with the law on employment, workers ' compensation insurance, occupational diseases under the provisions of the law on safety Labor hygiene;
DD) About compensation between workers with businesses, business units giving public workers go to work abroad under contract.
2. collective labor disputes on the rights between the labour collective with the employers under the provisions of labour legislation has been President of the people's Committee at district level to resolve collective labour or that the employer does not agree with the decision or too time limit which the Chairman of the people's Committee at district level are not resolved.
3. Disputes related to labour include: a) dispute about apprenticeship, craft sets;
b) dispute about rent back labour;
c) dispute about the right to civil unions, Union expenditure;
d) disputes on labour safety, sanitation workers.
4. Disputes over compensation for damage caused by illegal strikes.
5. other labor disputes, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 33. The labour requirements in the jurisdiction of the Court 1. Request to declare labor contracts, collective labor agreement was void.
2. Request to review the legality of the strike.
3. The request for recognition and enforcement in Vietnam or not recognize the verdict, the decision of a foreign court or did not recognize the verdict, the decision of foreign courts do not have the required enforcement in Vietnam.
4. The request for recognition and enforcement in Vietnam's labor arbitration ruling.
5. Other requirements of employees, except in the jurisdiction of the Agency, other organization according to the provisions of the law.
Article 34. The jurisdiction of the Court with respect to the decision of the Agency, held 1. When the civil courts have the power to cancel individual unlawful decisions of agencies, organizations, competent person infringing rights, legitimate interests of litigants in civil cases in which the Court has a duty to solve.
2. individual decision prescribed in clause 1 of this article is that the decision has been issued on a specific issue and is applied once for one or more specific objects. The civil case related to this decision, the Court must be considered in the same civil case.
3. When considering the decision prescribed in paragraph 1 of this article, the Court must give the Agency, organization or authority has issued the decision to join the proceedings as a person of interest, related obligations.
The Agency, organization, authority issued the decision to participate in the proceedings and presented their opinions about individual court decisions consider canceling.
4. The jurisdiction of the Court level in case of considering individual decision prescribed in paragraph 1 of this article shall be determined according to the respective provisions of the law on administrative proceedings the jurisdiction of district-level people's Court, the provincial people's Court.
Section 2 the JURISDICTION of the COURT GRANTED Article 35. The jurisdiction of the Court the people of district level 1. District-level people's courts have jurisdiction according to the procedure of first instance disputes: a) civil disputes, marriage and family, the provisions of article 26 and Article 28 of this Act, except a dispute prescribed in clause 7 of this law Thing;
b) business disputes, trade provisions in clause 1 of article 30 of this law;
c) labour disputes stipulated in article 32 of this law.
2. district-level people's courts have jurisdiction of the following requirements: a) civilian requirements specified in paragraphs 1, 2, 3, 4, 6, 7, 8, 9 and 10 of article 27 of this law;
b) ask about marriage and family as defined in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of this law 29 Thing;
c) business requirements, trade provisions in clause 1 and clause 6 of article 31 of this law;
d) labor requirements prescribed in clause 1 and clause 5 Article 33 of this law.
3. The dispute, the request specified in clause 1 and clause 2 of this that there are litigants or property abroad or need authorization for the representative organs of the Socialist Republic of Vietnam abroad, for the Court, the competent bodies of foreign countries not belonging to the jurisdiction of the district-level people's Court , except in the case specified in clause 4 of this Article.
4. district-level people's Court of Vietnam's citizens destroy the marriage is unlawful, the divorce settlement, the dispute on the rights and obligations of husband and wife, parent and child, the father, mother, children, adoption and guardianship between Vietnam citizens reside in border areas of neighboring countries with citizens resident in the same border area with Vietnam under the provisions of this law and other provisions of the law of Vietnam.
Article 36. The jurisdiction of the Court are dedicated to the people's courts at district level 1. Court-level people's courts have jurisdiction according to the procedure of first instance cases about civil, business, commercial, labor, under the authority of the people's courts at district level prescribed in article 35 of this law.
2. the Family Court and juvenile-level people's courts have jurisdiction according to the procedure of first instance cases on marriage and the family under the authority of the district-level people's Court stipulated in article 35 of this law.

3. With regard to the people's Court of district level yet there are dedicated to the Chief Justice of the Court is responsible for organizing the work of the trial and the judge assigned to the jurisdiction of the people's courts at district level.
Article 37. The authority of the provincial people's Court 1. The provincial people's courts have jurisdiction according to the procedure of first instance the following incident: a) civil disputes, marriage and family, business, commercial, labour regulation in articles 26, 28, 30 and 32 of this law, except those disputes under jurisdiction of district-level people's Court stipulated in paragraph 1 and paragraph 4 to article 35 of the This law;
b) require civil, marriage and family, business, commercial, labour provisions in articles 27, 29, 31 and 33 of this Act, except the requirements in the jurisdiction of the Court the people of district level prescribed in clause 2 and clause 4 Article 35 of this law;
c) dispute, the requirement specified in paragraph 3 Article 35 of this law.
2. provincial people's courts have jurisdiction according to the procedure of first instance cases in the civil jurisdiction of the district-level people's Court stipulated in article 35 of this law that the people's Provincial Court of himself taken up to solve when it deems necessary or upon the request of the people's courts at district level.
Article 38. The jurisdiction of the Court are dedicated provincial people's Court 1. Civil Court of the people's Provincial Court of competent jurisdiction: a) resolved under the procedure of first instance disputes, civil requirements under the authority of the provincial people's Court stipulated in article 37 of this law;
b) resolved under the procedure of appeal cases in which judgments, civil decision not valid law of the people's courts at district level being appealed, the appeal under the provisions of this law.
2. the Family Court and juvenile court competent provincial people: a) resolved under the procedure of first instance disputes, asking about marriage and the family under the authority of the provincial people's Court stipulated in article 37 of this law;
b) resolved by appellate procedure the service work that the verdict, the decision of marriage and the family is not yet in force the laws of district-level people's Court were appealed, the appeal under the provisions of this law.
3. Court to economy of the people's Provincial Court of competent jurisdiction: a) resolved under the procedure of first instance disputes, business requirements, trade under the jurisdiction of the provincial people's Court stipulated in article 37 of this law;
b) resolved under the procedure of appeal cases in which judgments, business decisions, not trade law of the people's courts at district level being appealed, the appeal under the provisions of this law.
4. the Labour Court of the people's Provincial Court of competent jurisdiction: a) resolved under the procedure of first instance disputes, labour requirements in the jurisdiction of the provincial people's Court stipulated in article 37 of this law;
b) resolved by appellate procedure the service work that the labor decision verdict not yet in force the laws of district-level people's Court were appealed, the appeal under the provisions of this law.
Article 39. The jurisdiction of the Court under the territory of 1. Jurisdiction civil case under the Court's territory is determined as follows: a) the Court where the defendant resides, works, if the defendant is the person or the place where the defendant is based, if the defendant is the body, the Organization has jurisdiction according to the procedure of first instance the civil disputes , marriage and family, business, commercial, labour regulation in articles 26, 28, 30 and 32 of this Act;
b) litigants have the right to deal with each other with a written request to the Court, the residence of the plaintiff's work, if the plaintiff is the individual or where the headquarters of the plaintiff, if the plaintiff is the body, the Organization for the resolution of civil disputes, marriage and family , business, commercial, labour regulation in articles 26, 28, 30 and 32 of this Act;
c) the object of dispute was the only property the Court where the property jurisdiction.
2. the jurisdiction of the Court under the civil territory is determined as follows: a) Court where people were asked to declare lost the capacity for civil acts, with limited capacity for civil acts or have difficulties in perception, behavioral mastery to reside, work has jurisdiction to resolve a request to declare a person lost the capacity for civil acts , with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery;
b) Court where people were asked to announce the finding of absence in place of residence, be asked to declare the missing dead or is there the last residence has jurisdiction require the search alerts absent at the place of residence and the person's property management request a statement, missing or dead;
c) Court where the person requesting cancellation of the decision to declare a person lost the capacity for civil acts, with limited capacity for civil acts or have difficulties in perception, behavioral mastery to reside, work has the authority to cancel the decision to declare a person lost the capacity for civil acts , with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery.
The Court took a decision to declare a missing person or is already dead having jurisdiction require cancellation of the decision to declare a missing person or is dead;
d) Court where people have to enforce civil judgments or decisions, marriage and family, business, commercial, labour of a foreign court to reside, work, if people must enforce judgments is individuals or place to enforce the judgment is based, if people have to enforce the judgment is the Organization, or where the assets related to the enforcement of the judgment, the decision of the foreign court has jurisdiction to resolve the request for recognition and enforcement in Vietnam or not recognize judgments, decisions, marriage and family, business, trade, labor of foreign courts;
DD) Court where people submit to reside, work, if the sender unit is the individual or where the sender unit is based, if the sender unit is the Agency, the competent organization for resolving a request not to recognize judgments, decisions, marriage and family, business, trade, labor of foreign courts do not have the required enforcement in Vietnam;
e) Court where people have to enforce foreign arbitration decision to reside, work, if people are executed or where the individual is the person who must enforce is based, if the person is executed is the Agency, organization or where the assets related to the enforcement of foreign arbitration rulings have the jurisdiction to resolve the request for recognition and enforcement in Vietnam the ruling of the arbitration;
g) Court where the registration of the marriage is unlawful is made competent to resolve the request to cancel the marriage is unlawful;
h) Court where one of the parties consent divorces, custody agreements, property Division upon divorce, work has jurisdiction requires positive recognition of divorces, custody agreements, property Division upon divorce;
I) Court where one of the parties to the agreement on changing the direct parenting after divorce reside, work has jurisdiction requires recognizing the agreement on changes to the direct custody after divorce.
The case Agency, organization, individual change requests direct people raising children after divorce, the Court where his residence has jurisdiction;
k) the Court where the father or mother of a minor child resided, worked to have the required jurisdiction restricting the rights of parents with regard to the juvenile or child visitation after divorce;
l) Court where the father, mother or adoption who reside, work, have the required jurisdiction to terminate the adoption;
m) Court where certified practitioners organization made the notary had based jurisdiction requires a written declaration of invalidity;
n) Court where judgement enforcement agencies have jurisdiction to enforce the judgment is based or where the assets related to the enforcement of Court has jurisdiction required to determine ownership, property rights, Division of joint property to enforce the judgment and other requirements as stipulated by law enforcement projects;
o) the authority of the Court according to the required resolution territory related to the Vietnam trade arbitration dispute resolution is made under the provisions of the law on commercial arbitration;
p) the Court where the property has jurisdiction requires the recognition of assets which are on the territory of Vietnam is unattended, the recognition of ownership management for property on the territory of Vietnam;
q) Court where pregnant households reside, work has jurisdiction to resolve the request related to the pregnancy;
r) the Court of the residence, the work of one of the people who have the common property have jurisdiction requesting the recognition agreement to terminate the validity of the Division of common property during marriage was made according to the verdict, the decision of the Court;
s) Court where the requester resides, works have jurisdiction requires recognition of the mediation outside the courts;
t) the Court of the domicile of the person's work, asked to have the required jurisdiction to declare void the agreement about the mode property of the spouses under the provisions of the law on marriage and the family; identify the father, mother or the son for the father, the mother under the provisions of the law on marriage and the family;
u) Court where the headquarters of the business have the required jurisdiction to cancel the resolution of shareholders, resolutions of the Board members;
v) Court where concluding or performing labor contracts, collective labour agreements have the required jurisdiction to declare the labour contract, collective labor agreement which disable;
x) Court where occurs the strike have jurisdiction requires considering the legality of a strike;
y) jurisdiction of the Court according to the required resolution territory captured the ship, the ship is done according to the provisions of article 421 of the code.

3. where the civil case has been accepting the Court and are settled in accordance with the provisions of this law on the jurisdiction of the Court according to the territory must be in that Court continue to settle although in the process of resolving a change of residence, head office or trading address of the litigants.
Article 40. The jurisdiction of the Court according to the choice of the plaintiff, who demanded 1. The plaintiff has the right to choose the courts resolve civil disputes, marriage and family, business, commercial, labor, in the following cases: a) If does not know where to reside, work, the headquarters of the defendant, the plaintiff can ask the Court where the defendant resides, works Finally, headquartered or where the defendant property settlement;
b) If disputes arise from the activities of the Organization branch, then the plaintiff can ask the Court to where the organization is based or where the Organization has a branch to resolve;
c) If the defendant has no place of residence, work, based in Vietnam or in the case of a dispute the alimony, then the plaintiff can ask the Court of his place of residence, work, whose resolve;
d) If a dispute about compensation in addition to the contract, the plaintiff may ask the Court of his place of residence, work, are based or where the harm addressed;
DD) If a dispute about compensation, subsidies when terminating labor contracts, social insurance, health insurance, unemployment insurance, rights and benefits related to employment, wages, earnings and other labour conditions for employees, the plaintiff's employees may request the Court of his place of residence , working to resolve;
e) If a dispute arising from the use of labor contractors or people who have the role of mediators, the plaintiff can ask the Court to where the employer is the main owner of residence, work, are based or where the contractor, who has a residence mediation , working to resolve;
g) If any dispute arising from contractual relations, the plaintiff can ask the Court to the place where the contract was made to solve;
h) If the defendant resides, works, based in many different places, then the plaintiff can ask the Court where one of the defendants reside, work, whose resolve;
I) If property disputes that have property in many different local, then the plaintiff can ask the Court to have a place in the estate settlement.
2. The requester has the right to choose the courts resolve civil requirements, marriage and the family in the following cases: a) for civilian requirements specified in paragraphs 1, 2, 3, 4, 6, 7, 8, 9 and 10 of article 27 of this law, the claimant may request the Court of his place of residence , work, are based or where the property of the people being asked to solve;
b) with respect to the request to cancel the marriage is unlawful as defined in Article 29 paragraph 1 of this law, the claimant may request the Court of domicile of one of the parties to marriage registration laws left tackle;
c) limited request for rights of parents with regard to the juvenile or child visitation after divorce, then the request may request to the Court where children reside.
Article 41. Civil case transfer for other courts; resolve disputes on jurisdiction 1. The civil case was accepting that not in the jurisdiction of the Court was accepting the Court that the decision to transfer the civil case records to the competent courts and to delete the name of the case in accepting. This decision must be sent immediately to the Procuratorate at the same level, Privy, agencies, organizations and individuals concerned.
Litigants, agencies, organizations and individuals concerned have the right to appeal, the Procurator has the right to petition this decision within 10 working days from the date of receiving the decision. Within 3 working days from the date of receiving complaints, Petitions, Chief Justice of the Court had decided to move the case to settle civil complaints, Petitions. The decision of the Chief Justice the Court's final decision.
2. competence disputes between the people's courts at district level in the same province, a city centrally by the Chief Justice of the provincial people's Court.
3. competence disputes between the people of the County Court of the province or city level or between different people in provincial court jurisdiction according to the territory of the people's Court by the Chief Justice of the High Court senior people's resolve.
4. competence disputes between the people of the County Court of the province or city level or between different people in provincial court jurisdiction according to the territory of the people's Court advanced by the Chief Justice of the Supreme People's Court to resolve.
Article 42. Enter or split the case 1. Enter two or more court cases that the Court that has separate into accepting a case to resolve if the import and the settlement in the same case to ensure the proper law.
For the case that many people with the same request to sue for the same person or the same agency, organization, the Court may enter their requests to settle in the same case.
2. a separate court case to have the request into two or more different case if the separation and the resolution of the case be separated properly secured.
3. When entering or split the case prescribed in clause 1 and clause 2 of this article, the Court took the case to the decision and sent immediately to the Procuratorate at the same level, Privy, agencies, organizations and individuals concerned.
Item 3 the CASE in CIVIL LAW to APPLY Article 43. Principle of determining the jurisdiction of the Court in case law to apply to the jurisdiction of the Court accepting the case, the case in civil law to apply is made according to the provisions in articles 35 to 41 of the Thing from the law.
Article 44. Order and procedure for accepting, resolving the case in civil law to apply the order and procedure for accepting, resolving the case in civil law to apply is made according to the provisions of this law.
Article 45. Principles for resolving the case in civil law to apply 1. The application of usages are as follows: the Court applied to solve civil cases where the parties have no agreement and no legal regulations. Usages are not contrary to the basic principles of the civil law as defined in article 3 of the civil code.
When asked the Court to resolve civil cases, litigants have the right invoked to ask the Court to consider the application.
The Court is responsible for determining the applicable value of customs guarantees the right provided for in article 5 of the civil code.
The case of the litigant cited the various customs, the customs value apply is the recognized customs at the birthplace of the civil case.
2. The application of the same law are as follows: the Court applied the same law to settle civil cases where the parties had not agreed, the law has no regulations and no usages are applied according to the provisions of article 5 of the civil code and paragraph 1 of this article.
When the same laws apply, the Court must clearly define the legal nature of the incident, clearly identified in the current legal system has no legal would adjust that relations and define the legal adjustment of similar civil relations.
3. The application of the basic principles of civil law, court rules, probably fair are as follows: the Court applied the basic principles of civil law, court rules, probably fair to settle a civil case when not applicable, customs law according to the provisions of article 5 and article 6 paragraph 1 of the civil code , clause 1 and clause 2 of this Thing.
The basic principles of the civil law is the principle set forth in article 3 of the civil code.
Judgment of the Court research, applied in resolving civil cases when was the Council of judges of the Supreme People's Court and the choice was the Chief Justice of the Supreme People's Court announced.
Probably fair is determined on the basis of probably everyone in society must be acknowledged, in accordance with humanitarian principles, not biased and equality of rights and obligations of litigants in civil cases.
Chapter IV the AGENCY CONDUCTING the PROCEEDINGS, the PROCEEDINGS are CONDUCTED and the CHANGE of the PERSON CONDUCTING the PROCEEDINGS Article 46. Bodies conducting the proceedings, the person conducting the proceedings 1. The Agency conducted the civil proceedings include: a) the Court;
b) Procurator.
2. The person who conducts civil proceedings include: a) the Chief Justice of the Court, the judge, jurors, Inquisitor, court clerk;
b) Minister Prosecutor, Prosecutor, Inspector.
Article 47. The duties and powers of the Chief Justice of the Court 1. Chief Justice of the Court of the duty, the following powers: a) organize the work of the civil jurisdiction of the Court; ensure implementation of the principle of the judge, the jurors on trial independence and only obey the law;
b) decide the assignment judge in the civil case, judge resolve the incident, people's assessors participate in the trial of the case; the decision assigned to Inquisitor, Secretary to the court proceedings are conducted against the guaranteed right of principle prescribed in clause 2 article 16 of this law;
c) decided to change the judges and people's assessors, Inquisitor, Secretary to the Court before the Court;
d) decided to change the examiner, the translator before opening the trial;
DD) decisions and conduct of civil proceedings under the provisions of this law;
e) complaints, accusations under the provisions of this law;
g) protest under procedure of Cassation, retrial verdict, the decision has force of law the Court under the provisions of this law or petition the Chief Justice the Court has jurisdiction to consider the appeal under the procedure of Cassation, retrial verdict, the decision has force of law court;

h) recommendations to competent State agencies to review, amend, supplement or annul the legal text if detected signs left with the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the legal text of the Superior State organs under the provisions of this law;
I) handle acts impedes the operation of civil proceedings under the provisions of the law;
k) perform other duties and powers prescribed by the law.
2. When the Chief Justice is absent, a Deputy Chief Justice is the Chief Justice mission, mandate and powers of the Chief Justice, except the right to appeal specified in point g of paragraph 1 of this. Deputy Chief Justice responsible to Chief Justice on the implementation of the tasks, powers are delegated.
Article 48. The duties and powers of judges to be Chief Justice of the court assigned judge, whose task, the following powers: 1. Handling the petition, petition, the civil case under the provisions of this law;
2. Set the record;
3. Collect, verify the evidence, held a court session, to resolve civil cases under the provisions of this law;
4. Decides to apply, change, cancellation of provisional measures;
5. Decide on suspension or suspension of civil cases, the decision to keep putting out the civil case settled;
6. Interpretation, guidance for litigants to know they made the right to legal assistance requests under the provisions of the legislation on legal aid;
7. Conduct the session examine the hand, approach, publicly the evidence and mediation, the decision recognized the agreement of litigants under the provisions of this law;
8. The decision to put the civil case on trial, put the population of the settlement;
9. Convening the trial participants, the session;
10. To preside or participate in hearing civil cases, to resolve civil matters;
11. Recommend the Chief Justice the court assigned to Inquisitor support activities in proceedings under the provisions of this law;
12. the findings and recommendations the Chief Justice the court petition the competent State agencies to review, amend, supplement or annul the legal text with signs contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the legal text of the Superior State organs under the provisions of this law;
13. Handling acts impedes the operation of civil proceedings under the provisions of the law;
14. Conduct other proceedings when resolving civil cases under the provisions of this law.
Article 49. The duties and powers of the people's assessors to be Chief Justice of the court assigned to the people's assessors, whose task, the following powers: 1. to study the case file before opening the trial;
2. Suggest Chief Justice Court judge, the necessary decisions under the authority;
3. Join the trial civil cases;
4. Conduct of the proceedings and horizontal operation right to judge when to vote on the issues under the jurisdiction of the Board of review.
Article 50. The duties and powers of the Inquisitor to be Chief Justice of the court assigned, Inquisitor has the task, the following powers: 1. Verify the civil case records that the judgment, the Court's decision was in effect the laws need reconsideration under procedure of Cassation, retrial;
2. conclusion of the investigation and reporting of results assessment, propose to resolve the case with Chief Justice of the Court;
3. Collect documents and evidence related to the civil case under the provisions of this law;
4. The judges support the active implementation of the proceedings under the provisions of this law;
5. Perform other duties as prescribed by this law.
Article 51. The duties and powers of the Secretary to the Court when Chief Justice the Court assignment, court clerk tasks, the following powers: 1. Prepare the necessary task before the opening of the trial;
2. Common rules and Court;
3. Examine and report to the Board of review list who was summoned to the court session;
4. Record the trial, session, report on the testimony of a participant in the proceedings;
5. Perform other duties as prescribed by this law.
Article 52. The case must reject or change the person conducting the proceedings Who conducted the proceedings to refuse to conduct the proceedings or is changed in the following cases: 1. They also litigants, who represents relatives of litigants;
2. They have participated in the proceedings as the protection of the legitimate rights and interests of litigants, witnesses, the examiner, an interpreter in the same service;
3. clear base that they can not indifferent while on duty.
Article 53. Change the judge, jurors, judge people's jurors to refuse to conduct the proceedings or is changed in the following cases: 1. In one of the cases specified in article 52 of this law;
2. They in a trial and is loved like together; in this case, only one person is conducting the proceedings;
3. They got involved to solve according to the procedure of first instance, appellate, cassation or retrial of civil cases and issued the judgment at first instance, the judgment of the appellate decision, the decision of Cassation or retrial, decided to settle civil, decided to suspend the the decision recognized the agreement of litigants, unless a member of the Council of judges of the Supreme People's Court, the Committee of the people's Court judges senior was taking to solve that case under the procedure of Cassation, retrial;
4. They were the conduct of the proceedings in that case as the Inquisitor, the Secretary of the Court, the Prosecutor, Inspector.
Article 54. Change the court clerk, court clerk Inquisitor, Inquisitor must refuse to conduct the proceedings or is changed in the following cases: 1. In one of the cases specified in article 52 of this law;
2. They were the conduct of the proceedings in that case as the judge, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector;
3. Is loved like one of those conducting the proceedings in the case.
Article 55. The procedure refuses to conduct the proceedings or recommend changes to the judge, jurors, Inquisitor, Secretary of the Court 1. Refusal to conduct the proceedings or recommend changes to the judge, jurors, Inquisitor, the clerk of court before the trial opened, the session must be made in writing, which stated the reasons and grounds of refusal to conduct the proceedings or recommend changes to the conduct of the proceedings.
2. The refusal to conduct the proceedings or recommend changes to those specified in paragraph 1 of this article at the trial, the session must be recorded in the minutes of the trial, the session.
Article 56. Decide the change of judges, jurors, Inquisitor, Secretary of the Court 1. Before the opening of the trial, the change of judges, jurors, Inquisitor, Secretary to the Court by the Chief Justice of the Court decision. The case of the judge be changed is the Chief Justice of the Court of the jurisdiction to decide the changes as follows: a) the judge is Chief Justice at district level people's Court by the Chief Justice of the provincial people's Court decision;
b) judge is Chief Justice of the provincial people's Court by the Chief Justice of the high people's Court has jurisdiction under the territory for province-level people's courts that decide;
c) judge is Chief Justice of the high people's Court by the Chief Justice of the Supreme People's Court decision.
2. At trial, the change of judges, jurors, Inquisitor, Secretary to the Court by the trial decision after listening to the opinions of the people being asked to change. Trial discussion at the deliberation and decision by the majority. The case to change the judge, jurors, Inquisitor, Secretary of the Court of trial decision adjourned the trial. The Chief Justice the Court decision sent judges, jurors, Inquisitor, who replaced the court clerk is changed. If the person is changed is the Chief Justice of the Court, the Authority decided to be made according to the provisions in clause 1 of this article.
3. The change of judges and the court clerk when resolving civil matters are made according to the provisions in clause 1 and clause 2 Article 368 of the Penal Code.
4. within 10 working days from the date of the trial, adjourned the session, Chief Justice of the Court must send another alternative.
Article 57. The duties and powers of Minister the Prosecutor 1. When the Prosecutor comply with law in civil proceedings, the Minister the Prosecutor has the task, the following powers: a) organized and directed the Prosecutor comply with law in civil proceedings;
b) decision assigned Prosecutor Prosecutor made the rule in civil proceedings, to join the trial hearing civil cases, civil resolution session under the provisions of this code and inform the Court; the decision assigned inspector to conduct the proceedings against civil service properly secured the principle prescribed in clause 2 article 16 of this law;
c) decide to change, check;
d) protest under procedure of Cassation, appeal, retrial verdict, the decision of the Court under the provisions of this law;
DD) requirements and recommendations according to the provisions of this law;
e) complaints, accusations under the provisions of this law;
g) perform other duties and powers prescribed by the law.
2. When a Minister is absent, a Deputy Head of Institute mission, mandate and powers of the Director, except for the right to decide on an appeal specified in point d of paragraph 1 of this article. Deputy Director responsible to the Minister on the implementation of the tasks, powers are delegated.
Article 58. The duties and powers of the Prosecutor when he was Minister prosecutor assigned the Prosecutor made the rule in civil proceedings, the Procurator has the following powers, duties: 1. the Prosecutor returned the petition, the petition;
2. The Prosecutor the acceptance, the;

3. the records research; ask the Court to verify, collect evidence in the process of settling the civil case under the provisions of this law; gather documents and evidence as defined in paragraph 97 of this Law Article 6;
4. Join the trial, session and statements of opinion of the Procurator of the resolves the incident according to the provisions of this law;
5. The Prosecutor's judgment, the decision of the Court;
6. Recommendations, ask the Court to implement the activities of the proceedings under the provisions of this law;
7. Minister suggested the Prosecutor has the right to protest the verdict, the decision of the Court to have breached the law;
8. active Prosecutor in proceedings of the participants in the proceedings; requirements, recommendations, the Agency held strict processing authority who join the proceedings violate the law;
9. the duties and powers of other civil proceedings under the authority of the Procurator as regulated by this law.
Article 59. The duties and powers of inspection staff When was assigned to conduct the proceeding, check with the task, the following powers: 1. to study the records, reports the results to the Prosecutor;
2. Prepare the civil prosecutor assigned by the Prosecutor or Minister the Prosecutor;
3. Help the Prosecutor Prosecutor comply with law in civil proceedings.
Article 60. Change the Prosecutor, Inspector, inspector must refuse to conduct the proceedings or is changed in the following cases: 1. In one of the cases specified in article 52 of this law;
2. They were the conduct of the proceedings in that case as the judge, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector.
Article 61. The procedure refuses to conduct the proceedings or recommend changes, check the Member 1. Before opening the trial, refused to conduct the proceedings or the Prosecutor proposed changes must be made in writing, which stated the reasons and grounds of the rejection or suggest changes.
Refusal to conduct the proceedings or recommend changes to check the Member must be made in writing, which stated the reasons and grounds of the rejection or recommended changes to the test.
2. At the trial, refused to conduct the proceedings or recommend changing the Prosecutor must be recorded in the minutes of the trial.
Article 62. The decision to change, check the Member 1. Before opening the trial, Prosecutor changes due to Minister the Prosecutor the same level decisions; If the Prosecutor is being changed by the Procuracy Institute Chief Minister the superior prosecutor directly decided.
The Inspector changes due to Minister the Prosecutor the same level decisions.
2. At trial, the Prosecutor changed due to trial the decision after listening to the opinions of the people being asked to change. Trial discussion at the deliberation and decision by the majority.
The case, the Prosecutor had changed the trial decision adjourned the trial. The election of the replacement Prosecutor prosecutor changed due to Minister the Prosecutor the same level decisions. If the Prosecutor is being changed by the Procuracy Institute Chief Minister the superior prosecutor directly decided.
3. Changing the Prosecutor when the civil settlement is made according to the provisions in paragraph 3 Article 368 of the Penal Code.
4. within 10 working days from the date of the trial, adjourned the session, Minister Prosecutor must send another alternative and notified in writing to the Court.
Chapter V the COMPOSITION Article 63. The trial of the first instance civil cases the trial at first instance civil cases consists of one judge and two people's assessors, except in cases specified in article 65 of this code. In special cases, the trial of first instance may consist of two judges and three people's assessors.
For the case to be privy to as juveniles, they must have the people's assessors who have or are working in the Communist Youth Union Ho Chi Minh, Vietnam Women's Union, state management agencies about family, state management bodies of children.
For the case of labour, they must have the people's assessors who have been or are the work of organized labor collective representation or who have knowledge of labor law.
Article 64. The Board of appeals civil case Appeals Council civil case include three judges, except in cases specified in article 65 of this code.
Article 65. Hearing civil cases under the shortened procedure The trial at first instance, appellate civil case under the shortened procedure conducted by a judge.
Article 66. The trial of Cassation, retrial civil case 1. The Committee of the people's Court judges senior trial of Cassation, retrial by the Board of review consisting of three judges or the entire Committee of the people's Court judge.
2. The Council of judges of the Supreme People's Court of Cassation hearing, retrial by the trial judge or the whole of five judges of the Supreme People's Court.
Article 67. Resolve civil matters 1. Asked about civil, marriage and family, business, commercial, labour provisions in clause 5 article 27, paragraph 9 to article 29, paragraph 4 and paragraph 5 article 31, paragraph 2, 3 and 4 of this law 33 or the appeal, the appeal against the decision to solve the collective of three civilian judges.
2. Ask about civil, marriage and family, business, commercial, labor, not in the case prescribed in clause 1 of this article by a judge.
3. Resolve business requirements, trade provisions in clause 2 of article 31 of this law are made according to the provisions of the law on commercial arbitration.
Chapter VI the PROCEEDINGS section 1 LITIGANTS in CIVIL CASES Article 68. Litigants in civil cases 1. Litigants in civil cases is the body, personal organization, including the plaintiff, the defendant, who has the rights, the obligations involved.
Litigants in civil matters is the individual, organization, including the resolution of civil work and people have rights, obligations are concerned.
2. The plaintiffs in the civil case is the petitioner who was Agency, organization, the other individual prescribed by this law to ask the Court to resolve civil cases when for that legitimate rights and interests of the person is infringed.
Authorities, organised by the Ministry of laws regulating civil lawsuits start to ask the Court to protect the public interest, the interests of the State in his field in charge is also the plaintiff.
3. The defendant in the civil case were plaintiffs sue or be organs, organizations, and individuals regulated by this law to ask the Court to resolve civil cases when for that legitimate rights and interests of the plaintiffs were that person violated.
4. People who have rights, obligations are involved in civil cases who although not sue, not sued, but the resolution of civil cases related to rights, their obligations should they be themselves suggest or recommend other litigants and the Court accepted them on to join the proceedings as a person of interest , the related obligations.
The case of the resolution of civil cases related to rights, obligations of someone that no one suggested putting them in to join the proceedings as a person of interest, related obligations, the Court must take them to join the proceedings as a person of interest , the related obligations.
5. The requester to resolve civil matters is people asking the Court to recognize or not recognize a legal base making events incurred civil obligations, rights, marriage and family, business, commercial, labour, or of the agencies, organizations, and individuals; ask the Court to recognize for his civil rights, marriage and family, business, commercial, labour.
6. Who has the rights, the obligations involved in civil matters is who but does not claim to resolve civil matters but the resolution related to civil rights, their obligations should they be suggested by yourself or litigants in civil court and proposals accepted them on to join the proceedings as a person of interest , the related obligations.
Case resolution related to civil rights, obligations of someone that no one suggested putting them in to join the proceedings as a person of interest, related obligations, the Court must take them to join the proceedings as a person of interest the related obligation, in civil matters.
Article 69. Legal capacity in civil proceedings, and the capacity of civil litigation behavior of 1. Legal capacity in civil proceedings is likely to have its rights, obligations in civil litigation by the law regulations. All agencies, organizations, individuals have legal capacity in civil proceedings as in the ask the Court to protect the rights and legitimate interests.
2. Capacity of civil litigation behavior is the ability to make yourself right, civil service or authorized representatives to participate in the proceedings.
3. Privy is enough people from eighteen years of age have full capacity for civil conduct, except for the loss of the capacity for civil acts or the law otherwise.
For the person with limited capacity for civil acts, who have difficulties in cognitive, behavioural mastery, the capacity of civil litigation behavior they are determined at the discretion of the Court.
4. Privy is the incomplete six years or who lost the capacity for civil acts shall not have the capacity for civil acts. The implementation of the right, the obligation of civil proceedings, the protection of the rights and legitimate interests for these people in court by their legal representatives made.
5. Privy is people from six years old to enough not enough fifteen rights, the practice of civil procedure obligations of litigants, the protection of the rights and legitimate interests for these people in court by their legal representatives made.
For the person with limited capacity for civil acts, who have difficulties in cognitive, behavioural mastery, the implementing authority, the obligation of their civil proceedings, the protection of the rights and legitimate interests for them is determined by the decision of the Court.

6. Litigants are people from enough fifteen to eighteen years old enough have joined labour under employment contract or civil transactions by his own property was himself involved in the proceedings of the work related to labour relations or civil relations. In this case, the Court has the right to summon their legal representative participating in the proceedings. As for the other things, the implementation of the right to civil proceedings, obligation of litigants in court by their legal representatives made.
7. the Privy is the Agency, organized by the legal representative participating in the proceedings.
Article 70. Rights, obligations of litigants litigants have a right, obligation to peer when participating in the proceedings. When participating in the proceedings, litigants have the right to, the following obligations: 1. To respect the Court, accepted the trial rules;
2. An advance payment of court fees, advance fees, court fees, fees and other litigation expenses under the provisions of the law;
3. Provide complete, correct address of residence, his Office; in the process of the Court if there is a change of address of residence, Head Office, they must promptly inform other litigants and the courts;
4. Hold, change, addition or withdrawal of a claim under the provisions of this law;
5. Provide documentary evidence; proof to protect the rights and legitimate interests;
6. Requests bodies, organizations, individuals are kept, document management, document provided evidence, that evidence for themselves;
7. the proposed court to verify, collect documentary evidence of the affair that the yourself not be performed; suggest other litigants request Court to present documents and evidence that they are kept; suggested the Court decision requires agencies, organizations, individuals are kept, document management, document provided evidence, that evidence; suggest the Court summoned witnesses, referendum, to decide the valuation of assets;
8. Be aware, take notes, copies of documents and evidence presented by other litigants or by the Court to collect evidence, documents, except for the provisions in paragraph 2 of this Law 109;
9. Is obliged to send to the other litigants or their legal representative a copy of the petition and the documents, evidence, except for documents, evidence that other litigants, documents evidence prescribed in clause 2 Article 109 of this Act.
The case for good reason cannot copy, submit the petition, documents, evidence, then they have the right to ask the Court to support;
10. Suggest the Court decided to apply, change, cancellation of provisional measures;
11. self agreed with each other about the resolution of the case; join the mediation conducted by the Court;
12. Receive valid notifications to perform his obligations, rights;
13. Protect or thanks to other people who protect the rights and legitimate interests;
14. Request to change the conduct of the proceedings, persons involved in proceedings under the provisions of this law;
15. Attend the trial session, according to the provisions of this law;
16. To be present according to the summons of the Court and accept the decision of the Court in the process of the Court;
17. Recommended the court give people have rights, obligations relating to participate in the proceedings;
18. the proposed court to temporarily suspend the provisions of this law;
19. Given the question with others about issues related to the case or to propose to the Court the issue should ask other people; be confront with each other or with witnesses;
20. the debate at the trial, given the arguments about the evidence and the applicable legislation;
21. Be given excerpts of judgment, the judgment, the decision of the Court;
22. claims appeal the verdict, the decision of the Court under the provisions of this law;
23. the proposal to have the right to protest under procedure of Cassation, retrial verdict, the decision of the Court has legal effect;
24. Accepted the verdict, the decision of the Court has legal effect;
25. Using the rights of the litigants a goodwill way, not be abused to interrupt the operation of the court proceedings, other litigants; the case does not perform the obligation shall suffer the consequences because of this law Sets forth;
26. Rights, obligations which the law has specified.
Article 71. Rights, the plaintiff's obligations 1. The rights of litigants, the provisions of article 70 of this law.
2. Change the content required to sue; withdraw part or all of the requirements to sue.
3. Accept or reject part or all of the required side of the defendant, whose rights, obligations relating to independent requirements.
Article 72. Rights, the obligation of the defendant 1. The rights of litigants, the provisions of article 70 of this law.
2. Was the Court informed about being litigated.
3. Accept or reject in whole or in part the plaintiff's request, people have rights, obligations relating to have demanded independence.
4. Demand side factors with respect to the plaintiff, if relevant to the plaintiff's requests or suggestions except with respect to the obligation of the plaintiff. As for the request response factor, the defendant has the right, the plaintiff's obligations stipulated in article 71 of this law.
5. Make a claim of independence for the rights, obligations and requires this independence is related to the resolution of the case. With regard to the requirement of independence, the defendant has the right, the plaintiff's obligations stipulated in article 71 of this law.
6. in case of request the request or response are not independent courts accept to settle in the same case, the defendant has the right to sue the other lawsuits.
Article 73. Rights, the obligation of the person having the rights, the obligations involved 1. People have the rights, related rights obligations, obligations are the following: a) the rights, the obligations specified in article 70 of this law;
b) can have independent inquiries or proceedings with the plaintiff or defendant side.
2. People who have rights, obligations relating to independent request and requires this independence is related to the resolution of the case shall have the right, the plaintiff's obligations stipulated in article 71 of this law. The case of independent requests are not accepted to address the Court in the same case, the people have rights, obligations relating to have rights to other projects.
3. People have rights, obligations relating to the proceedings if the plaintiff or only the rights shall have the right, the plaintiff's obligations stipulated in article 71 of this law.
4. People who have rights, related obligations if proceedings with the defendant or party only obligation shall have the right, the obligation of the defendant the provisions of article 72 of this law.
Article 74. Inheritance rights, the obligation of the proceedings 1. Cases of litigants as individuals are involved in the proceedings dead rights, obligations on their property is inherited, the heir to the proceedings.
2. where the Privy is the Agency, organizations are involved in proceedings to terminate the operation, was dissolved, consolidation, merger, Division, separation, transformation, the Organization inherited rights, obligations of civil proceedings of bodies, organizations that are identified as follows: a) the case of the Organization must cease operation , disbanded as joint stock companies, limited liability companies, partnerships, individuals, then organizations are members of the organization or their representatives to participate in the proceedings;
b) where bodies, organizations must cease operation, is dissolved is the State Agency, the people's armed units, political organization, social-political organizations, social-political organizations, social organizations, social-professional organizations, State enterprises, the legal representative of the Agency , superior organization of the Agency, institution or legal representative of the agency or organization receiving the rights, obligations of organs, organizations that participate in the proceedings;
c) case, the best organization, merger, Division, separation, transformation of organization, the individual, the Organization assumed, the obligation of organizations that participate in the proceedings.
3. in case of change of owners and organizations have the right to transfer, obligations for the new owner, the new owner inheritance rights, the obligation of the proceedings.
4. in case of transfer of rights, the organization is obliged to follow the provisions of civil legislation, the organization that succeeded the rights, obligation of the proceedings.
5. The case held no legal involvement in civil relations which the representative is to participate in the proceedings of that organization must die sent other people as representatives to participate in the proceedings; If no elections are held or representative which must cease operation, is dissolved, the individuals are members of organizations that participate in the proceedings.
Section 2 of the PARTICIPANTS of OTHER PROCEEDINGS Article 75. The protection of the legitimate rights and interests of litigants 1. The protection of the legitimate rights and interests of litigants are participants in the proceedings to protect the rights and legitimate interests of litigants.
2. The following persons made the protection of the legitimate rights and interests of litigants as requested by litigants and Court registration procedure, the protection of the legitimate rights and interests of litigants: a) lawyers involved in proceedings under the provisions of the law on lawyers;
b) help members or participants of legal aid under the provisions of the legislation on legal aid;
c) representatives of organizations representing labor collective was the protection of the legitimate rights and interests of workers in a labor case under the provisions of the labour legislation, Trade Union;
d) Vietnam citizens have the capacity for civil acts in full, with no project or area has been deleted projects, not in the case are being applied in administrative processing measures; not the officials and public servants in court bodies, Procuracy and servants, officers, non-commissioned officers in the public safety sector. 3. The protection of the legitimate rights and interests of litigants can protect the legitimate rights and interests of many litigants in the same case, if the legal rights and interests of those that are not in opposition to each other. Many people defend the legitimate rights and interests of litigants can jointly safeguard the legitimate rights and interests of a litigant in the case.
4. When the Court suggested procedures for registering people who protect the legitimate rights and interests of litigants, the proposal must present the following documents: a) lawyers to present the papers according to the provisions of the law on lawyers;

b) help the legal officer or legal help participants produce election documents the implementation of the Organization's legal help make legal assistance and legal aid staff card or cards lawyer;
c) representatives of organized labor representative to present the text of the organization that sent her to protect the legitimate rights and interests of its employees, labor collective;
d) Vietnam citizens eligible specified in point d of paragraph 2 this certificate request by litigants and identification.
5. after checking the papers and seen people suggest that qualify as legitimate rights and interests of litigants to the provisions in clause 2, 3 and 4 of this Article shall within 10 working days from the date of receiving the proposal, the Court is on the registry who protected the legitimate rights and interests of litigants and confirmed on paper love the protection of the legitimate rights and interests of litigants. The case refused to sign, the Court must be informed in writing and stating the reason for the proposal.
Article 76. Rights, the obligation of the protection of legitimate rights and interests of litigants 1. Proceedings from the petitioner or any stage in the course of civil proceedings.
2. Collect and provide documents and evidence for the Court; study the case file and recorded, copy the necessary documents in the case to protect the legitimate rights and interests of litigants, unless otherwise documented, evidence prescribed in clause 2 Article 109 of this Act.
3. Participate in the mediation, the session, the trial or the case not participate then sent the text to protect the legitimate rights and interests of litigants to court review.
4. On behalf of litigants ask to change the conduct of the proceedings, participants in other proceedings under the provisions of this law.
5. Help litigants legally related to the protection of the rights and legitimate interests; the case was then authorized litigants on behalf litigants receive papers, proceedings that the court documents served or notified and responsible move for litigants.
6. The rights, the obligations specified in paragraphs 1, 6, 16, 17, 18, 19 and 20 Article 70 of this law.
7. Rights, obligations which the law has specified.
Article 77. Witnesses who know the details relevant to the content being privy to recommendations, the Court summoned to join the proceedings as a witness. Who lost the capacity for civil acts could not be witnesses.
Article 78. Rights, obligations of witnesses 1. Provide all the information, documents, objects that have been relevant to the resolution of the incident.
2. Declare the true details that I know are relevant to the resolution of the incident.
3. Be refusing if his testimony related to State secrets, confidentiality, trade secrets, personal secrets, family secrets or declaring it has bad effects, detrimental to litigants who have relative to themselves.
4. Are the holiday during the court summons or testimony, if working in agencies, organizations.
5. Is the payment of the relevant fee as prescribed by the law.
6. Requests the Court was convened, the competent State bodies to protect life, health, honour, dignity, property and other legitimate rights and interests when participating in the proceedings; the complaint proceedings acts of the person conducting the proceedings.
7. Compensation for damage and responsibility before the law by declaring false cause damages to litigants or to others.
8. Must be present in court, the trial session, according to the summons of the Court if the testimony of the witness must be made public in court, the trial, the session; case the witnesses do not come to the trial, the session without good reason and the absence of them obstructing the trial, addressed the judge, the Board of review, the Board addressed the decision could lead the award testified to the trial, session, unless witnesses are minors.
9. the warrant before the Court on the implementation of the rights, obligations, unless witnesses are minors.
Article 79. The examiner is the examiner who has the knowledge, the experience required under the provisions of the law on the field object needs assessment which the Court examiner or referendum be privy examination requirements under the provisions of article 102 of this law.
Article 80. Right, the examiner's obligation 1. The examiner has the right, the following obligations: a) reading material in the case file concerning examination object; ask the Court to provide the documentation necessary for the inspection;
b) ask for the participants in the proceedings about the issues relevant to the subject expertise;
c) Must be present according to the summons of the Court; presentation, interpretation, answer the problems related to the assessment and conclusions the assessment honest, objective, base;
d) must be notified in writing to the Court about the examiner could not be due to the need for forensic expertise, beyond the documentation provided for insufficient assessment or unusable;
DD) Must preserve documents received and sent back court with the conclusion or assessment together with the notice of assessment was not possible;
e) are not themselves collect material to conduct the assessment, exposure to participants in other proceedings if the exposure that do affect the outcome assessment; not to disclose confidential information which I know when conducting the assessment or examination results notice to another person, unless the judge decides on inspections;
g) paid the relevant fees prescribed by law;
h) warrant before the Court on the implementation of rights, obligations.
2. The examiner must refuse inspections or be changed in the following cases: a) In one of the cases specified in paragraph 1 and paragraph 3 Article 52 of this law and in article 34 of the law on the judicial inspection;
b) They participated in the proceedings as the protection of the legitimate rights and interests of litigants, witnesses, an interpreter in the same case;
c) They had conducted the proceedings in that case as the judge, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector.
Article 81. Translator 1. Translator is able to translate from one language to another Vietnamese place and vice versa in the case of participants in the proceedings are not to be used for Vietnamese. Translator be a equivalent-choice party or the parties litigant the Agreement option and are accepted or court is the Court required to translate.
2. the literacy of the People disabled people looking or listening, speaking in the language of symbols, the disability hearing, said is also considered an interpreter.
Case only the representative or relatives of disabled people disabled people look or listen, say, know the language, the symbol of the disabled, the representative body or the like can be accepted as court interpreter for the disabled.
Article 82. Rights, obligations of translator 1. The translator has the right to, the following obligations: a) to be present according to the summons of the Court;
b) Must interpret honestly, objectively, meanings;
c) suggest the person conducting the proceedings, the proceedings further explains the content need translation;
d) Not be in contact with the participants of other proceedings if the exposure that do affect the integrity, objectivity, proper translation;
DD) paid the relevant fees prescribed by law;
e) warrant before the Court on the implementation of rights, obligations.
2. Translator must reject translated or changed in the following cases: a) In one of the cases specified in paragraph 1 and paragraph 3 Article 52 of this law;
b) They participated in the proceedings as the protection of the legitimate rights and interests of litigants, witnesses, the judge in the same case;
c) They have conducted the proceedings as judges, jurors, Inquisitor, Secretary of the Court, the Prosecutor, Inspector.
Article 83. The procedure refuses inspections, interpretation or recommendation changing the examiner, the interpretation 1. The examiner refused, interpretation or recommendation changing the examiner, an interpreter before the opening of the trial, the session must be made in writing stating the reason for denial or suggest changes.
2. The examiner refused, interpretation or recommendation changing the examiner, an interpreter at the trial, the session must be recorded in the minutes of the trial, the session.
Article 84. Decided to change to the examiner, the interpretation 1. Before the trial, opening the session, changing the examiner, translator by the Chief Justice of the Court decision.
2. At trial, the session, changing the examiner, the interpretation by the judge, the Board of review, the Council addressed civil decided after hearing the opinion of the people being asked to change. The Board of review, the Council addressed civil discussion at the deliberation and decision by the majority.
The case must change the examiner, the interpreter, the trial judge, the Council addressed civil decision to postpone the trial, the session. On other examiners or other translator changes made under the provisions of article 79 and 81 of this Act.
Article 85. Representative 1. The representative in civil proceedings including legal representatives and authorized representative. The representative may be individuals or legal entities according to the provisions of the civil code.
2. legal representative according to the provisions of the civil code is representative under the law of civil procedure, except where severely limited the right of representation under the provisions of the law.
Agencies, organizations, individuals to sue to protect the rights and legitimate interests of others is also a representative under the law of civil procedure of the protected person.

3. Representative organizations of labour collective is the legal representative for the collective of workers Sue labor lawsuits, proceedings in the Court when the rights, legitimate interests of workers being violated; representative organizations of labour collective representing workers Sue labor lawsuits, joined the proceedings as are authorized workers.
Multiple case workers have the same requirements for the employer, in the same business unit, then they are granted to a representative of the Organization of collective labor representatives on their behalf to sue labor lawsuits, joined the proceedings in court.
4. The representative authorized under the provisions of the civil code is the authorized representative in civil proceedings.
As for the divorce, litigants are not delegated to another person on behalf of her participation in the proceedings. The case of father, mother, like other ones ask the Court to settle the divorce as prescribed in clause 2 Article 51 of the law on marriage and the family, they are represented.
Article 86. Rights, obligations of representatives 1. Legal representation in civil rights, civil procedure obligations of litigants in the scope that I represent.
2. the authorized representative of civil rights litigation, civil litigation obligations of litigants under the authorization text content.
Article 87. These cases are not representative 1. The following people are not representative and law: a) If they are also involved in the same incident with the person represented that the legitimate rights and interests of their opposition to the legitimate rights and interests of the person represented;
b) If they are represented by the law in civil litigation in an other litigants that the legitimate rights and interests of litigants that opposition to the legitimate rights and interests of the person to be represented in the same incident.
2. The provisions in paragraph 1 of this article are also applicable to the case of the authorized representative in civil proceedings.
3. public officers in the jurisdictions, the Prosecutor, the police were not representative in civil proceedings, unless they participate in the proceedings as the representative for their agency or as legal representative.
Article 88. Specifies the representation in civil proceedings 1. When conducting civil litigation, if litigants are juveniles, who lost the capacity for civil acts, persons with limited capacity for civil acts, who have difficulties in cognitive, behavioural mastery without the representative or the legal representative of them in one of the cases specified in clause 1 Article 87 of this Act, the Court to designate a representative to participate in the proceedings.
2. With regard to the incident that labour have litigants in the case prescribed in clause 1 of this article or the employee is a minor without representation, and the courts also do not specify agent as defined in paragraph 1 of this article, the court appoints a representative organization of labor collective to represent workers there.
Article 89. Terminating representation in civil proceedings the representative under the law, the authorized representative in civil proceedings to terminate the representation under the provisions of the civil code.
Article 90. Consequences of termination of representation in civil proceedings 1. The case ended legal representation that the person represented has a minor or have capacity for civil acts, that person himself joined the civil proceeding or authorized for other participants of civil proceedings under the procedure prescribed by this law.
2. in case of termination of the authorized representative, the litigant or the litigant's heir to directly participate in the proceedings or another person authorized for representation proceedings under the procedure prescribed by this law.
Chapter VII the PROOF and EVIDENCE Article 91. The burden of proof 1. Litigants have requested the Court to protect the rights and legitimate interests to collect, provide, deliver to the Court the documents and evidence to justify the request is legitimate and, except for the following cases: a) consumers sue has no obligation to prove the fault of the Organization personal business, goods, services. Organizations, individuals, service merchandise business being sued are obliged to prove themselves not at fault causing damage under the provisions of the law on protection of consumer rights;
b) Privy is the workers in the case of labour without providing, hand was to the court document, evidence for reasons of material evidence that are due to the use of labour management, retention of the employers have a responsibility to provide, deliver, document that evidence to the Court.
Workers Sue case to terminate labor contracts in cases where the employers do not be make the right unilaterally to terminate the employment contract or the case was not disciplined for the workers who labor under the provisions of the labour legislation, the burden of proof belongs to the employers;
c) The case law contains provisions on the burden of proof.
2. the Equivalent requirements of others for yourself must be in writing and must collect, provide, deliver to the Court the documents and evidence to prove that opposition.
3. the authorities, institutions and individuals to sue to protect public interests, the interests of the State or ask the Court to protect the rights and legitimate interests of others must collect, provide, deliver to the Court the documents and evidence to justify the initiation of the event, your request is legitimate and well-grounded.
Social organizations participate in protecting the rights of consumers are not obliged to prove the fault of the Organization, the individual goods or services in accordance with the law on protecting the rights of consumers.
4. Litigants have the obligation to give evidence to prove that no evidence or not giving sufficient evidence, the Court resolved the case by the evidence already collected in the case.
Article 92. Details, facts not proven 1. The following events are not proven: a) details, the clear event that everyone knows and admits to court;
b) details, events have been identified in the judgment, the Court's decision has the effect of law or decisions of competent State agencies have legal effect;
c) details, events have been recorded in writing and be notarized, legal endorsement; case of suspected signs of the objectivity, the event or the objectivity of documents notarized, certified, the judge may ask the litigants, the Agency certified organization, attest to present original, original.
2. A party litigant admitted or no objection those details, events, documents, text, conclusion of the professional body to which the other litigant parties launched party litigants that is not proven.
3. Litigants have a representative participate in the proceedings, the acknowledgment of the representative is regarded as recognition of litigants if not exceed the scope of representation.
Article 93. Evidence evidence in the civil case is what has really been privy and the agencies, organizations, and individuals deliver, presented to the Court in the course of the proceedings or the Court collected in sequence, the procedure prescribed by this law and are using the courts as a basis to determine the details of the case as well as defining love or the objections of the litigants is based and legally.
Article 94. Sources of evidence and evidence was collected from the following sources: 1. The document read, hear, see, electronic data;
2. Physical evidence;
3. Testimonies of litigants;
4. The testimony of witnesses;
5. Concluding assessment;
6. Record the results on the spot appraisal;
7. property valuation, valuation of assets;
8. Text recorded events, legal behavior by people with functions;
9. certified documents, testimonials;
10. other sources of law.
Article 95. Identify evidence 1. The document read content is considered original if it is evidence or a copy, certified by the agency or the competent organization, supply, endorse.
2. A document hearing, looked to be considered if evidence be presented accompanied by the text presented by the person who has that document about the origin of the document if they self recorded, videotaped or written confirmation of the person who has provided the present about the origin of that document or writing on the work related to the recording , record it.
3. electronic data message is expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telephone, fax and other similar forms in accordance with the legislation on electronic transactions.
4. Physical evidence is the evidence must be original artifacts related to the incident.
5. Testimony of litigants, the testimony of the witnesses was considered evidence if recorded in writing, tape recorders, disc recorders, tape, disk, other equipment contains sounds, images as defined in paragraph 2 of this Article or by testimony at the trial.
6. The conclusion was regarded as evidence if the assessment that was conducted in accordance with the procedure prescribed by law.
7. Record the result on the spot evaluation considered the evidence if the evaluation was conducted in accordance with the procedure prescribed by law.
8. Valuation of property, property valuation results are considered as evidence if the valuation, valuation was conducted in accordance with the procedure prescribed by law.
9. Text recorded events, legal behavior by people with functions in place are considered evidence if the recorded text events, legal acts are conducted in accordance with the procedure prescribed by law.
10. certified documents, testimonials are considered the evidence if the notary, authentication is done in accordance with the procedure prescribed by law.
11. other sources of law are regulated is defined as evidence under this condition, the procedure that the law regulations.
Article 96. Deliver documents and evidence

1. In the process of the Court, litigants have the right and obligation to provide documents and evidence for the Court. Documented cases, evidence has been delivered yet secure enough base to solve the case, the judge asked litigants filed additional documents delivery, evidence. If litigants do not deliver or incomplete submission of documents and evidence by the Court of the request without justifiable reasons, the Court based on the documents, evidence that litigants have delivered and the Court has collected under the provisions of article 97 of this law to settle the civil case.
2. The Privy Affairs filed the documents and evidence for the Court to be established thereon. In the minutes must specify the name, the form, content, characteristics of the materials and evidence; the number of copies, number of pages of evidence and time; the signature or just of the hand, the recipient's signature and the seal of the Court. The minutes are made in two copies, one copy saved in the civil case records and a copy delivered to the litigants filed evidence.
3. Privy Affairs submitted to the court documents, evidence by ethnic minorities, foreign language must be accompanied by a translation into Vietnamese, notary, legal endorsement.
4. The time limit for delivery of filed documents, evidence by the judge is assigned to the assign but shall not exceed the time limit for pretrial preparation according to the procedure of first instance, the deadline to prepare the civil settlement under the provisions of this law.
After the case had decided to bring the case to trial according to the procedure of first instance decided to open the session to resolve civil litigants just provided, submit documents, evidence that courts have requests but litigants cannot be delivered because there is reason then the litigants to prove the reason for slow delivery of filed documents evidence of that. With respect to documents, evidence that the Court does not require litigants filed or delivered the documents, evidence that the litigants could not know was in the process of resolving the incident according to the procedure of first instance then the litigants have a right hand, presented at trial, the session addressed the civil or the next stage of the proceedings of the resolution of the civil case.
5. When litigants delivered documents and evidence to the Court, they must send a copy of the document, that evidence for other litigants or legal representative of the other litigants; with respect to documents, evidence prescribed in clause 2 Article 109 of this code or documentation, evidence could not copy sent to notification in writing to the other litigants or legal representative of the other litigants.
Article 97. To verify, collect evidence 1. Agencies, organizations, individuals have the right to collect his own evidence, document by the following measures: a) collects the document read, hear, see; electronic data message;
b) collect evidence;
c) identifying witnesses and obtaining confirmation of the witness;
d) requires the Agency, organization or individual for copy or provide documents relevant to the resolution of the incident which authorities, organizations and individuals that are kept, manage;
DD) requires people's Committee of social endorsement signatures of witnesses;
e) ask the Court to collect material evidence, if litigants could not collect material evidence;
g) required the Court to decide on inspections, property valuation;
h) requires agencies, organizations, individuals perform other tasks as prescribed by law.
2. in the cases specified by this Act, the Court may conduct one or more of the following remedies to collect the documents and evidence: a) testimony of the litigants, witnesses;
b) For substances between the litigants together, between the litigants with witnesses;
c) referendum examiner;
d) property valuation;
DD) reviewed, appraised in place;
e) entrust the collecting, verifying documents and evidence;
g) requires agencies, organizations and individuals to provide documents to read, hear, see or other artifacts related to the resolution of the incident;
h) verify the presence or absence of the residence;
I) other measures according to the provisions of this law.
3. When conducting the measures prescribed in points c, d, e, f and g of paragraph 2 of this article, the Court must decide, which stated the reason and the Tribunal's request.
4. During the stage of Cassation, retrial, the Inquisitor can conduct measures to collect documents, the evidence specified in the point a, g and h clause 2 of this Thing.
When Inquisitor conduct remedies prescribed in point g item 2 of this, the Court must decide, which stated the reason and the Tribunal's request.
5. within 10 working days from the date the Court gathered material evidence, the Court must be informed about the document, evidence that for litigants to make their rights, obligations.
6. the Procurator to gather documents and evidence to ensure the realization of the right to protest under procedure of Cassation, appeal, retrial.
Article 98. Testimony of 1. Just judge conducting testimony of litigants when litigants have not got a testimony or a statement incomplete content, obviously. Litigants are self written affidavit and signed his name. Cases of litigants could be the judge testimony of litigants. The testimony of the Privy only to focus on details that litigants stubs are incomplete, obviously. The judge himself or the Secretary of the Court recorded testimony of litigants in the minutes. Judge the testimony of litigants in court; case of need could take the testimony of the outer Court litigants.
2. Record the testimony of litigants who must be manually read or heard read again and sign or point only. Litigants have the right to request the records amended, added to record testimony and signing or verification only points. The minutes must be signed by the person who took the testimony, who recorded the minutes and seal of the Court; If the minutes are recorded into many separate pages, they must sign each page and stamped. Case record of testimony was created outside the courthouse to have witnesses or confirmation of the people's Committee of social or public security, Ward, town or township authorities, institutions where established thereon.
3. The testimony of litigants in one of the cases specified in clause 4 and clause 5 Article 69 of this law must be conducted in the presence of the legal representative of the litigants.
Article 99. Testimony of witnesses 1. At the request of the litigants or deem it necessary, the judge conducting the testimony of witnesses in court or out of court.
Before the testimony of the witnesses, the judge must explain the rights, the obligations of the witness and asking witnesses about their testimony reassuring.
2. The procedure of obtaining the testimony of witnesses is conducted as the procedure of obtaining the testimony of prescribed in clause 2 Article 98 of this Act.
3. The testimony of witnesses was not enough at the age of eighteen, who with limited capacity for civil acts or who have difficulties in cognitive, behavioural mastery must be conducted in the presence of the legal representative or the person who is performing the management, who look after it.
Article 100. For substances 1. At the request of the litigants or when found contradictions in the testimonies of the litigants, witnesses, judge conducted for substances between the litigants together, between the litigants with witnesses or between those who testify against each other.
2. The respondent must be established thereon, signed or only of those involved.
Article 101. Review, evaluation in place 1. At the request of the litigants or deem it necessary, the judge conducting the review, appraisal in place with the presence of the representative of the people's Committee of social or public security, Ward, town or township authorities, held where the object needs to review, appraise and to notice the review , evaluation of spot to litigants and witnesses said the review, appraisal.
2. The review, the evaluation must be recorded into the minutes. The minutes must specify a result review, appraisal, describe the scene, signed by the review, appraisal and signatures or point of only if they are present, a representative of the people's Committee of social or public security, Ward, town or township authorities, held where the object to be considered assessment, and others are invited to participate in the review, appraisal. After finishing up the minutes, the look, the appraisal must request the representative of the people's Committee of social or public security, Ward, town or township authorities, held where the object was to review, appraise and sign verified seal.
3. Prohibits any acts impedes consideration, evaluation in place.
4. The judge has the power to recommend the Committee of public safety, the township-level people's communes, wards and towns where the subjects are reviewed, assessed in-place support in the case of acts impedes consideration, evaluation in place.
Article 102. Referendum required inspection, inspection 1. Litigants have the right to request the Court examiner or referendum asking yourself after the examiner has suggested the referendum Court judge but the Court denied the request of the litigants. The right to require inspections to be done before the Court decision to take the case to trial according to the procedure of first instance decided to open the session to resolve civil matters.
2. At the request of the litigants or deem it necessary, the judge decides on inspections. In the referendum decision examiner must indicate the name, address of the examiner, the examiner should object, the problem needs assessment, specific requirements should be the conclusion of the examiner.
3. in case it deems the conclusion not yet full, clear or has violated the law, the litigant's request or when it deems necessary, the Court asked the examiner to explain the conclusion, summoned to the trial examiners, trial to direct the presentation of the content needed.
4. At the request of the litigants or deem it necessary, the Court decision on the additional assessment in the case of content-inspection conclusions unclear, incomplete or when new issues arise regarding the details of the incident have been concluded earlier assessment.

5. The assessment was done in the case of the base for the first assessment concluded that inaccurate, in breach of the law or in special cases, at the discretion of the head of the Supreme People's Procuratorate, the Chief Justice of the Supreme People's Court under the provisions of the law on the judicial inspection.
Article 103. Referendum examiner reported evidence is forged 1. The case is reported evidence tampering, the person giving evidence that the right to withdraw; If not retracted, the person accused has the right to request a court or the courts have the right to decide on inspections under the provisions of Article 102 of this law.
2. in case of the fake evidence that signs of crime, the court documents, the relevant evidence to the investigating authorities have the jurisdiction to consider under the provisions of the criminal law.
3. The person giving evidence is conclusive is fake have to compensation if the fake evidence that cause damage to others and must bear the costs of the assessment if the Court decided the referendum examiner.
Article 104. Property valuation, valuation of property 1. Litigants have the right to offer the property price is disputed; the agreement on the price of the property dispute.
2. Litigants have the right organizational options agreement valuation of property to perform a valuation of the property and provide the results of valuation for the Court.
The valuation of assets is done according to the rules of the law of property valuation.
3. The Court decides property valuation and valuation of Council when in one of the following cases: a) at the request of a party or Privy;
b) litigants do not select agreement held property valuation or give reviews of different property or non-property price agreement;
c) sides agreed with each other or with the Organization of the valuation of the property at a price lower than the market price where property valuation at the time of valuation of evading obligations to the State or to a third person or organization shows base valuation of property violated the law when the valuation.
4. The procedures established the Council valuation, valuation of assets: a) the Council valuation Court include the establishment by the President of the Council valuation is the financial agency representatives and members representing the relevant professional bodies. The person who conducted the proceedings in that case, the provisions of article 52 of this law joining the Council valuation.
The Council valuation valuation conducted only in the presence of the full members of the Council. In case of need, the people's Committee of representative social valuation of assets where there was invited to witness the valuation. The litigants are informed in advance about the time, place of conducting appraisals, have the right to attend and statements of opinion about the pricing. The right to decide about the price for valuation of property valuation Council;
b) financial institutions and the specialized agencies concerned are responsible for the election of the Council participants and create conditions for them to do the task. Who are appointed members of the Board are responsible for valuation of participating fully in the pricing. The case of financial institutions, the specialized agencies sent participants Board evaluations the Court requires competent management authorities directed financial institutions, specialized agencies made the request of the Court. Who was sent to join the Council valuation not to participate without good reason, the Court required the agency leadership has sent participants to review pricing Council responsible, others substitute and notify the Court to continue to conduct the evaluation;
c) the valuation must be founded thereon, which clearly the opinions of individual members, litigants if they attend. The decision of the Council valuation must be half the total number of voting members. The Board members, litigants, who witnessed the signing or just point on the minutes.
5. The valuation of assets to be done in the case of the base for the first valuation results that are not correct or does not match the market price where property valuation at the time of the case.
Article 105. Entrust the collection of evidence 1. In the process of settling the civil case, the Court may entrust the decision to a court or another competent agency specified in clause 4 of this testimony of litigants, witnesses, on-site assessment, conduct property valuation or other measures to collect evidence , verify the details of the incident.
2. in Commission decision must indicate the name, address of the plaintiff, the defendant, relations disputes and the specific tasks entrusted to collect evidence.
3. The Court received the decision delegating responsibility to perform specific work is entrusted within 1 month from the date of the Commission decision and announce the results in writing to the Court had decided to authorize; the case does not perform the trustee must inform, in writing and stating the reason for the Court to have the trust decision.
4. in case the collection of evidence to proceed in a foreign court procedure, the trustee through the Agency of Vietnam or the competent authority of the foreign country and that of the Socialist Republic of Vietnam is a member of the international treaties containing provisions on this issue.
5. in case of not implementing the mandate as defined in paragraph 3 and paragraph 4 of this Article or have implemented the mandate but not getting the results answer the Court resolved the case on the basis of the evidence already in the record.
Article 106. Ask the Agency, organization or individual to provide documents and evidence 1. Litigants have the right to request the Agency individual organizations to provide documents and evidence. When asked the Agency, organization or individual providing the documentation, evidence, litigants must make a written request stating the document, evidence should provide; the reason provided; they, the individual's name, address, the name, address of the business, organizations are managed, stored documents, must provide evidence.
Agencies, organizations, individuals have the responsibility to provide documents and evidence for the litigant within 15 days from the date of the request; the case does not provide the answer in writing and stating the reason for the request.
2. where the litigant has applied the measures needed to collect material evidence, which still could not collect it yourself, you can suggest the Court decision requires agencies, organizations, individuals are kept, document management, gives his evidence or suggested the court proceeding to collect documents , to ensure that evidence for the settlement of the civil case.
Litigants asked the Court to collect evidence, documents must specify the issue to prove; documentary evidence should collect; his reason not collected; they, the individual's name, address, the name, address of the business, organizations are managed, stored documents, evidence needs to collect.
3. in case of request of the litigants or deem it necessary, the Court decision requires agencies, organizations, individuals are managing retention, provide documents and evidence for the Court.
Agencies, organizations, individuals are managed, stored documents and evidence have a responsibility to provide adequate documentary evidence as required by the Court within 15 days from the date of the request; expiry of this that do not provide adequate documentary evidence as required by the Court, the agencies, organizations, individuals are required to answer in writing and stating the reason. Agencies, organizations, individuals do not make requests of the Court without good reason, then, depending on the nature and extent of the violation may be subject to administrative sanction or prejudice criminal liability under the law. The administrative sanction or prejudice criminal responsibility according to the provisions of the law for the Agency, organization, the individual is not the reason for the exemption obligation to provide documents and evidence for the Court.
4. where the Procuracy has asked to provide documentary evidence, then the agencies, organizations, individuals have the responsibility to comply with the provisions of paragraph 3 of this article.
Article 107. Preservation of documents and evidence 1. Documents and evidence were filed in court, then the preservation of documents, evidence that due to the responsible court.
2. documents and evidence to be filed in court, the person who is storing the document, evidence which is responsible for preserving.
3. in case of delivery of evidence needed for the third person to preserve the judges decision and set the minutes delivered to that person to preserve. Recipients of preservation must sign the minutes, enjoy remuneration and must take responsibility for the preservation of material evidence in accordance with the law.
4. Prohibits the destruction of documents and evidence.
Article 108. Reviews of evidence 1. The evidence must be objective, comprehensive, complete and accurate.
2. The Court must evaluate each of the evidence, the connection between the evidence and affirmed the legitimacy, relevant, proven value of each evidence.
Article 109. Disclosure and use of documents, evidence 1. All the evidence was published, and use the same publicity, except for cases stipulated in item 2 of this Article.
2. non-public court document content, evidence related to State secrets, the customs of the peoples, confidentiality, trade secrets, personal secrets, family secret at the request of legitimate but must notify the litigant to know the materials evidence, not public.
3. The person conducting the proceedings, the proceedings are confidential documents, the evidence in the case prescribed in clause 2 of this Article in accordance with the law.
Article 110. Protection of evidence 1. The case evidence is being destroyed, in danger of being destroyed or later can hardly be collected then the litigants have the right to suggest that the Court decided to adopt necessary measures to preserve evidence. Proposal of the litigants must be in writing. The Court may decide to apply one or some of the measures seal, capturing, recording, photographing, recording, restoration, examination, set the minutes and other measures.

2. in case the witness deceived, threatened, forced or bribed to not provide evidence or provide false evidence, then the Court has the right to decide to force the acts of fraud, threats, forced or bribed to cease that behavior. The case of behavior that have signs of crime, the Court asked the Prosecutor to consider Institute of criminal liability.
Chapter VIII PROVISIONAL MEASURES Article 111. Right to apply provisional measures 1. In the course of the case, litigants, legal representative of the Agency, organization, or individuals to sue the case stipulated in article 187 of the law has the right to ask the courts are resolving it applies one or more provisional measures prescribed in article 114 of this law to temporarily solve the urgent request of the equivalent the protection of life, health, property, collection of evidence, the protection of evidence, preserve the existing situation avoid irreparable damage, ensure the resolution of the case or the enforcement of the judgment.
2. In case of an emergency situation, due to the need to protect the right evidence, prevent serious consequences can occur, the agencies, organizations, individuals have the right to request the competent court of the decision to apply provisional measures prescribed in article 114 of this code simultaneously with the submission of the petition to the Court.
3. The Court pointed out himself decided to apply provisional measures in the cases specified in article 135 of this code.
Article 112. The Authority decided to apply, change, cancellation of provisional measures 1. Before opening the trial, adoption, change, cancellation of provisional measures by a judge to review the decision.
2. At trial, the adoption, change, cancellation of provisional measures by the Board of review to review the decision.
Article 113. The liability due to the application of provisional measures is incorrect 1. Who asked the Court to apply provisional measures must be responsible before the law for their claims; the case requires emergency measures temporarily not correct that cause damage to the person is applying provisional measures or for third persons to compensation.
2. The Court applied provisional measures not correct that cause damage to the person is applying provisional measures or to a third party, then the Court must compensate if in one of the following cases: a) the Court himself applied provisional measures;
b) courts apply provisional measures other than the temporary emergency measures that the agencies, organizations, personal request;
c) courts apply provisional measures beyond requirements imposed provisional measures of agencies, organizations and individuals;
d) courts apply provisional measures do not correct the time limit prescribed by the law or fail to apply provisional measures without justifiable reasons.
3. The compensation of the damage specified in clause 2 of this was done in accordance with the Laws of the State compensation liability.
Article 114. Provisional measures 1. Delivery of juveniles, who lost the capacity for civil acts, who have difficulties in cognitive, behavioural mastery for individuals or organizations consulted, nurture, care and education.
2. Enforce support obligations part before.
3. Enforce a compensation obligation part due to computer network, compromised health.
4. Force the employers advance salary, health insurance, social insurance, unemployment insurance, the cost of saving labour accident or occupational disease, the amount of compensation, benefits or workers ' compensation occupational diseases for workers.
5. Temporarily suspended enforcement of the decision to terminate labor contracts, the decision to dismiss the employee.
6. Levy contested property.
7. Prohibition of transfer of property right translation for the contested property.
8. Forbidden to change the current state of the property dispute.
9. For harvest, sell flowers or products, other goods.
10. The blockade of accounts at the Bank, other credit institutions, the State Treasury; blockade of assets in place to send.
11. property of the blockade has obligation.
12. Prohibit or enforce certain behavior.
13. Prohibition of exit for people obliged.
14. Prohibition of exposure to family violence victims.
15. Pause the tender and the activities related to the tender.
16. The arrest of ships, ship to secure the resolution of the case.
17. the provisional measures which the law has specified.
Article 115. Delivery of juveniles, who lost the capacity for civil acts, who have difficulties in cognitive, behavioural mastery for individuals or organizations consulted, nurturing, care, educational Affairs juveniles, who lost the capacity for civil acts, who have difficulties in cognitive, behavioural mastery for individuals or organizations consulted , nurturing, care, education applies if solving the case related to these people that they don't already have a guardian.
The delivery of juveniles from seven years of age, they must consider the person's aspirations.
Article 116. Enforce a support obligation Joint Force made before part obligation of support applies if solving the case related to request alimony and deems the request is grounded, and if not done before the right part will support obligations that affect health , the life of the people be.
Article 117. Enforce a compensation obligation part due to computer network, compromised health Forced made before a compensation obligation part due to computer network, compromised health applies if solving the case related to claims damages due to network , compromised health.
Article 118. Force the employers advance salary, health insurance, social insurance, unemployment insurance, the cost of saving labour accident or occupational disease, the amount of compensation, benefits or workers ' compensation occupational diseases for workers forced employers salary advance , health insurance, social insurance, unemployment insurance, the cost of saving labour accident or occupational disease, the amount of compensation, benefits or workers ' compensation occupational diseases for workers to be applied to protect the rights, legitimate interests of workers regarding wages, insurance , compensation, pension, health care under the provisions of the law.
Article 119. Temporarily suspended enforcement of the decision to terminate labor contracts, the decision to dismiss the employee temporarily suspended enforcement of the decision to terminate labor contracts, the decision to dismiss the employee applies if solving the case is related to the unilateral termination of labor contract , layoffs of workers in case of employer not be done right to unilaterally terminate the employment contract or not be disciplined for firing workers under the provisions of the labour legislation.
Article 120. Levy disputed assets 1. Levy disputed property is applied if in the process of resolving base shows the holder of property dispute has riveted pipe behavior, ruined the property.
2. The property being levy can be seized, preserved in civil enforcement agency or establish the minutes delivered to a party litigant or the third person managed until the decision of the Court.
Article 121. Banning the transfer of property right translation for the contested assets shifting property rights Bans for disputed property is applied if in the process of resolving based shows people are to possess or hold the property dispute has shifted to property rights for disputed property to others.
Article 122. Prohibits changing the status property are disputing Bans to change the status quo of property dispute applies in the process of resolving based shows people are to possess or hold the property dispute behavior disassembly, Assembly, construction, or other behavior changes the current state of the property.
Article 123. For the harvest, for the sale of flowers or products, other goods for harvest, sell flowers or products, other goods are applied if in the process of resolving property disputes or are related to the dispute that has colored flowers or products, other goods at the time of harvest or unable to maintain long term.
Article 124. Blockade of accounts at the Bank, other credit institutions, the State Treasury bank account blockade, other credit institutions, the State Treasury to be applied if in the process of resolving based shows people are obliged to have accounts at banks, other credit institutions Treasury, State and the application of this measure is necessary to ensure the resolution of the case or the enforcement of the judgment.
Article 125. Blockade of assets in place sent to keep the blockade in place property send applied if in the process of resolving based shows people are obliged to have the assets are sent and the application of this measure is necessary to ensure the resolution of the case or the enforcement of the judgment.
Article 126. The blockade of the property means property of the blockade has obligation applies in the process of resolving based shows people are obliged to have the assets and the application of this measure is necessary to ensure the resolution of the case or the enforcement of the judgment.
Article 127. Prohibit or enforce certain Prohibited acts or enforce certain behavior applies if in the process of resolving based shows litigants or agencies, organizations, and individuals make or not make a certain behavior or affect the resolution of the case. , the rights and lawful interests of others involved in the case being resolved Court.
Article 128. Prohibition of exit for the obligation

Prohibition of exit for the person who has the obligation to be imposed if the base shows the resolution of the case having regard to their obligations towards the State, agencies, organizations, individuals and the exit of them affect the resolution of the case, the interests of the State , rights and legal interests of the Organization, agency, or other individual to ensure the enforcement of the judgment.
Article 129. Prohibition of exposure to domestic violence victims who have Prohibited domestic violence behavior in contact with victims of domestic violence is applied if that measure is necessary to protect life, health, honor of the victims of domestic violence under the provisions of the law on prevention of domestic violence.
Article 130. Pause the tender and the activities related to the tender the tender closing, pause a approved short lists, results, contractor selection, Contracting, implementation contract applies if solving the case shows that the application of this measure is necessary to ensure the resolution of the case in accordance with the provisions of the law.
Article 131. Arrest of ships, ship to secure the resolution of the case 1. The Court decided to adopt urgent measures to arrest the ship bay to secure the resolution of civil cases in which case by ship owners, creditors in case the aircraft is the secured property, who suffered damage caused by flying aircraft caused or who have the right to , benefits related to flying to sue under the provisions of the law of Vietnam civil aviation.
2. The Court decided to apply provisional measure of ship arrest in the following cases: a) the ship was required to ensure the resolution of a maritime claim that people request ship arrest has litigated civil case in court;
b) shipowner's obligations on the property in the case are resolved and still the shipowner at the time of application of the provisional measure of ship arrest;
c) The chartering person fixed limit boat rental, Chen, who hired the ship or who exploit trips the train is the duty of the property in the civil case arising from a maritime claim under the provisions of the law of maritime Vietnam and remains the person chartering Tran, who defined the term charters , the chartering flights, the exploitation of the ship or shipowner at the time of application of the provisional measure of ship arrest;
d) disputes are to be resolved in the case arises on the basis of the mortgage of the ship;
DD) disputes are to be resolved in the case relating to the ownership or possession of the ship.
3. The order and procedures of arrest of ship, aircraft are applied according to the provisions of the law on arrest of ships, ships.
Article 132. Provisional measures other than provisional measures specified in the from clause 1 to clause 114 of this Law Article 16, the Court has the responsibility to solve the urgent measures required by other law, interim regulations.
Article 133. Procedure to apply provisional measures 1. Who asked the Court to apply provisional measures must submit to the competent court. Petition to apply provisional measures must have the following major contents: a) the day, month and year of application;
b Name, address); phone number, fax, e-mail address (if any) of the person requesting to apply provisional measures;
c) name, address; phone number, fax, e-mail address (if any) of the person being asked to apply provisional measures;
d) summarizes the content dispute or infringement of rights and legal interests;
DD) reasons need to apply provisional measures;
e) provisional measures should be applied and the specific requirements.
Depending on the required application of provisional measures which the requester must provide to the court evidence to justify the need to apply provisional measures.
2. Request the application of provisional measures in the case prescribed in clause 1 Article 111 of this Act are resolved as follows: a) case the Court accepted the petition before the opening of the trial, the judge assigned the case to consider, resolve. Within 3 working days from the date of receiving the application, if the requester does not have to implement measures to guarantee or immediately after that person done secured measures prescribed in article 136 of this Act, the judge must now decide to apply provisional measures; If it does not accept the request, the judge must inform, in writing and stating the reason for the request;
b) where the Board of review received the petition to adopt provisional measures at the trial, the trial reviewed, discussed, resolved in the courtroom. If accepted, the trial decision applying provisional measures immediately or after the requester has done the secured measures prescribed in article 136 of this Act. The implementation of measures to ensure that was started from the time of trial the decision to enforce the measures, but the request must present evidence of work done before the guarantee measures of trial into the deliberation room; If not accepting requests to apply provisional measures, the trial must be notified immediately in the court room and recorded on the minutes of the trial.
3. for the case ask to apply provisional measures prescribed in clause 2 Article 111 of this act upon receipt of the petition along with the petition and the evidence, Chief Justice of the court assigned shortly a judge accepting the settlement petition. Within 48 hours from the time of receiving the petition, the judge must review and the decision to apply provisional measures; If it does not accept the request, the judge must inform, in writing and stating the reason for the request to know.
4. in case of application of provisional measures specified in clause 10 and clause 114 of this Law Article 11, only to be locked in, the property value is equivalent to the property of that person is obliged to apply provisional measures are supposed to perform.
Article 134. Recommendations apply provisional measures of agencies, organizations and individuals to sue the case to protect the public interest, the interests of the State, the legitimate rights and interests of other people's bodies, institutions and individuals to sue the case stipulated in article 187 of the law court petitions to apply provisional measures in writing , which must specify the reasons and recommendations; provisional measures should be imposed; name, address of the person who has legal rights and interests should be protected; name, address of the person being asked to apply provisional measures; Summary of the content dispute, infringement of legitimate rights and interests of litigants; evidence to justify the continued his recommendations are based and legally.
Article 135. The Court itself decides to apply provisional measures the Court itself decides to apply provisional measures prescribed in paragraphs 1, 2, 3, 4 and 5 Article 114 of this law in case of litigants are not required to apply provisional measures.
Article 136. Enforce the secured measures 1. Who asked the Court to apply one of the provisional measures prescribed in paragraphs 6, 7, 8, 10, 11, 15 and 16 of Article 114 of this law must submit to the court evidence from the guarantee are secured by the assets of the Bank or other credit institution or agency the other individual, organization, or send a sum of money, precious metal, precious or valuable papers because the Court determined but are equivalent to the loss or damage that may arise as a result of the application of provisional measures is not the right thing to protect the interests of the people were applying provisional measures and prevent the abuse of the right to request imposition use of provisional measures from the person who has the right to ask.
With regard to the case prescribed in clause 2 Article 111 of this code, the time limit for implementation of the measures stipulated in this clause warrants not exceeding 48 hours from the time of filing the request.
2. Funds, precious metal, precious or valuable papers must be sent to the account blockade at the bank where the headquarters of the Court decided to adopt provisional measures within the time limit fixed by the Court.
In the case of secured measures implemented on holidays or days off, the amount guaranteed is sent to hold in court. The Court must make delivery procedure and send the right amount into the Bank on the next working day.
Article 137. Change, apply additional provisional measures As it deems an emergency interim measures are being applied are no longer fits that need to change, or apply additional provisional measures and others change procedure, apply additional provisional measures be taken according to the provisions of article 133 of this law.
Article 138. Cancel the application of provisional measures 1. The Court now decided to cancel the provisional measures have been applied when in one of the following cases: a) Who requires emergency measures proposed temporarily cancelled;
b) Who must enforce the decision to apply provisional measures filed this property or have someone else make the measures ensuring the enforcement of the obligations for parties that request;
c) civil obligations of the parties is obliged to terminate under the provisions of the civil code;
d) the resolution of the case to be suspended under the provisions of this law;
DD) decided to apply provisional measures not in accordance with the provisions of this law;
e) base of the application of provisional measures no longer;
g) incident has been resolved by the judgment, the Court's decision has legal effect;
h) cases the Court returned the petition under the provisions of this law.
2. in case of cancellation of provisional measures, the Court must consider, the decision to require people to apply provisional measures get back voucher guarantee are secured by the assets of the Bank or other credit institutions or funds, precious metal, precious or valuable papers specified in article 136 of this Act , except as prescribed in clause 1 Article 113 of this law.

3. procedures for the decision to cancel the application of provisional measures be taken according to the provisions of article 133 of this law. The case has had the judgment, the decision of the Court of law, then the resolution request to cancel the decision to apply provisional measures because a judge was the Chief Justice of the Court took the decision to apply emergency measures temporarily assigned to solve.
Article 139. The effect of the decision to apply, change, cancellation of provisional measures 1. The decision to apply, change, cancellation of provisional measures are enforceable immediately.
2. The Court must grant or submit the decision to apply, change, cancellation of provisional measures as soon as the decision for the request, the person is applying provisional measures, agencies, organizations and individuals involved, the enforcement agencies have the authority and the Procuratorate at the same level.
Article 140. Complaints, petitions about decided to apply, change, cancel or not to apply, change, cancellation of provisional measures litigants have the right to appeal, the Procurator has the right to petition to the Chief Justice of the Court is to resolve the case of the decision to apply, change, cancellation of provisional measures or the judge does decide to apply , change, cancellation of provisional measures. Time limit complaints, Petitions is 3 working days from the date of receiving the decision to apply, change, cancellation of provisional measures or the judge's answer about the decision not to apply, change, cancellation of provisional measures.
Article 141. To resolve a complaint, the recommendations of the decision apply, change, cancel or not to apply, change, cancellation of provisional measures 1. The Chief Justice the Court must consider, resolve complaints and recommendations specified in article 140 of this law within 3 working days from the date of receiving complaints, Petitions.
2. Decide to resolve complaints, recommendations of the Chief Justice is final and must be issued or delivered immediately as specified in paragraph 2 to article 139 of this law.
3. At trial, the resolution of complaints, the recommendations under the authority of the Board of review. Decision on complaint resolution, the recommendations of the Board of review is the final decision.
Article 142. Enforcement of the decision apply, change, cancellation of provisional measures 1. The decision to apply, change, cancellation of provisional measures be enforced under the provisions of the law on the enforcement of civil judgments.
2. where the decision to apply provisional measures with regard to registered property ownership, the right to use the litigants are obliged to submit a copy of the decision for the registration administration of ownership, rights of use.
Chapter IX COURT FEES, fees and OTHER LITIGATION COSTS Item 1 of COURT FEES, FEES for Article 143. Advance payment of court fees, cash advance fees; court fees, fees 1. Advance payment of court fees include advance payment of court costs at first instance and appellate court fee cash advance.
2. Court fees include the court fee at first instance and appellate court fees.
3. Advance payment of fees to resolve civil matters including advance payment of the fees of the first instance and appellate fees in advance.
4. Fees include fees for the grant of a copy of the judgment, decisions and other documents of the court filing fee, ask the Court to settle the civil, civil settlement fees and other charges to which the law has specified.
Article 144. Handle advance payment of court fees, cash advance fees, court fees, collection fees are 1. The entire court fees, collection fees are payable in full, promptly on the State budget in the State Treasury.
2. Advance payment of court fees, cash advance fees to be filed with the court enforcement agency has the authority to send to the open custody account in the State Treasury and be drawn to follow the execution of court decisions.
3. Who was an advance payment of court fees, cash advance fees are subject to court fees, the fee immediately after the verdict, the decision of the Court of law, the amount of the advance has been obtained should be submitted to the State budget.
The case of people who have an advance payment of court fees, cash advance fees are reimbursed for a portion or all of the amount already paid by the verdict, the decision of the Court the court enforcement agencies already collect the advance payment of court fees, advance payment of fees must be made to pay back the money for them.
4. in case the resolution of the civil case is temporarily suspended, the advance payment of court fees, cash advance fees submitted are processed when the incident was continuing.
Article 145. Mode, advance payment of court fees, cash advance fees, court fees, fees for obtaining advance payment of court fees and court fees, cash advance fees and charges; the paid advance payment of court fees, advance payment of fees must be made in accordance with the law.
Article 146. The obligation of an advance payment of court fees, cash advance fees 1. The plaintiff, the defendant has a reaction factor requirements for plaintiffs and people have rights, related obligations have demanded independence in the civil case to pay the advance payment of court fees, the appeal under the procedure of appeal must be filed in the appellate court fee cash advance, unless exempted or not an advance payment of court fees.
2. The applicant requested the Court to resolve civil matters to advance fees to settle civil, unless exempted or not an advance payment of fees.
Positive recognition requirements for divorces, custody agreements, property Division upon divorce, the spouses can agreement on the advance fee, unless exempted or not an advance payment of fees prescribed by the law. Cases of spouses not be agreement the advance fee, each person must pay half the cash advance fees.
Article 147. The obligation to bear the cost of Court of first instance 1. Litigants should bear court fees at first instance if their request was not Court approved, unless exempted or not subject to court fees at first instance.
2. where the litigants do not self identify are part of its assets in common property block and have asked the Court to resolve common property Division that each litigant must bear the cost of Court of first instance corresponding to the value of assets to which they are entitled.
3. Before opening the trial, the Court conducts conciliation; If the litigants agreed to be together on the resolution of the case, they only have to bear 50% of the first instance court fees prescribed in clause 1 and clause 2 of this Thing.
4. in the case of divorce, the plaintiff should bear court fees, does not depend on the Court to accept or not accept the plaintiff's request. Both cases consent divorces, then each party litigants to bear half the cost of the judgment at first instance.
5. in case there are litigants are free of court fees at first instance the other litigants must still file the first instance court fees that I incur according to the provisions in clause 1, 2, 3 and 4 of this Article.
6. where the case is temporarily suspended to resolve, the obligation to bear the expenses of the first instance court is decided when the case was further addressed as stipulated in this article.
Article 148. The obligation to bear the appellate court fees 1. Litigants to appeal the appellate court fees incurred, if the Court of Appeal judgment unchanged, the decision of the first instance was appealed, unless exempted or not subject to appellate court fees.
2. where the Court of Appeal correct judgment of the first instance decision was appealed, the litigants to appeal are not subject to appellate court fees; The Court of appeal must redefine the obligations subject to the first instance court fees as defined in Article 147 of this law.
3. where the Court of appeal cancelled the verdict of first instance decisions were appealed to the trial again under the procedure of first instance then the litigants to appeal are not subject to appellate court fees; the obligation to bear court fees be reassessed when resolving case according to the procedure of first instance.
Article 149. The obligation to bear the fees 1. The obligation to bear the fees are determined according to each type of civil law and specific regulations.
2. for positive recognition request divorces, custody agreements, property Division upon divorce, the spouses can agreement on the subject of fees, unless exempted or not subject to a fee as prescribed by the law.
Cases of spouses not be agreement the obligations subject to fee, each person must bear one half of the fee.
Article 150. Specific provisions regarding court fees, fees based on the provisions of the law on fees and charges and this law, the Standing Committee of the National Assembly of specific provisions regarding court fees, court fees; salary of court fees, court fees for every specific case types; the case of exemption, reduction or not filed court fees, court fees; mode, submission, management and use of court fees, court fees.
Section 2 of the COST of OTHER PROCEEDINGS Article 151. Advance payment of costs judicial mandate abroad, the costs of the judicial trustee out foreign 1. Advance payment of costs judicial trustee abroad is the amount that the Court to pay for temporary work authorization when conducting collection, provide evidence, served papers, records, documents, summon witnesses, the judge and the judicial assistance requested is relevant to the resolution of the civil case.
2. the judicial trustee expenses abroad is necessary and reasonable amount to pay for implementing authorization in accordance with the law of Vietnam and the country's authorization is required.
Article 152. Obligation to advance authorization expenses abroad 1. Plaintiffs, appellants according to the procedures of appeal or other litigants in the case should advance authorization expenses abroad when their requirements do arise the judicial trustee abroad.
2. The person requesting the Court to resolve, appellants according to the procedures of appeal or other civil litigants must advance authorization expenses abroad when their requirements do arise the judicial trustee abroad.
Article 153. The obligation to bear the costs of the judicial trustee abroad case litigant parties no other agreement or law is not otherwise specified, the obligation to bear the costs of the judicial trustee abroad is determined as follows: 1. Litigants have to bear the costs of the judicial trustee abroad if the requirements of the Court cannot accept;

2. Cases ask the Court to divide the property in common, each of the subdivided property shall bear part of the cost of the judicial trustee abroad correspond to the percentage value of the portion of the property that they are divided;
3. in the case of divorce, the plaintiff must file the authorization fees abroad, does not depend on the Court to accept or not accept the plaintiff's request. Both cases consent divorces, then each party litigants to bear half the cost of authorization;
4. in case of suspension of the case provided for in point c of paragraph 1 to article 217, paragraph 1 point b Article 299 of this law, the plaintiff must bear the costs of the judicial trustee abroad.
Settling the case hearing of appeal specified in point b of paragraph 1 to article 289, paragraph 3 to Article 296 of the code of the appeal under the procedure of appeal must bear the costs of the judicial trustee;
5. With regard to the case of settling other cases prescribed by this Act, the person required to bear the costs of the judicial trustee abroad.
Article 154. Cash advance handling fee authorization abroad 1. Cases people have advance authorization expenses do not have to bear the costs of the judicial trustee who must bear the costs of the judicial trustee by the decision of the Court to reimburse the person who has paid the cost of the advance authorization.
2. where the person has paid the advance costs authorization must bear the costs of the judicial trustee, if the amount of the advance already paid enough for the cost of the actual authorization, they must file by adding the missing money; If the amount of the advance already paid more than the cost of the actual judicial trustee shall they be paid back part of the money left by the decision of the Court.
Article 155. Advance payment of costs of review, evaluation, assessment, review costs in place 1. Advance payment of costs considered, the appraisal is the amount that the temporary Court to proceed with the review, appraisal in place.
2. The cost of the review, the evaluation is necessary and reasonable amount to pay for the review, appraisal in place pursuant to the provisions of the law.
Article 156. Obligation to advance the cost consideration, evaluation in place 1. Who asked the Court to consider, the appraisal must advance costs, appraisal review in place at the request of the Court.
2. where the Court deems necessary and decided to consider, on the spot appraisal, the plaintiff, who asked civil settlement, the appeal under the procedure of appeal must advance the cost consideration, evaluation in place.
Article 157. The obligation to bear the costs of review, evaluation of the spot where the litigant parties no other agreement or law is not otherwise specified, the obligation to bear the costs of review, evaluation of the spot is determined as follows: 1. Litigants have to bear the costs of the review, appraisal in place if their request was not accepted Court;
2. Cases ask the Court to divide the property in common, each of the subdivided property shall bear part of the cost of the review, appraisal in place according to the ratio of the value of part of the property that they are divided;
3. in the case of divorce, the plaintiff must submit a cost review, appraisal, does not depend on the Court to accept or not accept the plaintiff's request. Both cases consent divorces, then each party litigants to bear half the cost of the review, appraisal in place;
4. in case of suspension of the case provided for in point c of paragraph 1 to article 217, paragraph 1 point b Article 299 of this law, the plaintiff must bear the costs of review, evaluation in place.
Settling the case hearing of appeal specified in point b of paragraph 1 to article 289, paragraph 3 to Article 296 of the code of the appeal under the procedure of appeal must bear the costs of review, evaluation of in situ;
5. With regard to the case of settling other cases prescribed by this Act, the person who requested the review, evaluators must bear the costs of review, evaluation in place.
Article 158. Advance disposal fees, appraisal review in place 1. The case has paid advance costs to consider, on the spot appraisal does not incur the cost of review, evaluation of spot, the people have to bear the costs of the review, appraisal in place according to the decision of the Court to reimburse the person who has paid the advance fee, appraisal review in place.
2. where the person has paid the advance costs of review, evaluation must bear the costs of review, evaluation, if the amount of the advance already paid enough for the cost review, assess the actual premises then they must file by adding the missing money; If the amount of the advance already paid more than the cost of the review, assess the actual premises then they are paid back part of the money left by the decision of the Court.
Article 159. Advance payment of costs, the costs of inspection inspection 1. Advance payment of costs of the assessment is the amount that the temporary computer examiners to conduct the assessment according to the decision of the Court or at the request of the examiner.
2. Inspection is necessary and reasonable amount to pay for the assessment and calculation by the examiner pursuant to provisions of the law.
Article 160. Obligation to advance the cost of the assessment cases litigants have no other agreement or law is not otherwise specified, the obligation to advance the cost assessment is defined as follows: 1. The person requesting the Court examiner referendum must advance the cost of the assessment.
The case of the litigant parties request the Court examiner referendum about the same object, then each party litigants must pay half the amount of the advance costs evaluation;
2. where the Court deems necessary and decide on the assessment, the plaintiff, who asked civil settlement, the appeal under the procedure of appeal must advance inspection;
3. Privy, who has asked to settle a civil matter, the appellant asked the Court examiner referendum which was not accepted and require organizations, individuals assess the advance inspection is made under the provisions of the law on the judicial inspection.
Article 161. The obligation to bear the costs of the assessment cases the parties litigant has no other agreement or law is not otherwise specified, the obligation to bear the costs of the assessment are defined as follows: 1. The person requesting the Court examiner referendum must bear the costs of the assessment, if the evaluation results demonstrate that person's request is unfounded. Case evaluation results prove their claim only the base part, they must pay the cost for the appraisal of their request has proved to be unfounded;
2. Who do not accept the referendum required the assessment of other litigants in the case to file charges, if proven assessment results required by the referendum requirements assessment is based. Case evaluation results demonstrate the required referendum examiner only partially base then people do not accept referendum examiner must bear the costs of the respective inspection with the requirements that have been proven to be groundless;
3. in case of suspension of the case provided for in point c of paragraph 1 to article 217, paragraph 1 point b Article 299 of this law, the plaintiff must bear the costs of the assessment.
Settling the case hearing of appeal specified in point b of paragraph 1 to article 289, paragraph 3 to Article 296 of the code of the appeal under the procedure of appeal must bear the costs of the assessment;
4. where the person requesting inspection yourself according to the provisions in paragraph 3 Article 160 of this Act, if the evaluation results demonstrate that person's request is based, the losers must bear the costs of the assessment. Case evaluation results demonstrate their examiners required only the base part, they must pay the cost for the appraisal of their request has proved to be unfounded;
5. With regard to the case of settling other cases prescribed by this Act, the person requesting inspection referendum must bear the costs of the assessment.
Article 162. Cash advance handling fee examiner has filed 1 case who advance the cost assessment is not subject to inspection, the person must bear the costs of the assessment by the Court's decision must reimburse the person who has paid the advance inspection.
2. where the person has paid the advance inspection must bear the costs of the assessment, if the amount of the advance already paid enough for actual inspection costs then they must file by adding the missing money; If the amount of the advance already paid more than the actual inspection costs they are charged the money left by the decision of the Court.
Article 163. Advance payment of costs of property valuation, property valuation costs 1. Advance payment of costs of valuation of property is the amount that temporary valuation Council to conduct the valuation of the property as determined by the Court.
2. The cost of property valuation is necessary and reasonable amount to pay for the valuation of assets and the valuation by the board computer based on the rule of law.
Article 164. Obligation to advance the cost of property valuation case litigant parties no other agreement or law is not otherwise specified, the obligation to advance the cost of property valuation is determined as follows: 1. The request property valuation must advance costs property valuation;
2. where the parties involved cannot agree on the price and ask the Court to property valuation, then each party litigants must pay half the advance costs of property valuation. The case has many litigants, litigants parties together to advance the cost of property valuation according to the extent that the Court decision;
3. With regard to the case prescribed in clause 3 of this law, the 104 Articles plaintiffs, appellants must submit the advance costs of property valuation.
Article 165. The obligation to bear the costs of property valuation, the valuation case litigant parties no other agreement or law is not otherwise specified, the obligation to bear the costs of property valuation, valuation is determined as follows: 1. Litigants have to bear the costs of property valuation if their request was not accepted Court;

2. Cases ask the Court to divide the property in common, each of the subdivided property shall bear part of the cost of property valuation corresponding to the ratio of the value of part of the property that they are divided;
3. in case the Court decides property valuation specified in point c of paragraph 3 to article 104 of this law, the obligation to bear the costs of property valuation is determined as follows: a) the litigants must bear the costs of property valuation specified in clause 1 of this article if the valuation results prove the property valuation decision of the Court is based;
b) court charged the cost valuation of the property if the property valuation results prove the property valuation decisions of the Court are unfounded.
4. in case of suspension of the case provided for in point c of paragraph 1 to article 217, paragraph 1 point b Article 299 of the Penal Code and the Council valuation was conducting evaluations the plaintiff must bear the costs of property valuation.
Settling the case hearing of appeal specified in point b of paragraph 1 to article 289, paragraph 3 to Article 296 of the code and the Council valuation has conducted evaluations of people appeal under the procedure of appeal must bear the costs of property valuation;
5. The case of settling other cases under the provisions of this law and the Council valuation has conducted evaluations of people requesting property valuation must bear the costs of property valuation;
6. The obligation to bear the costs of valuation the property of litigants are made as the obligation to bear the costs of appraising the property specified in the paragraph 1, 2, 4 and 5 of this Article.
Article 166. Handle cash advance cost valuation of property 1. The case has paid advance costs property valuation does not have to bear the costs of evaluations must bear the costs of valuation according to the decision of the Court to reimburse the person who has paid the advance costs of valuation.
2. where the person has paid the advance costs of property valuation should bear the costs of valuation, if the amount of the advance already paid enough for the cost evaluation fact then they must file by adding the missing money; If the amount of the advance already paid more than the actual valuation costs then they are paid back part of the money is still excessive.
Article 167. Costs for witnesses 1. Actual and reasonable expenses for witnesses because the litigants to bear.
2. The proposed court to summon witnesses must bear the cost of money for witnesses if appropriate testimony to truth but not right with the requirements of the proposal. Cases appropriate testimony to truth and the right to request of the proposal to summon witnesses, then this cost by the litigants have requested independent of the requirements of the proposal.
Article 168. The cost for an interpreter, lawyers 1. The cost for an interpreter is the amount paid to the translator in the process of settling the civil case litigant's agreement with the translator or as specified by law.
2. Costs for lawyers is money to pay for attorneys according to agreement of litigants with lawyers in the scope provisions of practicing lawyers and organizations under the provisions of the law.
3. Costs for the translator, lawyer by request, unless the parties have agreed upon other litigants.
4. where the Court requires the interpreter costs for an interpreter because court charged.
Article 169. Specific provisions on the costs of the proceedings pursuant to the provisions of this law, the Standing Committee of the National Assembly of specific provisions on the costs of Justice trusts offshore, considering costs, appraisal, inspection, valuation of assets; the cost for the witness, interpreter; other litigation costs due to other laws and regulations the exemption, reduction of costs of the proceedings in the course of the case.
Chapter X, SERVED NOTICE of the PROCEEDING TEXT, Article 170. The duty levels, served, notice the text of the proceedings the Court, Procurator, court enforcement agencies implement the grant, served, notice the text of the proceedings for the litigants, the participants in the proceedings and other agencies, organizations and individuals concerned according to the provisions of this law and the relevant legislation.
Article 171. The text of the proceedings must be issued, served, notice 1. Notice, the paper reported, summons, invited in civil proceedings.
2. The judgment, the Court's decision.
3. decision the appeal of the Procurator; the text of the civil enforcement agency.
4. The text in other proceedings which the law has specified.
Article 172. Who made the grant, served, notice of the proceeding text, text message, served the proceedings due to the following people: 1. The person conducting the proceedings, the Agency released the text of the proceedings was given the task of implementing the grant, served, notice the text of the proceedings;
2. where the township-level people's committees who joined civil residence or the Agency held where participants work in civil proceedings the Court may require;
3. Privy, a representative of the litigants or the protection of the legitimate rights and interests of litigants in cases prescribed by this Act;
4. The staff organized postal service;
5. The functions served;
6. Others that the law has specified.
Article 173. The method of levels, served, notice of the proceeding text, text message, served the proceedings is performed by the following method: 1. level, served, notice directly, through the postal service or third persons authorized to perform the grant, served, notice;
2. level, served, notice by electronic means at the request of the litigants or other proceedings in accordance with the law on electronic transactions;
3. a public listing;
4. reporting on the mass media;
5. Granted, bombardment, the announcement by other means as stipulated in Chapter XXXVIII of this law.
Article 174. The validity of the grant, served, notice the text of the proceedings 1. The grant, served, notice the text of the proceedings is made according to the provisions of this law shall be considered valid.
2. The person who has the obligation to implement the grant, served, notice the text of the proceedings must be made according to the provisions of this law.
Who has the obligation to enforce the written proceedings were issued, served, valid notification must be strictly enforced.
Article 175. Procedures, served on, the text message in the proceedings 1. Who made the grant, served, notice the text of the proceedings is directly delivered to the people being served, level, message text related proceedings. People are granted, served, the notice must be signed to get into the minutes or the delivery of text book of the proceedings. Time to calculate the duration of the proceedings is the day they are issued, served, notice the text of the proceedings.
2. The grant, served, notice the text of the proceedings through the postal service is by certified mail and confirmation of the receipt of the text of the proceedings.
Certified documents must be transferred back to the Court.
Time to calculate the duration of the proceedings was the day they received a written confirmation of the proceedings by the postal service moved to.
Article 176. Procedures, the bombardment, the announcement by electronic means, the bombardment, the announcement by electronic means is done in accordance with the legislation on electronic transactions.
The Supreme People's Court passed this.
Article 177. Procedures, served, notice directly to the individual 1. The text of the proceedings are issued, served, the notice to the address that the litigants have already submitted to the Court by the method requested litigants or to the address where the litigants agreed and suggested the Court contact that address.
2. The person is granted, the bombardment, the announcement is personal, the text of the proceedings must be delivered directly to them. Litigants must sign to receive under the provisions of paragraph 1 to article 175 of this law.
3. where the person to be served, level, the announcement was moved to a new residence and informed the Court of the change of place of residence, the right to grant, served, notice of the address of their new residence. Litigants must subscribe or only according to the provisions in clause 1 Article 175 of this law. If they do not notify the Court know about changing the address of the residence and the new residence address, the Court made under the provisions of article 179 and 180 of this law.
4. where the person to be served, level, message text from the proceedings, the person who made the grant, served, the notice must be founded thereon which stated the reason for rejection, a representative of the locality or the communes, wards and towns about the people that refused to accept the text of the proceedings. The minutes must be saved in the profile of the case.
5. where the person to be served, level, notice of absence, the person who made the grant, served, the notice must set the minutes and delivered to relatives prefer to have full capacity for civil acts together with their place of residence or the locality head, head of the village, the village, Hamlet, a wholesale, phum, care to make the newsletter or just point and ask this person committed handed back hand right for the person to be served, level, reported. The minutes must be saved in the profile of the case.
The case was granted, served, notice of absence in place of residence unknown time of return or unknown addresses to their new residence, the person who made the grant, served, the notice must be founded on the record not achieved the levels served, notice, confirmation of locality representative or social public security Ward, the town; at the same time, perform the procedure listed text to be served according to the provisions of article 179 of the code. The minutes must be saved in the profile of the case.
Article 178. Procedures, served, notice directly to the Agency, held 1. The case was granted, the song reaches, reported the Agency, the Organization of the proceedings must be delivered directly to the legal representative or the person responsible for receiving the text of the Agency, that organization and to be the people newsletter. The case Agency, the organization is granted, notice, served represented proceedings or representatives received the text of the proceedings then these people subscribe to the text of the proceedings. December newsletter is issued, served, date of notification.
2. where the person to be served, level, message text from the proceedings or absent shall follow the provisions in clause 4 and clause 5 Article 177 of this code.
Article 179. The procedures listed

1. The text listed in the proceedings was made in the case could not grant, served, notice the text directly in the proceedings as defined in Articles 177 and 178 of this code Thing.
2. The text listed in the proceedings by the Court directly made or authorized person has served or functional committees social where litigants domiciled, where the Agency is headquartered organizations follow the following procedure: a) listed the originals at the courthouse The people's Committee of social level, place of residence or domicile of the final individual, headquarters or headquarters for the last of the bodies, the Organization was granted, served, notice;
b) listing a copy at the place of residence or domicile of the final individual, headquarters or headquarters for the last of the bodies, the Organization was granted, served, notice;
c) set the record on the implementation of the procedures listed in which specify days, months, years listed.
3. The time limit listed text proceedings is 15 days from the date of listing.
Article 180. Notification procedure on mass media 1. The announcement on the mass media is made when the law has regulated or defined base is listed does not guarantee for the person to be served, level, reported receiving information about text should be issued, served, notice.
2. The notification on the mass media can be made if requested by litigants. In this case, the fees reported on mass media do litigants have requested notification.
3. reporting on mass media to be posted on the electronic portal of the Court, on one of the daily newspapers of Central in three consecutive numbers and broadcast on radio or television station of Central three times in 3 consecutive days.
Article 181. The results announcement, served, notice the text proceeding the case who made the grant, served, notice the text of the proceedings is not a court or agency issued the text of the proceedings or the officers of the agencies they should immediately notify the grant results , served, notice the text of the proceedings to the Court or agency issued the text of the proceedings.
Chapter XI Article 182 LITIGATION DEADLINES. The duration of the proceedings 1. The duration of the proceedings is a period of time to be determined from time to time to the person conducting the proceedings, the participants in the proceedings or to the Agency, organization or individual concerned acts in the proceedings by the provisions of this law.
2. The duration of the proceedings can be identified by the hour, day, week, month, year or by an event that may happen.
Article 183. Apply the provisions of the civil code on how to calculate the time limit time limit for proceedings, rules on the duration of the proceedings, the start time, the end of the time limit in the proceedings of this law are applied according to the corresponding provisions of the civil code.
Article 184. Time, time required to resolve civil matters 1. Time, time required to resolve civil matters are made according to the provisions of the civil code.
2. The Court only apply to regulation time limits at the request of a covered party or the party with this condition must be brought before the Court of first instance judgment, decided to settle the case.
People benefit from the application of the time have the right to refuse to apply time limits, unless the denial which aims to evade service.
Article 185. Apply the provisions of the Civil Code regarding the time limits of the provisions of the Civil Code regarding the time limits to be applied in civil proceedings.
The second PROCEDURE for RESOLVING the CASE in Chapter XII of the FIRST INSTANCE COURT to SUE and the CASE Article 186. Rights agency projects, organizations and individuals have the right themselves or through a legal representative Sue case (hereinafter referred to as the petitioner) in court have the authority to request the protection of the rights and legitimate interests.
Article 187. The right to sue the civil case to protect the rights and legitimate interests of others, public interest and the interests of the State 1. State management agencies about family, state management bodies of children, the Vietnam Women's Union in the scope of the task, their powers have the right to litigate the case on marriage and the family under the provisions of the law on marriage and family.
2. Organized labor representative has the right to sue the case workers in case of need to protect the rights and legitimate interests of workers collective or when employees authorized under the provisions of the law.
3. Social organizations participate in protecting the rights of consumers have the right to represent consumers sue to protect consumer interests or himself to sue because the public interest under the provisions of the law on protection of consumer rights.
4. Agency, organized within the scope of the task, their powers have the right to sue the civil case to ask the Court to protect the public interest, the interests of the State in his field in charge or as specified by law.
5. The individual has the right to sue in the case of marriage and the family in order to protect the rights, legitimate interests of other persons under the provisions of the law on marriage and family.
Article 188. The scope of claims 1. Agencies, organizations, individuals can sue one or many agencies, organizations, and individuals of a legal relationship or more related legal relationship with each other to settle in the same case.
2. Many agencies, organizations, individuals can sue an agency, an organization, an individual of a legal relationship or more related legal relationship with each other to settle in the same case.
3. the authorities, institutions and individuals, the provisions of article 187 of this Act can sue one or many agencies, organizations, and individuals of a legal relationship or more related legal relationship with each other to settle in the same case.
Article 189. The form and content of the petition 1. Agencies, organizations, individuals to sue must do the petition.
2. The petition of individuals are as follows: a) the individual has full capacity to civil litigation behavior, you can do it yourself or ask for other people as households petition case. In the item name, address, place of residence of the petitioner in the application to record the name, address of residence of the individual; in the end, that individual must sign or point only;
b) the individual is a minor, who lost the capacity for civil acts, who have difficulties in cognitive, behavioural mastery, then their legal representative can themselves or thanks to other people as households petition case. In the item name, address, place of residence of the petitioner in the application to record the name, address of domicile of the legal representative of that individual; in the end, the legal representative must sign or point only;
c) individuals in cases specified in point a and point b of this clause is the non-literate, persons with disabilities, who cannot make the petition, the person cannot sign or point only then can other people do households and petition to have people qualified in civil proceedings to testify. Witnesses must sign the petition.
3. Agency, organization is the petitioner, the legal representative of the agency or organization that can do it yourself or ask for other people as households petition case. In the item name, address of the petitioner must record the name, address of the agency or organization and they name, position of the legal representative of the Agency, that organization; in the end, the legal representative of the agency or organization must sign and seal of the Agency, that organization; the case is litigated business organizations, the use of the seal in accordance with the corporate law.
4. The petition must contain the following major contents: a) the day, month, year of the petition;
b) Name the Court accepted the petition;
c) the name, place of residence, work of the petitioner's individual or head of Agency, the petitioner is held; phone, fax number and e-mail address (if any).
The case of the parties to the agreement to address the Court contact then clearly that address;
d) the name, place of residence, the work of people who have rights and interests are protected as individuals or the headquarters of the people have rights and interests are protected as the Agency Organization; phone, fax number and e-mail address (if any);
DD) name, place of residence, work of the person being sued is the individual or the headquarters of the people being sued is the Agency Organization; phone, fax number and e-mail address (if any). The case of unknown place of residence, work or Office of the person being sued, then stating the address of residence, work or where there is the headquarters of who ultimately sued;
e) the name, place of residence, the work of people who have rights, obligations relating to personal or is the headquarters of the person who has the rights, obligations, authorities involved is held; phone, fax number and e-mail address (if any).
The case of unknown place of residence, work or Office of the person who has the rights, then the related obligation to specify the address of residence, work or where the headquarters is the last of the people have rights, obligations involved;
g) rights, legitimate interests of the petitioner being violated; the specific issue requires the Court to resolve for the people being sued, people have rights, obligations involved;
h), last name, address of your witnesses (if any);
I) bibliography, and evidence of the petition.
5. Enclose the petition must have documented evidence to prove the rights, legitimate interests of the petitioner being violated. The case for reasons of objectivity that petitioner could not submit full documentation, evidence, they must petition filed documents, the existing evidence to prove the rights, legitimate interests of the petitioner being violated. Petitioner supplemented or additional documents filed, other evidence required by the Court in the course of the case.
Article 190. Submit the petition to the Court 1. The petitioner submitted a petition attached to the document, the evidence that we have competent courts to resolve the case by using the following method: a) Filed directly in court;
b) sent to the Court by way of postal services;
c) Posted online by electronic forms via the electronic portal of the Court (if any).

2. on Sue is on litigants filed the petition in court or on listed on the seal of the organization where the postal service delivered.
The case did not identify the day, month and year according to the postal stamp where posted on the petitioner as filing litigants in day organized postal service. Litigants must prove his day sent in postal service organizations; cases of litigants did not prove to be the start date is the day the Court receives the petition by the postal service moved to.
3. in case the petitioner sends petition electronically submitted online on the petitioner as filing date.
4. in case of transfer of the case to another court under the provisions of article 41 of the law on this Sue is sent a petition to the Court was accepting but not properly authorized and determined according to the provisions in paragraph 2 and paragraph 3 of this article.
5. the Supreme People's Court passed this.
Article 191. Procedure for receiving and processing the petition 1. The Court through the single reception to receive the petition because the petitioner filed directly in court or sent through the postal service and to log receipt; the case the Court accepted the petition sent by the send method online then print out paper copies to the Court and to write to the window to receive menu.
When receiving the petition filed directly, the Court has the responsibility to grant the right certifications got for the petitioner. With regard to cases receiving invoices via the postal service within 2 working days from the date of receipt of the application, the Court must send a notice of receipt for the petitioner. The case received the petition electronically submitted online, the Court must immediately notify the receipt for the petitioner through the electronic portal of the Court (if any).
2. within 10 working days from the date of receiving the petition, the Chief Justice of the court assigned a judge to consider the petition.
3. within 5 working days from the date of assignment, the judge must review the petition and have one of the following decisions: a) require modification, supplement the petition;
b) proceed with the procedure of the case according to the normal procedure or under the shortened procedure if the case is eligible to settle under the shortened procedure provided for in paragraph 1 to article 317 of the civil code;
c) Moved the petition to the competent court and inform the petitioner if the case in the Court's jurisdiction;
d) return the petition to the petitioner if the incident is not in the jurisdiction of the Court.
4. The results of processing of single judge rules in paragraph 3 of this article must be noted on receipt and notify the petitioner through the electronic portal of the Court (if any).
Article 192. Return the result of the petition, the petition returns 1. The judge returned the petition in the following cases: a) the petitioner had no right to sue under the provisions of article 186 and 187 of this code, or does not have enough capacity for civil acts;
b) Not eligible to sue under the provisions of the law.
Not eligible to sue is the case law have provisions on the conditions to sue but the petitioner had to sue to court when missing one of the conditions;
c) things were resolved by the judgment, the decision has force of law or court decision has the effect of competent State agencies, except the case in which the Court denial of request for divorce, change request, change the level of support , the level of compensation, request changes to property manager, change manager, change the guardian or the case claiming the property, rental property, loan, demanding, demanding the right to use the land for rent, loan, give thanks that the Court in not accepting the request and under the provisions of the law are rights;
d) expiry clause 2 Article 195 of this law that the petitioner did not submit receipts advance court fee to the Court, unless the petitioner is exempted or not an advance payment of court fees or objective obstacles, unforeseen events;
DD) the case not in the jurisdiction of the Court;
e) the petitioner does not amend, supplement the petition at the request of judge prescribed in clause 2 Article 193 of this code.
In the case of the petition, the petitioner has full and correct address of the residence of the person being sued, people have rights, related obligations but they do not have a stable residence, frequent changes of residence, without notice of the new address for the Agency who has the authority under the provisions of the law of residence make the petitioner does not know are intended to disguise the address, evading the obligation with regard to the petitioner, the judge does not return the petition that the define who sued, people have rights, obligations involved deliberately hide address and proceed to accepting the settlement, according to the General procedure.
In the case of the petition, the petitioner is not inscribed in full, or not properly record the name, address of the person being sued, people have rights, obligations that are not related to repair, Supplement at the request of the judge, the judge returned the petition;
g) the petitioner withdrew the petition.
2. When returning the petition and attached documents and evidence for the petitioner, the judge must have text stating the reason for returning the petition, sent to the Procuratorate at the same level. The petition and documentation, evidence that the judge returned to the petitioner must be copied and stored in court to resolve complaints, recommendations when required.
3. Litigants have the right to file a petition in the following cases: a) the petitioner has qualified civil litigation behavior;
b) divorce requirements, change requests, change the level of support, the level of compensation, request to change Asset Manager, change manager, change the guardian or the case claiming the property, rental property, loan, demanding, demanding the right to use the land for rent , loan, in which the Court thanks to not accept that under the provisions of the law are rights;
c) Were eligible to sue;
d) other circumstances as stipulated by law.
4. the Supreme People's Court of guiding the implementation of paragraph 1 and paragraph 3 of this article.
Article 193. The revised requirements, additional petition 1. The case of the petition does not have enough content to the provisions in paragraph 4 to article 189 of the law, the judge announced in writing stating the problem should modify, Supplement for the petitioner to them additional amendments within the time limit fixed by the judge, but not more than 12 months; special circumstances, the judge may be renewed but not more than 15 days. The notification text can be assigned directly, submit online or send the petitioner through the postal service and must note the receipt to track. The time limit for implementation of the amendment and supplement of the petition is not counted on time.
2. where the petitioner has modified, additional petition as prescribed in paragraph 4 to article 189 of the law, the judge continued the case; If they are not modified, supplemented as required, the judge returned the petition and attached documents and evidence for the petitioner.
Article 194. Complaints, Petitions and complaints, Petitions regarding returning the petition 1. Within 10 days from the date of receipt to return the petition, the petitioner has the right to appeal, the Procurator has the right to petition to the Court returned the petition.
2. Immediately after receiving complaints, Petitions regarding returning the petition, Chief Justice of the Court must be assigned to a different judge to consider, resolve complaints and recommendations.
3. within 5 working days from the date of assignment, the judge must consider the session open, resolve complaints and recommendations. The session considered, complaints, petitions to have the participation of representatives of the same Procuracy and litigants have complaints; the case of the absence of the litigants, the judge still conducted the session.
4. Based on the documentation and evidence relevant to the return of the petition, the comments of the representative of the Institute of prosecution and litigants have to complain at the session, the judge must place one of the following decisions: a) kept returning the petition and notify the litigant , The Procuratorate at the same level;
b) received the petition and attached documents and evidence to proceed with the case.
5. within 10 days from the date of receiving the decision answered the complaint, petitions about pay back the judge's petition, the petitioner has the right to appeal, the Procurator has the right to petition to the Chief Justice of the Court on a direct level review, resolve.
6. within 10 days of receiving complaints, Petitions regarding returning the petition, Chief Justice of the Court on a direct level to one of the following decisions: a) hold the return of the petition;
b) asked the Court of first instance granted the petition and receive documents, and evidence to proceed with the case.
Decision on complaint resolution, the recommendations of Chief Justice of the Court on a direct level of effect execution and sent immediately to the petitioner, the Procuratorate at the same level, the Procuracy has proposed and the Court has a decision to pay back the petition.
7. where are the base determines the decision of Chief Justice court settlement on a direct level prescribed in clause 6 this may violate the law, then, within 10 days from the date of the decision, litigants have the right to appeal, the Procurator has the right to petition to the Chief Justice of the high people's Court if the decision complained recommendations of the Chief Justice's Court in provincial or people with the Chief Justice of the Supreme People's Court if the decision complained of, the recommendations of the Chief Justice is the people's Court.
Within 10 days from the date of the complaints of litigants, the recommendations of the Procurator, the Chief Justice must resolve. The Chief Justice's decision is the final decision.
Article 195. Case

1. after receiving the petition and attached documents and evidence, if it deems the case in the jurisdiction of the Court, the judge must immediately notify the petitioner knew to them to court procedures for an advance payment of court fees in case they have to an advance payment of court fees.
2. The judge intended to advance the court fee, written on paper and delivered to the petitioner to them an advance payment of court fees. Within 7 days from the date of the notice of the Court paper regarding an advance payment of court fees, the petitioner must file the advance payment of the court fee and filed for court receipts advance payment of court fees.
3. The judge of the case when the petitioner filed for court receipts advance payment of court fees.
4. in case the petitioner be free or not an advance payment of court fees, the judge is the case when receiving the petition and attached documents and evidence.
Article 196. Notification of case 1. Within 3 working days from the date of the case, the judge must be notified in writing to the plaintiff, the defendant, agencies, organizations, individuals have rights, obligations related to the resolution of the case, to the Procuratorate at the same level on the court case.
For the case litigated by consumers, then the Court must be listed in the Court Office for information about the case within 3 working days from the date of the case.
2. the written notice must contain the following principal contents: a) the day, month, year written notice;
b) name, address, the Court has the case;
c) name, address; phone number, fax, e-mail address (if any) of the petitioner;
d) specific issues the petitioner asks the Court to settle;
DD) of the case be accepting as normal procedure or the shortened procedure;
e) bibliography, evidence petitioner filed the attached petition;
g) the time limit for the defendant, who has the rights, the obligations relating to the written comments submitted to the Court with respect to the request of the petitioner and the documentation, evidence, response requirements, independent requirements (if any);
h) legal consequences of the defendant, whose rights, obligations relating to not submit to the Court the text of his comments with respect to the request to sue.
3. where the plaintiff has a petition to the Court to assist in the sending of the document, then the evidence attached to the notice of the case, the Court sent to the defendant, who has the rights, obligation relates a copy of the document, the evidence provided by the plaintiff.
Article 197. Assigned to the judge of the case 1. On the basis of the report of the case of the judge assigned to the case, the Chief Justice the Court decided the judge assigned the case ensures the principle of impartiality, objectivity, random.
2. within 10 working days from the date of the case, Chief Justice of the Court decided to assign judges to resolve the case.
For complex cases, the resolution may be extended, the Chief Justice of the court assigned judge attend physically to ensure timely trial under the provisions of this law.
3. In the course of the case, if the judge is assigned cannot continue to proceed was the task of the Chief Justice of the court assigned judge continued the mission; the case is a trial without judges attend physically, then the case must be heard again from scratch and the Court must inform the Privy, the Procuratorate at the same level.
Article 198. The duties and powers of judges when setting the case file 1. Establishment of case file according to the provisions of article 204 of the code.
2. Request the Privy Affairs filed the documents and evidence to the Court.
3. Proceed to verify, collect evidence as defined in paragraph 2 and paragraph 3 Article 97 of this Act.
Article 199. Rights, the obligation of the defendant, whose rights, obligations in relation to when the notice 1. Within 15 days from the date of the notice, the defendant, whose rights, obligations relating to the submission to the Court the text of his comments with respect to the plaintiff's requirements and documentation, evidence, response requirements, independent requirements (if any).
The case needs to renewal of the defendant, who has the rights, the obligations pertaining to the suggested renewal application has submitted to the court stating the reason; If the renewal proposal is based, the Court must extend but not more than 15 days.
2. The defendant, who has the rights, the obligations involved has the right to ask the Court to view, write copy, copy of the petition and attached documents and evidence, petition, except for documents, evidence prescribed in clause 2 Article 109 of this Act.
Article 200. The right to require reflecting elements of the defendant 1. Along with having to submit to the Court the text of his comments with respect to the request of the plaintiff, the defendant has the right to require reflecting elements for the plaintiffs, who have rights, obligations relating to independent requirements.
2. Request the side of defendant for plaintiffs, people have rights, obligations relating to have independent inquiries are accepted when in one of the following cases: a response factor) required to offset obligation with the request of the plaintiffs, who have rights, obligations relating to independent request;
b) require an accepted element of the reaction leads to the exclusion of the acceptance of a part or the whole of the plaintiff's request, people have rights, obligations relating to independent request;
c) Between the request and response requested by the plaintiffs, who have rights, obligations relating to have independent inquiries have relevance to each other and if resolved in the same case, the making of the case are accurate and faster.
3. The defendant has the right to demand side factors before the opening of the session examined the hand, approach, publicly the evidence and reconciliation.
Article 201. Right to request independent of the people who have rights, obligations relating to 1. Cases people have rights, obligations relating not to participate in the proceedings with the plaintiff or defendant side, they have the right to request independence when the following conditions: a) the resolution of the case related to rights, their obligations;
b) their independence requirements relevant to the case being resolved;
c) their independence requirements are addressed in the same case to make the resolution of the case was correct and faster.
2. People who have rights, obligations in relation to have the right to make a claim of independence before the opening of the session examined the hand, approach, publicly the evidence and reconciliation.
Article 202. The procedure requires a reflective factor or request response requirements procedures, independent factor or independent requests made under the provisions of this law regarding plaintiff's claims procedure.
Chapter XIII PROCEDURES of MEDIATION and TRIAL PREPARATION Article 203. The time limit for pretrial preparation 1. The time limit for pretrial preparation of these types of cases, except for the case to be tried under the shortened procedure or service project with foreign elements, are defined as follows: a) with regard to the provisions of article 26 and Article 28 of this law, the time limit is 12 months from the date of the case;
b) with respect to the provisions of article 30 and article 32 of this law, the time limit is 12 months from the date of the case.
For the case of complex nature or because of unforeseen events, the objective obstacles, the Chief Justice of the Court may decide to extend the time limit for pretrial preparation but not more than 12 months for the case in the case provided for in point a of this paragraph and not more than 12 months for the case in cases specified in point b of this paragraph.
The case has decided to temporarily suspend the case the time limit for pretrial preparation are recalculated from the date of the decision to keep the case of the Court of law.
2. in the preparatory phase of the trial, the judge made the following powers, duties: a) Established the case file according to the provisions of article 198 of this law;
b) identified as litigants, who participated in the proceedings;
c) identifies relationships disputes between litigants and law should apply;
d) clarifying the details of the case;
DD) to verify, collect evidence under the provisions of this law;
e) applying provisional measures;
g) hosted the session examined the hand, approach, publicly the evidence and reconciliation under the provisions of this Act, unless the case is resolved according to the abridged procedure;
h) perform other duties and powers as specified by this law.
3. Within the time limit for pretrial preparation specified in paragraph 1 of this article, custom case, a judge in the following decisions: a) recognized the agreement of the litigants;
b) suspension of the case;
c) settling civil cases;
d) bringing the case to trial.
4. within 1 month from the date of a decision bringing the case to trial, the Court must open the trial; where there is good reason, then this term is 12 months.
Article 204. File civil case 1. Civil case file includes single and entire document, evidence of the litigants, the participants in the proceedings; documents and evidence collected by the Court concerning the case; writing in the proceedings of the Court, Procurator of the resolution of the civil case.
2. The papers, documents in the civil case records must be numbered green pen, arranged in the order of day, month, year. Papers, documents that before then to stay under, paperwork, documents have let on and must be managed, preserved, used in accordance with the law.
Article 205. Principles for conducting mediation 1. Within the time limit for pretrial preparation of first instance cases, courts conducting the mediation to the litigants agreed with each other about the case, except the case not be settled or not conducting mediation are stipulated in Articles 206 and 207 of this law or the case be solved under the shortened procedure.
2. Mediation is conducted according to the following rules: a) respect the voluntary agreement of the litigants, not in use of force or threat of force, forcing litigants to the agreement is inconsistent with the will of themselves;
b) content agreement between the litigants do not violate the prohibition of the law, not immoral society.
Article 206. The civil case was not settled 1. Require compensation because of damage to the property of the State.
2. The case arising from civil transactions violated the prohibition of the law or immoral society.
Article 207. The civil case does not proceed to mediation are

1. The defendant, who has the rights, obligation to relate was duly summoned to court for the second time that still intentionally absent.
2. Litigants could not participate because there is good reason.
3. Privy is spouses in divorce cases was the loss of the capacity for civil acts.
4. One of the litigants to suggest not to proceed with the mediation.
Article 208. Notification of the session examined the hand, approach, publicly the evidence and reconciliation 1. The judge conducted open meetings to check the reports, access, public evidence and reconciliation between the litigants. Before the session, the judge must inform the Privy, the legal representative of the litigants, who protected the legitimate rights and interests of litigants in terms of time, location, conducting meetings and the content of the session.
2. where the civil case not be mediation or mediation not be prescribed in article 206 and 207 of the code of the judge conducting the session examined the hand, approach, publicly the evidence without conducting the mediation.
3. With regard to marriage and family cases involving juveniles, before opening the session examined the hand, approach, publicly the evidence and reconciliation between the litigants, the judge, the Inquisitor was Chief Justice of the court assigned to collect material evidence to determine the cause of the dispute arises. When it deems necessary, the judge may refer the opinion of State management agencies about family, state management bodies of children about the family situation, the cause of the dispute arises and the aspirations of the spouses, the relevant to the case.
For the case of parenting disputes upon divorce or change direct people raising children after divorce, the judge must take the opinion of the juvenile from seven years of age, where necessary may invite representatives of State administration, State administration of child witness , joined the opinion. Obtaining the opinion of the juvenile and the other proceedings against juveniles are guaranteed friendly, psychologically fit, age, the level of maturation, cognitive ability of juveniles, guarantee the rights, legitimate interests, confidentiality of individual juveniles.
Article 209. Components of the session examined the hand, approach, publicly the evidence and reconciliation 1. Session participants include: a) the judge presiding over the session;
b) court clerk recorded the minutes of the session;
c) The litigants or legal representative of the litigants;
d) represented the Organization of collective labour representation for the case of labor upon request of the employee, except in the case of labour had organized labor representative is the representative, who protected the legitimate rights and interests for the collective workers, workers. The case represented the Organization of collective labor representatives did not participate in the mediation, you have comments in writing;
DD) Who protect the legitimate rights and interests of litigants (if available);
e) interpreter (if available).
2. where necessary, the judge asked individuals, agencies, related organizations participated in the session; for the case of marriage and the family, the judge asked a representative of State authority, the State Agency on children, Vietnam Women's Union to join the session; If they are absent, the Court still conducting the session.
3. in case there are many litigants that are equivalent to the absence, but the litigants present still agree to conduct meetings and the conduct of that session does not affect the rights, obligations of litigants are absent, the judge conducting the session between the litigants are present; If the litigants suggested to postpone the mediation session to present all the litigants in the case, the judge must postpone the session. The judge must inform the postponed session and the opening of the session again for litigants.
Article 210. The order of the session examined the hand, approach, publicly the evidence and reconciliation 1. Before conducting the session, court clerk judge reports on the presence, absence of the participants in the court session was announced. The judge presiding over the session check the presence and identity of the people involved, common for litigants of their rights and obligations under the provisions of this law.
2. When examining the delivery of outreach, public submission, the evidence, the judge published material, there is evidence in the record of the case, asked litigants on the following issues: a) requirements and the scope of claims, modifications, additions, change, withdrawal requests, request response elements, require independent; the problem was, those problems have not uniformly require court resolution;
b) documents and evidence submitted to the Court the delivery and sending of documents, evidence for other litigants;
additional documentation, c) evidence; ask the Court to collect the documents and evidence; ask the Court to summon other litigants, witnesses and participants in the proceedings at the trial;
d) The other issues that litigants found necessary.
3. after the litigants presented complete, judges consider the comments, addressing the requirements of the provisions in paragraph 2 of this Article. The case was the Court summoned are absent, the Court reported results for their session.
4. procedures for conducting mediation shall be as follows: a) judge on the common for litigants about the rule of law are relevant to the resolution of the case to the litigant, linked to the rights, obligations, the analysis of the legal consequences of the mediation so that they voluntarily agreed with each other about the resolution of the case;
b) plaintiffs, who protected the legitimate rights and interests of them presented the content dispute, the required additional initiations; the bases to protect the petitioner requests and proposed views on the issue to mediation, the direction of the case (if any);
c) defendant, who protected the legitimate rights and interests of them presented their opinions with regard to the plaintiff's request, response requirements (if any); the grounds for opposing the request of plaintiff; the bases for the protection of its elemental reaction requirements and proposed views on the issue to mediation, the direction of the case (if any);
d) Who has the rights, obligations, the protection of the rights and legitimate interests of them presented their opinions with regard to the request of the plaintiff, the defendant; presented his independent requirements (if any); the bases to oppose the request of the plaintiff, the defendant; the bases to defend its independence request and proposed views on the issue to mediation, the direction of the case (if any);
DD) other people participating in mediation sessions (if any) statements of opinion;
e) after the litigants, who protected the legitimate rights and interests of them presented most of his opinion, the judge determined the problems the litigants agreed, yet consistent and ask the litigants presented about the unknown content, not uniform;
g) judges concluded about the matter the litigants agreed, not yet.
Article 211. The minutes of the session examined the hand, approach, publicly the evidence and reconciliation 1. The clerk of court must examine the record-setting throw, approach, publicly the evidence and documents about the mediation.
2. The minutes of the hand test, approach, publicly the evidence must contain the following major contents: a) the day, month, year conducted the session;
b) location to conduct the session;
c) participants;
d) comments of the litigants or legal representative of the litigants about the content of the provisions in paragraph 2 of this law 210;
DD) other contents;
e) decided by the Court on accepting, not accepting the requests of litigants.
3. The minutes of the conciliation must have the following principal contents: a) The content of the provisions in points a, b and c of paragraph 2 of this Article;
b) comments of the litigants, who protected the legitimate rights and interests of litigants;
c) The content was the equivalent to the consistency, inconsistency.
4. The minutes must be signed or only of those who join the session, signed by the Secretary of the court record and of the judge presiding over the session. The session participants have the right to view the minutes shortly after the end of the session, asked to write the amendment, added to the minutes and confirm or points only.
5. where the litigants agreed with each other about the problem to solve in the civil case, the Court established a mediation. The minutes are sent immediately to the litigants involved.
Article 212. The decision recognized the agreement of litigants 1. Expiry of 7 days from the date of establishment of the minutes of the mediation without the litigants would change their opinion on the agreement that the presiding judge mediator or a judge was Chief Justice of the court assigned to the decision recognized the agreement of the litigants.
Within 5 working days from the date of the decision recognized the agreement of the litigants, the Court must send the decision to the litigants and the Procurator at the same level.
2. The judge only decision recognized the agreement of the litigants if litigants agreed with each other about the resolution of the entire case.
3. In the case provided for in paragraph 4 to article 210 of the law which the litigants present agreement was about the resolution of the case, the agreement is only valid for those present and the judge decides if accreditation does not affect the right , obligations of litigants are absent. The case of their agreement which affects the rights, the obligations of litigants are absent, then this agreement is only valid and be the judge decides if accreditation is equivalent to the absence at the mediation agree in writing.
Article 213. The effect of the decision on recognition of the agreement of the litigants 1. The decision recognized the agreement of the litigant legal effect immediately after it is issued and is not being appealed, the appeal under the procedure of appeal.
2. decision recognized the agreement of the litigants may only be protest under procedure of Cassation if there is evidence that the agreement which is due to be confused, deceived, intimidated, forced or violation of the law banning thing, left social ethics.

Article 214. Suspension settle civil case 1. The Court decision to temporarily suspend the civil case when one of the following bases: a) is the individual litigants has died, the Agency has incorporated organization, merger, split, split that has not had the bodies, institutions, individuals inherit the rights and obligations of the Agency proceedings Organization, that individual;
b) individual litigants lost the capacity for civil acts, juveniles that have yet to identify the legal representative;
c) terminates the legal representation of litigants that not yet have a replacement;
d) Should wait for the outcome of the case or other related things to be regulated is right by the Agency, other organization before the new resolution solved the case;
DD) Should wait for the results of the judicial trustee, the trustee collects the evidence or wait for organs, the organization provides material evidence as required by the Court to solve the case;
e) Should wait for the results of processing legal documents related to the settlement of the case with signs contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the legal text of the superior state agency that the Court had written recommendations to the competent State agencies consider modifying , addition or removal;
g) according to the provisions of article 41 of the law on bankruptcy;
h) other circumstances as stipulated by law.
2. within 10 working days from the date of the decision to temporarily suspend resolve civil cases, the Court must send the decision to the Privy, agencies, organizations or individuals to sue and the Procuratorate at the same level.
Article 215. Consequences of the suspension to resolve civil cases 1. The Court does not delete the name civil case is temporarily suspended to resolve in accepting that only notes in shared acceptance number and date of the decision to temporarily suspend solve civil cases.
2. Advance payment of court fees, fees that litigants have filed are sent in the State Treasury and are processed when the Court continue to resolve civil cases.
3. in case of suspension under the provisions of Article 214 paragraph 1 e points of this law before the suspension, the Chief Justice courts are resolving to have text suggested the Chief Justice of the Supreme People's court petition the competent State agencies consider modifying , addition or repeal legal text signs contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the legal text of the Superior State organs as defined in article 221 of the code.
Within a period of 12 months from the date of receiving the written recommendation of the Court, the competent authority must have a written reply. Most of this period which the competent authorities have no text answered, the Court continued the case according to the General procedure.
4. During the suspension of the case, the judge assigned the case must still be responsible for the resolution of the case.
After you have decided to temporarily suspend the case prescribed in clause 1 Article 214 of this law, the judge was assigned to solve the case are responsible for tracking, urge agencies, organizations and individuals, in order to overcome in a short time for the reasons leading to the case is temporarily suspended to give timely case resolution.
5. The decision to temporarily suspend solve civil cases could be appealed, the appeal under the procedure of appeal.
Article 216. The decision to continue to resolve civil cases within 3 working days from the date of the reason for suspension of the case prescribed in article 214 of this law, the Court must make a decision to continue to resolve civil cases and send the decision to the Privy agencies, organizations, and individuals to sue, the Procuratorate at the same level.
The decision to temporarily suspend solve civil cases expired from the date of issuing the decision continue to resolve civil cases. The Court continued the case since the decision to continue the case.
Article 217. Settling civil cases 1. After the case in its jurisdiction, the Court decision settling civil cases in the following cases: a) the plaintiff or defendant is deceased that personal rights, their obligations not inherited;
b) organs, the Organization was dissolved, bankrupt without agencies, organizations, individuals would inherit rights, obligations of agency proceedings, the Organization;
c) the petitioner withdrew the entire request petitioner or plaintiff has duly been summoned a second time and still absent, except where they recommend a trial absent or because of unforeseen events, the objective obstacles;
d) has decided to open court's bankruptcy procedures for enterprises and the cooperative is a party litigant in the case that solving the case is related to the obligation, the property of the cooperative enterprises;
DD) the plaintiff does not advance the cost of property valuation and other litigation costs according to the provisions of this law.
The case of the defendant requested betrayed that the Prosecutor, who has the rights, the relevant obligations require independence does not advance the cost of property valuation and other litigation costs according to the provisions of this law, the courts suspend the resolution required side of defendant the requirement of independence, people have rights, obligations involved;
e) litigants require to apply time limits before the Court of first instance judgment, decided to settle the case and time has run out;
g) The case prescribed in clause 1 Article 192 of this Act that the Court was accepting;
h) other circumstances as stipulated by law.
2. where the plaintiff withdraws the entire request to sue or have duly been summoned a second time and still absent without justifiable reason, does not suggest a trial in absentia and the case in which the defendant requested betrayed that the Prosecutor, who has the rights, the relevant obligations require independent resolves as follows : a) the defendant withdraws the whole request response factor, people have rights, obligations relating to withdraw the entire independent requirements, the Court decides to suspend the case;
b) defendant did not withdraw or partially withdraw the only response required elements the Court suspension decision with regard to the request of the plaintiffs to sue; the defendant became the plaintiff, the plaintiff became the defendant;
c) defendant withdraws the whole request response elements, who have the rights and obligations relating not to withdraw or partially withdraw just love need independent court suspension decision with regard to the request of the plaintiff, petitioner opposed the request of defendant; people have rights, obligations relating to become plaintiff, who would be independent on-demand events become the defendant.
3. Court decisions settling civil cases, delete the name of the case in accepting and returning the petition, documents, and evidence for litigants if requested; in this case, the Court must copy and save to resolve complaints, recommendations when required.
Within 3 working days from the date of the decision on suspension of the case, the Court must send the decision to the Privy, agencies, organizations or individuals to sue and the Procuratorate at the same level.
4. for the case to be heard again according to the procedure of first instance after the decision of Cassation, retrial which the Court decided to suspend the resolution of the case, the Court must resolve the consequences of sentencing, other related issues (if any); the case of the plaintiff to withdraw the petition or has been duly summoned for the second time that remains absent, then the suspension of the case must have the consent of the defendant, who has the rights, the obligations involved.
Article 218. Consequences of the suspension settles civil case 1. When a decision settling civil cases, litigants have no right to sue ask the Court to settle the civil case that, if the claims of the case after nothing other than the previous case of plaintiffs, defendants and legal relations of the dispute, except in the case prescribed in clause 3 Article 192 , point c paragraph 1 to article 217 of the code of this and other cases prescribed by law.
2. where the Court decision settling civil cases as specified in point a and point b paragraph 1 Article 217 or for reasons of claimants has been summoned a second valid still absent specified in point c paragraph 1 to article 217 of the code this advance payment of court fees that litigants have filed are sung to the State Fund.
3. in case the Court decision settling civil cases because the petitioner withdrew the entire request petitioner stipulated in point c and other cases specified in points d, e, f and g of paragraph 1 to article 217 of the code this advance payment of court fees that litigants have filed are returned to them.
4. The decision to suspend the case could be appealed, the appeal under the procedure of appeal.
Article 219. Decision-making authority temporarily suspended to resolve civil cases, the decision to continue to resolve civil cases, the decision to suspend the civil case resolved 1. Before the opening of the trial, the judge was assigned to solve the civil case has the authority to temporarily suspend decisions to resolve civil cases, the decision to continue to resolve civil cases, the decision to suspend the case.
2. At trial, the trial has the authority to temporarily suspend decisions to resolve civil cases, the decision to continue to resolve civil cases, the decision to suspend the case.
Article 220. The decision to bring the case to trial 1. The decision to bring the case to trial to have the following content: a) the day, month, year of decision;
b) Name the Court decision;
c) case to be brought to trial;
d) name, address of the plaintiff, the defendant or the agencies, organizations and individuals to sue the provisions of article 187 of this Act, the person who has the rights, the obligations involved;
DD), last name judges, jurors, court clerk; they, the name of the judge, the jurors attended people with disabilities (if applicable);
e), last name, taking the trial Prosecutor; they, the Prosecutor name membership (if any);
g) date, time, month, year, location, open the trial;
h) public hearing or trial sealed;
I), last name, who was summoned to join the trial.
2. Decides to take the case to trial must be submitted for the litigants and the Procuracy same level within 10 working days from the date of the decision.

The case of Procuratorate participated in the trial as stipulated in paragraph 2 of article 21 of this law, the Court must send the case file together decided to take the case to trial to the Procuratorate at the same level; within 15 days from the date of the record, the Procurator must research and return the records to the Court.
Article 221. Findings and recommendations to modify, supplement or remove legal writing 1. In the process of resolving civil, if discovered legal texts related to the resolution of the civil case with signs contrary to the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, the legal text of the Superior State organs, the Court made the following : a) case decided to bring the case to trial, the judge was assigned to solve the case and reports suggest Chief Justice courts are resolving there the text suggested the Chief Justice of the Supreme People's court petition the competent State agencies consider modifying supplement or repeal the legal text;
b) cases had decided to bring the case to trial or the case is under review at the trial or hearing under the procedure of Cassation, retrial, the trial suspended the trial as stipulated in paragraph 1 of point e Article 259 of this Act and the Court are Chief Justice reports of the case have suggested text Chief Justice Court Supreme People's recommendations of competent State agencies consider alteration, addition or repeal the legal text.
2. Within 15 days from the date of the text suggested by the Chief Justice of the superior court under the then Chief Justice of the Supreme People's Court must consider and handle the following: a) the case suggested to base out of the text of recommendations sent to State Agency has the authority to modify , addition or repeal legal texts and inform the Court had suggested to a decision to temporarily suspend the case;
b) where no proposal to base the written out answers to the Court had offered to continue the case as prescribed by law.
3. The Agency received the Court's recommendations on the amendment, supplement or repeal the legal text has the responsibility to solve the following: a) for writing legal regulation details, guide the implementation of the Constitution, laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly , the legal text of the superior state agencies were considering the recommendations within a period of 12 months from the date of receiving the recommendations of the Chief Justice of the Supreme People's Court, the Agency issued it must consider and reply in writing to the Supreme People's Court; If this time limit without getting a written answer, the Court applied the effect higher than text to resolve the case;
b) case review recommendations to amend, supplement or annul the legal text is law, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly shall follow the provisions of the Act enacted the legal text.
Chapter XIV TRIAL section 1 GENERAL PROVISIONS on TRIAL Article 222. General requirements for trial trial must be conducted on time, location stated in the decision to bring the case to trial or in newspapers to reopen the trial in the case must adjourn the trial.
Article 223. The venue for the trial court to be held at the Court House or can outside court but must ensure dignified and courtroom form specified in article 224 of the code.
Article 224. Courtroom layout forms 1. Coat of arms of the Socialist Republic of Vietnam is hanging between the front of the courtroom and the top seat of the Board of review.
2. The court room must have areas are arranged for the trial, the Prosecutor, the clerk of court, litigants, who protected the legitimate rights and interests of litigants, the participants in the proceedings and other persons attending the trial.
Article 225. Trial directly, verbally 1. The Court must directly determine the details of the case by listening to the testimony presented by plaintiff, defendant, whose rights, obligations related to the case, the legal representative, who protected the legitimate rights and interests of litigants and participants in other proceedings, the Agency organizations are invited to attend the trial; ask and listen to answers to questions; look, check out the documentation and evidence was collected; and listen to the debate between the litigants; listen to the statements of Prosecutor the opinion of the Procurator.
2. The hearing must be conducted and in the courtroom.
Article 226. Replacement of Board members to trial in special cases 1. The case of competent judges the people could not continue to participate in the trial of the case but there are judges, people's jurors attended physically then these people were joined the next hearing of the case if they are present at the trial from the start.
Case of trial of two judges that the judge presiding the trial could not continue to attend the trial of the case, the judge is a member of trial do preside the trial and judge attended the flaw was added as a member of trial.
2. The absence of judges or people's assessors attending alternates to replace members of the Board of review or to change the judge presiding the trial without judges to replace as defined in paragraph 1 of this article, the case must be heard again from the beginning.
Article 227. The presence of the litigant, representative, who protected the legitimate rights and interests of litigants 1. The Court convened the first valid, litigants or their representatives, who protected the legitimate rights and interests of litigants to be present at the trial; If someone is absent, then the trial is adjourned the trial, except where that person may petition the trial in absentia.
The Court must notify the litigant, representative, who protected the legitimate rights and interests of litigants on whether to postpone the trial.
2. The Court convened the second valid, litigants or their representatives, who protected the legitimate rights and interests of litigants to be present at the trial, unless they have a single proposal to trial in absentia; If absence due to unforeseen events or objective obstacles, the Court may adjourn the trial, if not because of unforeseen events or objective obstacles shall be treated as follows: a) the absence of the plaintiff without trial involved representative shall be deemed waiver of the petitioner and the Court decides to suspend the case for inquiries claims of that person, unless that person has a single proposal to trial in absentia. The plaintiff has the right to sue under the provisions of the law;
b) the defendant does not have the required response factor, people have rights related obligations, there is no independent requirement of absence without representatives participated in the trial, the Court conducted a trial in absentia;
c) the defendant has reflected absenteeism factor requirements without the representative participated in the trial shall be deemed waiver of required response factor and the Court decided to suspend the resolution for the request response elements, unless the defendant has single proposal to trial in absentia. The defendant has the right to sue again to require that responses in accordance with the law;
d) Who has the rights, related obligations requires absences without independent representatives participated in the trial shall be considered a waiver of the requirement of independence, and the Court decided to suspend the request for resolution independent of that person, unless that person has a single proposal to trial in absentia. People have the rights, the relevant obligations require the independent right to sue back standalone requirements for that specified by law;
DD) Who protect the legitimate rights and interests of litigants are absent, the Court still conducting a trial in absentia.
Article 228. Trial in the case of litigants, the protection of the rights and interests of litigants in absentia in the trial court still conducting trial of the case in the following cases: 1. The plaintiff, the defendant, who has the rights, obligations and their representative is absent at the trial have suggested the trial in absentia;
2. The plaintiff, defendant, whose rights, obligations related absence in the trial but have representatives participate in the trial;
3. The cases stipulated in points b, c, d and DD item 2 Article 227 of the code.
Article 229. In the presence of witnesses 1. Witnesses are obliged to participate in the trial under a court summons.
2. in case of the absence of witnesses, the trial decision still proceed to trial or adjourn the trial.
The trial is still proceeding to trial in cases where the witness is absent but earlier they had testimony directly with the Court or submit testimony to the Court. Presiding the trial declared that testimony.
The trial decided to postpone the trial if the absence of witnesses at the trial difficult, affect the objective, comprehensive settlement of the case.
3. The absence of the witness at the trial with no good reason and the absence hinders for the trial could be leading to a court according to the decision of the Board of review, except in the case of witnesses are minors.
Article 230. The presence of the examiner 1. The examiner has the obligation to participate in the trial under a court summons to explain, answer the problems related to the assessment and the conclusion.
2. in case of absence of the examiner, the Board of adjudication decisions still proceed to trial or adjourn the trial.
Article 231. The presence of translator 1. The interpreter is obliged to participate in the trial under a court summons.
2. where the translation is absent without others replace the trial decided to postpone the trial.
Article 232. The presence of the Prosecutor 1. Prosecutor was Minister Prosecutor same level assigned mission is to participate in the trial; If the absence of the Prosecutor, the trial still conducted trial, not to postpone the trial.

2. where the Prosecutor is changed at the trial or may not continue to participate in trial, but the Prosecutor then this person members are joining the next trial of the case if they are present at the trial from the start.
Article 233. The deadline postponed the trial and decided to postpone the trial of 1. The trial decided to postpone the trial in the case prescribed in clause 2 Article 56, paragraph 2 Article 62, item 2 Article 84, article 227, paragraph 2 Article 229, paragraph 2 Article 230, paragraph 2 and article 231 Article 241 of the code. The deadline postponed the trial is no more than 12 months, for the Court trial of the case under the abridged procedure is not to exceed 15 days from the date of the decision to postpone the trial.
2. Decides to postpone the trial to have the following content: a) the day, month, year of decision;
b) Court and they Name, name of the person conducting the proceedings;
c) case to be brought to trial;
d) the reason for delaying the trial;
DD) time, place to reopen the trial.
3. Decides to postpone the trial to be presiding the trial on behalf of trial signed and announced publicly at the trial; for a absences shall send them immediately to court decisions that, at the same time send to the Procuratorate at the same level.
4. after the case postponed the trial that the Court cannot reopen the trial on time, location opened back in court decided to postpone the trial, the Court must immediately notify Procurator at the same level and the participants in the proceedings about the time and the place to reopen the trial.
Article 234. Court rules 1. Upon entering the courtroom, everyone needs the security check of the force is responsible for protection of the trial.
2. Is strictly forbidden to bring into the courtroom of weapons, explosives, gases, flammable, toxic, radioactive substances, prohibited items in circulation, single transfer, the slogan and the document, other items affecting the sanctuary of the trial, except for the evidence of the case serve for trial or weapons , tool support is competent to bring to trial protection duty.
3. Participants of the trial at the request of the Court to present the summons, invitation, other relevant documents for the court clerk at the desk clerk at the latest 15 minutes before the opening of the trial and the seats in the court room according to the instructions of the court clerk; the case came late, they must present the summons, invitation, other relevant documents for the Court's secretariat through the force on duty protecting the trial.
4. Journalists to attend the trial to put on trial the Executive must take the control of the presiding on the area. Journalists recorded speech, recorded images of the trial must be consent of the presiding. The speech recording, recording images of the litigants, who joined the other proceedings must be agreed by them.
5. People attending the trial must have serious costumes; have an attitude of respect for the Board of review, keep order and follow the direction of the presiding.
6. no hats, hats, wearing stained glass in the courtroom, unless there are justifiable reasons and the consent of the presiding; do not use your mobile phone, no smoking, no eating in the courtroom or other acts affecting the sanctuary of the trial.
7. Participants of the trial at the request of the Court to be present in court during the trial of the case, except to preside the trial agree to leave the courtroom when there is good reason.
The person under sixteen years of age were not in the courtroom, except with court summons to join the trial.
8. Everyone in the courtroom to stand up when the trial in the courtroom and once sentenced, except in special cases, the consent of the presiding.
9. Only those who are trial agreed to be questioned, answers or statements. People ask, answers or statements to stand up, except for health reasons was presiding agreed to sit for questions, answers, statements.
Article 235. The procedure of judgment and the decision of the Court in the trial of 1. The judgment of trial must be discussed and passed in the deliberation room.
2. Decides to change the conduct of the proceedings, the examiner, translator, transfer case, temporary suspension or suspension of the case, adjourned the trial, decided to recognize the agreement of litigants, halted the trial must be the trial deliberations, adopted at the room and made in writing.
3. Decisions on other issues was discussed and the Board of review through in the courtroom, not made in writing but must be recorded in the minutes of the trial.
Article 236. The minutes of the trial 1. The minutes of the trial must complete the following: a) The main content of the decision to bring the case to trial prescribed in clause 1 Article 220 of this law;
b) of all the happenings at the trial from the beginning until the end of the trial;
c) questions, answers and statements at the trial.
2. In addition to the trial record, the Board of review can make the recording, recorded on the trial.
3. After the end of the trial, presiding the trial to check the minutes and with the trial Secretary sign it.
4. the Prosecutor and the participants in the proceedings have the right to view the minutes of the trial immediately after the end of the trial, asked to write the amendment, added to the minutes of the trial and signed.
Article 237. Prepare the opening of the trial before the opening of the trial, the court clerk must conduct the following tasks: 1. Common rules and Court.
2. check, determine the presence, absence of trial participants according to the summons, the Court's notice paper; If someone is absent they must clarify the reason.
3. Stable order in the courtroom.
4. Ask everyone in the courtroom stood up when the trial in the courtroom.
Article 238. The procedure of trial in absentia of all the participants in the proceedings 1. The court documents, based on the evidence contained in the record of the trial in absentia to litigants, who participated in other proceedings under the provisions of the law when there are enough of the following conditions: a) the plaintiff, the plaintiff's legal representatives have suggested the trial in absentia;
b) defendant, whose rights, obligations involved; the legal representative of the accused who have rights, obligations relating to have petition hearing is absent or has been duly summoned for the second time that still absent;
c) Who protect the rights and legitimate interests of the plaintiff, the defendant, who has the rights, obligation relates has recommended trial application is absent or has been duly summoned for the second time that remains absent.
2. Presiding announced reason litigants or absence of Privy Council proposal to trial in absentia.
3. Presiding published summary of the case and the documents, the evidence contained in the case file. Trial discussion on the issues to be addressed in the case.
4. the Prosecutor stated opinion of the Procurator.
5. The trial proceed with deliberation and pronouncement of judgment under the provisions of this law.
Section 2 PROCEDURES for STARTING the TRIAL Article 239. The opening of the trial of 1. Presiding the opening of the trial and read decided to bring the case to trial.
2. The Secretary of the trial report of trial on presence, absence of trial participants according to the summons, the Court's notice paper and reasons for absence.
3. Presiding check the presence of the participants in the trial according to the summons, the Court's notice paper and check the identity of the litigants, who participated in the proceedings.
4. Presiding common rights, obligations of litigants and participants in other proceedings.
5. Presiding the trial of introducing them, the name of the person conducting the proceedings, the examiner, translator.
6. Presiding asked who has the right to ask to change the conduct of the proceedings, the examiner, translator see them there who doesn't change request.
7. Ask the witness Declaration commitment to true, if the incorrect declaration must be responsible before the law, except where the witness who is a minor.
8. request the examiner, an interpreter is committed to providing accurate assessment results, interpreting the right content need interpreters.
Article 240. Resolve the request to change the conduct of the proceedings, the examiner, who translated the event who asked to change the conduct of the proceedings, the examiner, the interpreter the Board of review to review the decision under the procedure prescribed by this law and can accept or not accept; the case is not accepted, they must clearly state the reason.
Article 241. Consideration, decided to postpone the trial when someone is absent When there are participants in the proceedings in absentia in the trial which is not the case in the Court to postpone the trial shall preside the trial to ask has anyone suggested to postpone the trial or not; If someone suggested the trial review, decided under the procedure prescribed by this law and can accept or not accept; the case is not accepted, they must clearly state the reason.
Article 242. Ensuring the objectivity of witnesses 1. Before asking witnesses about the problems that they know are related to the settlement of the case, presiding the trial could decide the necessary measures so that these people do not hear each other's testimonies or contact with the person concerned.
2. where the testimony of the litigants and the witnesses have mutual influence, then presiding the trial could decide the quarantined litigants with witnesses before questioning witnesses.
Article 243. Ask litigants about changing, supplementing, withdrawal request procedure to ask litigants about changing, supplementing, withdrawal request was started by the presiding court asked litigants on the following issues: 1. Ask the plaintiff to have change, addition, withdrawal of part or the entire request to sue or not;
2. Ask the defendant to have the change, addition, withdrawal of part or the entire request response elements or not;
3. Ask the person has rights, related obligations require the independent change, addition, withdrawal of part or whole of the requirement of independence or not.
Article 244. Consider the change, addition, withdrawal request

1. The trial to accept the changes and supplements require litigants if changing, supplementing their claim does not exceed the scope of the request, the request response elements or requirements of independence.
2. Case of litigants to withdraw part or all of their claims and the withdrawal of their request is voluntary, the trial and suspension of trial for part or all of the requirements require litigants withdrew.
Article 245. Change the status of the proceedings 1. The case of the plaintiff withdraws the entire request to sue, but the defendant remains the request response factor, the defendant became the plaintiff and the plaintiff become the defendant.
2. where the plaintiff withdraws the entire request to sue, the defendant withdrew the entire request response elements, but people have rights, obligations associated remains independent of the request, the person who has the rights, the obligations related to become plaintiff, who was initiated at the request of the independent become the defendant.
Article 246. Recognized the agreement of litigants 1. Presiding asked litigants have agreed to each other about the case or not; the case of the litigants agreed with each other about the case and their agreement is voluntary, does not violate the prohibition of the law and not contrary to social ethics, the trial decision recognized the agreement of litigants about the resolution of the case.
2. decision recognized the agreement of litigants regarding case law takes effect under the provisions of article 213 of the code.
Category 3 LITIGATION at the TRIAL Article 247. The content and method of litigation in trial 1. Litigation at the trial included the presentation of evidence, questions, responses, replies and statements of opinion, arguments about evidence, details of civil legal relations, disputes and applicable law to address the request of the litigants in the case.
2. The proceedings at the trial was conducted under the control of the presiding.
3. Presiding not limited time litigation, create conditions for those involved in litigation presents most of the comments but has the right to ask them to stop the present comments are not relevant to the civil case.
Article 248. Presentation of the litigants, who protected the legitimate rights and interests of litigants 1. The case has remained privy to his requirements and the litigants do not deal with each other about the case then the litigants presented according to the following sequence: a) the protection of the rights and legitimate interests of the plaintiff presented the request and evidence to prove plaintiff's request is legitimate and well-grounded. The plaintiff has the right to additional comments.
The case Agency held Sue case, the representative of the Agency, held a presentation about the request and evidence in order to justify the request to sue is based and legally;
b) The protection of the rights and legitimate interests of the defendant presented the opinion of the defendant against the plaintiff's requirements; response requirements, proposal of the defendant and the evidence required to prove, that proposal is based and legally. The defendant has the right to additional comments;
c) The protection of the rights and legitimate interests of the person who has the rights, obligation relates presents the opinions of people who have rights, obligations relating to the request, the request of the plaintiff, the defendant; independent requests, suggestions people have for the rights, obligations and related evidence to justify the request, proposal is based and legally. People have rights, obligations relating to have additional rights comments.
2. where the plaintiff, defendant, whose rights, obligations associated with no people to protect the rights and legitimate interests for themselves then they themselves presented the request, his proposals and evidence to justify the request, suggest that is grounded and legal.
3. At trial, litigants, who protected the legitimate rights and interests of litigants had only complementary evidence rights prescribed in paragraph 4 to article 96 of this Act to justify the request, his proposal.
Article 249. The order and the principle of questioning at the trial 1. After listening to the finished lyrics presented by litigants, who protected the legitimate rights and interests of litigants under the provisions of article 248 of this law, under the authority of the presiding, the wonder of each person is made as follows: a) the plaintiff, who protected the legitimate rights and interests of the plaintiffs ask first , next to the defendant, the protection of the rights and legitimate interests of the defendant, then the people have the rights, obligations, the protection of the rights and legitimate interests of the person who has the rights, the obligations involved;
b) participants in the proceedings;
c) presiding, people's assessors;
d) join the trial Prosecutor.
2. The question must be clear, serious, no duplication, no advantage of the question and answer in order to violate the honor, the dignity of the participants in the proceedings.
Article 250. Asked plaintiffs 1. Many cases the plaintiff must then ask each individual plaintiff.
2. Just ask the plaintiff about the problems that the protection of the rights and legitimate interests of the plaintiff, the plaintiff presented unclear, conflicting with each other or in conflict with their earlier testimony, contradict testimony presented by the defendants, who have the rights, obligations and the protection of the legitimate rights and interests of these people.
3. The plaintiff can answer or the protection of the rights and legitimate interests of the plaintiff answered instead of the plaintiff and the plaintiff then responded.
Article 251. Ask the defendant 1. Many cases the defendant must then ask each defendant.
2. Just ask the defendant about the problems that the protection of the rights and legitimate interests of the defendant, the defendant presented unclear, conflicting with each other or in conflict with their earlier testimony, contradict the request, presented by the plaintiff, the person who has the rights, obligations and the protection of the legitimate rights and interests of these people.
3. The defendant may answer yourself or the protection of the rights and legitimate interests of the defendant answered instead of the defendant and the defendant then additional replies.
Article 252. Ask people who have rights, obligations relating to 1. Several people have rights, obligations relating to ask separately one by one.
2. Just ask people who have rights, obligations are concerned about the problems that they, who protected the legitimate rights and interests of their unclear, conflicting with each other or in conflict with their earlier testimony, contradict the requirements, recommendations, testimony presented by the plaintiff, the defendant who protects the legitimate rights and interests of these people.
3. People have the rights, obligation to relate himself to answer or to protect the rights and legitimate interests of them answered on their behalf and then they reply.
Article 253. Ask witnesses 1. Before questioning the witness, the presiding must ask about the relationship between them with the litigants in the case; If witnesses are minors, the presiding can ask his father, mother, guardian or teacher, the teacher help to ask. The case has many witnesses ask separately one by one.
2. Presiding asked witnesses presented clearly the details of the case that they know; After the witnesses presented then just asked more witnesses on the point where they present unclear, incomplete or conflicting with each other, in conflict with their earlier testimony, contradict testimony presented by the litigants, who protected the legitimate rights and interests of litigants.
3. After the presentation, the witness in the back of the courtroom to be questioned further.
4. In case it is necessary to ensure the safety of witnesses and their relatives, the trial decide not to disclose information about the identity of the witness and not to those in the trial of seeing them.
5. Privy, who protected the legitimate rights and interests of litigants ask witnesses after the approval of the presiding.
Article 254. Published material, the evidence of the case 1. The Board of review published documents, the evidence of the case in the following cases: a) participants in the proceedings are not present at the trial but there was testimony in the trial preparation phase;
b) testimony of the participants in the proceedings at the trial to contradict earlier testimony;
c) In other cases that the trial found necessary or requested by the Prosecutor, litigants, who protected the legitimate rights and interests of litigants, who participated in the proceedings.
2. Special cases need to keep state secrets, preserving the customs of the peoples, keeping confidentiality, trade secrets, personal secrets, family secrets, protection of juveniles at the request of the litigants, the trial not published material, there is evidence in the case file.
Article 255. Listen to the tape recording, recording disks, see the disk, tape recording, the device contains sounds, images at the request of the litigants, who protected the legitimate rights and interests of litigants, who joined other proceedings, or when the Prosecutor deems it necessary, the Board of review to hear audio , disc recording, watching tape, disk, other equipment contains sounds, images at the trial, except in the case prescribed in clause 2 Article 254 of the code.
Article 256. Review the physical evidence physical evidence, pictures or documents confirming physical evidence was put forward for consideration at the trial.
When necessary, the Board of review can along with privy to look at possible physical evidence cannot be brought to trial.
Article 257. Ask the examiner 1. Asking the presiding judge presented his conclusion on the issue of inspections are required. When present, the examiner has the right to explain the conclusion, the base to put out the conclusion.
2. the Prosecutor, the litigants, who protected the legitimate rights and interests of litigants, who joined other proceedings in the trial have the right to comment on concluding assessment; asked what issues remain unclear or conflicting conclusions the assessment or be in conflict with the other details of the case after receiving the consent of the presiding.
3. in case the examiner was not present at the trial, the presiding announced the conclusion.

4. When the litigants, who protected the legitimate rights and interests of litigants do not agree with the conclusion was announced at the trial and require additional assessment or assessment, if it deems the additional assessment, the assessment is necessary for resolving the trial additional examiners decision inspection; in this case, the trial decided to suspend the trial as defined in Article 259 paragraph 1 d of this law.
Article 258. End the questioning at the trial when the details of the case were fully considered, the presiding Prosecutor, asked litigants, who protected the legitimate rights and interests of litigants and participants in other proceeding whether they request asked what problem does not; the case of the request and deems the request is grounded then presiding decided to continue the quest.
Article 259. Suspend the trial 1. During the trial, the trial has the right to decide to suspend the trial when one of the following bases: a) due to health status or because of unforeseen events, the objective obstacles that the person conducting the proceedings cannot continue to proceed with the trial, except to replace the person conducting the proceedings;
b) due to health status or because of unforeseen events, the objective obstacles that other participants in the proceedings may not continue to participate in the trial, except where the proceedings requested a trial in absentia;
c) need to verify, collect additional documents, evidence that if not done then can not solve the case and could not be done immediately at the trial;
d) Awaiting results of additional examiners, examiners;
DD) the unity suggested the Court suspended the trial to them mediation;
e) should report the Chief Justice Court to suggest additional amendments or repeal of the legal text as defined in article 221 of the code.
2. The suspension of trial must be recorded in the minutes of the trial. The pause period the trial is no more than 12 months from the date of trial decided to suspend the trial. This time limit runs out, if reasons to stop the trial no longer then the trial continued to conduct the trial; If the reason to stop the trial has not yet been overcome, the trial decision to temporarily suspend the case. The Board of review must be notified in writing to the participants in the proceedings and the Procuratorate at the same level in terms of time to continue the trial.
Article 260. The sequence of statements as argument 1. After the end of the question, the trial transferred to part at the trial. The order of statements when the debate is done as follows: a) the protection of the rights and legitimate interests of the plaintiff presented. The plaintiff has the right to additional comments. The case Agency, the organization claims, the agency representative, hosted the presentation of comments. People have legitimate rights and interests be protected have additional rights comments;
b) The protection of the rights and legitimate interests of the defendant's argument, for answers. The defendant has the right to additional comments;
c) The protection of the rights and legitimate interests of the person who has the rights, obligation to relate the presentation. People have rights, obligations relating to have additional rights comments;
d) litigants responses under the control of the presiding;
DD) When it deems necessary, the Board of review may require litigants to argue about specific problems to make the base of the case.
2. where the plaintiff, defendant, whose rights, obligations related not people protecting the legitimate rights and interests, they presented themselves when the debate.
3. in case of absence of one of the litigants and participants in other proceedings, the presiding must announce their testimony on the basis that litigants are present at the discussion and for answers.
Article 261. Speaking when debating and responses When speaking about evidence, recommending his views on solving the case, participants must debate based on the documents, evidence was collected and was considering, check at the trial as well as the results of the questioning at the trial. Debate participants have the right to respond to the comments of others.
Article 262. Speaking of the Prosecutor after the participants in the proceedings and debate speech for response, the Prosecutor stated opinion about obey the law judge's proceedings, trial, trial Secretary and of the participants in the proceedings in the course of the case since accepting until prior to the time of trial and deliberation expression of opinion about the case.
Shortly after the end of the trial, the Prosecutor must submit a written statements of opinion for the Court to save into the case file.
Article 263. Back to the question and debate over the debate, if found to have details of the case have yet to be reviewed, the review has not yet been fully or to consider more evidence then the trial decided to return to the question and debate.
Item 4 of DELIBERATION and SENTENCED 264 Articles. Deliberation 1. After the end of the debate, part of trial into deliberation to deliberation.
2. only the members of the Board of review have permissions. When the deliberation, members of the Board of review must be based on documented evidence was reviewed at the trial, the outcome of litigation at the trial, the rule of law, if the case in the case specified in clause 2 4 of this Act shall have to base on Customs Similarly, the law, the basic principles of civil law, or perhaps, to solve all the problems of the case by voting by a majority of each issue. The people's assessors voted before, presiding judge voting following along. The minority opinions have the right to present their opinions in writing and be put into the case file.
3. When deliberation to have the minutes record the comments were discussed and decided by the Board of review. Minutes of deliberation must be members of the Board of review in sign of deliberation before sentencing.
4. where the case has many complex details, the deliberation requires long time then the trial could decide the time of deliberation but no more than 5 working days, since the end of the debate at the trial.
The trial must inform those present at the trial and the proceedings in absentia in the trial about the hour, date and place of conviction. Case of trial made the announcement that there are participants in the proceedings are absent on the day, hour and place of sentencing, the trial still conducted the sentencing under the provisions in article 267 of this code.
Article 265. Back to the question and debate Through deliberation, if found to have details of the case have yet to be reviewed, the question is not yet fully or to consider more evidence then the trial decided to return to the question and debate.
Article 266. The judgment of first instance 1. The Court judgment in the name of Socialist Republic of Vietnam.
2. The verdict included the opening section, the content of the case and the judgment and the decision of the Court, namely: a) In the preamble must specify name of court hearing at first instance; and on the case; of the judgment and the date; they, the names of the members of the Board of review, the Secretary of the Court, the Procurator, the examiner, translator; name, address of the plaintiff, the defendant, who has the rights, obligation, agencies, organizations or individuals to sue; the legal representative, who protected the legitimate rights and interests of litigants; the object of dispute; numbers, days, months, years of the decision to take the case to trial; a public hearing or trial sealed; the time and place of the trial;
b) in the case of content and review by the Court must request the petitioner of the plaintiffs, asked the Agency's events, organizations and individuals; response requirements, proposal of the defendant; independent requirements, the proposal of who has rights, the obligation concerned.
The Court is based on the documents, the evidence was reviewed at the trial, the outcome of litigation at the trial to analyze, evaluate, complete, impartial about the details of the case, the legal bases, if the case in the case specified in clause 2 4 of this Act shall have to base on Customs Similarly, the law, the basic principles of civil law, or perhaps, to accept or not accept the requirement, proposed by the litigants, who protected the legitimate rights and interests of litigants and settle other issues concerned;
c) in the decision must specify the grounds of the law, the decision of the Board of review on each issue must be resolved in the case, on the application of provisional measures, the court fees, the costs of the proceedings and the right to appeal against the judgment; the case has decided to enforce the right must clearly decide that.
3. When the trial of the case in which the judgment or decision has been cancelled in part or in whole according to the decision of cassation instance court then re must solve the problem of property, obligations have been executed (if available) according to the judgment, the decision has the effect of law but is cancelled and clearly in the judgment.
Article 267. Sentencing trial declared read the verdict in the presence of the litigant, representative agencies, organizations and individuals to sue. Cases of litigants are present at the trial but was absent when sentencing or absent in the cases prescribed in paragraph 4 to article 264 of this code, the trial declared read the verdict.
When sentenced, everyone in the courtroom to stand up, except in special cases, the consent of the presiding. Presiding or another Member of the Board of review declares read the verdict and can explain more about the enforcement of the judgment and the right to appeal.
Case closed-court hearing as defined in paragraph 2 of article 15 of this law, the trial only to declare publicly the preamble and the decisions of the judgment.
Cases of litigants need translator, the translator must translate it back for them to hear the entire judgment or the preamble and the decisions of the judgment be declared publicly.
Article 268. Repairs, supplements the judgment 1. After the pronouncement of the judgment are not corrected, supplemented the verdict, except in cases of obvious error detection on spelling, about data by mistake or wrong calculations.

2. in case of needed repairs, supplements the judgment prescribed in paragraph 1 of this article, the judge in collaboration with the people's assessors is member of the Board of review has the judgment that must make decisions for repair, replenish the judgment and sent immediately for litigants, agency, organization , personal initiations, the Procuratorate at the same level and civil enforcement agencies if the judgment was sent to the enforcement agencies.
The case was judge hearing the case that no longer assignment judge in the Court judgment, the Chief Justice of the Court to make the repairs, supplements the judgment.
Article 269. Granted judgment excerpts; Affairs, delivered the judgment 1. Within 3 working days from the date of the end of the trial, litigants, agency, organization, individual claims to be a superior court judgment excerpts.
2. within 10 days from the date of pronouncement of the judgment, the Court must be delivered or delivered the judgment for the litigants, agencies, organizations or individuals to sue and the Procuratorate at the same level.
3. The judgment of the first instance in effect the law of the Court in resolving civil and consumer rights protection due to the social organizations involved consumer protection claims must be listed at the courthouse and announced publicly on one of the daily newspapers of Central or local in three consecutive numbers.
The judgment at first instance in effect the law of the Court concerning the liability of the State-level court of first instance must be submitted for State administration authority on State compensation.
The judgment at first instance in effect the law of the court having regard to the change of Registrar of the individual must be informed of the first instance court in writing accompanied by excerpts of judgment for the people's Committee in the place of the Registrar registered that individual under the provisions of the law Registrar.
Listing duration, publication, send a notification, the provisions in this paragraph is 10 working days from the date of the judgment in force law.
4. The judgment of the first instance of legal effect of the Court are published on the electronic portal of the Court (if any), except for the verdict, the decision of the Court contains the information specified in paragraph 2 to article 109 of this Act.
The third part of the PROCEDURES for RESOLVING in COURT of APPEAL Chapter XV to the NATURE of the APPEAL and the APPEAL, the APPEAL the VERDICT, the DECISION of the COURT of FIRST INSTANCE Article 270. The nature of the appellate hearing of appeal is the Court of Appeal direct the trial of the case in which the judgment or decision of the Court of first instance is not yet in force the law was appealed, the appeal.
Article 271. People have the right to appeal the Privy, the legal representative of the litigants, agencies, organizations and individuals to sue to have the right to appeal the judgment at first instance, the decision to temporarily suspend resolve civil cases, the decision to suspend the case of first instance court to ask the Court of appeal addressed by the appellate procedure.
Article 272. Appeal 1. When done right, the appeal must make an appeal. An appeal to have the following content: a) the day, month and year of making an appeal;
b Name, address); phone number, fax, e-mail address (if any) of the appeal;
c) appeal in whole or in part of the verdict, the decision of the Court of first instance is not yet in force law;
d) the reason for the appeal and the requests of the appellant;
DD) signature or just point of the appeal.
2. the appellants as individuals have full capacity for civil acts can make an appeal. In the item name, the address of the appellant in the application must write them, name, address; phone number, fax, e-mail address (if any) of the appeal. At the end of the appeal, the appellant must sign or point only.
3. The appeals prescribed in clause 2 of this if not the appeal yourself, you can authorize another person representing themselves appeal. In the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative of the appellant, the Appeal Commission's rights of appeal; phone number, fax, e-mail address (if any) of the person who authorized the appeal the appeal and power of Attorney documents. In the final appeal, the authorized representative must sign or point only.
4. the legal representative of the litigants, the organization can make an appeal. In the item name, the address of the appellant in the application to record the name, address; phone number, fax, e-mail address (if any) of the litigants is the Agency Organization; they, the name, the position of the legal representative of the Agency, is held. In the final appeal, the legal representative must sign and seal of the Agency, that organization, the business case to appeal, then the use of the seal in accordance with the corporate law.
Case of legal representative of the Agency, held delegated to others the appeal in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative, of the litigants is the agency authorized organization; phone number, fax, e-mail address (if any) of the litigants is the agency authorized organization; they, the name, the position of the legal representative of the litigants is the Agency, that organization and the authorized texts. In the final appeal, the authorized representative must sign or point only.
5. legal representative of litigants are juveniles, who lost the capacity for civil acts can make an appeal. In the item name, the address of the appellant in the application must write to them, the name and address of the representative under the law; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts. In the final appeal, the legal representative must sign or point only.
Case of legal representative of the other for the person authorized to represent himself, then appeal in the item name, the address of the appellant in the application must write to them, the name and address of the authorized representative and authorized text; they, the name, the address of the legal representative of the authority; they, the name, address of the litigants are juveniles, who lost the capacity for civil acts. In the final appeal, the authorized representative must sign or point only.
6. The authorization provided for in the paragraph 3, 4 and 5 this must be made in writing to have certified, certified, unless otherwise authorized documents that are created at the Court in the presence of judge or who was Chief Justice of the court assigned. In the proxy text must have equivalent content authorization for authorized representative the appeal judgement, decided to temporarily suspend, suspension of the case by the Court of first instance.
7. An appeal must be submitted to the Court of first instance gave judgment, the decision of the first instance was appealed. The case of an appeal submitted to the Court of appeal, then the Court must transfer to the Court of first instance in order to conduct the necessary procedures prescribed by this law.
8. the attached appeal, appellants must submit documentation, additional evidence (if any) to prove his appeal is well-grounded and lawful.
Article 273. The time limit for appeal 1. The time limit for appeal against the judgment of the Court of first instance of 15 days, from the date of pronouncement of the judgment; for the litigant, representative bodies, organizations or individuals to sue was not present at the trial, or not present at the sentencing that have legitimate reasons for the appeal period is calculated from the date they receive the judgment or judgments are listed.
For litigants, representative bodies, organizations or individuals to sue had participated in the trial but was absent when the Court sentenced without good reason, the time limit for appeal is calculated from the date of pronouncement of the judgment.
2. The time limit for appeal against the decision to temporarily suspend, suspension of the case by the Court of first instance level is 7 days from the day the litigants, agency, organization, individual petitioner receives the decision or from the date of the decision to be listed under the provisions of this law.
3. where the appeal is sent through the postal service, then on appeal to be determined based on the postal services where organizations submit sealed in the envelope. The case the appeals are under detention then on appeal is an appeal on jail warden was confirmed.
Article 274. Check your appeal 1. After receiving the appeal, the Court of first instance must check the validity of an appeal in accordance with Article 272 of the code.
2. where an appeal expired, the Court of first instance requested the appeal presented clearly the reasons and the present document, the evidence (if any) to prove the reason for filing the appeal expired is plausible.
3. where an appeal has not yet properly defined in article 272 of the code, the Court of first instance level required the appellant to do again or modified, additional appeal.
4. return the Court of appeal in the following cases: a) the appellant has no right of appeal;
b) appellants not redo an appeal or not, adding an appeal at the request of the Court specified in paragraph 3 of this article.
c) specified in paragraph 2 to article 276 of the Penal Code.
Article 275. The appeal expired and to review the appeal expired 1. Appeal too the time limit specified in article 273 of this code is to appeal expired. After receiving an appeal expired, the Court of first instance must send an appeal, the appellant's statement of reasons for the appeal and the documents and evidence (if any) to the Court of appeal.
2. within 10 days from the date of the appeal and the documents, evidence, the Court of appeal established the Council of three judges to consider the appeal expired. The session reviewed the appeal expired must have the participation of representatives of the Institute at the same level and the Prosecutor to appeal expired. The case of the appellant, the absence of the Prosecutor, the Court still conducting the session.

3. Based on the documentation and evidence relevant to the appeal expired, the opinion of the appeal expired, the Procuracy representative at the session, the Board of appeal expired decided by majority of accepting or not accepting the appeal expired and must specify the reasons for the acceptance or non-acceptance of the decision. The Court of appeal must send the decision to the appeal expired, the first instance court and the Procuratorate at the same level; If the Court of Appeal accepted the appeal expired, the Court of first instance must proceed with the procedure prescribed by this law.
Article 276. Advance notice of appeal court fees 1. After the acceptance of a valid appeal, the Court of first instance must notify the appellant to advance their appellate court fees as prescribed by the law, if they are not in the case of exempt or not an advance payment of court fees.
2. within 10 days from the date of the notice of the Court regarding an advance payment of court fees appeal, appellants must submit advance payment of court fees and filed appeals to the Court of first instance issued receipts advance appellate court fees. Expiry of this that the appellant is not an advance payment of court fees, the appeal is deemed abandoned the appeal, unless there is good reason.
The case after the expiry of 10 days from the date of the notice of the Court regarding an advance payment of court fees, the new appeal of appeal submitted to the Court in advance receipts appellate court fees without stating reasons, the Court of first instance requested the appeal within 3 working days from the date the request was received by the Court to have the text presents the reason for delay filed receipts advance court fee appeal submitted to the Court of first instance to take on the case file. This case is handled under the procedure of consideration of appeals expired.
Article 277. Notice of appeal 1. After the acceptance of a valid appeal, the Court of first instance must immediately notify in writing to the Procuratorate at the same level and the relevant litigants to appeal about the appeal accompanied by a copy of an appeal, the additional evidence, documents that the appellant submit an appeal.
2. the relevant litigants to appeal the notice of appeal has the right to send the text stated their opinion about the content of the appeal to the Court of appeal. The text stated that their comments are put on the case file.
Article 278. The protest of the Prosecutor Prosecutor's Minister the same level and the superior has the right to appeal the judgment at first instance, the decision to temporarily suspend resolve civil cases, the decision to suspend the case of first instance court to ask the Court of appeal addressed by the appellate procedure.
Article 279. Decision the appeal of the Prosecutor 1. Decision the appeal of the Procurator must, in writing and have the following major contents: a) the day, month, year of decision appeal and the number of Appeals decision;
b) name of the Procuratorate decision protest;
c) protest the whole or part of the judgment, the decision of the Court of first instance is not yet in force law;
d) the reason for the appeal and the request of the Procurator;
DD) them, the name of the person who signed the appeal decision and the seal of the Procurator protest decision.
2. decision the appeal must be sent immediately to the Court of first instance has issued judgments of first instance decisions were appealed to the Court of first instance conducted the procedure prescribed by this law and submit the case file to the Court of appeal under the provisions of article 283 of the code.
3. Enclose the Appeals decision is documented, additional evidence (if any) to demonstrate to the protest of the Prosecutor is based and legally.
Article 280. The time limit for appeal 1. The time limit for appeal against the judgment of the Court of first instance of the Procuratorate at the same level is 15, by Institute of the superior prosecutor is May 1st, from the date of pronouncement of the judgment. Case Prosecutor did not participate in the trial, the time limit for appeal from the Procuracy on the same level receive judgment.
2. The time limit for appeal of the Procuratorate at the same level as for the decision to temporarily suspend the decision to suspend the case of first instance court is 10 days, of the superior Procuratorate directly is 10 days from the day the Procuratorate at the same level receive the decision.
3. When the Court received the appeal decision of the Procuracy which decided that the protest was too time limits prescribed in clause 1 and clause 2 of this Article, the Court of first instance requesting Procuratorate explained in writing and stating the reason.
Article 281. Notice of appeal 1. Procurator protest decision to send immediately decided to appeal to the relevant litigants to appeal.
2. Who was informed of the protest have the right to submit documents stated his opinion about the content of the appeal to the Court of appeal. The text stated that their comments are put on the case file.
Article 282. As a result of the appeal, the appeal 1. The judgment at first instance, the decision of the Court of first instance or the Court of first instance, the decision of the Court of first instance was appealed, the appeal has not been brought to enforce, except in cases specified by law for the enforcement of the right.
2. The judgment of first instance, the decision of the Court of first instance or the Court of first instance, the decision of the Court of first instance cannot be appealed, the appeal under the procedure of appeal, the legal effect from the date of expiry of the appeal or protest.
Article 283. Send the case file and the appeal, the appeal court of first instance must send the case file, the appeal, the appeal decision and the documentation, additional evidence attached to the Court of appeal within 10 working days from the date: 1. the expiry of the appeal;
2. Expiry of the appeal, the appeal was remitted to the first instance court receipts advance appellate court fees.
Article 284. Change, add, withdraw appeal, appeal 1. Yet circumstances the time limit for appeal under the provisions of article 273 of the code of the person who had the appeal has the right to change, complement the appeal without being limited by the scope of the initial appeal.
Yet circumstances the time limit for appeal under the provisions of article 280 of the code of the Procuracy has the appeal has the right to change, complement the protest without being limited by the scope of the original protest.
2. Before the start of the trial or at the Court of appeal, the appellant has the right to change, complement the appeal, the Procurator has the appeal has the right to change, Supplement, but do not exceed the scope of the appeal, the appeal originally, if the time limit for the appeal, the appeal has expired.
3. Before the start of the trial or at the Court of appeal, the appellants have the right to withdraw the appeal, the Procurator has the protest or procurator supervisor has the right to withdraw the protest.
The Court of appeal suspended the appellate section of the case which the appellant withdrew the appeal or the Procuracy withdrew the protest.
The suspension before the appellate court because the presiding judge decided, at the trial because the trial decision.
4. Changing, supplementing, withdrawal of the appeal, the appeal before the Court must be made in writing and sent to the Court of appeal. The Court of appeal must notify the litigant about changing, supplementing, withdrawal of the appeal, the appeal, notify the Procuratorate at the same level of changing, supplementing, withdrawal of the appeal.
Changing, supplementing, withdrawal of the appeal, the appeal in the trial must be recorded in the minutes of the trial.
Chapter XVI PREPARE APPELLATE 285 Articles. The case to appeal 1. Shortly after receiving the case file, the appeal, the appeal and the documents, evidence, the Court of appeal is to the window handle.
Within 3 working days from the date of the case, the Court must be notified in writing to the Privy, agencies, organizations or individuals to sue and the Procuratorate at the same level on the court case and the notice on the electronic portal of the Court (if any).
2. the Chief Justice of the Court of appeal established the Council of appellate and assigned a judge presided at the trial.
Article 286. The time limit for pretrial preparation of appeal 1. Within a period of 12 months from the date of the case, custom case, the Court of appeal out one of the following decisions: a) Temporarily suspend the appellate case;
b) suspend the appellate case;
c) Brought the case to appeal.
For the case of complex nature or because of unforeseen events, the objective obstacles, the Chief Justice of the Court of appeal may decide to prolong the time limit for pretrial preparation, but not too may 1st.
2. Within a period of 12 months from the date of the decision to put the case to the trial court to open trial of appeal; where there is good reason, then this term is 12 months.
3. The case has decided to temporarily suspend the appellate case, the time limit for the preparation of appeals to be recalculated from the date of the decision to keep the case of the Court of law.
4. The time limit stipulated in this Article do not apply to the case of appeals under the shortened procedure, the case has foreign elements.
Article 287. Provide documents and evidence in the stage of preparation of appeals 1. Litigants are entitled to additional documentation, the following evidence in the stage of preparation of appeals judges: a) documents and evidence which the Court of first instance have requests but does not provide litigants, hand was because there are justifiable reasons;
b) documents and evidence which the Court of first instance did not require Privy Affairs filed or litigants could not know was in the process of resolving the incident according to the procedure of first instance.
2. procedure to deliver the documents and evidence are made according to the provisions of article 96 of this code.
Article 288. Temporarily suspend the appellate case 1. The case the Court of appeal decision to temporarily suspend the appellate case, the consequences of the suspension of appeals and further appeals are made according to the provisions in articles 214, 215 and 216 of this law.

2. The decision to temporarily suspend the appellate case of effect execution immediately and sent immediately for litigants, agencies, organizations or individuals to sue, the Procuratorate at the same level.
Article 289. Suspend the appellate case 1. The Court of appeal decision to suspend the appellate case or part of the case in the following cases: a) of cases specified in point a and point b paragraph 1 to article 217 of the code;
b) appellants withdrew the entire appeal or Procuratorate to withdraw the entire protest;
c) appellants withdrew appeal part or the Procuratorate to withdraw a part of protest;
d) other circumstances as stipulated by law.
2. where the appeal to withdraw the entire appeal or Procuratorate to withdraw the entire appeal before the Court of appeal decision to take the case to the appellate judges be assigned to preside the trial decision appeals suspension; the case of the appellant withdrew the entire appeals court, Procuracy withdrew the entire appeal after the Court of appeal decision to take the case to the Board of appeals appellate decision appellate suspension.
In this case, the judgment of the first instance decision, the effect of the law on the Court of appeal from the decision to suspend the appellate trial.
3. The case of the appellant to withdraw an appeal section or the Procuratorate to withdraw a portion of appeal the Council of appeal the appellant withdrew the appeal in part, the Procuratorate to withdraw a part of protest and decided to suspend the hearing of the appeal, part of the appeal that the judgment in appeal.
4. Decides to suspend the appellate case have effect immediately and must be sent immediately to the Privy, personal organization, agency, Procurator at the same level.
Article 290. The decision to take the case to appeal 1. The decision to bring the case to the appeals judges must have the following major contents: a) The content of the provisions in points a, b, c, d, g, h and i of paragraph 1 to article 220 of this law;
b), last name, judge, court clerk; they judge disabled project name (if available);
c), last name, participation in the proceedings of the appeal;
d) Procurator protest (if available);
DD), last name, taking the trial Prosecutor; they, the Prosecutor name membership (if any).
2. Decides to take the case to appeal must be submitted to the Privy, the Procuratorate at the same level within 10 working days from the date of the decision.
Article 291. The decision to apply, change, cancellation of provisional measures within the time limit for pretrial preparation of appeal, the Court of appeal has the power to apply, change, cancel the provisional measures prescribed in Chapter VIII of this law.
Article 292. Turn the case file to the Prosecutor's Research Institute 1. The Court of appeal to move the case file, together with the decision to take the case to trial to the Procuratorate at the same level of research.
2. The time limit for the research profile of the Procurator at the same level is 15 days from the receipt of the case file; that deadline expired, the Procuracy is charged the case file to the Court.
Chapter XVII APPELLATE PROCEDURES 1 PROCEDURE STARTS the TRIAL of APPEAL Article 293. The scope of appellate court of appeal review only parts of the judgment at first instance, the decision of the Court of first instance of appeal, protest or relevant to the consideration of the content of the appeal or protest.
Article 294. Participants in the trial of appeal 1. Appellants, Privy, agencies, organizations, individuals related to the resolution of the appeal, the appeal and the person who protected the legitimate rights and interests of litigants must be summoned to join the trial. The Court may summon the participants in the proceedings to the trial if it deems necessary for the resolution of the appeal or protest.
2. Procurator Procurator at the same level joins the appellate trial.
Article 295. Suspension, suspension appeals judges at the trial in the Court of appeal, the suspension, the suspension of the appellate case was made according to the provisions of article 288 and 289 of the code.
Article 296. Postponed the trial of appeal 1. Prosecutor was assigned appellate trial absent the trial still conducted trial, not to postpone the trial, except in cases of Procurator protest appeal.
2. The appellant, who did not appeal but benefits, obligations relating to the appeal, protest, who protected the legitimate rights and interests are duly convened Court of first order in which absence it must postpone the trial. The case they have recommended for trial in absentia, the court conducting the trial of appeal to trial in absentia.
3. The appeal was duly summoned to court for the second time that absence being considered abandoned the appeal and the Court of appeals to suspend the request for appeal of that person, unless the person that suggested a trial in absentia, the court conducting the trial of appeal to trial in absentia.
Case of appellant absent because of unforeseen events or objective obstacles to delay the trial.
The case has many appeals, of which the appellant was duly convened Court last Monday that absent but there is no single recommended trial absent then regarded as people abandoned the Appeals Court and take the case to trial. In part the decision of the judgment, the Court of appeals suspension for the appeal of the appellant absent.
Who do not appeal but benefits, obligations relating to the appeal, the appeal and the participants in the proceedings have been duly convened Court a second time and still absent, the Court conducted a trial of the case.
4. The deadline postponed the trial and decided to postpone the trial of appeal made under the provisions in article 233 of this Act.
Article 297. Prepare the opening of the trial and appeal procedure appeals court session to prepare the opening of the trial of appeal procedure and start the trial of appeal be made according to the provisions in articles 237, 239, 240, 241 and 242 of this Act.
Article 298. Asked about the appeal, protest and handle changing appeal, protest at the 1. After the end of the procedure begins the trial of appeal then a member of the Board of appeals judges announced the content of the case, the decision of the Court of first instance and appeal, protest contents.
2. Presiding asked about the following issues: a) Asked the plaintiff has withdrawn the petition or not;
b) asked the Prosecutor had appealed, change, addition, withdrawal of the appeal or protest or not;
c) Ask the litigants had agreed with each other about the case or not.
3. in case the appellant withdrew the appeal in part, the Procuratorate to withdraw a portion of Appeal Court accepted the withdrawal of the appeal or protest. The case of the appeal, the Procurator of new additional content beyond the scope of the appeal, the appeal court did not originally consider content.
Article 299. The plaintiff withdrew the petition before the Court or in the Court of appeals 1. Before the opening of the trial or at the Court of appeal, if the plaintiff withdrew the petition, the Appeals Board must ask the defendant agree or not and customize each case that resolved as follows: a) the defendant does not agree then do not accept the withdrawal of the petition of the plaintiff;
b) defendant agree to accept the withdrawal of the petition of the plaintiff. The Board of Appeals decision to cancel the judgment of the first instance and to suspend the case. In this case, litigants must still bear court fees of first instance by decision of the Court of first instance and to bear half the appellate court fees as prescribed by the law.
2. in case the Board of Appeals decision settling the case as defined in point b of paragraph 1 of this article, the plaintiff has the right to sue the case according to the procedure prescribed by this law.
Article 300. Recognized the agreement of the litigants in the Court of appeals 1. In the appellate court, if the litigants agreed to be together on the resolution of the case and their agreement is voluntary, does not violate the prohibition of the law and not contrary to social ethics, the Board of appeal judgments appeal judgments of first instance page, recognized the agreement of the litigants.
2. The self litigants agreed with each other on the subject of the first instance court fees, if no agreement is then the Court decides in accordance with the law.
Section 2 LITIGATION in the APPELLATE TRIAL Article 301. The content and method of litigation at the trial and appellate litigation at the trial method of appeal is made according to the provisions of article 247 of the code.
Article 302. Presentation of the litigants, the Prosecutor in the trial of appeal cases, litigants still holds appeal, the Procurator still hold protest, the presentation at the appellate trial be conducted as follows: 1. The presentation of the appeal, the appeal: a) the protection of the rights and legitimate interests of the appellants presented the contents of the appeal the base of the appeal. Appellants have the right to additional comments.
The case of all litigants are the appeal then the presentation is done in order to protect the rights and legitimate interests of the plaintiff's appeal and the plaintiff; the protection of the rights and legitimate interests of the defendant's appeal and the defendant; the protection of the legitimate rights and interests of the people have rights, obligations relating to appeal and who has the rights, the obligations involved;
b) where only the Procurator protest, the Prosecutor presented the content of protest, grounds of the appeal. The case is appealed, the appeal then the litigants presented about the content of the appeal and the grounds of appeal before, then the Prosecutor presented about the content of the appeal and the grounds of the appeal;
c) where litigants without protecting the rights and legitimate interests for themselves then they themselves presented comments on the content of his proposal and appeal.
2. The protection of the rights and legitimate interests of other litigants are relevant to the appeal, the appeal presented comments on the content of the appeal or protest. Litigants have the right to additional comments.
3. At the appellate trial, litigants, the Prosecutor has the right to present additional documents and evidence.

Article 303. Procedure for questioning and announced the document, evidence, review the physical evidence at the trial of appeal 1. The procedure to ask the participants in the proceedings and publication of documents and evidence, review the physical evidence specified in article 287 of the Penal Code at the sessions Court of appeal be made as at the trial.
2. The question was made with respect to the issues in the appeals range specified in article 293 of the code.
Article 304. Pause Pause The appellate court of appeal made under the provisions of article 259 of the code.
Article 305. At the trial of appeal 1. In the appellate court, the litigants, who protected the legitimate rights and interests of litigants are only debating the issues in appeal and scope have been asked at the appellate trial.
2. The order of arguments for the appeal are as follows: a) the protection of the rights and legitimate interests of the appellants presented. Appellants have the right to additional comments;
b) Who protect the legitimate rights and interests of litigants to argue, for answers. Litigants have the right to additional comments;
c) When it deems necessary, the Board of review may require litigants to argue about specific problems to make the base of the case.
3. The order of arguments for the appeal are as follows: a) the protection of the legitimate rights and interests of litigants about the legality, which grounds of protest. Litigants have the right to additional comments;
b) Prosecutor stated opinions about the issues that people protect the legitimate rights and interests of litigants, litigants have stated.
4. where the litigants do not have people protecting the legitimate rights and interests of his or her self, they argue.
5. in case of absence of one of the litigants and participants in other proceedings, the presiding must announce their testimony on the basis that litigants are present at the discussion and for answers.
Article 306. Speaking of the Prosecutor at the Court of appeal after the end of the debate and responses, the Prosecutor stated opinion of the Procurator of the obey the law in the process of resolving civil cases at the appellate stage.
Shortly after the end of the trial, the Prosecutor must submit a written statements of opinion for the Court to save into the case file.
Article 307. Deliberation and pronouncement of judgment The deliberation, back to the question and debate, deliberation, time, fix, additional appellate judgments are made as to the procedure of first instance trial.
Article 308. The authority of the Council of appeal the Council of appeal have the following rights: 1. Hold the judgment at first instance;
2. Edit the judgment at first instance;
3. Cancel the judgment at first instance, destroying a portion of the judgment of the first instance and move the case file to the Court of first instance resolving case according to the procedure of first instance;
4. To cancel the judgment of the first instance and to the suspension of the case;
5. Suspend the appellate;
6. Temporary suspension of the resolution of the case when the text of the Chief Justice of the Supreme People's court petition the competent State agencies consider alteration, addition or repeal legal text signs contrary to the Constitution, laws, resolutions of the National Assembly, ordinances resolutions of the Standing Committee of the National Assembly, the legal text of the superior state agencies until the competent State agencies have written to answer the Court the result handle.
Article 309. Edit the judgment of first instance trial appeal this page in part or in whole the judgment of first instance if the Court of first instance decided incorrectly law in the following cases: 1. The collection of evidence and proof has been made in full and in accordance with the provisions of Chapter VII of this law;
2. The collection of evidence and proof has not yet been fully implemented at the level of first instance but at the appellate court was added in full.
Article 310. To cancel the judgment of the first instance, to cancel a portion of the judgment at first instance and move the case file to the Court of first instance resolving case according to the procedure of first instance trial appeal to cancel the judgment of the first instance, to cancel a portion of the judgment at first instance and move the case file to the Court of first instance resolving case according to the procedure of first instance when in one of the fields combine the following: 1. The collection of evidence and the proof is not in accordance with the provisions of Chapter VII of this law or not yet fully realized that at the Court of appeal could not be done;
2. The composition of the trial of first instance did not properly regulated by this law or other serious violation of the proceedings affect the legitimate rights and interests of litigants.
Article 311. To cancel the judgment of the first instance and suspension of resolving appeals Council cancelled the verdict of first instance and the suspension of the case if in the process of resolving in a superior court of first instance, the case in one of the cases specified in article 217, paragraph 1 point b Article 299 of the Penal Code.
Article 312. Suspension Board of appeals appellate appeals suspension and remain on the judgment of first instance when one of the following cases: 1. According to the provisions in paragraph 2 of this law 289;
2. The appeal was duly summoned for the second time that the absence of prescribed in paragraph 3 Article 296 of the code, except for the case someone else appeals, Procurator protest.
Article 313. The appellate judgment 1. The Board of review appeal judgments appeal on behalf of the Socialist Republic of Vietnam.
2. appellate judgments include: a) preamble;
b) the content of the case, appeal, appeal and review;
c) portion of the decision.
3. in the opening section should specify the name of the Court of appeals; and on the case; of the judgment and the date; they, the names of the members of the Board of review, the Secretary of the Court, the Procurator, the examiner, translator; name, address of the plaintiff, the defendant, who has the rights, obligation, agencies, organizations or individuals to sue; the legal representative, the protection of the rights and legitimate interests; the Appeals Court, Procuracy protested; a public hearing or trial sealed; the time and location of the trial.
4. in the content section of the case, appeal, appeal and review should summarize the content of the case, the decision of the Court of first instance; the content of the appeal or protest.
The Court is based on the documents, the evidence was reviewed at the trial, the outcome of litigation at the trial to analyze, evaluate, review on appeal, protest, the details of the case, the settlement, the trial of the first instance court, the legal base which the Court applied If the case in the case specified in clause 2 4 of this Act shall have to base on customs, the same law, the basic principles of civil law, or perhaps, to accept or not to accept the appeal, the appeal and solve other problems concerned.
In part the decision must specify the grounds of the law, the decision of the Board of review on each issue must be resolved in the case, on the application of provisional measures, the court fee at first instance, appellate, litigation costs (if any).
5. When the trial of the case in which the judgment or decision has been cancelled in part or in whole according to the decision of cassation instance court then re must solve the problem of property, obligations have been executed (if available) according to the judgment, the decision has the effect of law but is cancelled and clearly in the judgment.
6. the appellate judgment in force the law from the date of pronouncement of the judgment.
Article 314. The procedure of appeal against the decision of the Court of first instance was appealed, the appeal 1. When the appeal against the decision of the Court of first instance was appealed, the appeal, the Board of appeal did not have to open the trial, not summoned the litigants, except the need to listen to their opinions before making a decision.
2. Within a period of 12 months from the date of the case decided by the Court of first instance was appealed, the appeal, the Court of appeal session open to consider that decision; where there is good reason, then this term is 12 months. Prosecutor Procurator at the same level joins the session. The absence of the Prosecutor, the Court still conducting the session, unless the Procuracy protested.
3. A member of the Board of appeal presented a summary of the content of the first instance decision was appealed, the appeal, the contents of the appeal, the appeal and the documents, and evidence (if any).
4. the Prosecutor stated opinion of the Procurator of the resolution of the appeal, the appeal before the Board of appeal decisions.
5. When reviewing the decision of the Court of first instance was appealed, the appeal, the Board of appeal has the right to: a) hold the decision of the Court of first instance;
b) page decision of the Court of first instance;
c) Cancelled the decision of the first instance court and transfer the case to the first instance court to continue the case.
6. the appellate decision has the force of law from the date of the decision.
Article 315. Send the judgment, the appellate decision 1. Within 15 days from the date of the judgment, the appellate decision, the Court of appeal must send the judgment, decided to appeal to the Court was hearing appeals, Procurator at the same level, the enforcement agencies have jurisdiction, the appellant, whose rights, obligations related to the appeal protest or their legal representative.
The case of the people's Court of appeals level, then this term can longer, but no more than 25 days.
2. The judgment, the appellate decision relevant to the protection of the rights of consumers by the social organizations involved consumer protection claims must be listed at the courthouse and announced publicly on one of the daily newspapers of Central or local in three consecutive numbers.
The judgment of the appellate decision is related to the liability of the State Court of appeal must be sent to the State administration authority on State compensation.
The judgment of the appellate decision is related to the change of the individual Registrar within 5 working days from the date of the judgment, that decision has the force of law must be the Court of appeal notice in writing accompanied by excerpts of judgment, decide for the people's Committee in the place of the Registrar registered that individual under the provisions of the law on households the President.

3. Judgement of Appeal Court of appeal are published on the electronic portal of the Court (if any), except in cases containing information prescribed in clause 2 Article 109 of this Act.
The fourth part SOLVED CIVIL CASE UNDER the SHORTENED PROCEDURE Chapter XVIII RESOLVING CIVIL CASES UNDER the SHORTENED PROCEDURE in COURTS of FIRST INSTANCE Article 316. The scope of application of the shortened procedure 1. The procedure is simplified proceedings are applied to solve civil cases are eligible under the provisions of this law with the simple process compared with the procedure for resolving civil cases typically aims to resolve the case quickly but still ensure lawful.
2. The provisions of this section are applicable to the case under the shortened procedure; the absence of regulations shall apply the provisions of this law to solve the case.
3. in case of other law regulations of civil disputes are resolved according to the abridged procedure of dispute resolution are performed according to the procedures specified in this section.
Article 317. Conditions apply simplified procedure 1. The Court resolved the case under the shortened procedure when the following conditions: a) the simple details, clear legal relations, the litigants had to acknowledge the obligation; the document, the full evidence, ensure sufficient grounds for the case and the Court does not have to collect the documents and evidence;
b) litigants have a residence address, clear headquarters;
c) no privy to reside abroad, property disputes in foreign countries, except in the case of overseas litigants and litigants in Vietnam have suggested agreement the Court resolve the shortened procedure or the litigants had to present evidence about the legal ownership of the property and the uniform agreement on the disposal of assets.
2. With regard to the case of labor have been accepting the settlement, under the shortened procedure that employers of foreign nationals or representatives under the law they have to leave the residence address, headquarters without informing other litigants, the Court considered the case of deliberately hiding the address. The Court is still the case that under the shortened procedure provided for in this section.
3. During the preparatory phase of the trial of the case under the abridged procedure, if new details appear here make the case no longer qualified to resolve under the shortened procedure, the Court decision to move the case to settle according to the usual procedures: a) new details arise litigants inconsistency therefore need to verify collect documents, evidence or the need to conduct the evaluation;
b) need valuation, valuation of property dispute that litigants not consistent about the price;
c) need to apply provisional measures;
d) has incurred, the related obligations;
DD) arise requires independent requests or responses;
e) arise litigants domiciled abroad, property disputes in foreign countries, the verification requirements, gathering evidence abroad that need to perform authorization, except in cases specified in point c of paragraph 1 of this article.
4. in case of transfer of the case to resolve the procedural time limit normally prepare the trial of the case be counted back from the date of the decision to transfer the case to settle according to the usual procedure.
Article 318. The decision to bring the case to trial under the shortened procedure 1. Within a period not exceeding 12 months from the date of the case prescribed in clause 3 and clause 4 Article 195 of this law, the judge assigned the case to the decision to take the case to trial under the simplified procedure and open trial within 10 days from the date of the decision.
2. Decides to take the case to trial under the simplified procedure must have the following major contents: a) the day, month, year of decision;
b) Name the Court decision;
c) case to be brought to trial under the simplified procedure;
d) name, address; phone number, fax, e-mail address (if any) of the plaintiff, the defendant or the agencies, organizations and individuals to sue the provisions of article 187 of this Act, the person who has the rights, the obligations involved;
DD), last name, judge, court clerk; they judge disabled project name (if available);
e) Them, the name Procurator; they, the Prosecutor name membership (if any);
g) date, time, month, year, location, open the trial;
h) public hearing or trial sealed;
I), last name, who was summoned to join the trial.
3. Decides to bring the case to trial under the simplified procedure must be sent immediately for the litigants, the Procuratorate at the same level.
The case of Procuratorate participated in the trial as stipulated in paragraph 2 of article 21 of this law, the Court must send the case file together decided to take the case to trial to the Procuratorate at the same level; within 3 working days from the date of receiving the application, the Prosecutor must Institute studies and returned to the Court.
Article 319. Complaints, Petitions and complaints, recommendations about the decision to bring the case to trial under the shortened procedure 1. Within 3 working days from the date of receiving the decision to take the case to trial under the abridged procedure, litigants have the right to complain, the Procuratorate at the same level have the right to petition to the Chief Justice of the Court decision.
2. within 10 working days from the date of receiving a complaint, the recommendations of the decision to bring the case to trial under the abridged procedure, Chief Justice of the Court to one of the following decisions: a) retains the decision bringing the case to trial under the simplified procedure;
b) Cancelled the decision to take the case to trial under the simplified procedure and move the case to settle according to the usual procedure.
3. decision on complaint resolution, the recommendations of Chief Justice of the Court is final and must be sent immediately for the litigants, the Procuratorate at the same level.
Article 320. Trial under the shortened procedure 1. The litigants, Prosecutor Procurator at the same level must be present at the trial under the simplified procedure. The case of the absence of the Prosecutor, the trial is still in progress. Litigants have the right to suggest the trial in absentia.
The case of the defendant, who has the rights, obligation relates has been duly summoned that absence without good reason, the judges still conduct the trial.
2. The judge conducts the trial opening procedure according to the provisions of article 239 of the code.
3. after the opening of the trial, the judge conducting the mediation, unless not be reconciled according to the provisions of article 206 or not conducting mediation are prescribed in article 207 of the code. The case of the litigants agreed to be together on the issue to resolve in the case, the judges decision recognized the agreement of litigants under the provisions of article 212 of this Act. The case of the litigants do not deal with each other on the issue to resolve in the case, the judge conducting the trial.
The presentation, debates, responses, proposals on the point of resolving is done according to the rules in section 3 of chapter XIV of the code.
4. The case at trial which arises new details provided for in paragraph 3 to article 317 of the Civil Code makes this case is no longer qualified to resolve under the shortened procedure, the judge reviewed, a decision to transfer the case to settle according to the usual procedure. In this case, the time limit for pretrial preparation of the case is calculated as specified in paragraph 4 of this law 317 Articles.
Article 321. The effect of judgments, decisions under the shortened procedure 1. The verdict, the decision of the Court of first instance under the shortened procedure may be appealed, the appeal under the procedure of appeal to ask the Court of appeal addressed by the appellate procedure simplified.
2. The judgment, decided under the shortened procedure may be subject to appeal under the procedure of Cassation, a retrial under the provisions of this law.
Chapter XIX SOLVE CIVIL CASES UNDER the SHORTENED PROCEDURE in the COURT of APPEAL Article 322. The time limit for the appeal, the appeal against the judgment, decision by the shortened procedure 1. The time limit for appeal against the judgment, the decision of the Court of first instance under the abridged procedure is 7 days from the date of pronouncement of the judgment. For litigants not to be present at the trial, the appeal period calculated from the date of the judgment, the decision is delivered to them or the judgment, decide to be listed.
2. The time limit for appeal against the judgment, the decision of the Court of first instance under the shortened procedure of the Procuratorate at the same level as July, of the superior Procuratorate directly is 10 days from the date of the judgment or decision.
Article 323. The time limit for pretrial preparation of appeal according to the abridged procedure 1. Within a period of 12 months from the date of the case, customize each case, the judge assigned to the case by the appellate procedure out one of the following decisions: a) Temporarily suspend the appellate case;
b) suspend the appellate case;
c) Brought the case to appeal.
2. Decides to take the case to appeal must have content specified in paragraph 1 to article 290 of the code. The decision to take the case to appeal must be sent immediately to the people who are relevant to the appeal, the appeal and the Procuratorate at the same level attached to the case file to research.
Duration of the research profile of the Procurator at the same level is 5 working days from the date of receiving the case file; that deadline expired, the Procuracy is charged the case file to the Court.
3. The case has decided to temporarily suspend the appellate case, the time limit for the preparation of appeals to be recalculated from the date of the Court of appeal further appellate case as the reason for suspension is no longer in.
4. in case of occurrence of new details provided for in paragraph 3 to article 317 of the civil code, the Court decision to move the case to settle according to the usual procedure. In this case, the time limit for pretrial preparation of the case is calculated as specified in paragraph 4 of this law 317 Articles.
Article 324. Shortened appeals procedure for judgment, the decision of the Court of first instance was appealed, the appeal 1. Within 15 days from the date of the decision to put the case to appeal, the judge must open the appellate trial.
2. The Privy, Prosecutor Procurator at the same level must be present at the Court of appeal. The case of the absence of the Prosecutor, the trial still conducted trial, except in cases of Procurator protest appeal. Litigants have the right to suggest the trial in absentia.

Cases of litigants not to appeal has been duly summoned that absence without good reason, the judges still conduct the trial.
3. The judge presented a summary of the content of the first instance decision verdict was appealed, the appeal, the contents of the appeal, the appeal and the documents, and evidence (if any).
4. The protection of the legitimate rights and interests of litigants, litigants presented additional comments about the content of the appeal, the appeal, argued, in response, proposed for his views on the resolution of the case.
5. After the end of the debate and responses, the Prosecutor stated opinion of the Procurator of the obey the law in the process of resolving civil cases at the appellate stage.
Shortly after the end of the trial, the Prosecutor must submit a written statements of opinion for the Court to save into the case file.
6. When considering the verdict, the decision of the Court of first instance was appealed, the appeal, the judge has the following rights: a) retained the verdict, the decision of the Court of first instance;
b) Fix the verdict, the decision of the Court of first instance;
c) Cancelled the verdict, the decision of the first instance court and transfer the case to the Court of first instance to resolve the case under the shortened procedure or under the normal procedure is not enough if the conditions to solve under the shortened procedure;
d) Cancelled the verdict of first instance and the suspension of the case;
DD) suspend the appellate and the judgment at first instance.
7. The judgment of the appellate decision has the force of law from the date of judgment or decision.
REVIEW PROCEDURES part five judgments, the DECISION HAS FORCE of LAW Chapter XX PROCEDURE for CASSATION Article 325. The nature of Cassation is cassation review of judgments, the Court's decision has the effect of law, but lost the appeal Cassation when base is specified in article 326 of the code.
Article 326. The base, conditions for protest under procedure of Cassation 1. The verdict, the decision of the Court has in effect been law protest under procedure of Cassation when one of the following bases: a) the conclusions of judgements, decided not to match the details of the case harm to the rights, legitimate interests of litigants;
b) serious infringement proceedings makes litigants do not make a right, obligation, proceedings leading to the right, their interests are not protected as prescribed by law;
c) there is a mistake in the application of the law leads to the judgment, the decision is incorrect, causing damage to the rights, legitimate interests of litigants, infringe public interests, the interests of the State, the rights, legitimate interests of a third person.
2. People have the right to protest provisions in Article 331 of the code of this appeal the verdict, the decision of the Court was in effect the law when there is one of the grounds specified in paragraph 1 of this article and have the application under the provisions of article 328 of the code of this or have announced recommendations as defined in paragraph 2 and paragraph 3 Article 327 of this code; circumstances infringe public interests, the interests of the State, the rights, legitimate interests of a third person does not need to have a single proposal.
Article 327. Judgments, the Court's decision was in effect the laws need reconsideration under procedure of Cassation 1. Within a period of 1 year from the date of the judgment, the decision of the Court of law, if found to have violated the law in the judgment, decided that the litigant has the right to recommend in writing to the appeal authority specified in article 331 of the code to consider protest under procedure of Cassation.
2. in case the Court, Procuracy agencies, organizations, or individuals found to have violated the law in the judgment, the Court's decision was in effect the law they must notify in writing to the appeal authority specified in article 331 of the code.
3. the Chief Justice of the provincial people's Court Chief Justice recommendations senior people's Court or the Chief Justice of the Supreme People's Court, the Chief Justice of the high people's court petition the Chief Justice of the Supreme People's Court reviewed the protest under procedure of Cassation judgement, the Court's decision has legal effect if discovered to have bases prescribed in clause 1 Article 326 of this Act.
Article 328. Petition to review the verdict, the decision of the Court has legal effect under procedure of Cassation 1. Petition to review the verdict, the decision of the Court has legal effect under procedure of Cassation must have the following major contents: a) the day, month, year of make recommendations;
b) the name, address of the proposal;
c) Name judgments, the Court's decision was in effect the law recommended the review under the procedure of Cassation;
d) reasons suggest, the requirement of the proposal;
DD) Who suggest that individual must sign or point only; the proposal is the Agency, organization, the legal representative of the Agency, that organization have to sign and seal the last part menu; the case suggested organization is the use of the seal is made according to the regulations of the corporate law.
2. the attached proposals, the proposal should send the judgment, the Court's decision has the effect of laws, documents, and evidence (if any) to justify his request is based and legally.
3. Application and documents and evidence submitted to the appeal authority specified in article 331 of the code.
Article 329. Procedure of accepting the proposal to consider the judgment, the Court's decision has the effect of law under the procedure of Cassation 1. The Court, Procurator accepting recommendations by litigants filed directly in court, procurator or sent through the postal service and to log receipt, certificate level got the menu for litigants. Filing date is counted from the day the litigants in the court filing, the Prosecutor or the date marked postal service where posted.
2. The Court, procurator only accepting the petition when it has enough content to the provisions of article 328 of the code. Single case recommended not eligible under the provisions of article 328 of the Penal Code, the courts, the Procurator requested the filing of additional amendments within a period of 12 months from the date the request was received by the Court, the Procurator; expiry of this that people submit is not modified, then additional court, Procuracy returns form, stating the reason for the litigants and the note on the receipt book.
3. People have the right to protest under procedure of Cassation Division who are responsible for conducting simple studies, communications, recommendations, case file, report the people have the right to protest considered, decision; case no appeal notice in writing, stating the reason for the litigants, agencies, organizations, individuals with written notice, petition.
The Chief Justice of the Supreme People's Court assignment judge of the Supreme People's Court, the Minister the Supreme People's Prosecutor assigned Prosecutor Supreme People's Procuracy of single studies, communications, recommendations, case file, report the Chief Justice of the Supreme People's Court, people's Procuratorate Director Supreme review , decided to protest. The absence of protest, the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy himself or authorized for judges of the Supreme People's Court, Prosecutor Supreme People's Procurator notice in writing, stating the reason for the litigants, the Agency individual, organization, message text, recommendations.
Article 330. Supplements, verify the documents and evidence in the procedure of Cassation 1. Litigants have the right to provide documents and evidence for the person who has the right to protest under procedure of Cassation if the documents and evidence it has not been granted the Court of first instance, the Court of appeal asked litigants filed or delivered have requests but litigants cannot be delivered because of that reason or material evidence that the litigants could not know was in the process of settling the case.
2. In the process of settling petition to review the verdict, the decision of the Court has legal effect under procedure of Cassation, who have the right to protest under procedure of Cassation have the right to ask who has the single supplement document, evidence or test it yourself, verify documents evidence needed.
Article 331. People have the right to protest under procedure of Cassation 1. The Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate have the right to protest under procedure of Cassation judgment, the decision has force of law senior people's Court; the verdict, the decision of the Court of law when it deems necessary, except for the decision of Cassation of Council of judges of the Supreme People's Court.
2. the people's Court Chief Justice, Chief Procuratorate Institute senior people have the right to protest under procedure of Cassation judgment, the decision was in effect the law of the people's provincial court, district-level people's Court within the jurisdiction of the territory.
Article 332. Delayed, temporarily suspended enforcement of the judgment, the decision has force of law 1. People have the right to protest the verdict, the decision has force of law the Court has the right to request to postpone enforcement of the judgment, decided to consider the protest under procedure of Cassation. The postponed enforcement of the judgment, the decision was made under the provisions of the law of civil enforcement.
2. Who protest under procedure of Cassation judgment, the decision has force of law have the right to decide to temporarily suspend the enforcement of the judgment, that decision until the decision of Cassation.
Article 333. Decision the appeal cassation appeal Cassation decision must contain the following major contents: 1. The date, month, year of decision appeal and the number of Appeals decision;
2. The position of the Appeals decision;
3. the number, day, month, year of judgment, the decision has force of law being protested;
4. Decisions of the judgment, the decision has force of law being protested;
5. Comments, analysis of the offense, mistakes of judgment, the decision has force of law being protested;
6. Pursuant to the law to decide the appeal;
7. The appeal in whole or in part of the judgment, the decision has force of law;
8. The name of the competent court of Cassation case;
9. Proposal of the protest.

Article 334. The time limit for appeal under the procedure of Cassation 1. People have the right to protest under procedure of Cassation have the right to protest within a period of 3 years from the date of the judgment, the decision of the Court of law, except in the case specified in clause 2 of this Thing.
2. where the time limit for appeal has expired according to the provisions in clause 1 of this article but have the following conditions, the time limit for appeal was extended by two years from the date of expiry of the appeal: a) the litigants had application as specified in paragraph 1 of this Law 328 Thing and after the expiry of the appeal provided for in paragraph 1 of this article the equivalent continue to have the petition;
b) judgments, the Court's decision was in effect the law has violated the law as prescribed in clause 1 Article 326 of this Act, a serious infringement to the rights, legitimate interests of litigants, of third persons, infringe the interests of the community, the interests of the State and must appeal to rectify mistakes in judgment the decision has force of law.
Article 335. Change, add, withdraw the appeal Cassation 1. Who protest of Cassation have the right to change, complement the appeal if the appeal period not all the provisions of article 334 of the code. The changes, additions have to be made by the decision. The decision to change, adding the protest must be delivered according to the provisions of article 336 of the code.
2. Who protest are part or all of the rights to appeal before the Court or in the Court of Cassation. The withdrawal of an appeal must be made by the decision.
3. Upon receipt of the whole decided to withdraw the appeal, the Court of Cassation the decision to suspend the trial of Cassation.
Article 336. Send a cassation appeal decisions 1. Decision the appeal of Cassation must be sent immediately to the Court judgment, the decision has force of law being protested, the litigants, civil enforcement agencies have jurisdiction, other people have rights, obligations relating to the content of the appeal.
2. in case of the Chief Justice of the Supreme People's Court or the Chief Justice of the high people's Court appeal decided the appeal in the same case file must be sent immediately to the Procuratorate at the same level. Procuracy studied the record within 15 days from the receipt of the case file; This time limit runs out, the Procurator must transfer the case file to the competent court of Cassation.
3. where the Minister the Supreme People's Procuratorate or a people's Procuratorate Director Senior appeal decided the appeal must be sent immediately to the competent court of Cassation.
Article 337. Cassation jurisdiction 1. The Committee of judges senior people's Court of Cassation judgment, the decision was in effect the law of the people's provincial court, district-level people's Court within the territorial jurisdiction were the following: a) the protest Committee to judge the people's Court of Cassation hearing level by the Board of review consisting of three judges for judgments the decision of the provincial people's courts, people's courts at district level in force law been protest under procedure of Cassation;
b) the whole of the Committee of the people's Court judges senior trial of Cassation against the judgment, the Court's decision was in effect the law specified in point a of this paragraph but complex nature or judgment, the decision was the Committee of people's Court judges senior trial of Cassation by the Board of review consisting of three judges but not reached Unity when voted through a decision on the resolution of the case.
2. The Council of judges of the Supreme People's Court of Cassation judgment, the decision has force of law senior people's Court appeals were as follows: a) the Council of judges of the Supreme People's Court of Cassation hearing by the Board of review consisting of five judges for judgments the decision of the senior people's Court were the protest under procedure of Cassation;
b) whole the Council of judges of the Supreme People's Court trial of Cassation against judgements and decisions have force of law specified in point a of this paragraph but complex nature or judgment, the decision was the Council of judges of the Supreme People's Court of Cassation hearing by the Board of review consisting of five judges but does not reach the for when the vote passed a decision on the resolution of the case.
3. The complex nature of cases specified in point b of paragraph 1 and point b paragraph 2 this is the case in one of the following cases: a) the provisions of the law on these issues to be resolved in the case unclear, not yet applied guidance;
b) evaluating the evidence, apply the law has many different opinions;
c) the resolution of the case relating to the public interest, the interests of the State, protect the human rights, citizenship is social criticism of special interest.
4. the people's Court Chief Justice high level review, decided to organize a trial of Cassation in the case prescribed in clause 1 of this article. The Chief Justice of the Supreme People's Court review, decided to organize a trial of Cassation in the case prescribed in clause 2 of this Thing.
5. where the judgment, the decision was in effect the same legislation a civil case under the jurisdiction of Cassation level higher people's Court and the Supreme People's Court, the Supreme People's Court has jurisdiction of Cassation the entire case.
Article 338. Participants in the trial of Cassation 1. Court of Cassation must have the participation of the Procurator at the same level.
2. The case deem it necessary, the Court summoned the litigants or legal representatives, who protected the legitimate rights and interests of litigants or participants in proceedings related to the appeal involved a Court of Cassation; If they are absent from the trial, the trial of Cassation is still conducting the trial.
Article 339. The time limit for open trial of Cassation within 4 months from the date of receiving the appeal accompanied by case, the competent court of Cassation must court trial of the case under the procedure of Cassation.
Article 340. Prepare a Court of Cassation Chief Justice the court assigned a judge made a presentation about the case at the trial. A brief presentation of the content of the case and the verdict, the decision of the Court level, the content of the appeal. Presentations must be sent to the members of the Board of review Cassation is the latest 7 days before the Court of Cassation.
Article 341. The procedure of trial in a Court of Cassation 1. After opening the trial Chairman, a member of the Board of review Cassation presented a summary of the content of the case, the process of trial of the case, the decision of the verdict, the decision of the Court has in effect been protest, law the grounds, to protest and proposal of the protest. Case the Procuracy protested the Procuracy representative presented the content of protest.
2. Litigants, legal representative, who protected the legitimate rights and interests of litigants or other proceedings participants are summoned to the trial court of Cassation presented comments on the issues which the Council of Cassation requests. Case they are absent but have written opinions, the trial of Cassation announced their opinions.
3. the Procuracy representative statements of opinion about the protest and the decision of the case.
Shortly after the end of the trial, representative of the Procuracy must send text statements of opinion for the Court to save into the case file.
4. The members of the Board of review Cassation statements of opinion and discussion. The trial of Cassation deliberation and voting on the resolution of the case and decide on the content of the case at the trial. The deliberation must be done according to the principles specified in article 264 of this code.
5. where the Commission judges the high level people's court hearing as defined in art. 1 of 337 Articles in this law, the decision of the Board of review must be all members join the Board voted approval.
The case for trial in accordance with point b paragraph 1 Article 337 of the code of trial this whole Court judges Commission senior people must have at least two thirds of the total number of participants; the decision of the Committee of judges must be half the total number of voting members.
6. The case of the Council of judges of the Supreme People's court hearing as defined in point a of paragraph 2 of this law 337 Thing then the decision of the Board of review must be all members join the Board voted approval.
The case for trial in accordance with point b item 2 of this law 337 Articles trial of the entire Board of judges of the Supreme People's Court must have at least two thirds of the total number of participants; the decision of the Council of judges must be half the total number of voting members.
Article 342. The scope of Cassation 1. The trial of cassation only reconsider the decision part of the judgment, the decision has force of law being protested or relevant to the consideration of the content of protest.
2. The trial of Cassation have the right to review decisions of the judgment, the decision has force of law not to protest or not relevant to the consideration of the content, if the decisions that infringe on public interests, the interests of the State, the interests of third persons are not the litigants in the case.
Article 343. The authority of the Board of review Cassation trial of Cassation have jurisdiction of the following: 1. Do not accept the appeal and uphold the verdict, the decision of the Court has legal effect;
2. Cancel the verdict, the decision of the Court was in effect the law and uphold the judgment, the right decision under the Court's law has been cancelled or is this page;
3. Cancel a part or the whole of the judgment, the Court's decision has legal effect to hearing back under the procedure of first instance or the hearing in appellate procedure;
4. Cancellation of the verdict, the decision has force of law and the suspension of the case;
5. Edit a part or the whole of the judgment, the Court's decision has the effect of law.

Article 344. Keep the judgments, the right decision under the Court's law has been cancelled or is this page of trial of Cassation decision cancelled the verdict, the decision has force of law be protest and keep the verdict, the decision of the lower court hearing the right law but has been the judgment the decision was in effect the law was protested the cancellation or modification in whole or in part.
The case of the verdict, the decision of the Court was to be enforced in whole or in part, then the trial of Cassation must address the consequences of the enforcement of the judgment.
Article 345. Cancel a part or the whole of the judgment, the Court's decision has legal effect to hearing back under the procedure of first instance or the hearing under the procedure of appeal trial of Cassation decision canceling a part or the whole of the judgment, the Court's decision has the effect of law being retrial pursuant to the appeal procedure for appeals or review process again according to the procedure of appeal in the following cases: 1. The collection of evidence and proof has not yet been fully implemented or not in accordance with the provisions of Chapter VII of this law;
2. The conclusions of judgements, decided not to match the details of the case or there are serious mistakes in the application of the law;
3. The composition of the trial of first instance or appeal is not properly regulated by this law or other serious violation of the proceedings affect the legitimate rights and interests of litigants.
Article 346. To cancel the judgment, the decision has force of law and suspended the case trial of Cassation the decision to cancel the judgment, the Court's decision has the effect of law and suspension of the case, if the case in one of the cases specified in article 217 of this Act.
The case of the verdict, the decision of the Court was to be enforced in whole or in part, then the trial of Cassation must address the consequences of the enforcement of the judgment.
Article 347. This page in part or the whole of the judgment, the Court's decision has the effect of law 1. The trial of Cassation decision to edit a part or the whole of the judgment, the Court's decision has legal effect when the following conditions: a) document, the evidence in the case file was complete, clear; There are enough grounds for clarifying the details of the case;
b) this judgment, the decision being appealed is not affecting the rights, the obligations of agencies, organizations, and individuals.
2. where the judgment, the Court's decision has to be enforced in whole or in part, then the trial of Cassation must address the consequences of the enforcement of the judgment.
Article 348. The decision of Cassation 1. The trial of Cassation decision on behalf of the Socialist Republic of Vietnam.
2. The decision of Cassation must have the following content: a) the day, month, year and place of Court of Cassation;
b) Them, the names of the members of trial of Cassation. Case of trial of Cassation is the Committee of people's Court judge or Senior Council of judges of the Supreme People's Court shall record them, name, position of presiding and the number of participants to trial;
c), last name, the Secretary of the Court, the Prosecutor participated in a trial of Cassation;
d) the name of the case that the Council put off a trial of Cassation;
DD) name, address of the litigants in the case;
e) summarize the contents of the case, the decision of judgment, the decision has force of law being protested;
g) decide to appeal, the reasons for the protest;
h) review of the trial of Cassation, which is the analysis of views on the resolution of the case and the grounds for acceptance or non-acceptance of an appeal;
I) points, account, articles of the code of civil procedure, legal text that the trial of Cassation pursuant to decision;
k) the decision of the Board of review Cassation.
3. The decision of the Board of review Cassation of Council of judges of the Supreme People's Court should have argued to clarify the provisions of the law also has different interpretation; analyze, explain the problem, legal facts and pointing out the cause, the way of handling, legal need apply (if any).
Article 349. The effect of the decision of Cassation the decision of Cassation law takes effect from the date of the Council decision of Cassation.
Article 350. Submit the decision of Cassation 1. Within 5 working days from the date of the decision, the trial of Cassation must submit the decision of Cassation for agencies, organizations, individuals: a) litigants, other people have rights, the relevant obligations under the decision of Cassation;
b) the Court judgment, the decision has force of law being protested;
c) Procurator at the same level, the enforcement agencies have jurisdiction.
2. The decision of Cassation are competent court of Cassation announced on the electronic portal of the Court (if any), except the decision containing the information specified in paragraph 2 to article 109 of this Act.
Chapter XXI PROCEDURE of RETRIAL Article 351. The nature of the retrial of a retrial is reviewed the judgment, the decision has force of law but were protesting because of newly discovered can make fundamental changes the content of the judgment, that the Court decision, litigants do not know when the Court judgment , that decision.
Article 352. Grounds for protest under procedure of a retrial verdict, the decision of the Court has in effect been law protest under retrial procedure when one of the following bases: 1. New findings are important details of the case that litigants could not know was in the process of resolving;
2. Have the basis to prove the examiner's conclusion, the words of the translator is not true or have falsified evidence;
3. The judge, jurors, Prosecutor deliberately falsify the case file or the deliberate conclusion contrary to law;
4. Judgment, decide criminal, administrative, civil, marriage and family, business, commercial, Labour Court's decisions of State agencies that the Court base on which to resolve the case have been canceled.
Article 353. Notification and verification of the newly discovered 1. Litigants or agencies, organizations, and individuals have the right to discovery of new details of the case and notified in writing to the appeal authority specified in article 354 of the Penal Code.
2. in case of discovered new details of the case, the Prosecutor, the Court must be notified in writing to the appeal authority specified in article 354 of the Penal Code.
Article 354. People have the right to protest under retrial procedure 1. The Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate have the right to protest under procedure of a retrial verdict, the decision has force of law senior people's Court; the verdict, the decision of the Court of law when it deems necessary, except for the decision of Cassation of Council of judges of the Supreme People's Court.
2. the people's Court Chief Justice, Chief Procuratorate Institute senior people have the right to protest under procedure of a retrial verdict, the decision was in effect the law of the people's provincial court, district-level people's Court within the jurisdiction of the territory.
3. People have protested the verdict, the decision has force of law have the right to decide to temporarily suspend the enforcement of the judgment, that decision until the retrial decision.
Article 355. The deadline to protest under retrial procedure the time limit for protest under procedure of a retrial is 10 years from the date the person has the right to protest knows the grounds for protest under procedure of a retrial stipulated in article 352 of the code.
Article 356. The authority of the Board of review retrial of trial retrial following authority: 1. Do not accept the appeal and uphold the judgment, the decision has force of law;
2. Cancel the verdict, the decision has force of law to the trial of first instance under the procedure prescribed by this law;
3. Cancel the verdict, the decision has force of law and settling the case.
Article 357. Application of the rules of procedure of Cassation The provisions on the procedure of a retrial is made as to the provisions of this law on the procedure of Cassation.
Chapter XXII SPECIAL PROCEDURE to REVIEW the DECISION of the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT Articles 358. Requirements, recommendations, proposed a review of the decision of the Council of judges of the Supreme People's Court 1. When determining the decision of the Council of judges of the Supreme People's Court has serious law violations or discovered important new details can make basic changes to content decisions that the Council of judges of the Supreme People's Court, the litigants did not know when a decision that , if requested by the Standing Committee of the National Assembly, the recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court, the Council of judges of the Supreme People's Court reviewed that decision.
2. where the request of the Standing Committee of the National Assembly, the Chief Justice of the Supreme People's Court is responsible to report the Council of judges of the Supreme People's Court to review the decision of the Council of judges of the Supreme People's Court.
3. The case of petitioning the Judicial Committee of the Congress, the recommendations of the Minister the Supreme People's Procuratorate or the Chief Justice of the Supreme People's Court violation detection, new details, the Chief Justice of the Supreme People's Court is responsible to report the Council of judges of the Supreme People's Court review recommendations , suggest it.
4. The session of the Council of judges of the Supreme People's Court review recommendations, recommendations prescribed in paragraph 3 of this article must be attended by the head of the Supreme People's Procuratorate.
Article 359. Procedure for review of the decision of the Council of judges of the Supreme People's Court

1. After receipt of the request of the Standing Committee of the National Assembly, the recommendations of the Judicial Committee of the Parliament or after the Chief Justice of the Supreme People's Court have written to recommend a review of the decision of the Council of judges of the Supreme People's Court as prescribed in paragraph 2 and paragraph 3 Article 358 of this law The Supreme People's Court, submitted to the Supreme People's Procuracy a written request, copies of recommendations or proposals that accompanied the record of the case to the Supreme People's Procuratorate in the research and preparation of opinions at the meeting considering recommendations, suggestions, requests. Within 15 days from the receipt of the case file, the Supreme People's Procuratorate must return the case file to the Supreme People's Court.
2. Within a period of 12 months from the date of receiving the recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister the Supreme People's Procuracy, or from the date of the Chief Justice of the Supreme People's Court have suggested text, then the Council of judges of the Supreme People's Court to open the session to consider recommendations , recommendations.
The Supreme People's Court informed in writing about the time open the session to consider the recommendations, recommendations for the Minister the Supreme People's Procuratorate.
The Judicial Committee, representative of the Congress are invited to attend the session of the Council of judges of the Supreme People's Court to consider the recommendations of the Justice Commission of the National Assembly.
3. The Council of judges of the Supreme People's Court review recommendations, suggest the following sequence as follows: a) the Chief Justice of the Supreme People's Court themselves or assigned to a member of the Council of judges of the Supreme People's Court presented a summary of the content of the case and the process of resolving;
b) represented the Justice Commission of the National Assembly, Minister Supreme People's Prosecutor, Chief Justice of the Supreme People's Court has recommended, recommended a review of the decision of the Council of judges of the Supreme People's Court presented the content recommendations, recommendations; the base of the recommendations, recommendations; analysis, reviews the details of the case, the old evidence and additional new evidence (if any) to make clear the violation serious law in the decision of the Council of judges of the Supreme People's Court or the matter could alter the basic content of the decision of the Council of judges of the Supreme People's Court;
c) case review recommendations of the Justice Commission of the National Assembly or to consider the proposal of the Chief Justice of the Supreme People's Court, the Director the Supreme People's Procuracy stated views and reasons for placement or disagree with recommendations, suggest it.
Opinions of Director the Supreme People's Procuratorate must be in writing, signed by the head of the Supreme People's Procuracy and must be submitted to the Supreme People's Court within 10 working days from the date of the end of the session;
d) the Council of judges of the Supreme People's Court to the discussion and vote according to the majority of the agreed or not agreed with the recommendations, it was suggested to review the decision of the Council of judges of the Supreme People's Court;
DD) where agreed with the recommendations of the Justice Commission of the National Assembly, the recommendations of the Minister or Supreme People's Prosecutor proposed by the Chief Justice of the Supreme People's Court, the Council of judges of the Supreme People's Court to decide on the opening of the session to review the decision of the Council of judges of the Supreme People's Court at the same time delivered to the Chief Justice of the Supreme People's court records research organization, reports that the Council of judges of the Supreme People's Court review, decided at the meeting to review the decision of the Council of judges of the Supreme People's Court.
The absence of agreed recommendations, recommendations, the Council of judges of the Supreme People's Court must be notified in writing and stating the reasons for individuals, agencies have recommendations, recommendations;
e) All happenings in session considering proposals, recommendations and decisions adopted at the meeting must be recorded in the minutes of the session and save the profile review recommendations, recommendations;
g) within 5 working days from the date of the end of the session considering proposals, the proposal to review the decision of the Council of judges of the Supreme People's Court, the Council of judges of the Supreme People's Court to send to the Director the Supreme People's Procuratorate, the Judicial Committee of the Parliament text message about the Council of the people's Court judges dinner the highest position or do not agree with the petition, the proposal to review the decision of the Council of judges of the Supreme People's Court.
4. At the request of the Standing Committee of the National Assembly or when there is a decision of the Council of judges of the Supreme People's Court about the opening of the session to review the decision of the Council of judges of the Supreme People's Court in VND clause 3 of this article, the Chief Justice of the Supreme People's Court held the case file research , verify, gather documents and evidence in case of need.
The study of the case file, verify, collect documentary evidence must make it clear whether there is a serious law violations or new important details can alter the basic content of the decision of the Council of judges of the Supreme People's Court.
5. Within a period of 12 months from the date of receiving the request of the Standing Committee of the National Assembly stipulated in paragraph 2 of this law 358 Thing or from the date of the decision of the Council of judges of the Supreme People's Court in VND clause 3 of this article, the Council of judges of the Supreme People's Court to open the session with the participation of the entire Salon the Supreme People's Court judge to review the decision of the Council of judges of the Supreme People's Court.
The Supreme People's Court submitted to the Supreme People's Procuracy a written notice of the time of opening the session to review the decision of the Council of judges of the Supreme People's Court attached to the case file. Within 15 days from the receipt of the case file, the Supreme People's Procuratorate must return the case file to the Supreme People's Court.
The session of the Council of judges of the Supreme People's Court must have the participation of the Minister the Supreme People's Procuratorate. Circumstances deem it necessary, the Supreme People's Court may invite agencies, organizations and individuals concerned to attend the session.
6. Minister Supreme People's Prosecutor to attend the session to review the decision of the Council of judges of the Supreme People's Court and statements of views about whether or not there are serious legal violations or new important details can alter the basic content of the decision of the Council of judges of the Supreme People's Court and views on the resolution of the case.
Opinions of Director the Supreme People's Procuratorate must be in writing, signed by the head of the Supreme People's Procuracy and must be submitted to the Supreme People's Court within 10 working days from the date of the end of the session.
7. within 1 month from the date the Council of judges of the Supreme People's Court decision specified in clause 1 Article 360 of the code, the Supreme People's Court delivered the decision for the Commission of the National Assembly, the Judicial Committee of the Parliament, the Supreme People's Procuratorate , People's courts have settled the case and the litigants.
360 thing. The authority to review the decision of the Council of judges of the Supreme People's Court 1. After hearing the Chief Justice of the Supreme People's Court report, heard the opinion of the Director the Supreme People's Procuracy, agency, organization, the individual concerned be invited (if available) and see the decision of the Council of judges of the Supreme People's Court has serious law violations or there are significant new details do change content basic the decision of the Council of judges of the Supreme People's Court; the verdict, the decision has force of law under the Court has serious law violations or there are significant new details do change the basic content of the judgement, deciding the case, the Council of judges of the Supreme People's Court decided as follows: a) decision of the Council of judges of the Supreme People's Court , cancel the verdict, the decision has force of law and decide on the content of the case;
b) Cancelled the decision of the Council of judges of the Supreme People's Court, canceling the verdict, the decision has force of law and determine the compensation responsibilities of the Supreme People's Court has decided to seriously violate the law is cancelled due to an error unintentionally or intentionally causing damages to litigants or determine liability claims the value of assets under the law;
c) Cancelled the decision of the Council of judges of the Supreme People's Court, canceling the verdict, the decision has force of law to the case file to the court levels under settlement under the provisions of the law.
2. The decision of the Council of judges of the Supreme People's Court must be at least three quarters of the total membership of the Council of judges of the Supreme People's court approval voting.
Part six PROCEDURES to RESOLVE CIVIL MATTERS Chapter XXIII GENERAL PROVISIONS on PROCEDURE for RESOLVING CIVIL MATTERS Article 361. The scope of application of civil is the Agency, organization, individuals have no dispute, but have asked the Court to recognize or not recognize a legal event is the birth of civil obligations, rights, marriage and family, business, commercial, labour, or of the Agency , organizations, and individuals; ask the Court to recognize for his civil rights, marriage and family, business, commercial, labour.
The provisions of this section are applied to resolve civil matters provided for in the paragraph 1, 2, 3, 4, 6, 7, 8, 9 and 10 article 27, paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 to article 29, paragraph 1, 2, 3 and 6 article 31, paragraphs 1, 2 and 5 to article 33 of this law. Case this section not specified shall apply the provisions of this law to settle civil.
Article 362. The petition to the Court to resolve civil matters 1. Who asked the Court to resolve civil matters must submit to the competent courts specified in section 2 of chapter III of this law.
Case Executive member requires the Court to resolve civil matters under the provisions of the Civil Enforcement Act shall have the right, the obligation of the person required to resolve civil matters under the provisions of this law.
2. The petition must have the following content:

a Day, month, year) application;
b) competent court Name resolution;
c) name, address; phone number, fax, e-mail address (if any) of the request;
d) specific problems require the Court to solve and reason, purpose, the base requires the Court to resolve civil matters;
DD) name, address of the people who are related to the settlement of a civil matter which (if any);
e) other information that people request it deems necessary for the resolution of their claims;
g) Who is required to sign a personal name or, if the only point is the Agency, organization, the legal representative of the Agency, that organization have to sign and seal the last part menu; the event organizer is business requirements the use of the seal is made according to the regulations of the corporate law.
3. Attached to the petition, the person required to submit documentary evidence to prove their claims are legitimate and well-grounded.
Article 363. Procedure to receive and process petitions 1. Procedure of receipt of the petition to be made according to the provisions in clause 1 Article 191 of this Act.
Within 3 working days from the date of receipt of the petition and the documents, evidence, Chief Justice of the court assigned judge resolve the petition.
2. where the claim is not yet full record content as defined in paragraph 2 of this law 362 then asked the judge to require modification, supplements within 7 days from the date of the request. Procedure for modifying and supplementing the petition be made according to the provisions in clause 1 Article 193 of this code.
3. where the required full implementation requires modification, Supplement, the judge conducting the procedure of accepting civil.
Most of the time limits prescribed in clause 2 of this Thing that people require does not amend, supplement the petition, the judge returned the petition and attached documents and evidence for them.
4. in case it deems the petition and attached documents and evidence were qualified acceptance, then the judge made as follows: a) inform the person asking about the pay requirements settle civil within 5 working days from the date of the notice of the filing fee , except where that person is exempt or not filed charges under the provisions of the law on fees;
b) the Court accepting the petition when the person required to submit receipts for the court fees required to resolve civil matters;
c) where the person requesting to be exempted or not pay the judge accepting the civil from the date of receiving the petition.
Article 364. Petition for return 1. The Court returned the petition in the following cases: a) the requester does not have the right to request or do not have enough capacity for civil acts;
b) the requester requests were Court or Government agency having jurisdiction;
c) civil not belonging to the jurisdiction of the Court;
d) Who requires no modification, supplement the petition within the time limits prescribed in clause 2 Article 363 of this code;
DD) Who asked not to pay within the time limit stipulated in art. 4 363 of this code Thing, unless exempted or not pay or slow submission because of unforeseen events, the objective obstacles;
e) Who asked to withdraw the petition;
g) other circumstances as stipulated by law.
2. When returning the petition and attached documents and evidence, the Court must be informed in writing and stating the reason.
3. The complaint and resolve complaints return claim made in accordance with Article 194 of this code.
365 things. Notice of accepting the petition to 1. Within 3 working days from the date of accepting the petition, the Court must be notified in writing to the request, the person who has the rights, the obligations related to the settlement of civil, for the Procuratorate at the same level on the Court was accepting the petition.
2. the written notice must contain the following principal contents: a) the day, month, year written notice;
b) name, address, the Court was accepting the petition;
c) the name, address of the litigants;
d) specific problems litigants asked the Court to resolve;
DD) category documentary evidence, litigants filed the attached petition;
e) time limit for people who have rights, obligations relating to the written comments submitted to the Court with respect to the request of the request and the documents, and evidence (if any);
g) legal consequences of people have rights, obligations relating to not submit to the Court the text of his comments for the required resolution.
Article 366. Prepare petition for review 1. The time limit for pretrial preparation petition is 1 month from the date of the Court accepting the petition, except where this act otherwise.
2. the time limit for pretrial preparation In the petition, the Court undertook the following work: a) the case found the document, evidence not sufficient grounds for the Court to resolve the Court requires additional documentation, litigants evidence within 5 working days from the date the request was received by the Court;
b) where litigants have requested or when necessary, the judge deems a decision requires agencies, organizations, individuals provide documents and evidence; summoning witnesses, soliciting, property valuation. If expiry prepared considering the petition specified in paragraph 1 of this article that does not yet have the results assessment, valuation of assets, the duration of the review prepared petition are stretched but not more than 12 months;
c) decided to suspend the review petition and return the petition, documents, and evidence if the person requested to withdraw the petition;
d) decided to open the session to resolve civil matters.
3. The Court must send immediately decided to open the session to resolve civil and civil records to the Procuratorate at the same level to research. Procuracy must study within 7 days from the date of the record; This time limit runs out, the Procurator must pay record for the Court to open the session to resolve civil matters.
4. The Court must open the session to resolve civil matters within 15 days from the date of the decision to open the session.
Article 367. Participants in the session to resolve civil matters 1. Prosecutor Procurator at the same level must attend the session; the case of the absence of the Prosecutor, the Court still conducting the session.
2. The request or legal representative, the protection of the rights and legitimate interests they must join the session according to the summons of the Court.
The absence of the first requirement, the Court postponed the session, unless the requester suggested the Court addressed the population of the absence. The case of the request has been duly summoned for the second time that remains absent, then considered to be a waiver of the requirement and the Court decision settling civil; in this case, the right to ask the Court to resolve civil matters which under the procedure prescribed by this law still to be secured.
3. People have the rights, obligations or legal representative, the protection of the rights and legitimate interests of their court summons to join the session. In case of necessity, the Court may summon witnesses, the examiner, the interpreter joins the session; If someone is absent, the Court decided to postpone the session or is still conducting the session.
Article 368. The decision to change the conduct of the proceedings when resolving civil matters 1. Before the opening of the session, changing judges, Secretary of the session by the Chief Justice of the Court are resolved that civil decisions; If the judge be changed is the Chief Justice of the Court are civil then addressed the changing Court by the Chief Justice on a direct level decisions.
2. In the resolution session, changing judges, Secretary of the session were as follows: a) civil case by a judge resolved the change of judges, Secretary of the session by the Chief Justice of the Court are resolved that civil decisions; If the judge be changed is the Chief Justice of the Court are civil then addressed the changing Court by the Chief Justice on a direct level decisions;
b) civil cases by the Council of resolution consists of three civilian judges addressed the changing of Council members, the Secretary of the session by the Council to resolve civil matters decided.
3. Before opening the session, changing the Prosecutor by the Minister the Prosecutor the same level decisions.
At the session, changing the Prosecutor by the judges, the Council addressed civil decisions. The case is to change the judges, the Prosecutor, the Council addressed civil decision postponed the session and inform the Procurator.
The election of the replacement Prosecutor prosecutor changed due to Minister the Prosecutor the same level decisions. If the Prosecutor is being changed by the Procuracy Institute Chief Minister the superior prosecutor directly decided.
Article 369. The procedure of conducting the session to resolve civil matters 1. The session addressed the civil work was conducted according to the following sequence: a) secretariat report session judge, addressed the Council on presence, absence of the participants;
b) judge to preside the opening session session, check on presence, absence of people who are summoned to join the session and their identification, explained the rights and obligations of the participants of the session;
c) Who protect the rights and legitimate interests of the person requested, the request or their legal representative about the specific issue requires the Court to resolve, reason, purpose and basis of the ask the Court to resolve civil matters;
d) The protection of the rights and legitimate interests of the person who has the rights, obligations, people have rights, obligations or their legal representative presented comments on the problems related to the rights, obligation of the person having the rights, the obligations involved in solving civil;
DD) witnesses presenting comments; the examiner presents the conclusion, explain the problem still unclear or there are conflicts (if any);
e) judge, the Council addressed civil review documents and evidence;
g) Prosecutor stated opinion of the Procuracy about resolving civil and send text statements of opinion for the Court to save on civil records shortly after the end of the session;

h) judges, the Council addressed civil review, decide to accept or not accept the resolution.
2. in case someone was court summons to join the session absence, the judge, the Council addressed civil for published testimony, documents, and evidence provided by that person before consideration of documents and evidence.
Article 370. The decision settles a civil matter 1. The decision to settle civil must have the following content: a) the day, month, year of decision;
b) Name the Court decision;
c) them, the name of the judge, Prosecutor, Secretary of the session;
d) name, address of the requester to resolve civil matters;
specific issues) requires the Court to resolve;
e) the name, address of the person who has the rights, the obligations involved;
g) identified by the Court and the grounds for acceptance or non-acceptance of the petition;
h) legal base to resolve civil matters;
I) decision of the Court;
k) fee payable.
2. Decide to resolve civil matters must be submitted to the Procuratorate at the same level, the required resolution, people have rights, obligations related to the settlement of civil work within 5 working days from the date of the decision.
Sending the decision to settle the civil judgment enforcement agencies is done according to the regulations of the Civil Enforcement Act.
3. The decision to solve civil legal effect of the court having regard to the change of Registrar of the Tribunal must be personally delivered to the Committee where the signed Registrar of that individual under the provisions of the law Registrar.
4. Decide to solve civil legal effect of the Court are published on the electronic portal of the Court (if any), except the decision containing the information specified in paragraph 2 to article 109 of this Act.
Article 371. The appeal, the appeal decision addressed the civil requirements, people have rights, obligations related to the settlement of civil work have the right to appeal, the Procurator at the same level, the superior Procuratorate directly has the right to appeal the decision to resolve civil matters to court on a request directly addressed in appellate procedure except for the decision to settle the civil provisions in paragraph 7 article 27, paragraph 2 and paragraph 3 Article 29 of this law.
Article 372. The time limit for the appeal, the appeal 1. People ask, whose interests, obligations related to the settlement of civil work have the right to appeal the decision to the civil settlement within 10 days from the date of the Court decision. Case they are not present at the session to resolve civil then the time limit which is computed from the date they receive the decision resolving civil or from the day the decision was announced, the listing.
2. Procurator at the same level have the right to appeal the decision to the civil settlement within 10 days, the superior Procuratorate directly has the right to appeal within 15 days from the date of the Court decision.
Article 373. Prepare the appeal, the appeal 1. The time limit for pretrial preparation of appeal, an appeal is 15 days from the day the Court receives the appeal, the appeal.
2. in the time limit for pretrial preparation of appeal, protest, the Court undertook the following work: a) the case found the document, evidence not sufficient grounds for the Court to resolve the Court requires additional documentation, litigants evidence within 5 working days from the date the request was received by the Court;
b) where litigants have requested or when necessary, the judge deems a decision required the Agency, organization or individual to provide documents and evidence; summoning witnesses, assessment, valuation of referendum. If the expiry of the provisions in paragraph 1 of this article that does not yet have the results assessment, valuation, then the time limit for pretrial preparation of appeal, appeal was extended but not more than 15 days;
c) within a period of preparing the appeal, protest, if all appellants withdrew appeal, the Procuratorate to withdraw appeal court decision settling the petition for review under the procedure of appeal. In this case, the decision to settle the civil procedure first instance legal effect from the date of the Court of appeal decision to suspend;
d) decided to open the session of appeal resolution.
3. The Court must send immediately decided to open the session of appeal resolved civil and civil records to the Procuratorate at the same level to research. Procuracy must study within 7 days from the date of the record; This time limit runs out, the Procurator must pay record for the Court to open the session of appeal resolution.
4. within 15 days from the date of the decision to open the session, the judge must open appeal addressed the session.
Article 374. Participants in the session of appeals to resolve civil matters 1. Prosecutor Procurator at the same level must attend the session addressed the civil appeals; the case of the absence of the Prosecutor, the Court still conducting the session, except in the case of Procurator protest appeal.
2. Who has an appeal, a legal representative, the protection of the rights and legitimate interests they must join the session according to the summons of the Court.
The absence of the first appeal there is reason then adjourned Court of appeal addressed the session, unless the appellant requests resolved absentia. If the appeal was duly summoned for the second time that remains absent, then considered abandoning the appeal court decision and suspension of appeals civil appeals request for them, except they have a petition addressed absent or because of unforeseen events , objective obstacle.
3. People have the rights, obligations, legal representative, who protected the legitimate rights and interests of their court summons to join the session. In case of necessity, the Court may summon witnesses, the examiner, the interpreter joins the session; If someone is absent, the Court decided to postpone the session or is still conducting the session.
Article 375. The procedure of conducting the session addressed the civil appeal 1. The session addressed the civil appeals are conducted according to the following sequence: a) Secretary to the session report on the presence, absence of the participants;
b) judge to preside the opening session session, check on presence, absence of people who are summoned to join the session and their identification, explained the rights and obligations of the participants of the session;
c) Who protect the legitimate rights and interests of the appellants, appellants or their legal representative present on the content of the appeal and the grounds of the appeal;
Case only the Procurator protest, the Prosecutor presented the content of protest and the base of the protest. The case is appealed, the appeal then the litigants presented about the content of the appeal and the grounds of appeal before, then the Prosecutor presented about the content of the protest and the base of the protest. Cases the Procurator does not appeal, the Prosecutor stated opinion of the Procurator of the resolves the appeal before the Board of appeal decisions.
Shortly after the end of the session, the Prosecutor must submit a written statements of opinion for the Court to save the profile;
d) The protection of the rights and legitimate interests of the person who has the rights, obligations, people have rights, obligations or their legal representative presented comments on the problems related to the rights, obligation of the person having the rights, the obligations involved in the content of the appeal protest;
DD) witnesses presenting comments; the examiner presents the conclusion, explained the problems still unclear or conflicting.
2. in case someone was court summons to join the session absence, the judge published testimony, documents, and evidence provided by that person.
3. The Board of Appeal considered the decision of the Court of first instance was appealed, the appeal documents, relevant evidence and out one of the following decisions: a) retained settled civil courts of first instance;
b) page decided to settle civil court of first instance;
c) Cancel the decision to settle the civil courts of first instance and civil records transferred to the Court of first instance to resolve the back according to the procedure of first instance;
d) Cancel the decision to settle the civil courts of first instance and the suspension of work;
DD) settling the petition for review under the procedure of appeal if in session all appellants withdrew appeal, the Prosecutor withdrew the protest.
4. the appellate decision resolving civil law takes effect from the date of the decision and are submitted to the Agency, organization, individual provisions in clause 2 and clause 3 Article 370 of the code.
5. the appellate decision to resolve civil legal effect to be published in the electronic portal of the Court (if any), except the decision containing the information specified in paragraph 2 to article 109 of this Act.
Chapter XXIV PROCEDURE for RESOLVING a REQUEST to DECLARE a PERSON LOST the CAPACITY for CIVIL ACTS, with LIMITED CAPACITY for CIVIL ACTS or HAVE DIFFICULTY in cognitive, BEHAVIOURAL MASTERY 376 Thing. The right to request a statement who lost the capacity for civil acts, with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery 1. People have the rights, benefits, agencies, relevant organizations have the right to ask the Court to declare a person lost the capacity for civil acts or with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery under the provisions of the civil code.
2. underage Persons are not capable of awareness, behavioural mastery due to physical, spiritual status but not to the extent of loss of capacity for civil acts have the right to ask the Court to declare that they have difficulties in perception, master acts under the provisions of the civil code.
Article 377. Preparation of petition for review

Within preparation of petition for review, as suggested by the request, the Court may on health assessment, disease of the required statement is limited capacity for civil acts forensics or psychiatry for the person being asked to declare lost the capacity for civil acts , who have difficulty in cognitive, behavioural mastery. In this case, when receiving the conclusion, the Court must make a decision to open the session to review the petition.
378 thing. The decision to declare a person lost the capacity for civil acts, with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery cases accept the petition, the Court decision to declare a person lost the capacity for civil acts, with limited capacity for civil acts or have difficulties in perception behavioural mastery.
In the decision to declare a person with limited capacity for civil acts, the Court must identify the legal representative of the person with limited capacity for civil acts and the scope of representation.
In the decision to declare a person has difficulty in cognitive, behavioural mastery, the Court must appoint a guardian, determine the rights, the obligations of a guardian.
Article 379. The right to request the cancellation of the decision to declare a person lost the capacity for civil acts, with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery When the Court declared lost the capacity for civil acts, with limited capacity for civil acts or have difficulties in perception behavioural mastery, no longer in a State was declared, that person or the person who has the rights, benefits or related bodies, relevant organizations have the right to request the Court decision to cancel the decision declared lost the capacity for civil acts, with limited capacity for civil acts or have difficulties in perception behavioural mastery.
Article 380. The Court's decision in the case of acceptance of the request to cancel the decision declared lost the capacity for civil acts, with limited capacity for civil acts or have difficulty in cognitive, behavioural mastery cases accept the petition, the Court decision to cancel the decision declared lost the capacity for civil acts or limited capacity of civil conduct the or have difficulty in cognitive, behavioural mastery.
Chapter XXV RESOLUTION PROCEDURES REQUIRE the SEARCH ALERTS the ABSENCE at the RESIDENCE Article 381. The petition notice seeking people absent in residence 1. People have rights, related interests have the right to ask the Court to notify search engines who are absent at the place of residence when the person is special area of 6 months or more, and can ask the Court to adopt measures to manage the assets of the absence thereof under the provisions of the civil code.
2. Enclose the petition to the Court seeking notice the absence of the person at the place of residence, the person required to submit documentary evidence to prove the required special area of 6 months or more; the case required the Court to apply the measures for managing the assets of the person who is absent they must provide documentary evidence of the situation of the property of that person, the management of existing assets and the list of who's who.
Article 382. Prepare review the petition notice seeking the absence in place of residence within the time limit preparation review petition, the Court decides to suspend the review petition to notice the absence of the person looking at the place of residence, if the person was asked to inform search engines return and ask the Court to suspend the review petition.
Article 383. The decision to announce the search for who was absent at the place of residence of cases accepted the petition, the Court decision announces search for the absent in residence; the case required the Court to apply the measures for managing the assets of the person who is absent at the residence and then accepted in the decision, the Court also decided to adopt measures to manage the assets of that person under the provisions of the civil code.
384 articles. Notice the absence of the person looking at the residence search notice the absence of the person at the place of residence must have the following major contents: 1. The date, month and year of notification;
2. name the court notice;
3. the number and date of the decision notice seeking people absent in residence;
4. name and address of the person requesting the court notice;
5. name, Surname and date of birth or age of the person in need of search and the residential address of the person before the nickname;
6. the Agency's contacts, organizations, individuals if people need to search said notice or others get news about people need to search.
385 articles. Search the notice announcement is absent at the place of residence 1. Within a period of 12 months from the date of the Court decision announces search for the absent in residence, this notice must be posted on one of the daily newspapers of Central in three consecutive numbers, the electronic portal of the Court, the provincial people's Committee (if any) and broadcast on radio or television station of Central three times in 3 days row.
2. Costs for the post, notice the absence of the person looking at the residence because the request subject.
Article 386. The effect of the decision to search the absence in residence informed decision finding the absence in residence regulated in Article 383 of the laws naturally expire in case people need to look back.
Chapter XXVI PROCEDURE for RESOLVING a REQUEST to DECLARE a MISSING PERSON Article 387. The petition to declare a missing person 1. People have rights, related interests have the right to ask the Court to declare a missing person under the provisions of the civil code.
2. Attached to the petition, the person required to submit documentary evidence to prove the required claims have distinct area of 2 years and over without authentication to news about that person is alive or dead, and demonstrate to the person who requested the full application of the measures notified search; the case before the Court's decision was notified to search who is absent at the place of residence must have a copy of that decision.
Article 388. Prepare review petition to declare a missing person 1. Within 20 days from the date of accepting the petition to declare a missing person, the Court decision notice seeking people were required to declare missing.
2. Content of notice and the publication of the notification made under the provisions of article 384 and 385 of the code. The time limit for the notice seeking people with missing statement requirement is 4, from the date of posting the notice, for the first time.
3. within the notice, if the person was asked to declare the missing return and ask the Court to suspend the review petition, the Court decides to suspend the review petition to declare a missing person.
4. within 10 days from the end of the time limit for the notice specified in clause 2 of this Thing, then the Court must open the session review the petition.
Article 389. The decision to declare a missing person case to accept the petition, the Court decision to declare a missing person; the case required the Court to apply the measures for managing the assets of the people were declared missing and then accepted in the decision to declare a missing person, the courts have to decide measures to manage the assets of that person under the provisions of the civil code.
Article 390. Cancellation of the decision to declare a missing person 1. The Court declares missing return or who have the right, related interests have the right to ask the Court to cancel the decision to declare a missing person under the provisions of the civil code.
2. where the acceptance of the petition, the Court decision to cancel the decision to declare a missing person, which must decide on the legal consequences of the cancellation of the decision to declare a missing person under the provisions of the civil code.
Chapter XXVII PROCEDURE for RESOLVING a REQUEST to DECLARE a PERSON DEAD 391 Thing. The right to request a statement is dead. People have rights, related interests have the right to ask the Court to declare a person dead according to the provisions of the civil code.
2. Attached to the petition, the person required to submit documentary evidence to prove the required statement is dead in the case under the provisions of the civil code.
Article 392. Prepare review petition to declare that a person is dead. Within 20 days from the date of accepting the petition to declare that a person is deceased, the Court decision announced search for information about the required statement is dead.
2. Content of the notification, the notification and disclosure deadlines notice is made as prescribed in clause 2 Article 388 of the civil code.
3. Within the time limit, if the notice of withdrawal request petition or who are required to declare the deceased is returned and reported to the Court, the Court said the decision to suspend the review petition.
4. within 10 days from the date of expiry of the notice, then the Court must open the session review the petition.
Article 393. The decision to declare a person dead cases accept the petition, the Court decision declaring a person dead; in this decision, the Court must determine on the person's death and the legal consequences of having declared a person dead according to the provisions of the civil code.
Article 394. Petition for cancellation of the decision to declare a person dead 1. When a person is declared dead back or there is news that person alive, that person or persons have rights, related interests have the right to request the Court decision to cancel the decision to declare a person dead.
2. Attached to the petition, the person required to submit documentary evidence to prove the person was declared dead Returns or proof of authentication is that person alive.
Article 395. The decision to cancel the decision to declare a person dead cases accept the petition, the Court decision to cancel the decision to declare a person dead; in this decision, the Court must decide on the legal consequences of the cancellation of the decision to declare a person dead according to the provisions of the civil code.
Chapter XXVIII PROCEDURE For RESOLVING A REQUEST To RECOGNIZE THUAN DIVORCES, CUSTODY AGREEMENTS, PROPERTY DIVISION UPON DIVORCE

Article 396. Petition for positive recognition of divorces, custody agreements, property Division upon divorce 1. The wife, the husband asked the Court to recognize Thuan divorces, custody agreements, property Division upon divorce must have the petition. Should have the content specified in paragraph 2 to article 362 of the code.
2. Spouses together asked the Court to recognize Thuan divorces, custody agreements, property Division upon divorce must sign it or only on request. In this case, the husband and wife jointly defined was the request.
3. Attached to the petition, the person required to submit documentary evidence to prove positive agreement of divorces, custody agreement, Division of property upon divorce is lawful and base.
Article 397. Mediation and positive recognition of divorces, custody agreements, property Division upon divorce 1. Within the preparation of review petition, before conducting the mediation to the couple reunited, when it deems it necessary, the judge may consult the management authority of the State of the family, state management bodies of children on family circumstances, causes arising contradictions and aspirations of his wife children related to the case.
2. The judge must conduct the mediation to the couple reunite; explanation of rights and duties between husband and wife, between parents and children, between other family members, about the responsibility of support and other issues related to marriage and family.
3. Cases after mediation, the spouses reunited the judge a decision settling their claim.
4. where conciliation fails, then reunite to judge positive recognition decision divorces and the agreement of litigants under the provisions of article 212 of this Act when it is full the following conditions: a) the two parties actually voluntarily divorce;
b) the two parties have agreed to each other about the split or not to split the common property, the caring, nurturing, care, child education;
c) the agreement must guarantee the legitimate rights of the wife and children.
5. the mediation case does not reunite and the litigants not be agreement on the Division of property, the caring, nurturing, care, education, the family court only addressed the positive recognition of civil divorces, custody agreements, property Division upon divorce and accepting the case to solve. The Court was not informed about the case, not assigned back to judge the case. The resolving is done according to the procedure prescribed by this law, common.
Chapter XXIX PROCEDURE for RESOLVING a REQUEST to DECLARE the CERTIFIED TEXT DISABLE Article 398. The petition claimed the certified text disable 1. Notary made the notary, the notary requirements, witnesses, people who have rights, obligations are concerned, the competent State bodies have the right to ask the Court to declare the certified text disable when there is evidence that the notary has violated law according to the provisions of the law on notary.
2. Petition the Court to declare void the certified text must contain the content of the provisions in paragraph 2 of this law 362 Thing.
3. Attached to the petition, the person required to submit documentary evidence to prove to require a written declaration of invalidity is based and legally.
Article 399. Prepare review the petition text statement of invalidity 1. The time limit for pretrial preparation petition to declare the certified text disable is 1 month from the date of the Court accepting the petition; most of this time limit, the Court must make a decision to open the session to review the petition.
2. after accepting the petition to declare the certified text void, the competent court must notify the notary practice organization, the notary has to perform the notary, the notary requirements, shall have the right, the benefits involved, the competent State agencies and Procurator at the same level.
3. the time limit for pretrial preparation In the petition, if people ask to withdraw the petition, the Court decides to suspend the review petition.
4. within 15 days from the date of the decision to open the session, the Court must open the session to review the petition.
400 thing. The decision declared void the certified text 1. The Court may accept or not accept the petition to declare the certified text disabled.
2. where the acceptance of the petition, the Court decision declaring the certified text disabled. In this decision, the Court must decide on the legal consequences of the certified text statement void under the provisions of the law.
Chapter XXX PROCEDURE For RESOLVING A REQUEST To DECLARE The LABOUR CONTRACT INVALID; COLLECTIVE LABOR AGREEMENTS NULL and VOID Article 401. Request to declare void labor contracts, collective labour agreements void 1. Workers, employers, organized labour representative, the competent State bodies have the right to request the competent court to declare the labour contract, collective labor agreement was void when pursuant to the provisions of the labor code.
2. The petition of the workers, the employers, organizations representing labor collective, written request of competent State agencies must have the content specified in paragraph 2 to article 362 of the code.
Article 402. Consider the requirement to declare void labor contracts, collective labour agreements void 1. The time limit for pretrial preparation required to declare void the labor contract is 10 days, collective labor agreement was void of 15 days from the day the Court accepting the petition. Most of this time limit, the Court must make a decision to open the session to review the petition.
2. after accepting the petition to declare the invalidity of employment contract, collective labor agreement was void, the Court is responsible for sending the notice of acceptance for those in the petition, the employer, representative organizations of labour collective and Procurator at the same level.
3. within a single review or prepare the written request, if the request to withdraw the request, the Court decides to suspend the review application, the required text.
4. within 10 working days from the date of the decision to open the session, the Court must open the session to consider a request to declare the labour contract invalid.
Within 10 days from the date of the decision to open the session, the Court must open the session to consider the request to declare collective labor agreement was void.
5. When considering the petition, the judge may accept or not accept a request to declare void labor contracts, collective labor agreement was void.
The case accepted the request, the judge decision declared void labor contracts, collective labor agreement was void. In this decision, the Court must address the legal consequences of the invalidity of employment contract, collective labor agreement was void.
6. The decision declaring invalidity of employment contract, collective labor agreement to disable to send to people who have single or written request, employers, organized labour and collective representative bodies of State management of labor where the closed business headquarters, State Manager of agency workers the same level in the case of business-related no headquarters in Vietnam.
Chapter XXXI PROCEDURES REVIEW the LEGALITY of the STRIKE Article 403. Ask the Court to review the legality of the strike 1. During the strike, or within a period of 3 months from the date of termination of the strike, the employer, the Organization of collective labor representatives have the right to ask the Court to review the legality of the strike.
2. The person requesting the Court to review the legality of the strike must request the Court. The petition must contain the following principal contents: a) The content of the provisions in paragraph 2 of this law 362;
b) the name, address of organization leadership strikes;
c) the name, address of the employer where the labor collective strikes.
3. Attached to the petition, the person required to submit a copy of the decision to strike, decide or report on the Agency's mediation, the Organization has the authority to resolve collective labour dispute, documentary evidence related to the legality of the strike.
Article 404. The procedure of submitting the petition to the Court to review the legality of the strike procedure of submit, receive applications, the obligation to provide documents and evidence for the review and decision on the legality of the strike in court is done according to the provisions of this law.
Article 405. Jurisdiction to review the legality of the strike 1. The provincial people's Court where the strike occurred are competent to review the legality of the strike.
2. high level people's Court have the jurisdiction to resolve the appeal, the appeal against the decision of the provincial people's Court on the legality of the strike within the jurisdiction of the territory.
Article 406. The composition of the Council consider the legality of the strike 1. The provincial people's Court review the legality of the strike by the Council consisting of three judges.
2. high level people's Court to resolve an appeal, the appeal against the decision on the legality of the strike by the Council consisting of three judges.
Article 407. The participants of the session considering the legality of the strike 1. The legality of a strike because a judge presided; Secretary of the court record the session.
2. Procurator Procurator at the same level.
3. Representative of the collective organization of labour and the employers.
4. agency representatives, organized at the request of the Court.
Article 408. Postponed the session considering the legality of the strike 1. The session reviews the legality of the strike be postponed according to the provisions in Article 233 of this Act of delaying the trial.
2. The deadline postponed the session considering the legality of the strike not to exceed 10 working days from the date of the decision to postpone the session.
Article 409. The legality of the Court considering the legality of a strike in the following cases: 1. The request to withdraw the petition;
2. The parties have agreed to be together on resolving the strike and have a court petition not resolved;
3. The request has been duly summoned for the second time that still absent, except due to unforeseen events, objective obstacle.
410 thing. Procedure for resolving the petition to review the legality of the strike

1. Immediately upon receipt of the petition, the Chief Justice of the provincial people's Court decided to establish the legality of strikes and assigned to a judge presiding over the settlement petition.
2. within 10 working days from the date of receipt of the petition, the judge assigned to preside over the resolution of the petition to the decision to open the session considering the legality of the strike. The decision to open the session considering the legality of the strike must be sent immediately to organize collective labour representative, the employer, the Procuratorate at the same level and the relevant organizations, organs.
3. within 5 working days from the date of the decision to open the session considering the legality of the strike, the legality of the strike to open the session considering the legality of the strike.
Article 411. The order of the session considering the legality of the strike 1. The judge presiding over the session, consider the legality of a strike announced the decision to open the session considering the legality of strikes and content summary petition.
2. the representative of the Organization of collective labor representatives and representatives of the employers presented their opinions.
3. The judge presiding over the session, consider the legality of a strike may request the agency representatives, the organization participated in the session the presentation of comments.
4. the Prosecutor stated opinion of the Procurator on the legality of the strike.
Shortly after the end of the session, the Prosecutor must submit a written statements of opinion for the Court to save the profile.
5. The Council reviews the legality of the strike talk and decided by majority.
Article 412. Decide on the legality of the strike 1. The decision of the Court about the legality of the strike must clearly state the reason and grounds for concluding the legality of strikes.
The decision of the Court about the legality of the strike must be announced publicly at the meeting and sent immediately to organize the collective representation of workers and employers, the Procuratorate at the same level. The labor collective, the employer has the responsibility to enforce the decision of the Court but has the right to appeal; Procurator has the right to appeal that decision.
2. Following the decision of the Court about the legality of a strike is announced, if the strike is illegal, the workers are joining the strike to stop the strike and return to work.
Article 413. Order and procedure for resolving the appeal, the appeal decision on the legality of the strike 1. Immediately after receiving the appeal, decided to appeal against the decision on the legality of the strike, high level people's Court must have a written request to the Court was considering the legality of the strike moved the record to consider, resolve.
2. within 10 working days from the date of receiving the written request, the Court had to decide on the legality of the strike to move the profile for high level people's Court to consider and resolve.
3. within 10 working days from the date of receiving the dossier incident, Chief Justice of the high people's Court decided the Appeals Council reviews the legality of strikes and assigned to a judge presiding over the research records.
Within 5 working days from the date of the people's Court received high profile incident, the Board of appeal must conduct the review of the appeal, the appeal against the decision on the legality of the strike.
The decision of the Appeals Council review the legality of the strike of the high level people's Court is the final decision.
Chapter XXXII PROCEDURE for RESOLVING the CIVIL ACTIVITY RELATED to COMMERCIAL ARBITRATION VIETNAM Article 414. The civil work related to commercial arbitration activities in Vietnam in the jurisdiction of the Court 1. Assign, change the arbitrator.
2. Apply, change, cancellation of provisional measures.
3. Cancel the arbitration ruling.
4. resolving complaints against the decision of the Board of arbitration the arbitration agreement void, arbitration agreement cannot be achieved, the jurisdiction of the Arbitration Board.
5. Collection of evidence.
6. To summon witnesses.
7. Sign the arbitration ruling.
8. The other civil law on commercial arbitration Vietnam has specified.
Article 415. Resolution procedure procedure for resolving civil matters relating to the operation of the Vietnam commercial arbitration is made according to the provisions of the law on commercial arbitration Vietnam.
Chapter XXXIII PROCEDURE for RECOGNITION of OUTER COURT MEDIATION Article 416. Recognition of mediation the mediation results to courts outside the incident outside the Court was the Court review the decision recognized that the results of mediation into the incident happened between the Agency, organization, individual, organization, agency authority has the task of reconciliation has reconciled the provisions of the law on mediation.
Article 417. Conditions for recognition of the mediation outside the courts 1. The parties to the mediation agreement have full capacity for civil acts.
2. The parties to the mediation agreement is who has the right, the obligation for the mediation agreement content. The case of the mediation agreement content related to rights, obligations of third persons must be a third agree. 3. One or both parties petition to the Court.
4. the mediation agreement the contents of the sidebar is completely voluntary, does not violate the prohibition of the law, not immoral society, not to evade obligations to the State or to a third person.
Article 418. Petition for recognition of successful mediation outside the courts 1. The required recognition of the mediation outside the courts must send the application to the Court within a period of 6 months from the date the parties to reach agreement in mediation.
The petition must contain the following principal contents: a) The content specified at points a, b, c, e, f and g of paragraph 2 to article 362 of the code;
b) the name, address of the individual, the Organization has conducted mediation;
c) content, the mediation agreement the requesting court.
2. Attached to the petition, the person required to submit documents about the mediation results in accordance with the relevant legislation.
Article 419. Procedure for recognition of successful mediation outside the courts 1. Procedure for receiving and processing the petition for recognition of outer Court mediation is done according to the provisions in articles 363, 364 and 365 of the civil code.
2. The time limit for pretrial preparation petition is 15 days from the day the Court accepting the petition; most of this time limit, the Court must make a decision to open the session considering the petition.
The time limit for opening the session, consider the petition is 10 days from the date of the Court decision opens the session.
3. the time limit for pretrial preparation In the petition, the judge was assigned a single review has the following rights: a) requires parties to the mediation, people have rights, obligations relating to have comments on the request of the person who has recognized the Court form results into mediation; clarification required content or additional documents, if it deems necessary;
b) requires that agencies, individual organizations have the authority to conduct mediation provides for the court documents as a basis for the review of the claim, if it deems necessary.
Agencies, organizations, individuals are responsible for asking the Court to answer the Court within 5 working days from the date the request was received by the Court.
4. The participants of the session review the petition and procedure review session carried the petition to be made under the provisions of Articles 367 and 369 of the civil code.
5. The judge a decision recognising the mediation results outside the Court when the conditions specified in article 417 of the code. The decision of the Court to have the content of the provisions of article 370 of the code.
6. Judges decision not to recognize the results of the mediation outside the courts for cases not having enough of the conditions specified in article 417 of the code.
The non-recognition of the mediation outside the courts do not affect the contents and the legal value of the results of mediation outside the courts.
7. Decide on the recognition or non-recognition of the mediation outside the Court were sent to participants in mediation agreements, people have the rights, obligations and Procurator at the same level.
8. The decision to recognize or not recognize the results of mediation into outside court enforceable right, not to appeal, protest under procedure of appeal.
9. Decide on recognition of outer Court mediation is executed according to the law on the enforcement of civil judgments.
Chapter XXXIV PROCEDURE for RESOLVING CIVIL MATTERS RELATING to the ARREST of SEA VESSELS, AIRCRAFT 420 Thing. The right to request the Court to arrest the ship, the ship 1. Agencies, organizations, individuals have the right to ask the Court to arrest the ship fly in airports, the airport to ensure that the interests of creditors, the owner, the third person in the ground damage or other person has a right, for the benefit of ships or planes to enforce the provisions of the law of Vietnam civil aviation.
2. Agencies, organizations, individuals have the right to ask the Court to arrest the ship to secure the resolution of a maritime claim, civil enforcement, judicial assistance.
Article 421. The jurisdiction of the court seized the ship, the ship 1. The provincial people's Court where the airports, the airport where aircraft are required to arrest land authority decided to arrest the ship bay.
2. provincial people's Court where the seaport Interior which ships are required to arrest active naval authorities decided to arrest the ship. The case of the port has many harbors in the province, the central city in the people's courts at different levels of the province where the port which ships are required to arrest active naval authorities decided to arrest the ship.
Article 422. The procedure of arrest of ship, aircraft procedure for resolving civil matters relating to the arrest of the ship, the ship is done according to the provisions of the law on arrest of ships, ships.
The seventh part of the PROCEDURES for RECOGNITION and ENFORCEMENT in the PHILIPPINES or NOT RECOGNIZE the VERDICT, the decision of FOREIGN COURTS; RECOGNITION And ENFORCEMENT Of FOREIGN ARBITRATION RULINGS Chapter XXXV

GENERAL PROVISIONS ON THE PROCEDURES FOR RECOGNITION AND ENFORCEMENT IN THE PHILIPPINES OR NOT RECOGNIZE THE VERDICT, THE DECISION OF FOREIGN COURTS; RECOGNITION and ENFORCEMENT of FOREIGN ARBITRATION RULING 423 Thing. The verdict, the decision of foreign courts be recognized and enforcement in Vietnam 1. The verdict, the decision of foreign courts are considering recognition and enforcement in Vietnam: a) judgments, decisions on civil, marriage and family, business, commercial, labour, decision on property in judgments, criminal, administrative decisions of foreign courts are stipulated in international treaties to which the country and the social Republic meaning Vietnam as members;
b) judgments, decisions on civil, marriage and family, business, commercial, labour; the decision about the property in judgments, criminal, administrative decisions of foreign courts that that country and the Socialist Republic of Vietnam is not a member of the international treaties containing provisions on recognition and enforcement of judgments, decisions of foreign courts on the basis of the principle of reciprocity;
c) judgment, the decision of the foreign court is the law of Vietnam recognized regulations and enforcement.
2. Decide on the identity of the family, marriage and other competent agencies of foreign countries are also looking for recognition and enforcement in Vietnam as the verdict, the decision of the foreign court prescribed in paragraph 1 of this article.
Article 424. Foreign arbitration decision be recognised and enforcement in Vietnam 1. Foreign arbitration ruling to be reviewed following the recognition and enforcement in Vietnam: a) foreign rulings which that country and of the Socialist Republic of Vietnam is a member of the International Convention on the recognition and enforcement of foreign arbitration rulings;
b) ruling of foreign arbitration not in cases specified in point a of this paragraph on the basis of the principle of reciprocity.
2. foreign arbitration decision prescribed in clause 1 of this article be considered for recognition and enforcement in Vietnam is the final decision of the Arbitration Board to resolve the whole content dispute, terminate the arbitration proceedings and effective enforcement.
3. foreign arbitration, ruling of foreign arbitration prescribed in clause 1 of this article is determined by the provisions of the Commercial Arbitration Law of Vietnam.
425 articles. The right to ask for recognition and enforcement or non-recognition of a judgment, the decision of foreign courts; recognition and enforcement of foreign arbitration rulings 1. People are executed or their legal representatives have the right to ask the Court to Vietnam recognition and enforcement in Vietnam the verdict, the decision of a foreign court, ruling of foreign arbitration, if the individual is resident, the enforcement work in Vietnam or the Agency , the Organization must have enforcement headquarters in Vietnam or property relating to the enforcement of civil judgments or decisions of foreign courts, the ruling of a foreign arbitration has in Vietnam at the time of the request.
2. People are executed or their legal representatives have the right to request the Court of Vietnam does not recognize the verdict, the decision of a foreign court.
3. Privy, who has the rights, legitimate interests involved or their legal representatives have the right to request the Court of Vietnam does not recognize the verdict, the decision of the foreign court did not have the required enforcement in Vietnam.
Article 426. Guarantee the right to appeal, protest litigants have the right of appeal, the provincial people's Procuratorate, the senior people's Procuracy has the right to appeal the decision of the Court to recognize and enforce judgments recognized or not, the decision of a foreign court decision, recognition and enforcement of foreign arbitration ruling to request-level people's Court review high under the provisions of this law.
Article 427. Enforcing the decision of the Court of Vietnam to recognize and enforce judgments recognized or not, the decision of foreign courts; recognition and enforcement of foreign arbitration rulings 1. The verdict, the decision of foreign courts be Vietnam Court recognition and enforcement in Vietnam in force law such as civil judgments or decisions of the Court of Vietnam has the effect of law and be enforced by civil enforcement procedures. The verdict, the decision of foreign courts are not courts recognized Vietnam, does not have the force of law in Vietnam, unless of course I recognized the provisions of article 431 of the Penal Code.
2. The ruling of the Arbitration Court are Vietnam foreign recognition and enforcement in Vietnam are the rule of law as Vietnam Court's decision has the effect of law and be enforced by civil enforcement procedures.
3. Judgment, decision of a foreign court, ruling of foreign arbitration enforcement in Vietnam only after the decision of the Court of Vietnam recognition and enforcement of judgments, decisions of foreign courts, ruling that foreign arbitration law takes effect.
Article 428. Send the Court's decision on the recognition and enforcement of judgments recognized or not, the decision of foreign courts; recognition and enforcement of foreign arbitration rulings the Court has the responsibility to transfer directly or through the postal service or via the Ministry of Justice for the Court's decision is executed, the person must enforce a judgment, the decision of a foreign court, ruling of foreign arbitration or their legal representative , The Procuratorate at the same level and civil enforcement agency under the provisions of this law.
Article 429. Ensuring the right to transfer money, property, judgment enforcement of civil decisions of foreign courts, the ruling of the foreign State Vietnam secured the transfer of money, property, judgment enforcement of civil decisions of foreign courts, the ruling of the Arbitration Court was Vietnam foreign recognition and enforcement from abroad to Vietnam. The transfer of funds, this property was made in accordance with the law of Vietnam.
Article 430. Fees, costs, consider the petition for recognition and enforcement or non-recognition of a judgment, the decision of foreign courts; recognition and enforcement of foreign arbitration rulings 1. Who asked the Court to recognize and enforce Vietnam or not recognized in Vietnam the verdict, the decision of foreign courts; recognition and enforcement of foreign arbitration fees in accordance with the law of Vietnam.
2. The requirements specified in paragraph 1 of this article must bear the costs of the offshore bombardment text of Vietnam court proceedings related to their requirements.
Article 431. The verdict, the decision of foreign courts, decisions of other competent agencies of foreign countries of course are recognized in Vietnam 1. The verdict, the decision of foreign courts, decisions of other competent agencies of foreign countries do not have the required enforcement in Vietnam and there is no claim not recognized in Vietnam are stipulated in international treaties to which the Socialist Republic of Vietnam is a member.
2. The judgment, decide about marriage and the family of a foreign court, the decision on marriage and the family of the other competent bodies of the foreign country and that of the Socialist Republic of Vietnam is not a member of the international treaties do not require enforcement in Vietnam and there is no claim not recognized in Vietnam.
Chapter XXXVI CLAIM REVIEW PROCEDURES For RECOGNITION And ENFORCEMENT In VIETNAM The VERDICT, The Decision Of FOREIGN COURTS; PETITION for REVIEW PROCEDURES DOES NOT RECOGNIZE the VERDICT, the decision of a FOREIGN COURT REVIEW PROCEDURES section 1 PETITION for RECOGNITION and ENFORCEMENT in VIETNAM the VERDICT, the decision of FOREIGN COURTS Article 432. Time required for recognition and enforcement 1. Within a period of 3 years from the date of the judgment, the decision of a foreign court is in effect, the law is executed, the person who has the rights, legitimate interests involved or their legal representatives have the right to submit to the Ministry of Justice of Vietnam under the provisions of the international treaties to which the Socialist Republic of Vietnam and the country has the Court issued a projects, the same decision as members or Vietnam court jurisdiction prescribed in this law to require the recognition and enforcement in Vietnam, civil decision verdict.
2. where the application to prove because of unforeseen events or objective obstacles that cannot be sent on time to the provisions in clause 1 of this article shall have a period of unforeseen events or objective obstacles that are not calculated in the time limit for submitting an application.
Article 433. Petition for recognition and enforcement 1. Petition for recognition and enforcement must have the following: a main content), their name, address, place of residence or place of employment of the person is executed, the legal representative of that person; If the person is executed is the Agency, the Organization must record the full name and address of the Agency headquarters, that organization;
b), their name, address, place of residence or place of employment of the person must enforce; If people have to enforce is the body, the Organization shall record the full name and address of the Agency headquarters, that organization; the case is executed as individuals do not have place of residence or place of business in Vietnam, who is the Agency's enforcement, the Organization has no head office in Vietnam, then in the petition must specify the address where the property and the type of property related to the enforcement of judgments the decision of foreign courts in Vietnam;
c) required of people who are executed; the case of the verdict, the decision of the foreign court has enforced a part, then the person is executed must specify the part were executed and the rest require the recognition and enforcement in Vietnam.
2. The petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 434. Papers, documents enclosed petition

1. Send the attached petition papers, documents are prescribed in the international treaties to which the Socialist Republic of Vietnam and the country had the Court issued the verdict, the decision of the same members. The case of the Socialist Republic of Vietnam and the country has the judgment, the Court has decided is the Member of international treaties containing provisions on this issue, the petition must have attached to the papers, the following documents: a) the originals or authenticated copies of judgment the decision by the foreign court;
b) the text of a foreign court or other competent authority of the foreign judgment, the decision confirms that the effect of the law, and yet time and enforcement need to be enforced in Vietnam, except in judgment, that decision has clearly shown this content;
c) text of foreign courts or competent bodies of foreign countries to confirm the results of valid judgment served, decided that for debtors;
d) text of a foreign court or competent authority of a foreign person to enforce validation or legal representative of that person has been duly summoned in the case of foreign court judgments in absentia.
2. Papers, documents accompanying the petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 435. Transfer of records to the court case of the Ministry of Justice received the petition and papers, the documents specified in clause 1 Article 434 of the code, within 5 working days from the date of receiving the application, the Ministry of justice must transfer to the court competent according to the provisions of article 37 and article 39 of this law.
Article 436. Accepting the records within 10 working days from the date of receiving the records by the Department of Justice moved to or from the date of receiving the petition and attached documents, papers by people with the request submitted to the Court pursuant to article 363, 364 and 365 of the code to consider , accepting the record and inform the person of the petition, the person must enforce or legal representative at Vietnam, Procurator at the same level and the Ministry of Justice.
Article 437. Prepare petition for review 1. The time limit for pretrial preparation in the petition, the Court has the right to require the person being executed explains the unknown point in the application; ask a foreign court issued the verdict, the decision to interpret the unclear points in the profile.
2. the written request explain of the Court are executed or their legal representative in Vietnam, foreign courts by way of the postal service.
Vietnam court case asking foreign courts interpreted the text language translation requirements stipulated in international treaties to which the Socialist Republic of Vietnam is a member. The case between the Socialist Republic of Vietnam and foreign countries do not yet have the international treaties, the profile must include the country's language translation is required of the judicial assistance or translated into another language that the country be asked to accept. The request for recognition and enforcement in Vietnam the verdict, the decision of the foreign court must bear the costs of translation and the cost of the postal service to send a written request explaining the Court's Vietnam for the foreign court.
3. The time limit for pretrial preparation petition is 4 months, from the date of acceptance. Within this, customize each case that a court in the following decisions: a) temporarily suspend the review petition;
b) suspend the review petition;
c) Open the session considering the petition.
The case required the Court explained according to the provisions in clause 1 of this article, the time limit for pretrial preparation petition are stretched but not more than 12 months. If this time limit expired that the Court does not receive a written explanation of the litigants or by foreign courts, the Court based on the documentation on file to address the request of the litigants.
The Court must open sessions within a period of 12 months from the date of the decision to open the session considering the petition.
The Court transferred the records to the Procuratorate at the same level of research within 15 days before the opening of the session; This time limit runs out, the Procurator must return the record to the Court to open the session considering the petition.
4. The Court of the decision to temporarily suspend the review petition when one of the following bases: a) Who must enforce the individual dead or who have to enforce is the body, the Organization has merged, merge, split, split that has not had the bodies, institutions, individuals inherit the rights and obligations of the Agency proceedings Organization, that individual;
b) debtors are individuals lost the capacity for civil acts that have not yet identified the legal representative;
c) terminating the person's legal representative must enforce that does not yet have a replacement;
d) the enforcement of the judgment, the decision was temporarily suspended in water that the Court issued the verdict, decision;
DD) judgments, the decision being reviewed or is pending review by the proceedings in the country where the Court issued the verdict, that decision.
5. The Court decides to suspend the review petition when one of the following bases: a) the enforced withdrawal of petition or who have to enforce have voluntarily enforce the judgment, the decision of foreign courts;
b) Who must enforce the individual dead rights, obligations of that person is not inherited;
c) Who must enforce is the body, the Organization was dissolved, bankrupt where rights, obligations of the Agency, the organization that has to be resolved in accordance with the law of Vietnam;
d) Who must enforce is the body, the Organization was dissolved, bankrupt without agencies, organizations, individuals would inherit rights, obligations of agency proceedings, the Organization;
DD) Court has decided to open the procedure of bankruptcy for debtors;
e) the Court does not determine a person's address must be enforced and the location where the assets related to the execution;
g) jurisdiction in other court requirements and records were transferred to the Court which resolved;
h) the Court did not identify the location where the assets related to the enforcement in Vietnam in the case of agencies, organizations must execute not have headquarters in Vietnam, the individual must enforce non-residents, work in Vietnam.
Article 438. Petition for review session 1. The petition for review be conducted by the Board at the meeting considering the petition consists of three judges made, in which a judge presided as assigned by the Chief Justice of the Court.
2. Procurator Procurator at the same level joins the session; the case of the absence of the Prosecutor, the Court still conducting the session.
3. The session was conducted in the presence of the person is executed, people are executed or their legal representative; If one of these people is absent, then the first order to postpone the session.
The petition for review was still in progress if people are executed or their legal representative, who must be executed or their legal representatives have the petition to the Court considering the absence of the application or who have to enforce or their legal representative has been duly summoned for the second time that remains absent.
The Council decision to suspend the reviews simple if people are executed or their legal representative has been duly summoned for the second time that remain absent or when one of the grounds specified in clause 5 of this code 437 Thing.
4. When considering petitions for recognition and enforcement, the Council is not to be tried again the case was of foreign court judgments, decisions. The Court only checked, against the verdict, the decision of foreign courts, papers, attached documents requested with the provisions in Chapters XXXV and XXXVI Chapter of this law, the relevant provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member, to serve as a basis for making decisions recognition and enforcement of judgments recognized or not, that decision.
5. After reviewing the petition, the accompanying documents, papers, listen to the opinions of people are summoned, the Prosecutor, the Council discussed and decided by majority.
The Council has the right to recognition of decisions and enforcement in Vietnam or decided not to recognize the judgment, the decision of a foreign court.
6. the time limit for pretrial preparation In the petition, the Court of first instance decides to apply, change, cancel the provisional measures prescribed in Chapter VIII of this law.
Article 439. The verdict, the decision of a foreign court not be recognition and enforcement in Vietnam 1. The verdict, the decision of foreign courts do not meet one of the conditions for recognition specified in international treaties to which the Socialist Republic of Vietnam is a member.
2. The judgment, civil decision not valid law under the provisions of the law of the country with the Court issued the verdict, that decision.
3. Who must enforce or legal representative of that person has been absent from the trial of foreign courts do not be valid or the text of the foreign court not be served to them in a reasonable time limit as prescribed by the law of the country with the foreign court that let them make the right of self-defense.
4. The Court judgment had decided not to have jurisdiction in civil cases under the provisions of article 440 of the code.
5. the Civil Service has had the judgment, the decision has force of law of Vietnam or the Court before the trial authority's case, the Court was accepting Vietnam and is addressing the incident or had the verdict, the decision of the Court of third countries has been recognized by Vietnam's Court and enforcement.
6. project execution time has expired under the law of the country with the Court issued the verdict, decision or civil law civil enforcement of Vietnam.
7. The enforcement of the judgment, the decision has been cancelled or suspended enforcement in countries with already Court judgment, that decision.
8. The recognition and enforcement of civil judgments or decisions of foreign courts in Vietnam is contrary to the basic principles of the law of the Socialist Republic of Vietnam.
440 articles. Foreign courts have the jurisdiction to resolve the dispute, the request

Foreign court judgment, decided that the judgment, that decision is being considered for the recognition and enforcement in Vietnam have jurisdiction in civil cases in the following cases: 1. the civil service is not under the control of the Court specified in article 470 of the Vietnam Ministry of this law;
2. Service civil provisions of article 469 of the code of this but have one of the following conditions: a) the defendant to join litigation opposing ideas without the jurisdiction of foreign courts;
b) civil case have yet to have the verdict, the decision of the Court of third countries has been recognized by Vietnam's Court and enforcement;
c) civil case has been accepting foreign court before accepting the Vietnam Court.
Article 441. Submit the decision of the Court 1. Within 15 days from the date of a decision specified in clause 5 Article 438 of the code, the Court must send the decision to the litigants or their legal representative, the Ministry of Justice and the Procurator at the same level.
2. within 10 working days from the date of the decision to temporarily suspend the decision to suspend the resolution of application prescribed in clause 4 and clause 5 Article 437 of the this law, the Court must send the decision to the litigants or their legal representative, the Ministry of Justice and the Procurator at the same level.
3. Immediately after the decision to apply, change, cancel the provisional measures prescribed in clause 6 of this code 438 Thing, the Court must send the decision to the litigants or their legal representative, the enforcement agencies have the authority, the Ministry of Justice and the Procurator at the same level.
4. Delivery of the decisions of the Court for the litigants in foreign countries are made according to the method prescribed in Article 474 of the Penal Code.
Article 442. The appeal, the appeal 1. Within 7 days from the day the Court decision temporarily suspended, the decision to suspend the review petition and 15 days from the date of the Court decision to recognize and enforce judgments recognized or not, the decision of foreign courts, litigants, their legal representatives have the right to appeal that decision; cases of litigants, their legal representative is not present at the session, consider the petition, then the time limit for appeal is calculated from the date they receive the decision. An appeal to reason and appeal.
In the event of unforeseen events or objective obstacles make the litigants, their legal representative can not appeal within the time limit stated above, then the time has unforeseen event or objective obstacles that are not calculated in the time limit for appeal.
2. Minister provincial people's Prosecutor or Minister Prosecutor senior people have the right to appeal the decision of the Court specified in clause 4 and clause 5 Article 437 and 438 of the Code Article 5 clause.
The time limit for appeal of the provincial people's Procuratorate is 7 days, by senior people's Procuracy is 10 days from the day the Procuracy received the decision.
443 articles. Considering the appeal, the appeal 1. High level people's Court review the decision of the provincial people's Court within the jurisdiction of the territory being appealed, the appeal within a period of 12 months from the date of receiving the record; the case should require explanation as defined in clause 1 and clause 2 of this code 437 Thing then this deadline be extended, but not more than 12 months.
2. Components of the decision being appealed, the appeal of three judges, in which a judge presided as assigned by the Chief Justice of the high people's Court.
The session reviewed the decision being appealed, the appeal was conducted as the session considering the petition specified in article 438 of the code.
3. The decisions been appealed, the appeal has the following rights: a) hold the decision of the Court of first instance;
b) Edit part or all of the decision of the Court of first instance;
c) suspension settle appeals and protests;
d) suspension appeal, protest;
DD) Cancelled the decision of the first instance court and transfer the records to the Court of first instance level to resolve return according to the procedure of first instance;
e) Cancelled the decision of the first instance court and suspend the review petition when one of the grounds specified in clause 5 of this code 437 Thing.
4. The decision of the Court the senior people there of law since the decision and may appeal under the procedure of Cassation, a retrial under the provisions of this law.
Item 2 REVIEW PETITIONS PROCEDURE DOES NOT RECOGNIZE the VERDICT, the decision of FOREIGN COURTS Article 444. Time required does not recognize civil judgments or decisions of foreign courts in Vietnam 1. Within a period of 3 years from the date of the judgment, the decision of a foreign court is in effect, the law must be enforced or their legal representatives have the right to request the Court of Vietnam does not recognize the verdict, the decision of a foreign court.
2. in case the proof is required because of unforeseen events or objective obstacles that cannot ask time prescribed in clause 1 of this article shall have a period of unforeseen events or objective obstacles that are not calculated in the time limit for submitting an application.
445 thing. The petition does not recognize civil judgments or decisions of foreign courts in Vietnam 1. The requirements specified in paragraph 1 to article 444 of the code must make petition. The petition must contain the following principal contents: a), their name, address, place of residence or place of employment of the person must enforce; If people have to enforce is the body, the Organization shall record the full name and address of the Agency headquarters, that organization; the case is executed as individuals do not have place of residence or place of business in Vietnam, who is the Agency's enforcement, the Organization has no head office in Vietnam, then in the petition must specify the address where the property and the type of property related to the enforcement of judgments the decision of foreign courts in Vietnam;
b), their name, address, place of residence or place of employment of the person is executed, the legal representative of that person; If the person is executed is the Agency, the Organization must record the full name and address of the Agency headquarters, that organization;
c) required of debtors; the case of the verdict, the decision of the foreign court has enforced part must specify the part were executed and the rest require not recognized in Vietnam.
2. The petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
446 thing. Papers, documents enclosed petition; petition for review procedures does not recognize civil judgments or decisions of foreign courts in Vietnam 1. Submit the petition's papers, the document stipulated in international treaties to which the Socialist Republic of Vietnam is a member. The case of the Socialist Republic of Vietnam and the country has the judgment, the Court has decided is the Member of international treaties containing provisions on this issue, the attached petition must be originals or copies certified judgments, decisions by foreign courts and papers , documents for the request is not recognized.
2. Papers, documents accompanying the petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
3. procedure for considering petitions, sending the decision of the Court, appeal, protest and appeal, an appeal is made under the provisions of the corresponding thing in section 1 of this Chapter.
Section 3 PROCEDURE for the REQUEST is NOT RECOGNIZED by the JUDGMENT, the decision of FOREIGN COURTS DO NOT HAVE the REQUIRED ENFORCEMENT in VIETNAM Article 447. Time required does not recognize the verdict, the decision of foreign courts do not have the required enforcement in Vietnam 1. Within a period of 6 months from the date of the judgment, the decision has force of law of the foreign court which does not have the required enforcement in Vietnam, litigants, who has the rights, legitimate interests involved or their legal representatives have the right to submit to the Ministry of Justice of Vietnam under the provisions of the international treaties to which the Democratic Republic of the mean Vietnam is a member or the competent court of Vietnam under the provisions of this Act in the case of international treaties to which the Socialist Republic of Vietnam is not specified or has no international treaties related to ask the Court not to recognize judgments , civil decision.
2. where the application to prove because of unforeseen events or objective obstacles that cannot be sent on time to the provisions in clause 1 of this article shall have a period of unforeseen events or objective obstacles that are not calculated in the time limit for submitting an application.
Article 448. The petition does not recognize the verdict, the decision of foreign courts do not have the required enforcement in Vietnam 1. The petition does not recognize the verdict, the decision of foreign courts do not have the required enforcement in Vietnam must have the following: a main content), their name, address, place of residence or place of employment of the applicants; If is, the Organization shall record the full name and address of the Agency headquarters, that organization;
b) required by the application.
2. the petition must be accompanied by the original or a certified copy of judgment, the decision of a foreign court and papers, documents needed to prove its not recognised requirement is grounded and legal.
3. The petition and attached documents, documents in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 449. Procedure for accepting, resolve the petition does not recognize the verdict, the decision of foreign courts do not have the required enforcement in Vietnam 1. The accepting unit, prepare the review petition and review session the petition does not recognize the verdict, the decision of foreign courts do not have the required enforcement in Vietnam are made according to the provisions in articles 436, 437 and 438 of the Penal Code.
2. The petition to have the right to go to one of the following decisions: a) does not recognize the verdict, the decision of foreign courts;
b) petition does not recognize.

3. Judgments, civil decision of foreign court did not have the required enforcement in Vietnam is not recognized in the cases specified in article 439 of the code.
Article 450. Submit the decision of the Court and the appeal, the appeal court's decision sending; the appeal, protest and appeal, an appeal is made under the provisions of article 441, 442 and 443 of the code.
Chapter XXXVII PETITION REVIEW PROCEDURE for RECOGNITION and ENFORCEMENT in VIETNAM'S FOREIGN ARBITRATION RULING 451 Thing. The time limit for filing the request for recognition and enforcement 1. Within a period of 3 years from the date of the decision of foreign arbitration law, the effect is executed, the person who has the rights, legitimate interests involved or their legal representatives have the right to submit to the Ministry of Justice of Vietnam under the provisions of the international treaties to which the Socialist Republic of Vietnam is a member or the competent courts of Vietnam According to the provisions of this Act in the case of international treaties to which the Socialist Republic of Vietnam is not specified or has no international treaties related to ask the Court for recognition and enforcement in Vietnam that ruling.
2. where the application to prove because of unforeseen events or objective obstacles that cannot be sent on time to the provisions in clause 1 of this article shall have a period of unforeseen events or objective obstacles that are not calculated in the time limit for submitting an application.
452 thing. Petition for recognition and enforcement in Vietnam's foreign arbitration rulings 1. Petition for recognition and enforcement in Vietnam's foreign arbitration ruling must have the following: a main content), their name, address, place of residence or place of employment of the person is executed, the legal representative in Vietnam of that person; If the person is executed is the Agency, the Organization must record the full name and address of the Agency headquarters, that organization;
b), their name, address, place of residence or place of employment of the person must enforce; If people have to enforce is the body, the Organization shall record the full name and address of the Agency headquarters, that organization; the case is executed as individuals do not have place of residence or place of business in Vietnam, who is the Agency's enforcement, the Organization has no head office in Vietnam, then in the petition must specify the address where the property and the type of property related to the enforcement of foreign arbitration ruling in Vietnam;
c) requirements of the person being executed.
2. The petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 453. Papers, submit a single document request 1. Submit the petition's papers, the document stipulated in international treaties to which the Socialist Republic of Vietnam is a Member; the absence of international treaties or international treaties are not specified, then the enclosed petition to have papers, the following documents: a) the original or a certified copy of the foreign judgment;
b) original or certified copies of arbitration agreement between the parties.
2. Papers, documents accompanying the petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 454. Transfer of records to the Court 1. Within 5 working days from the date of receiving petitions and papers, the documents specified in Article 453 of the code, the Ministry of justice must transfer to the Court of competent jurisdiction.
2. in case the Ministry of Justice had moved the record to the Court which then receives the notice of the competent bodies of foreign countries said are considering or have to cancel, suspend enforcement of foreign arbitration ruling, the Justice Department must immediately notify in writing to the Court said.
Article 455. Accepting the records within 10 working days from the date of receiving the records by the Department of Justice moved to or receive invoices and paperwork, documents accompanied by people with the petition submitted to the competent court, pursuant to article 363, 364 and 365 of the code to consider , accepting and notified in writing to the person being executed, people are executed or their legal representative in Vietnam, the Procuratorate at the same level and the Ministry of Justice.
Article 456. Move the profile for other courts, to resolve disputes on jurisdiction case after accepting that the Court deems the resolution requires recognition and enforcement in Vietnam's foreign arbitration rulings under the jurisdiction of other courts of Vietnam, the Court was accepting the decision to transfer records to the competent courts and to delete the name of the request in accepting. This decision must be sent immediately to the Procuratorate at the same level and litigants.
Litigants have the right to appeal, the Procurator has the right to petition against this decision within 10 working days from the date of receiving the decision. Order and procedure for resolving complaints, Petitions, resolving disputes on jurisdiction is made according to the provisions of article 41 of this law.
Article 457. Prepare petition for review 1. Within a period of 12 months from the date of acceptance, customize each case that a court in the following decisions: a) temporarily suspend the review petition;
b) suspend the review petition;
c) Open the session considering the petition.
The time limit for pretrial preparation in the petition, the Court has the right to require the person being executed explains the unknown point in the application. In this case, the time limit for pretrial preparation petition are stretched but not more than 12 months.
The Court must open the session within 20 days from the date of the decision to open the session considering the petition. The Court transferred the records to the Procuratorate at the same level of research within 15 days before the opening of the session; This time limit runs out, the Procurator must return the record to the Court to open the session considering the petition.
2. The Court of the decision to temporarily suspend the review petition when one of the following bases: a) of foreign arbitration rulings are to be the competent authority of the country in which the referee ruled the review;
b) Who must enforce the individual dead or who have to enforce is the body, the Organization has merged, merge, split, split that has not had the bodies, institutions, individuals inherit the rights and obligations of the Agency, organization, that individual;
c) debtors are individuals lost the capacity for civil acts that have not yet identified the representative under the law.
During the suspension, the judge was assigned to solve must still have the responsibility for the resolution of the petition.
After you have decided to temporarily suspend the settlement petition under the provisions of this paragraph, the judge is responsible for tracking, urge agencies, organizations and individuals, in order to correct the reasons leading to the temporary suspension in the shortest time to continue to resolve timely petition. When the reasons for suspension no longer, the judge must make a decision to continue to resolve the petition.
3. The Court decides to suspend the review petition when one of the following bases: a) the enforced withdrawal of petition or who have to enforce have voluntarily enforce the ruling of the arbitration;
b) Who must enforce the individual dead rights, obligations of that person is not inherited;
c) Who must enforce is the body, the Organization was dissolved, bankrupt where rights, obligations of the Agency, the organization that has to be resolved in accordance with the law of Vietnam;
d) Who must enforce is the body, the Organization was dissolved, bankrupt without agencies, organizations, individuals would inherit rights, obligations of agency proceedings, the Organization;
DD) the Court did not identify the location where the property in Vietnam of the people must demand enforcement of the enforceable arbitration ruling.
Article 458. Petition for review session 1. The petition for review be conducted by the Board at the meeting considering the petition consists of three judges made, in which a judge presided as assigned by the Chief Justice of the Court.
2. Procurator Procurator at the same level must attend the session; the case of the absence of the Prosecutor, the Court still conducting the session.
3. The session was conducted in the presence of the person is executed, people are executed or their legal representative, if one of these people is absent again have reason to adjourn the session.
The petition for review was still in progress if people are executed or their legal representative, who must be executed or their legal representatives asked the Court to consider the single absence or who have to enforce or their legal representative has been duly summoned for the second time that remains absent.
The application of decision to suspend the resolution if the application is executed or their legal representative has been duly summoned for the second time that remain absent or when one of the grounds provided for in paragraph 3 to article 457 of the code.
4. When considering petitions for recognition and enforcement, the Council is not to be tried again in dispute were foreign arbitration ruled. The Court only checked, against the judgment of the foreign arbitration, papers, attached documents requested with the provisions in Chapters XXXV and Chapter XXXVII of this law, the relevant provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member, to serve as a basis for decision-making or not Recognizing that ruling.
5. After reviewing the petition, the attached documents, papers, listen to the opinions of people are summoned, the Prosecutor, the Council discussed and decided by majority.
The Council has the right to recognition of decisions and enforcement in Vietnam's foreign arbitration ruling or decided not to recognize the ruling of the arbitration.
Article 459. The absence of recognition 1. The Court does not recognize foreign arbitration ruling when it deems the evidence due to the right implementation provides for the Court to oppose the requirements recognized as lawful and grounded, the arbitration ruling in one of the following cases: a) the parties to the arbitration agreement does not have the capacity to enter into legal agreements that apply to each side;

b) arbitration agreement have no legal value according to the law of the country where the parties have chosen to apply or under the law of the country where the verdict was declared, if the parties do not choose the law applicable to that agreement;
c) agencies, organizations, individuals must not be enforced timely notification and appropriate about the appointment of the arbitrator, on the procedures for resolving disputes in foreign arbitration or for other justifiable cause that could not be done right in the proceedings;
d) foreign arbitration decision be declared about a dispute not be resolved or request Parties to exceed the requirements of the parties to the arbitration agreement. The case could split the decision on the matter was required and the decision on the issue is not resolved at arbitration requests abroad then the decision on the matter was required to solve can be recognition and enforcement in Vietnam;
DD) component of the foreign arbitration, the dispute resolution procedures of foreign arbitration not suitable for arbitration agreement or with the law of the country where the foreign arbitration ruling has been declared, if the arbitration agreement does not rule on the matter;
e) ruling of foreign arbitration not compulsory for the parties;
g) ruling of foreign referee be competent authority of the country where the verdict was declared the country's laws or has applied to cancel or suspend the contest.
2. Judgment of the foreign arbitration not to be recognized, if the Court deems Vietnam: a) under the law of Vietnam, the dispute is not resolved by arbitration;
b) the recognition and enforcement in Vietnam's foreign arbitration rulings contrary to the basic principles of the law of the Socialist Republic of Vietnam.
460 articles. Submit the decision of the Court 1. Within 5 working days from the date of the decision to temporarily suspend the decision to suspend the resolution of application prescribed in clause 2 and clause 3 Article 457 of the code, the Court must send the decision to the litigants or their legal representative, the Ministry of Justice and the Procurator at the same level.
2. within 15 days from the date of the decision to recognize and enforce or not recognized in Vietnam foreign arbitration decision prescribed in clause 5 Article 458 of this Act, the Court must send the decision to the litigants or their legal representative The Ministry of Justice and the Procurator at the same level. If the overseas litigant has no legal representative in Vietnam and the Court had decided their absence as defined in paragraph 3 to article 458 of the Penal Code, the Court delivered the decision for them by the postal service or via the Ministry of Justice in accordance with international treaties to which the Socialist Republic of Vietnam is a member.
3. The delivery of the Court's decisions are made according to the method prescribed in Article 474 of the Penal Code.
Article 461. The appeal, the appeal 1. Within 15 days from the day the Court decision the provisions in paragraph 2 and paragraph 3 Article 457 or account of this law 458 5 things, litigants, their legal representatives have the right to appeal that decision; cases of litigants not to be present at the meeting to consider the petition, then the time limit for appeal is calculated from the date they receive the decision. An appeal to reason and appeal.
The case of unforeseen events or objective obstacles make the litigants, their legal representative can not appeal within the time limit stated above, then the time has unforeseen event or objective obstacles that are not calculated in the time limit for appeal.
2. Minister provincial people's Prosecutor or Minister Prosecutor senior people have the right to appeal the decision of the Court specified in paragraph 2 and paragraph 3 Article 457 and 458 of the Code Article 5 clause.
The time limit for appeal of the provincial people's Procuratorate is 7 days, by senior people's Procuracy is 10 days from the day the Procuracy received the decision.
Article 462. Considering the appeal, the appeal 1. High level people's Court review of the decision of the provincial people's Court were appealed, the appeal within a period of 12 months from the date of receiving the record; case of need require interpretation in accordance with paragraph 1 Article 457 of the code, the deadline was extended, but not more than 12 months.
2. Components of the decision being appealed, the appeal of three judges, including one judge presided as assigned by the Chief Justice of the high people's Court. The session reviewed the decision being appealed, the appeal was conducted as the session considering the petition specified in article 458 of the code.
3. The decisions been appealed, the appeal has the following rights: a) hold the decision of the Court of first instance;
b) Edit part or all of the decision of the Court of first instance;
c) suspension settle appeals and protests;
d) suspension appeal, protest;
DD) Cancelled the decision of the first instance court and transfer the records to the Court of first instance level to resolve return according to the procedure of first instance;
e) Cancel the decision at first instance and settling petitions when one of the grounds provided for in paragraph 3 to article 457 of the code.
4. The decisions been appealed, protesting suspension appeal, protest in the following cases: a) privy to appeal the entire withdrawal of the appeal or the Procuratorate to withdraw the entire protest;
b) litigants appeal was duly summoned for the second time that remains absent and no petition addressed absent.
Cases of litigants to appeal the entire withdrawal of the appeal or the Procuratorate to withdraw the entire appeal before the Court of appeal decision to open the session, consider the appeal, the appeal judge was assigned presided the session a decision settling the appeal or protest. The case involved an appeal to withdraw the entire appeals court, Procuracy withdrew the entire appeal after the Court of appeal decision to open the session, consider the appeal, the Appeal Board shall consider the appeal, the appeal decision suspension appeal or protest.
In this case, the decision of the Court of first instance-level legal effect from the date of the Court of appeal decision to suspend consideration of the appeal, the appeal.
5. The decisions been appealed, the appeal to cancel the decision of the first instance court and transfer the records to the Court of first instance to resolve the back according to the procedure of first instance in the following cases: a) The proof of litigants opposing the recognition of a foreign arbitration rulings or pursuant to the first instance court decision recognised or not recognition of foreign arbitration ruling improperly prescribed in Chapter XXXV and Chapter XXXVII of this law, the relevant provisions of the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a Member;
b) components of the menu of the first instance court did not correctly specified in Chapter XXXVII of this law or other serious violation of the proceedings affect the legitimate rights and interests of litigants.
6. The decision of the Court the senior people there of law since the decision and may appeal under the procedure of Cassation, a retrial under the provisions of this law.
Article 463. Temporarily suspended enforcement of the decision, the recognition and enforcement of foreign arbitration rulings 1. Immediately after receiving notification in writing of the authorized body of the foreign work is considering requesting the cancellation or suspension of enforcement of foreign arbitration ruling from litigants or the Ministry of Justice, the Court took a decision and enforcement in Vietnam that ruling to request the heads of civil enforcement agency decision temporary suspension of enforcement of the judgment.
Shortly after receiving the Court's request, the head of civil enforcement agencies decide to temporarily suspend the implementation of the ruling and send the decision to the Court had recognition decisions and enforcement in Vietnam's foreign arbitration rulings, and sent for litigants who has the rights, the obligations involved.
The heads of civil enforcement agencies can apply measures to ensure necessary for continued enforcement of foreign arbitration decision under the provisions of the law on the enforcement of civil judgments if requested by agencies, organizations, individuals were executed.
2. Immediately after receiving notification in writing by the competent authorities of the country in addition to the cancellation or suspension of enforcement of foreign arbitration rulings, court decisions have recognized Vietnam and enforcement in Vietnam ruling of foreign decisions cancel that decision and sent the decision to the Privy who has the rights, obligations, civil enforcement agency.
Shortly after receiving the Court's decision, the heads of civil enforcement agency decides to suspend the enforcement of foreign arbitration rulings.
The eighth part PROCEDURE for RESOLVING CIVIL CASES HAVE FOREIGN ELEMENTS Chapter XXXVIII GENERAL PROVISIONS on PROCEDURE for RESOLVING CIVIL CASES THERE FACTOR ABROAD Article 464. Applicable principles 1. This section regulates the jurisdiction, procedure for resolving civil cases there factor; this case has no regulation shall apply the provisions of the relevant laws to solve.
2. civil cases there factor is civil case in one of the following cases: a) has at least one of the parties involved as individuals, agencies and organizations;
b) parties are all citizens, agency, organization, Vietnam but the establish, change, or terminate the relationship that happens in foreign countries;
c) parties are all citizens, agencies, organized Vietnam but the object of civil relations which in foreign countries.
3. The activities of judicial assistance in civil proceedings be conducted pursuant to the provisions of the law on judicial assistance.

Article 465. Rights, the obligation of the foreign proceeding, the foreign organization, agency, branch, representative office in Vietnam by foreign organizations, agencies and international organizations, representative offices of international organizations in Vietnam, foreign State 1. Alien, organs, foreign organizations, international organizations, representative offices of international organizations in Vietnam have the right to sue to court to ask Vietnam to protect the legitimate rights and interests while being violated or disputed.
Branch, representative office in Vietnam by the agency authorized foreign organizations have the right to sue to court to ask Vietnam to protect the legitimate rights and interests of the Agency, authorized foreign organizations being violated or disputed.
2. When participating in civil proceedings, foreigners, foreign organizations, agencies, affiliates, representative offices in Vietnam by foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam, the foreign State has the right, the obligation of the proceedings as a citizen the Agency, organization, Vietnam.
3. State of Vietnam could apply the principle of reciprocity to restrict the rights of civil litigation of foreigners, foreign organizations, agencies, affiliates, representative offices in Vietnam by foreign organizations, agencies that the Court of the country which has restricted civil rights for citizens Vietnam organization, agency, branch, overseas representative office of the Agency, organization, Vietnam.
Article 466. Legal capacity in civil proceedings, and the capacity of civil litigation behavior of aliens 1. Legal capacity in civil proceedings, and the capacity of civil litigation behavior of foreigners is determined as follows: a) under the law of the country in which the alien have nationalities; the case of an alien who is not nationalities, according to the law of the country where the person resides; If people are not permanent citizenship in Vietnam, the Vietnam law;
b) under the law of the country in which the alien have nationalities and reside in one of the countries which they have nationality if they have many foreign nationals.
The case of the foreign nationality and reside in the country without the same with that country's citizenship under the law of the country in which the alien time longest citizenship;
c) according to the law of Vietnam if foreigners have many nationalities and one nationality that is Vietnam citizenship or alien resident card or card in Vietnam.
2. Foreigners may be qualified recognition the acts of civil proceedings in the Court of Vietnam, if under the provisions of the law of foreign countries, they do not have the capacity for civil acts, but in accordance with the law of Vietnam, they have the capacity in the civil procedure acts.
Article 467. The capacity of the civil proceedings law agency, foreign organizations, affiliates, representative offices in Vietnam by foreign organizations, agencies and international organizations, representative offices of international organizations in Vietnam, foreign State 1. The capacity of the civil proceedings law agency, foreign organizations are determined by the law of the country where the Agency, that organization was established.
The capacity of the civil proceedings Law Branch, representative office in Vietnam by the Agency, foreign organizations are determined by the law of Vietnam.
2. Capacity of civil proceedings law of international organizations, representative offices of international organizations is determined on the basis of international treaties is the base to establish the Organization, regulations of international organisations or international treaties to which the Socialist Republic of Vietnam is a member.
The case of the international organization declared to waive the privileges, exemption, the legal capacity in civil proceedings of international organizations which are determined by the law of Vietnam.
468 articles. Protect the legitimate rights and interests of litigants are foreigners, foreign organizations, agencies, affiliates, representative offices in Vietnam by foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam, foreign State Privy is alien , foreign organizations, agencies, affiliates, representative offices in Vietnam by foreign organizations, agencies, international organizations, representative offices of international organizations in Vietnam, the foreign State involved in the proceedings in the Court of Vietnam have the right lawyer, themselves or others to protect the rights and legitimate interests for themselves under the provisions of the law of Vietnam.
Article 469. Vietnam Court's general jurisdiction in civil cases there factor abroad 1. Vietnam courts have jurisdiction in civil cases have foreign elements in the following cases: a) the defendant is a resident individual, business, long live in Vietnam;
b) defendant's Agency, the organization based in Vietnam or the defendant is the body, the Organization has a branch, representative office in Vietnam for the incident related to the operation of a branch, Representative Office of the Agency, that organization in Vietnam;
c) the defendant has property on the territory of Vietnam;
d) divorce case that plaintiffs or defendants are citizens of Vietnam or the litigants is alien-residents, business, long live in Vietnam;
DD) Service the civil relations which the establishment, change, terminate the relationship that occurred in Vietnam, the object of the relationship is that property on the territory of Vietnam or the work to be performed on the territory of Vietnam;
e) Service the civil relations which the establishment, change, termination of relations that occur outside Vietnam territory but are related to the rights and obligations of the Agency, organization, individual Vietnam or headquarters, the residence in Vietnam.
2. After determining the jurisdiction of the Court under the provisions of this chapter in Vietnam, the Court applies the provisions of chapter III of this law to determine the jurisdiction of the Court specifically settles civil case have foreign elements.
470 articles. The separate jurisdiction of the Court of Vietnam 1. The civil case has the following foreign elements in the separate jurisdiction of the Court in Vietnam: a) civil cases that are relevant to the right to property is real estate on the territory of Vietnam;
b) in the case of divorce between Vietnam nationals with foreign citizenship or no citizenship, if both spouses reside, do business, long live in Vietnam;
c) civil cases where the parties chosen Vietnam to resolve Court according to the law or international treaties to which Vietnam Republic of Vietnam's Socialist members and the parties agreed to choose the Court of Vietnam.
2. The civil has the following foreign elements in the separate jurisdiction of the Court in Vietnam: a) the requirement not to have disputes arising from civil-law relations specified in paragraph 1 of this article;
b) requirements determine a legal event that occurred on the territory of Vietnam;
c) declared Vietnam citizens or foreigners residing in Vietnam were missing, dead if disqualifying which involves establishing rights, obligations on the territory of Vietnam, except in the case of international treaties to which the Socialist Republic of Vietnam is a member otherwise;
d) declared foreigners residing in Vietnam with limited capacity for civil acts, lost the capacity for civil acts if disqualifying which involves establishing rights, obligations on the territory of Vietnam;
DD) property on the territory of Vietnam is unattended, the recognition of ownership management for property on the territory of Vietnam.
Article 471. Do not change the jurisdiction of the Court in civil cases have foreign elements had been a Vietnam Court accepting the resolution according to the rules of the jurisdiction of this law, they must be in that Court continue to settle although in the process of resolving a change of nationality , place of residence, the address of the litigants or have new details make the civil case that the jurisdiction of the other court of Vietnam or of a foreign court.
Article 472. Return the petition, petition or settling civil cases there factor abroad in case there was agreement to arbitration agreement, choose the Court or foreign court, arbitration or other competent organs of the foreign settlement or litigants are entitled to judicial immunity 1. Vietnam Court must return the petition, petition or settling civil cases there factor abroad if the civil case under the jurisdiction of the Court in Vietnam but in one of the following cases: a) The litigants agreed chooses to dispute resolution under the rules of the law applicable to civil relations have foreign elements and selected the referee or foreign courts to resolve the case.
The case of the parties change the arbitration option agreement or foreign court by agreement to choose Vietnam's Court or the arbitration option agreement or a foreign court is disabled or cannot be performed, or to arbitration or to a foreign court denied accepting the simple Vietnam Court still has jurisdiction;
b) incident is not under the jurisdiction of the Court specified in article 470 of the Vietnam Ministry of this law and the separate jurisdiction of the foreign court concerned;
c) Service not under the jurisdiction of the Court specified in article 470 of the Vietnam Ministry of this law and was a referee or a foreign court accepting the settlement;
d) incident has been resolved by the judgment of a foreign court decision or ruling of the arbitration.
The case of the verdict, the decision of the foreign court, ruling of a foreign arbitration court are not recognized by Vietnam, the Vietnam Court still has jurisdiction to resolve the case;
) defendant was entitled to judicial immunity.
2. return the single case or settling a civil case have foreign elements specified in paragraph 1 of this article, the advance payment of court fees, the fees are processed according to the provisions of this law.
Article 473. Asked to provide personal information, specifying the address of the overseas litigants

1. The petitioner, the person required to complete them, the name, address, nationality of foreign litigants in the petition, the petition attached papers, authentic document, last name, address, nationality of litigants.
Where does the full record, last name, address, nationality of foreign litigants or lack of content on it must complement within the time limit fixed by the Court, the expiry of which shall be supplied without the Court returned the petition, petition.
2. No case determine the addresses of foreign litigants, the petitioner, claimant may request the Court suggested Vietnam Agency for foreign authorities determine the address of the litigants or may request the competent authorities to search people at the absence of residence or ask the Court to Vietnam or authorized agencies of the the foreign litigant statement missing or dead under the provisions of the law of Vietnam or foreign law or international treaties to which the Socialist Republic of Vietnam is a member.
The case Agency of competent jurisdiction of the foreign court in reply to Vietnam failed to determine the address of the overseas litigants or after 6 months without a reply, the Court returned the petition, petition.
Article 474. The method of bombardment, the text message in the proceedings of the Court for the litigants abroad 1. The Court made the bombardment text message, the proceedings of the Court in one of the following methods: a) according to the method specified in international treaties to which the Socialist Republic of Vietnam is a Member;
b) along with foreign litigants domiciled in the country in which that country and Socialist Republic of Vietnam is not a member of the international treaties;
c) according to the way the postal service to the address of residence abroad with legal conditions that agree with this method of bombardment;
d) according to the way the postal service to the representative body of the Socialist Republic of Vietnam abroad to bombardment for litigants is Vietnam citizens abroad;
DD) Organization, Agency for foreign representative offices, branches in Vietnam, the bombardment could be made through a representative office, branch at Vietnam under the provisions of this law;
e) by the postal service for the legal representative or authorized representative in Vietnam by foreign litigants.
2. The method of Song dynasty reaches specified in point a and point b paragraph 1 this is done according to the law for judicial assistance.
3. where the bombardment method prescribed in clause 1 of this article make no results then the Court conduct listed in the Agency headquarters representatives of the Socialist Republic of Vietnam abroad, the Court is addressing the incident or in residence the last of litigants in Vietnam in term 1, and reported on the information portal of the Court (if any), the electronic portal of the representative body of the Socialist Republic of Vietnam; where necessary, the Court may announce through the channel of foreign radio or television station of Central three times in 3 consecutive days.
Article 475. Collect evidence outside the Court made gathering evidence abroad in one of the following methods: 1. Prescribed in point a and point b paragraph 1 Article 474 of the Penal Code;
2. The postal service asked litigants Vietnam citizens are residing abroad submit papers, documents, and evidence for the Court of Vietnam.
Article 476. Notification of acceptance, opening the session, court 1. The Court must send a notice of the case, which stated the time, location, open the session examined the hand, approach, publicly the evidence and mediation (hereinafter referred to as the mediation session), reopen the mediation session, opened the trial and reopen the trial in the written notice of the case to the litigant in a foreign country.
2. The time limit for the trial opening, the mediation session is determined as follows: a) the mediation session must be opened as early as 6 months and the latest is May 8, since the date of written notice of the case. On reopening the mediation session (if any) determined on ways to open the session of mediation, 1;
b) the trial must be open as early as 9, and at the latest within 12 months from the date of written notice of the case. On reopening the trial (if any) determined on ways to open the trial April 1, except in the case prescribed in paragraph 4 to Article 477 of the code.
3. The Court must send a notice accepting civil, which stated the time, location, open the session, addressed the session back open in the text notification handle civil matters for foreign litigants.
The session must be opened as early as 6 months and the latest is May 8, since the date of written notice accepting civil. On reopening the session to resolve civil matters (if any) determined how to open the first session of day 1 of the month.
Article 477. Handle the result text served in the proceedings of the Court for the litigants and the results requires the competent authorities of the country in addition to collecting evidence when the received results and the results served to gather evidence abroad, as the specific cases that the courts handling as follows : 1. Do not open the session of mediation when the received results served in one of the manners specified in paragraph 1 to Article 474 of the code of this, litigants have provided sufficient testimony, documents, evidence and civil lawsuits in the case does not proceed to mediation are specified in article 207 of the code;
2. mediation session if Postponement had received notice of the bombardment had finished but on open mediation session that the Court still does not receive the testimony, documents, and evidence of litigants and recommended they not be absent in the mediation session. If on arrival reopen the mediation session that overseas litigants still absent, the Court determines this is the case not proceed to mediation;
3. The Court postponed the trial in the following circumstances: a) overseas litigants suggested delaying the first trial;
b) overseas litigants are absent at the first trial, unless they have a single proposal to trial in absentia;
4. The Court does not receive written notice of the results also served as testimony, documents, and evidence of overseas litigants and to the Court's opening day overseas litigants are not present, there is no single recommended trial in absentia, the Court postponed the trial. Just after the trial adjourned, the court documents suggest the Justice Department or agency representatives of the Socialist Republic of Vietnam abroad informed about the implementation of the text served in the proceedings of the Court for the litigants abroad in the court case made the song reached through these agencies in one of the manners specified in the points a, b and d of paragraph 1 to Article 474 of the code.
Within a period of 12 months from the date of receipt by the Court, the representative body of the Socialist Republic of Vietnam abroad must notify the Court of the results of the bombardment text proceedings for overseas litigants.
Within 10 days from the date the Ministry of Justice received the text of the Court, the Ministry of justice must have text suggest the agency competent in foreign answer on the results of the judicial trustee.
Within 5 working days from the date of receipt of the competent authority abroad send about the Ministry of justice must answer to the Court.
Expiry of 3 months from the date of transfer of court documents to the competent authorities in foreign countries without the written reply was received, the Ministry of justice must inform the Court to make the base of the case;
5. the trial court absent overseas litigants in the following cases: a) the Court has received the results served as one of the bombardment method prescribed in clause 1 Article 474 of the code of this, litigants have provided sufficient testimony, documents, evidence and litigants suggested the trial in absentia;
b) the Court has taken the measures provided for in paragraph 3 to Article 474 of the Penal Code;
c) the Court does not receive notification of the competent authority under the provisions of paragraph 4 of this Article about the results of the bombardment for overseas litigants;
6. If the Court received written notice of the bombardment were not achieved due to them, the name, address of the litigant or litigants have moved to a new address but unknown new address, the Court addressed the following: a) the Court required plaintiffs and relatives in the country of foreign litigants (if any) provided the correct address or new address of the overseas litigants. The Court further served notice of acceptance for overseas litigants at the address by the plaintiffs, relatives in the country of foreign litigants provided;
b) If the plaintiff, like relatives in the country of the litigants or relatives are not provided in the country of the litigants refuses to provide the correct address, or the new address of the overseas litigant or litigants in foreign countries without relatives like in Vietnam, the Court decides to suspend the resolution of the case. At the same time, the Court explained to the petitioner knows the right to ask the Court to notify search engines is equivalent to the absence in the residence or ask the Court to declare the equivalent of the missing or dead;
c) where the plaintiff is requesting divorce Vietnam citizens with residence abroad that may not make the provision of proper them, your name, address or the address of the new alien at the request of the Court even though the plaintiff, their relatives or competent authorities of Vietnam or oversea conducted verification news alien's address, but no results then the plaintiffs ask the court notice on the electronic portal of the Court (if any), the electronic portal of the representative body of the Socialist Republic of Vietnam; where necessary, at the request of the plaintiff, the Court may announce through the channel of foreign radio or television station of Central three times in 3 consecutive days.

In this case, the Court was not served the proceedings text again for overseas litigants. Expiry of 1 month from the date of posting the notice, the Court conducted a trial in absentia litigants.
Article 478. Recognized papers, the document issued by the Agency, organization, foreign individuals sent to Vietnam Court 1. Vietnam recognized the court papers, the document issued by the Agency, the competent foreign organization, level, confirmed in the following cases: a) papers, documents and certified Vietnamese translation, authentication has been legalized consuls;
b) papers, documents that are free of consular legalized under the provisions of the law of Vietnam or the international treaties that Vietnam Socialist Republic is a member.
2. The Court recognized Vietnam papers, documents by individuals resident abroad in the following cases: a) papers, documents created in a foreign language has been translated into Vietnamese, notarized legal endorsement under the provisions of the law of Vietnam;
b) papers, documents are set up abroad be notarized, certified under the provisions of the law of foreign countries and has legal Consul;
c) papers, the document by the citizen overseas Vietnamese in Vietnam have the signature of the person who created the document, and the documents were notarized, certified in accordance with the law of Vietnam.
Article 479. The deadline to appeal the verdict, the decision of the court hearing civil cases have foreign elements 1. Privy in Vietnam have the right to appeal the verdict, the decision of the Court within the time limit specified in article 273 of the civil code.
2. Litigants domiciled abroad are not present at the trial, the deadline to appeal the verdict, the decision of the Court is 10 months from the date of the judgment, the decision served or from the date of the judgment, the decision to list valid under the provisions of the law.
3. where the trial court absent overseas litigants as specified in point 5 of the 477 paragraph c this law, the time limit for appeal is 12 months from the date of pronouncement of the judgment.
Article 480. Served, notice of the proceedings and text processing results served, notice the text of the proceedings of the Court of appeal for the litigants in a foreign court of appeal made the bombardment, a text notification handle litigation results served, notice the text of the proceedings for the overseas litigants as stipulated in articles 474 , 476 and 477 of this law.
Article 481. Identify and provide foreign law to the courts apply in settling the civil case has foreign elements Vietnam court cases apply foreign law to settle civil cases have foreign elements in accordance with the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is the Member responsible for identifying and provide foreign law are as follows: 1. where the litigants are entitled to choose the law applicable is the law and chose to apply foreign law, is obliged to offer foreign law which is for the Court to resolve the case. The Privy is responsible for the accuracy and legality of foreign law has to offer.
The case of the litigant not agree together on foreign law or in case of necessity, the Court requested the Ministry of Justice, Ministry of Foreign Affairs, the representative body of the Socialist Republic of Vietnam abroad or through the Foreign Ministry suggested the diplomatic representations of foreign countries in Vietnam to offer foreign law;
2. Case law of Vietnam, international treaties to which the Socialist Republic of Vietnam's membership rules have to apply foreign law, the litigant has the right to offer foreign law to the Court or courts request the Ministry of Justice, Ministry of Foreign Affairs or representative organs of the Socialist Republic of Vietnam abroad provide foreign law;
3. The Court may request the Agency individual organizations have expertise on foreign law provides information on foreign law;
4. the expiry of 6 months from the date of the Court required to provide foreign law under the provisions of this Article without results, the courts apply the law of Vietnam to settle the civil case.
The ninth section, JUDGMENT ENFORCEMENT of CIVIL DECISIONS of COURTS Chapter XXXIX ENFORCE CIVIL judgments or DECISIONS of the COURT Article 482. The verdict, the decision of the Court be enforced 1. The verdict, the decision of the Court be enforced as judgments, decisions have force of law, including: a) the judgment, decision or judgment, the decision of the Court of first instance cannot be appealed, the appeal under the procedure of appeal;
b) judgment, the decision of the Court of appeal;
c) the decision of Cassation or court retrial; the decision of the Council of judges of the Supreme People's Court stipulated in article 360 of the code;
d) judgments, decisions of foreign courts, the ruling of the Arbitration Court was Vietnam foreign recognition and enforcement in Vietnam.
2. The following decision, judgment of the Court of first instance is executed immediately even though it could have been an appeal, appeal, appeal, petition: a) judgments, decisions on alimony, paid labour, getting employees back to work, pay wages, retrenchment, lost labor support , loss of job subsidies, social insurance, unemployment insurance, medical insurance or compensation of damage to life, health, the loss of the spirit of the citizens; decide on the legality of the strike;
b) decide on the application of provisional measures.
Article 483. Recognition and interpretation of rights and civil enforcement requirements 1. In case the verdict, the decision of the Court decision is enforced under the provisions of article 482 of the code is in part the decision of the verdict, the decision of the Court to specify the content of the right to request the enforcement of the judgment, the obligation of execution, time of request execution.
2. When a judgment, decision, the Court must explain to the litigants to know about the right to request the enforcement of the judgment, the obligation of execution, time required to enforce the judgment under the provisions of the Civil Enforcement Act.
Article 484. Granted the judgment, the decision of the Court When the judgment, the Court's decision in the case is executed according to the provisions of article 482 of the Penal Code, the Court issued the verdict, that decision must be issued to the execution and who must enforce court judgments or decisions that have scored "to enforce".
Article 485. The time limit for delivery of the judgment, decision 1. The Court issued the verdict, the decision provided for in paragraph 1 to article 482 of the code must be delivered the judgment, decided that for civil enforcement agencies have the authority within a period of 12 months from the date of the judgment, the decision has the effect of law, unless the law otherwise.
2. The Court issued the verdict, the decision specified in point a of paragraph 2 of this Law 482 Thing is delivered the judgment, decided that for the enforcement agency of competent jurisdiction within 15 days from the date of the judgment or decision.
3. The Court had decided to adopt provisional measures, to decide on the legality of a strike is delivered the decision for civil enforcement agency of competent jurisdiction immediately after the decision.
4. where the competent authority has to levy of property, custody of assets, seizing evidence or seized other documents relevant to the enforcement of the judgment then delivered the verdict, the decision for civil enforcement agencies, the Court must submit a copy of the levy , the custody of the property, seizing evidence or other relevant documents.
486 thing. Explained, corrected the judgment, the decision of the Court 1. The project is executed, who must enforce the judgment, people have rights, obligations related to the enforcement of the judgment, the Court's decision and judgment enforcement agencies have the right to request in writing the Court issued the verdict, decision, interpretation, fix the unclear points in the judgment the decision to enforce.
2. did the judge decide or judge is presiding has the responsibility to explain, the unknown point in the judgment, the Court's decision. Their case is no longer a judge of the Court, the Chief Justice of that Court has the responsibility to explain, fix the verdict, the decision of the Court.
3. The interpretation of the judgment, the Court's decision is based on the trial record, the minutes of the session, minutes of deliberation. Repairs to the verdict, the decision was made according to the provisions of article 268 of the code.
Article 487. Solve the requirements, recommendations with respect to the verdict, the decision of the court case civil enforcement agencies recommendations regarding the review of the verdict, the decision of the Court under the procedure of Cassation, retrial, the competent court must reply within a period of 3 months from the date of the petition; the complex case, the time limit for the reply not so 4, from the date of receiving the written petition.
Article 488. The authority, exemption procedures, reduce the obligation to enforce the judgment against the State budget revenues of the Court 1. Exemption authority, reduce the obligation to enforce the judgment against the State budget revenues of the Court is determined as follows: a) district-level people's Court where civil enforcement agencies are organizing the enforcement of the judgment is based, has the jurisdiction to consider the exemption proposal, reducing the obligation to enforce the judgment against the State budget revenues;
b) provincial people's Court have jurisdiction to review by appeal procedures for exemption, reduction of the obligation to enforce the judgment against the State budget revenues of the Court being Procurator protest;
c) senior people's Court jurisdiction to consider under procedure of a retrial long decision, reduce the obligation to enforce the judgment has the effect of laws of the Court within the jurisdiction of the territory being protested.
2. Order and exemption procedures, reduce the obligation to enforce the judgment against the State budget revenues are made according to the regulations of the Civil Enforcement Act.
The tenth part of HANDLING BEHAVIOR IMPEDES the OPERATION OF CIVIL PROCEEDINGS; COMPLAINTS, accusations in the CIVIL LITIGATION Chapter XL HANDLE ACTS IMPEDES the OPERATION OF CIVIL PROCEEDINGS Article 489. Handle the behavior thwarted operation to verify, collect evidence of the conduct of the proceedings

People would have one of the following behaviors, then depending on the nature and extent of the violation, which could be disciplined, the administrative sanction or prejudice criminal liability under the provisions of the law: 1. Do the fake ruin important evidence interfere with the resolution of the case by the Court;
2. Refuse to declare, declare the cheating or provided false documents as evidence;
3. Reject the conclusion or refused to provide the documents without justifiable reasons, the conclusion untrue;
4. Knowingly false translation;
5. election of Board participants Not identified at the request of the Court without good reason; do not participate in performing the duties of the Board evaluation without good reason;
6. Hinder the conduct of the proceedings conducted due diligence review, evaluation, inspection or verification, collecting evidence by this law provisions;
7. Cheating, bribes, threats, forced, to use force to prevent the witnesses testify or forcing others out deceptive witness;
8. Cheated, bribed, threatened, forced, to use force to prevent the examiner performing the duties or forcing the examiner concluded with the truth objectively;
9. Cheated, bribed, threatened, forced, to use force to prevent the translators perform tasks or forcing the translator translate dishonest, not objective, not proper.
Article 490. Intentional behaviour dealt not under a court summons 1. The witness, interpreter, the examiner has been duly summoned but the Court deliberately did not go to court or not present at the trial, the session without good reason and if the absence of them interfere with the gathering of evidence or verification, the then Government sanctioned under the provisions of the law.
2. In the cases specified in paragraph 1 of this article, the Court has the right to make decisions that led to the trial witness Awards, sessions, unless witnesses are minors. The decision led the tournament the witnesses must specify the time, place and decisions; they, the name, the position of the decision; they, the name, date of birth, place of residence of the witness; time, location, witnesses must be present.
3. The police have a duty to enforce the Court's decision lead witness award. The decision led the tournament the witnesses to read, explaining the decision to award the prize lead sufferers guide know and set the minutes about the lead.
Article 491. Handling violations of trial rules 1. People are violations of the rules of trial provisions of article 234 of the code, depending on the nature and extent of the violation, which could be presiding administrative sanctions as provided by law.
2. the presiding has the right decision compels the person violated the provisions in clause 1 of this article to leave the courtroom. The police have a duty to protect the trial or who have a duty to protect the Court's order enforcing the decision of the presiding on the forced to leave the courtroom or administrative detention of people disrupting the order at the trial.
3. in case the Court rules violations to be prejudice criminal responsibilities then the courts have the authority to prosecute criminal cases under the provisions of the law on criminal proceedings.
4. The provisions of this Article also apply to the person of violations at the session of the Court.
Article 492. Handle offensive acts, harming the honor, prestige of the Court, the honor, the dignity, the health of the person conducting the proceedings or others performing the duties at the request of the Court Who have derogatory acts, harming the honor, prestige of the Court, the Honorable , the dignity, the health of the person conducting the proceedings or others performing tasks as requested by the Court depending on the nature and extent of the violation that sanctioned administratively or be blind for criminal liability in accordance with the law.
Article 493. Handle acts impedes the provision, delivery, receipt, t text message, the proceedings of the Court Who have one of the following behaviors, then depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice to criminal liability in accordance with the law : 1. Do not make the grade, delivery, served, notice the text of the proceedings of the Court at the request of the Court without good reason;
2. Destroy the text of court proceedings that yourself assigned to level, served, notice at the request of the Court;
3. Fake the results of sending a text message, the proceedings of the Court which alone is delivered;
4. Block level, delivery, receipt, t text message, the proceedings of the Court.
Article 494. Handle acts impedes representatives of agencies, organizations or individuals to participate in the proceedings at the request of the Court Who have life threatening behaviour, assault or abuse dependence in order to obstruct the representatives of the agencies, organizations or individuals to the court session, according to the Court's summons, then depending on the nature , the level of violation that sanctioned the administration or arrested save for criminal liability in accordance with the law.
Article 495. Handle the behavior does not enforce the decision of the Court regarding the provision of documents and evidence to the Court or give false information in order to hinder the resolution of the case of the Court 1. Agencies, organizations, individuals cannot enforce the Court's decision about providing the documents, evidence that the Agency, organization or individual that is managed, stored, it can be the Court of administrative sanctions as provided by law.
2. The acts of putting false in order to obstruct the Court resolving, then, depending on the nature and extent of the violation that sanctioned administratively or be blind for criminal liability in accordance with the law.
Article 496. Handle the behavior interfere with the resolution of any civil case by his influence on the impact behavior of any kind for judges, members of the Board of review in order to make the resolution of the incident are not objective, not the right, then the law depending on the nature , the level of offense that was disciplined, the administrative sanction or prejudice criminal liability under the law.
Article 497. The responsibility of the Court, the Prosecutor in the court case to prosecute criminal cases 1. The court case to prosecute criminal cases according to the provisions in clause 3 and clause 4 Article 491 of this Act shall within 15 days from the date of the decision to prosecute, the Court must be transferred to the Procuratorate authorities decided to prosecute the case and document evidence to prove the offence.
2. the Procurator is responsible for reviewing, processed according to the provisions of the code of criminal proceedings.
Article 498. Sanctions, competence, sequence, procedure, sanctions sanctions, competence, order and procedures of administrative sanction for acts impedes the operation of civil proceedings is made according to the provisions of Law handling administrative violations and relevant legislation.
Chapter XLI COMPLAINTS, accusations in CIVIL PROCEEDINGS Article 499. The decision, acts in civil proceedings may be the complaint 1. Agencies, organizations, individuals have the right to appeal the decision, acts in civil proceedings, the conduct of civil proceedings when there is a base for that decision, behavior that is against the law, infringe the legitimate rights and interests.
2. With respect to the verdict, the decision of the first instance, appellate, Cassation Court retrial, if there are appeals, appeals and other proceedings decisions by conducting civil proceedings issued if there is a complaint, the recommendations are not addressed under the provisions of this chapter which are settled according to the provisions of the corresponding chapter of this law.
500 things. Rights, obligations of the complainant 1. The complainant has the following rights: a) themselves or through a legal representative complaint;
b) complaints in any stage of the process of the case;
c) Withdraw a complaint at any stage of the complaint resolution process;
d) received a written reply on the acceptance in order to resolve the complaint; receiving the complaint resolution decision;
DD) restored the rights and legitimate interests have been violated, to compensation for damages under the provisions of the law.
2. The complainant has the following obligations: a) the complaint to the right person has jurisdiction;
b) honestly, providing information, documentation for the resolution of complaints; responsible before the law for the content of the presentation and the provision of information, that document;
c) not abuse the right to complain to hinder the operation of the court proceedings;
d) executive decisions, the behavior of the person conducting the proceedings without a complaint in time to complain;
DD) accepted the complaint resolution decision has legal effect.
Article 501. Rights, the obligation of the person with the complaint 1. People complained of have the following rights: a) is known to the grounds of the complaint of the complainant; giving evidence on the legality of the decisions, acts in the proceedings complained of;
b) received complaints about decisions decisions, acts in its proceedings.
2. The person complained of have the following obligations: a) the explanation of the decision, acts in civil proceedings complained of; provide information, relevant documents when agencies, organizations, individuals have the authority required;
b) accepted the complaint resolution decision has legal effect;
c) compensation, reimbursement or redress consequences of decisions, acts in civil proceedings is unlawful cause its in accordance with the law.
Article 502. Time limits complaints time limits complaints is 15 days from the date the complaint is received or learned of the decision, the proceeding that the person acts that have violated the law.
The case of unforeseen events or objective obstacles that the complainant did not make the right to complain in time specified in this time, then there are unforeseen event or objective obstacles that are not calculated in the time of the complaint.
Article 503. Complaint form

The complaint must be made by petition. In the complaint must indicate the day, month, year; they, the name, the address of the complainant; the content, the reason for the complaint, the complainant's request, signed or the complainant's only points.
Article 504. Authority to resolve complaints against the decision, the behavior of the person conducting the proceedings 1. Appeal, the conduct of the person conducting the proceedings as judge, Deputy Chief Justice, Inquisitor, Secretary of the Court, the people's assessors by the Chief Justice courts are the competent civil settlement.
As for the appeal, the Court acts of Chief Justice of the Court, the Chief Justice of the Court on a direct level have jurisdiction.
2. Appeal decisions, the behavior of the person conducting the proceedings is the Prosecutor, Inspector, Deputy Procurator by the Minister the Prosecutor is resolved.
For claims decisions, acts in the proceedings of the Minister the Prosecutor then Minister superior prosecutor has jurisdiction.
3. Complaints complaint resolution decision of the first Court Chief Justice, Chief Procuratorate Institute prescribed in clause 1 and clause 2 of this Court by the Chief Justice on a direct level, Minister superior prosecutor directly addressed.
Article 505. Time limit complaints time limit for complaint resolution is the first 15 days from the day the Court, Procurator receives complaints. Where necessary, to service the complex nature of the complaint resolution time limit can be extended but not exceeding 15 days from the date of expiry of complaint resolution.
Article 506. Content of the complaint resolution decision the first time 1. The complaint resolution decision must first settle your complaint in writing. Decision on complaint resolution must have the following content: a) the day, month, year of decision;
b) the name, address of the complainant, who complained of;
c) the content of the complaint;
d) results to verify the content of the complaint;
DD) pursuant to law to resolve the complaint;
e) content decision resolving the complaint.
2. decision on complaint resolution must first be sent to the complainant, the individual, agency or organization concerned; the case is the decision of the Chief Justice, the Court must send to the Procuratorate at the same level.
Article 507. Complaints procedure for the second 1. Within 5 working days from the date the complainant received the complaint resolution decision first, if not agree with that decision then has the right to complain to the person who has the authority to resolve the complaint the second time.
2. The complaint must be accompanied by a copy of the decision to settle the complaint and accompanying documents.
The complaint must indicate the date, may apply; they, the name, the address of the complainant; the content, the reason for the complaint; signed or the complainant's only points.
3. decision on complaint resolution II must have the following content: a) The content of the provisions in points a, b, c, d and DD clause 1 of this code 506 Thing;
b) results in complaints of the first complaint resolution;
c) conclusions on specific issues in the content of the complaint of the complainant and the resolution of the complaints.
4. decision on complaint resolution II must be sent to the complainant, the individual, agency or organization concerned; the case is the decision of the Chief Justice, the Court must send to the Procuratorate at the same level.
5. decision on complaint resolution times two in effect executed.
Article 508. Complaints about the judge in civil litigation the settlement complain about the examiner activity in civil proceedings be conducted pursuant to the provisions of the law on the judicial inspection and related laws.
Article 509. People have the right to denounce individuals have the right to report to the Agency, organization, personal authority on violations of the law of the authority conducting the proceedings causing damage or threat of damage to the interests of the State, the legitimate rights and interests of the Agency , organization, individual.
Article 510. Rights, obligations of the accused 1. The report has the following rights: a) submit or report directly to the Agency, organization, personal jurisdiction;
b) require secrecy, their name, address, his autographs;
c) asked to be notified of results to resolve accusations;
d) requires the Agency, organization or individual has the authority to protect when threatened, retaliation, revenge.
2. The report has the following obligations: a) honestly about the content of the report;
b) clearly, his name and address;
c) responsible before the law about the false accusations.
511 articles. Rights, the obligation of the person reported 1. People have reported the following rights: a) to be informed of the content of the report;
b) give evidence to prove the content of the report is not true;
c) Is restoring the legitimate rights and interests infringed; be rehabilitated, to compensation for damage caused by the accusations not true cause;
d) requires agencies, organizations, individuals with authority to handle the accusations false.
2. The person who had reported the following obligations: a) explanation about the reported behavior; provide information, relevant documents when agencies, organizations, individuals have the authority required;
b) accepted the decision of the Agency handled, organized, competent individuals;
c) compensation, reimbursement or recovery by the civil procedure acts left his law induced under the provisions of the law.
Article 512. The authority and the time limit for settling the denunciation 1. To report violations of the law of the competent person conduct the proceedings in the competent bodies, the head of the agency that it has the responsibility to solve.
The case reported is the Chief Justice, Deputy Chief Justice of the Court, the Director, Deputy Procurator, the Chief Justice of the Court on a direct level, the superior prosecutor Minister directly responsible for solving.
The time limit for settling accusations is not more than 2 months from the date of acceptance; for complex cases, the timelines to resolve accusations may be long over, but not more than 3 months.
2. To report on violations of the law that signs of crimes are solved according to the rules of the code of criminal proceedings.
Article 513. Procedure for resolving report procedure for resolving accusations made under the provisions of the law on the accusations.
Article 514. The responsibility of the person who has the authority to resolve the complaint, report 1. Agencies, organizations, individuals have the authority within the scope of the task, their powers are responsible for receiving and timely resolution, proper law; strict handling of the breach; adopt the necessary measures to prevent the damage that can occur; guarantee for solving decision be enforced strictly and be responsible before the law for his decision.
2. Who has the authority to resolve complaints, accusations that are not addressed, the lack of responsibility in solving illegal settlement, then depending on the nature and extent of the violation being disciplined or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 515. Prosecutor obey the law in the resolution of complaints, accusations in the civil litigation Library Prosecutor Prosecutor obeys the law in resolving complaints, accusations in a civil proceeding under the provisions of the law. Procurator has the right to request, petitions for the Court of the same level and lower level, agencies, organizations and individuals have the responsibility to ensure the resolution of complaints, accusations are grounded, lawful.
Chapter XLII 516 Thing ENFORCEMENT TERMS. Amendments and supplements to some articles of the Labor Code No. 10/2011/QH13 1. Article 51 be amended and supplemented as follows: "article 51. The Authority declared the contract null and void labor people's courts have the right to declare the contract null and void. "
2. Abolish the article 223, 224, 225, 226, 227, 228, 229, 230, 231, 232 and 234 section 5 of chapter XIV of The labour law No. 10/2011/QH13.
Article 517. Effect 1. This Act has effect from 1 July 2016, unless the following provisions of this Act are relevant to the provisions of the Civil Code No. 91/2015/QH13 shall have effect from 1 January 2017: a) the provisions relating to the Court not be rejected because the reasons do not yet have legislation to application of the provisions in paragraph 2 article 4, articles 43, 44 and 45 of this Act;
b) regulations related to people who have difficulty in cognitive, behavioural mastery;
c) provisions related to the applied time limits in paragraph 2 to article 184 Article 217 paragraph 1 e and points of this law;
d) regulations concerning the legal person is represented, the guardian.
2. The code of civil procedure no. 24/2004/QH11 was amended and supplemented by Act No. 65/2011/QH12 expire from the date this law have enforceable, except the provisions of article 159 and point h paragraph 1 Article 192 continues to have effect until the end of December 31, 2016.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ this law was the National Assembly of the Socialist Republic of Vietnam locked XIII session through October 25, 2015./.