LAW on amendments and supplements to some articles of the code of civil procedure _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on amendments and supplements to some articles of the code of civil procedure no. 24/2004/QH11, article 1.
Modify, Supplement The civil procedure rules: 1. Article 7 is modified and supplemented as follows: "article 7. The responsibility to provide documentary evidence of the individual, the organizational bodies are competent individuals, agencies and organizations in the scope of the mission, his powers have a responsibility to provide complete and timely for the litigants, Court, Procuracy, evidence that his documents are kept management, upon request of the litigants, Court, and procuratorate are responsible before the law on the provision of documents and evidence; in case of failure to provide notice in writing to the litigants, Court, procuratorate and stating the reason of the failure to provide documents and evidence. "
2. Article 16 is amended and supplemented as follows: "article 16. To ensure the impartiality of those conducting or participating in civil court Chief Justice, judges, jurors, court clerk, Minister Prosecutor, Prosecutor, the interpreter, the examiner, assessment Board members not be conducted or participated in the proceedings, if there are reasons to believe that they may not be impartial in action service, their powers. "
3. Article 21 is amended and supplemented as follows: "article 21. Prosecutor obeys the law of civil procedure 1. The people's Procuratorate 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. people's Procuratorate participated in the sessions of the first instance for civil matters; the trial for the case because the court proceeding to collect evidence or object is the property disputes, public interest, land use, housing or have a party litigant is minors, persons with physical defects, mental.
3. people's Procuratorate attend the trial session, appeals, Cassation, retrial.
4. the Supreme People's Procuracy coordinated with the Supreme People's Court passed this Thing. "
4. Supplement Article 23a as follows: "Article 23a. Guarantee the right to debate civil litigation in process to resolve civil cases, court warrants to the parties litigant, who protected the legitimate rights and interests of litigants made the right debate to defend the legitimate rights and interests of litigants. "
5. Article 25 be amended and supplemented as follows: "article 25. The civil disputes in the jurisdiction of the Court 1. Disputes between individuals with personal Vietnam nationality.
2. Disputes over property ownership.
3. civil contract disputes.
4. Disputes on intellectual property rights, technology transfer, except in the case prescribed in clause 2 Article 29 of this law.
5. property inheritance disputes.
6. Disputes about compensation contracts.
7. Disputes about land use, of property attached to the land under the provisions of the law of the land.
8. Disputes related to media activities in accordance with the law.
9. Disputes related to a request to declare the certified text disabled.
10. Disputes involving coerced property to enforce the judgment under the provisions of the law on the enforcement of civil judgments.
11. 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.
12. The other civil disputes that the law has stipulated. "
6. Article 26 is amended and supplemented as follows: "article 26. The civilian requirements in the jurisdiction of the Court 1. A request to declare a person lost the capacity for civil acts or with limited capacity for civil acts, cancelled the decision to declare a person lost the capacity for civil acts or decisions limited claims the capacity for civil acts.
2. Required notice seeking people absent from the residence and property management of that person.
3. A request to declare a missing person, cancellation of the decision to declare a missing person.
4. A request to declare a person dead, cancellation of the decision to declare a person dead.
5. The request for recognition and enforcement in Vietnam 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 the property in judgments, criminal decision , administration of foreign courts that have no required enforcement in Vietnam.
6. Request to declare the certified text disabled.
7. Request to determine the ownership, the right to use the property; Division of common property to enforce the judgment under the provisions of the law on the enforcement of civil judgments.
8. Other requirements of the law which has regulated. "
7. Article 31 is amended and supplemented as follows: "article 31. The labor disputes in the jurisdiction of the Court 1. Individual labor disputes between workers with the employers that labor mediation board base, labor mediator of the State administration of labour district, district, town or city in the mediation but the party does not perform or improperly , no mediation or mediation is not within the time limit prescribed by law, except the following disputes are not necessarily through mediation at the Base: a) on the handling of labor discipline in the form of layoffs, or about the case of unilateral termination of labor contract;
b) About compensation between workers and employers; on subsidies when terminating labor contracts;
c) Between the families with the employers;
d) About social insurance under the provisions of the law on labour;
DD) About compensation between workers with the enterprise, organization career brought laborers working 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 of the district, County, city, town in the resolve that the labour collective or the employer does not agree with the decision of the Chairman of the district people's Committee County, town, city or province in which the time limit too Chairman people's Committee of the district, the County, towns and cities in the province are not resolved.
3. other labor disputes that the law has stipulated. "
8. Supplement Article 32a as follows: "Article 32a. 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 decision clearly contrary to the law of Agency, organization, the Agency's authority, the organization that violated the rights, legitimate interests of litigants in civil cases in which the Court has a duty to solve. In this case, agency, organization, the Agency's authority, the organization that has the right and obligation to participate in the proceedings.
2. where the civil service having regard to individual decision being required to cancel the provisions in clause 1 of this article, then that particular decision was the Court considered in the same incident. The Court's jurisdiction to settle civil cases that are determined according to the provisions of article 29 and article 30 of the law on administrative proceedings.
3. the Supreme People Court presiding in coordination with the Supreme People's Procuratorate and the Ministry of Justice guidelines for implementing this Thing. "
9. Article 33 be amended and supplemented as follows: "article 33. The authority of the district people's Court, County, town, city in the province of 1. District people's Court, County, town, city in the province (hereinafter referred to as district-level people's Court) has jurisdiction under the procedure of first instance disputes: a) civil disputes, marriage and family, the provisions of article 25 and article 27 of this law;
b) business disputes, trade provisions in clause 1 Article 29 of this law;
c) labor disputes prescribed in clause 1 article 31 of this law.
2. district-level people's courts have jurisdiction of the following requirements: a) civilian requirements stipulated in paragraphs 1, 2, 3, 4, 6 and 7 Article 26 of this law;
b) ask about marriage and family as defined in paragraph 1, 2, 3, 4 and 5 of article 28 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, foreign courts are not in the jurisdiction of the people's courts at district level. "
10. Article 35 be amended and supplemented as follows: "article 35. 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 25, 27, 29 and 31 of this Act;
b) litigants have the right to negotiate with each other in writing ask the Court to place of residence, work of the plaintiff, 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 25, 27, 29 and 31 of this Act;
c) where the Court has jurisdiction to resolve the dispute over the estate.
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 or with limited capacity for civil acts resided, worked to have the required jurisdiction to declare a person lost the capacity for civil acts or with limited capacity for civil acts;

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) the Court has a decision to declare a missing person or is dead, have the required jurisdiction to cancel the decision declared missing or 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 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 must enforce the decisions of foreign residence, 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 decisions have the jurisdiction to resolve the request for recognition and enforcement in Vietnam the decision of the arbitrator;
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, Division of property upon divorce to reside, work has jurisdiction requires positive recognition of divorces, custody, Division of property upon divorce;
I) Court where one of the parties to the agreement on the change directly raising children after divorce to reside, work has jurisdiction requires recognizing the agreement on changes to the direct custody after divorce;
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 notary, notary offices have 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 under the provisions of the law;
o) the authority of the Court according to the Territory addressed the requirements related to the Vietnam trade arbitration to resolve the dispute are made according to the provisions of the law on commercial arbitration. "
11. Article 36 be amended and supplemented as follows: "article 36. 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 to 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 security, 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 stipulated in paragraphs 1, 2, 3, 4, 6 and 7 Article 26 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 paragraph 1 Article 28 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. "
12. Article 37 be amended and supplemented as follows: "article 37. Civil case transfer for other courts, resolving disputes about competence 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, litigants, individuals, agencies and organizations concerned.
Litigants, individuals, agencies and related organizations have the right to appeal, the Procurator has the right to petition this decision within three working days from the date of receiving the decision. Within three 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's courts at district level in the provinces, the cities of different central or between provincial people's Court by the Chief Justice of the Supreme People's Court to resolve.
4. the Supreme People's Court passed this Thing. "
13. Article 58 be amended and supplemented as follows: "article 58. Rights, obligations of litigants 1. The litigants have the right to equal service, participation in the proceedings.
2. When proceedings, litigants have the right to, the following obligations: a) retain, modify, supplement or withdraw the request under the provisions of this law;
b) provides documentation, evidence, proof to protect the rights and legitimate interests;
c) requires individuals, agencies, organizations are hosting, document management, document provided evidence, that evidence for her to deliver to the Court;
d) suggested the Court to verify, collect documents and evidence of the case that could not be done yourself or request the Court to summon witnesses, referendum, valuation, valuation;
DD) are known and documented, copy documents, evidence, due to the other litigants to present or because the Court collected;
e) suggest that the Court decided to apply, change, cancellation of provisional measures;
g) negotiate with each other on the resolution of the case; join the mediation conducted by the Court;
h) receiving valid to exercise their rights, obligations;
I) protect or defend the rights of others and thanks to legitimate interests for themselves;
k) to join the trial;
l) require changes to the conduct of the proceedings, persons involved in proceedings under the provisions of this law;
m) argue at the trial;
n) recommended the court give people have rights, obligations relating to participate in the proceedings;
o) pose the question with others about issues related to the case when allowed by the Court or propose to the Court the issue should ask with others; be confront with each other or witnesses;
p) issued verdict excerpts, the decision of the Court;
q) Must be present according to the summons of the Court and the decisions of the Court during the case;
r) respect the Court, accepted the rules of the trial;
s) appeal, appeal the verdict, the decision of the Court under the provisions of this law;
t) suggest that people have the right to protest under procedure of Cassation, retrial verdict, the decision of the Court has legal effect;
u) an advance payment of court fees, advance fees, court fees, fees and costs as provided by law;
v) accepted the verdict, the decision of the Court has legal effect;
x) suggest the Court temporarily suspended the case under the provisions of this law;
y) of the rights, other obligations prescribed by law. "
14. Article 59 is amended and supplemented as follows: "article 59. Rights, the plaintiff's obligations 1. The rights of litigants, obligation stipulated in article 58 of this law.
2. Withdraw part or all of the requirements to sue; change the content required to sue. "
15. Article 60 is amended and supplemented as follows:

"It is 60. Rights, the obligation of the defendant 1. The rights of litigants, obligation stipulated in article 58 of this law.
2. Was the Court informed about being litigated.
3. Accept or reject in whole or in part the plaintiff's request.
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. "
16. Article 63 be amended and supplemented as follows: "article 63. The protection of the legitimate rights and interests of litigants 1. The protection of the legitimate rights and interests of litigants who are privy thanks to court and accept proceedings in order to protect the legitimate rights and interests of litigants.
2. The following persons are accepted as the courts protect 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) Vietnam citizens have the capacity for civil acts in full, not yet convicted or sentenced but was deleted projects, not in the case are being applied in administrative processing measures taken on the basis of healing, educational establishments; not the officers, public officials in the judiciary, prosecution and public 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. "
17. Article 82 be amended and supplemented as follows: "article 82. Sources of evidence and evidence was collected from the following sources: 1. The document read, hear, see;
2. The physical evidence;
3. Testimonies of litigants;
4. The testimony of witnesses;
5. Concluding assessment;
6. Record the results on the spot appraisal;
7. Customs;
8. property valuation, valuation of assets;
9. other sources of law are rules. "
18. Article 85 is amended and supplemented as follows: "article 85. Collection of evidence 1. In the event it deems the documents and evidence in civil cases not sufficient basis to address the judge asked litigants filed additional documents delivery, evidence.
2. in the cases specified by this Act, the judge 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) decided the property valuation, property valuation requirements;
DD) reviewed, appraised in place;
e) entrust the collecting, verifying documents and evidence;
g) requires individuals, agencies and organizations provide the document read, hear, see or other artifacts related to the resolution of the civil case.
3. When conducting regulatory measures at points b, c, d, e, f and g of paragraph 2 of this article, the judge must decide, which stated the reason and the Tribunal's request.
4. the Procurator has the right to require litigants, individuals, agencies and organizations to provide the records, documents and physical evidence to ensure the realization of the right to protest under procedure of Cassation, appeal and retrial. "
19. Article 90 is amended and supplemented as follows: "article 90. Referendum-inspection 1. Under the agreement the parties litigant's choice or at the request of a party or privy to, judge examiner referendum decision. In the referendum decision examiner must indicate the name, address of the examiner, the examiner should object, these issues need assessment, specific requirements should be the conclusion of the examiner.
2. The examiner get the examiner referendum decision to conduct inspections in accordance with the law.
3. In case it deems the conclusion not yet full, clear or has violated the law at the request of a party or privy to, the judge decides additional assessment or assessment.
Who made the earlier assessment was not performed examiner again. The person who conducted the proceedings in that case, the provisions of paragraphs 1.2 and 3 Article 46 of this law is not done the assessment. "
20. Article 92 is amended and supplemented as follows: "article 92. Property valuation, valuation of property 1. The parties have the right to negotiate the price of the property, select the property valuation organization.
The Court decision contested property valuation in the following cases: a) at the request of a party or Privy;
b) the parties to an agreement with each other or with the Organization of valuation under low price in order to evade the obligation to the State.
2. 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 paragraphs 1, 2 and 3 Article 46 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 on price for the property valuation Board valuation.
3. financial authorities and the professional bodies concerned have the responsibility of election valuation 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 to the Council valuation; who was sent to join the Council valuation not to participate without good reason, then, depending on the level of violation dealt with according to the provisions of the law.
4. The reviews should be written into documents, 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 signature thereon.
5. At the request of a party or the litigants, the Court required property valuation organisations to conduct valuation. The valuation of assets is done according to the rules of the law of property valuation. Property valuation results are considered as evidence if the valuation was conducted in accordance with the provisions of the law.
6. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties detailing and guiding the implementation of this. "
21. Article 94 be amended and supplemented as follows: "article 94. Personal requirements, agency, organization that provides evidence 1. In the event the litigants have adopted necessary measures to collect evidence that still can't collect, you can ask the Court to proceed to collect evidence in order to ensure the settlement of the civil case.
The Court asked litigants gather evidence must specify the issue to prove; need to collect evidence; Why not collect it yourself; they, the individual's name, address, the name, address of the business, organizations are managed, stored evidence needs to collect it.
2. The Court, procurator can directly or by written request to individuals, agencies, organizations are managing retention, gives his evidence.
Individuals, agencies and organizations are managed, stored and evidence have a responsibility to provide adequate, timely evidence at the request of the Court, the procurator within fifteen days from the date of the request; the case does not provide adequate, timely evidence at the request of the Court, the Procurator, the offense level depending may be processed under the provisions of the law. "
22. Article 159 was amended and supplemented as follows: "article 159. Time, time required 1. Time civil case is the duration for which the owner is entitled to ask the Court to resolve civil cases to protect the legitimate rights and interests infringed; If the time limit that end then lost the right to sue, unless otherwise specified by law.
2. the time required to resolve civil matters is the deadline by which the subject is entitled to ask the Court to resolve civil matters to protect the rights and legitimate interests of individuals, agencies, organizations, public interest, the interests of the State; If that period ends, the loss of the right to request, unless otherwise specified by law.
3. Time civil cases are made according to the provisions of the law. Case law has no regulations about the time civil case shall do the following: a) dispute about ownership of the property; the dispute about the reclaim the property by another Manager, possession; disputes over land use rights under the provisions of the law of the land shall not apply time;
b) dispute not in cases specified in point a of this paragraph, the time civil case is two years from the date the individual, agency or organization know the rights and legitimate interests of themselves being violated.
4. the time required to resolve civil matters are made according to the provisions of the law. Case law has no regulations about the time of the request, the time required to resolve the civil court is one year from the date of arising of rights requires, except the civil work related to civil rights of the people of the individual do not apply time limits requirements. "
23. Article 164 is amended and supplemented as follows: "article 164. The form and content of the petition 1. Individuals, agencies and organizations to sue must do the petition.
2. 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, address of the petitioner;
d) name, address of person having rights and interests be protected, if any;
DD) name, address of the person being sued;
e) the name, address of the person who has the rights, obligation, if any;
g) specific problems requires the Court to resolve against the defendant, who has the rights, the obligations involved;

h), last name, address of the witness, if any.
3. The petitioner's individual must sign or point only; the petitioner is the Agency, organization, the legal representative of the Agency, that organization have to sign and seal the last part menu; case litigated to protect the rights, legitimate interests of minors, who lost the capacity for civil acts shall petition due to the legal representative of the person signing or the point only. Attached to the petition to have the documents, the evidence for the petitioner's request is legitimate and well-grounded.
The case of the petitioner does not know the word, don't look, don't be yourself signing or just point it must have witnesses and this person must sign in front of the competent people's Committee's authentication level. Certificate authority of the people's Committee of social certification before the petitioner and witnesses. "
24. Article 168 was amended and supplemented as follows: "article 168. Return the result of the petition, the petition returns 1. The Court returned the petition in the following cases: a) the petitioner does not have the right to sue or do not have enough capacity for civil acts;
b) incident has been 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 physician for divorce, please change, change the level of support, the level of compensation for damage Please change the property manager, the change manager 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 due to not yet eligible to sue;
c) expiry of notice prescribed in clause 2 Article 171 of this law that the petitioner did not submit receipts advance court fee to the Court, unless there are objective obstacles or force majeure;
d) Not eligible to sue;
DD) the case not in the jurisdiction of the Court.
2. When returning the petition and attached documents and evidence for the petitioner, the Court must have text stating the reason for returning the petition, sent to the Procuratorate at the same level.
3. Litigants have the right to file a petition in the following cases: a) the petitioner has the right to sue or have enough capacity in the civil procedure acts;
b) for divorce, please change, change the level of support, the level of compensation, please change your property manager, change the Manager 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 requests by not yet eligible to sue;
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. "
25. Article 170 is amended and supplemented as follows: "article 170. Complaints, make recommendations and resolve complaints, Petitions regarding returning the petition 1. Within three working days from the date of receiving the petition and attached documents and evidence by the Court to pay back, the petitioner has the right to complain to the Chief Justice the Court returned the petition.
Within three working days from the date of receipt to return the petition of the Court, Procurator at the same level have the right to petition to the Chief Justice of the Court returned the petition.
2. within three working days from the date of receiving complaints, Petitions regarding returning the petition, Chief Justice of the Court to one of the following decisions: a) hold the return of the petition;
b) received the petition and attached documents and evidence to proceed with the case.
3. within seven working days from the date of receiving the decision answered the complaint, recommendations about the return of the petition of Chief Justice of the Court, the petitioner has the right to appeal, the Procurator has the right to petition to the Chief Justice of the superior court review, resolve.
4. within ten working days from the date of receiving complaints, Petitions regarding returning the petition, Chief Justice of the superior court directly 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 Superior Court's final decision. The decision of the Chief Justice of the superior court directly must be sent immediately to the petitioner, the Procuratorate at the same level, the Procuracy has proposed and the Court has a decision to return the petition. "
26. Article 176 is amended and supplemented as follows: "article 176. 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 petitioner, 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) kept asking side elements and requirements of the plaintiffs, who have interests, related obligations have demanded independence has 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 make a claim before the Court Prosecutor opposed the decision to take the case to the trial of first instance. "
177. Article 27 is amended and supplemented as follows: "article 177. Right to request independent of the people who have rights, obligations relating to 1. In case 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 Court decision to take the case to the trial of first instance ".
184. Article 28 is amended and supplemented as follows: "article 184. The mediation session component 1. Presiding judge mediation.
2. The Secretary of the court record in mediation.
3. The litigants or legal representative of the litigants.
In the case there are many litigants, which is equivalent to the absence, but the litigants present still agree to proceed with mediation and mediation that does not affect the rights, obligations of litigants are absent, the judge conducting the mediation 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 mediation session. The judge announced the adjournment session of mediation and the mediation session reopened for litigants to know.
4. where necessary, the judge may ask individuals, agencies and relevant organizations to participate in mediation sessions.
5. Interpreter, if litigants do not know Vietnamese. "
29. Supplement Article 185a as follows: "article 185a. The sequence of mediation 1. Before proceeding to mediation, the court clerk reported the judge about the presence, absence of the participants in the mediation session was the court notice. Presiding judge mediation check the presence and identity of the participants in the mediation session.
2. presiding judge mediation according to the content of the conciliation provisions of article 185 of the code.
3. The litigant or the litigant's legal representatives presented their opinions about the content dispute and propose the issue to mediation.
4. The judge determine the issues agreed by the parties, the matter is not yet uniform, and request the parties privy to additional content presentation unknown, not yet.
5. The judge concluded on matters the parties litigant has the mediation and questioned. "
30. Article 189 is amended and supplemented as follows: "article 189. Suspension settle civil case 1. Litigants is the individual deaths, agency, organization has merged, split, split that does not yet have the individual, organization, agency, successor rights and obligations of individuals, agencies and organizations.
2. individual litigants lost the capacity for civil acts that have not yet identified the representative under the law.
3. Terminate the legal representation of litigants that not yet have a replacement.
4. the need to wait for the outcome of the case or other related things to be regulated is right by the Agency, other organization resolved before solve the case.
5. the need to wait for the results of the judicial trustee or waiting for organs, the organization provides material evidence as required by the Court to solve the case that the time limit for settling out.
6. Other cases prescribed by law. "
192. Article 31 is amended and supplemented as follows: "article 192. Settling civil cases 1. After the case in its jurisdiction, the Court decision settling civil cases the following cases: a) the plaintiff or defendant is deceased that personal rights, their obligations not inherited;
b) organs, the Organization has been dissolved or declared bankruptcy without the individual, agency or organisation would inherit rights, obligations of agency proceedings, the Organization;
c) the petitioner withdrew the petition and the Court accepts or the petitioner had no right to sue;
d) organs, the organization draws text to sue in case there is no plaintiff or plaintiffs asked not to continue resolving;
the litigants have) agreement and does not ask the Court to continue the case;
e) plaintiff was duly summoned to the second that is still absent, except where that person may petition addressed absent or because of unforeseen events;

g) 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;
h) time has run out;
I) The case prescribed in clause 1 Article 168 of this code that the Court was accepting;
k) other circumstances as stipulated by law.
2. Court decisions settling civil cases, delete the name of the case in accepting and returning the petition and attached documents and evidence for litigants if required ".
193. Article 32 be amended and supplemented as follows: "article 193. 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 there is nothing other than the previous case of plaintiffs, defendants and legal relations of the dispute, except in the cases prescribed in paragraph 3 Article 168 , the points c, e and g of paragraph 1 to article 192 of the code of this and other cases prescribed by law.
2. In the case of court decisions settling civil cases as specified at points a, b, d, e, f and k paragraph 1 Article 192 of the code of this cash advance fees that litigants have filed are sung to the State Fund.
3. In the case of court decisions settling civil cases as specified in the c, g, h and i of paragraph 1 to article 192 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. "
195. Article 33 be amended and supplemented as follows: "article 195. 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 other person to sue ask the Court to resolve the case, people have rights, obligations involved;
DD), last name judges, jurors, and court clerk, last name judges, people's jurors attended, if applicable;
e), last name, taking the trial Prosecutor, Prosecutor 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, the Procuratorate at the same level as soon as 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 to the Procuratorate at the same level; within a period of fifteen days from the date of the record, the Procurator must research and return the records to the Court. "
199. Article 34 is amended and supplemented as follows: "article 199. 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 must be present; the event of the absence, the trial adjourned the trial, except where that person may petition the trial in absentia.
The court notice to litigants, the representative, who protected the legitimate rights and interests of litigants to know the postponed 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, if the absence is not due to force majeure events shall be treated as follows: a) the plaintiff, represented by the absence of the law without representative participated in the trial shall be considered from the start and the Court decision to suspend the case for petitioner request of that person, unless that person has a single proposal to trial in absentia. The plaintiff has the right to sue, if time still;
b) defendant, whose rights, obligations associated with no independent requests absent without the representative participated in the trial, the Court conducted a trial in absentia;
c) Who have interests, related obligations have demanded independence absence without representatives participated in the trial shall be deemed abandoned its independence request and the Court decided to suspend the resolution required for the independent 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 towards independent requirements that, if time still;
d) Who protect the legitimate rights and interests of litigants are absent, the Court still conducting a trial in absentia. "
35. Article 202 amended and supplemented as follows: "Article 202. 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 specified in point b and point d item 2 Article 199 of this code. "
36. Article 208 was amended and supplemented as follows: "article 208. The deadline postponed the trial and decided to postpone the trial of 1. In the case of trial decision adjourned the trial as stipulated in paragraph 2 to article 51, paragraph 2 Article 72, article 199, 204, 205, 206, 207, 215, paragraph 4 Article 230 and other cases under the provisions of this law, it shall postpone the trial period is not more than thirty 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;
DD) the reason for delaying the trial;
DD) time, place to reopen the trial.
3. Decides to postpone the trial to be presiding on behalf of trial sign and public notice for the participants in the proceedings; for a absences shall send them immediately to court decisions that, at the same time send to the Procuratorate at the same level.
4. in the following cases when delayed 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. "
37. Article 234 be amended and supplemented as follows: "article 234. Speaking of the Prosecutor 1. After the participants in the proceedings and debate speech for response, the Prosecutor stated opinions about the subject of law in the proceedings in the course of the case, the judge's trial; the observance of the law of civil procedure participants, since the case before the time of trial.
2. the Supreme People's Procuracy coordinated with the Supreme People's Court passed this Thing. "
257. Article 38 be amended and supplemented as follows: "article 257. 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 three working days from the date of the case, the Court must be notified in writing to the litigants and the Procurator at the same level on the court case.
2. the Chief Justice of the Court of appeal or the Chief Justice of the Court of Appeals Court of the Supreme People's Court established the Council of appellate and assigned a judge presided the trial. "
260. Article 39 is amended and supplemented as follows: "article 260. Suspend the appellate case 1. The Court of Appeal decided to suspend the appellate case or part of the case in the following cases: a) In the cases specified in point a and point b paragraph 1 to article 192 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. In case of appeal to withdraw the entire appeal or Procuratorate to withdraw the entire appeal before the Court of appeal decision to take the case to appeal, the judge was presiding made a decision to suspend the appellate; in case the appeal to withdraw the entire appeals court, Procuracy withdrew the entire appeal after the Court of appeal decision to take the case to appeal, then the appeal board the decision to suspend the appellate trial.
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. in 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, the appeal that part of the appellate judgment. "
40. Article 262 amended and supplemented as follows: "article 262. Turn the case file to the Prosecutor's Research Institute 1. After the decision to take the case to trial, the Court of appeal to move the case file to the Procuratorate at the same level of research.
2. The time limit for the research profile of the Procuratorate at the same level is fifteen days from the date of receiving the case file; that deadline expired, the Procuracy is charged the case file to the Court. "
41. Article 264 be amended and supplemented as follows: "article 264. Participants in the trial of appeal 1. Appellants, litigants, individuals, agencies and organizations relevant 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 must attend the trial of appeal. "
42. Article 266 is amended and supplemented as follows: "article 266. Postponed the trial of appeal

1. the Prosecutor joined the trial in absentia it must postpone the trial.
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 of a single person who has suggested a trial in absentia, the court conducting the trial of appeal to trial in absentia.
3. The appellant, who joined the proceedings other than the appellant, who protected the legitimate rights and interests are duly convened Court last Monday that absent the trial postponed, suspension of appeals or appellate proceeding still made according to the provisions in articles 199 202, 204, 205, and 206 of the code.
4. The deadline postponed the trial and decided to postpone the trial of appeal made under the provisions of article 208 of the code. "
43. Article 271 is modified and supplemented as follows: "article 271. Listen to the presentation of the litigants, the Prosecutor in the trial of appeal 1. The case has remained the litigants to appeal or the Procuratorate still hold Appeal Board appeals judges began hearing the case by listening to the presentation of the litigants, the Prosecutor according to the following sequence: a) the protection of the legitimate rights and interests of litigants to appeal presented about the content of the appeal and the grounds 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.
Case only the Procurator protest, the Prosecutor presented about the content of the appeal and the 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;
b) 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.
2. where the litigants do not have people protecting the legitimate rights and interests for themselves then they themselves presented comments on the content of the appeal, the appeal and his proposal.
3. At the appellate trial, litigants, the Prosecutor has the right to present additional evidence. "
44. additional Article 273a as follows: "article 273a. Speaking of the Prosecutor at the Court of appeal after the participants in the proceedings and debate speech for response, the Prosecutor stated opinion of the Procurator of the obey the law in the process of resolving civil cases at the appellate stage. "
275. Article 45 is amended and supplemented as follows: "article 275. 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;
4. To cancel the judgment of the first instance and to the suspension of the case. "
46. article 277 amended and supplemented as follows: "article 277. 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 Appeals Council 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 when in one of the following circumstances : 1. The prove and collect evidence 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. "
47. article 284 amended and supplemented as follows: "article 284. Judgments, the Court's decision was in effect the laws need reconsideration under procedure of Cassation 1. Within a period of one year from the date of the judgment, the decision of the Court of law, if discovered violating the law in the judgment, decided that the litigant has the right to propose in writing with people who have the right to appeal provided in Article 285 of the code to consider protest under procedure of Cassation.
2. in case the Court, procurator or the individuals, agencies, and organizations found to have violated the law in the judgment, the Court's decision was in effect the law they must inform in writing the person who has the right to appeal provided in Article 285 of the Penal Code. "
48. Supplement and 284a 284b as follows: "article 284a. Petition to review the verdict, the decision of the Court has legal effect under procedure of Cassation 1. Petition to have the following content: 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 suggested 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, the organization that must be signed and stamped and the end application.
2. The recommendations attached to the judgment, the Court's decision has the effect of law, documents, evidence to prove his claim is based.
3. Application and documents, the evidence is sent to the person who has the right to protest under procedure of Cassation stipulated in article 285 of the code.
284b thing. Procedure for receiving and considering the menu suggested reviewing the verdict, the decision of the Court has legal effect under procedure of Cassation 1. The Court, Procurator accepting recommendations by litigants filed directly in court, procurator or sent through the post office and must write to the window to receive menu. Filing date is counted from the day the litigants in the court filing, the Prosecutor or the date postmarked where posted.
2. The Court, Procurator accepting the proposal to grant the received certificate for litigants.
3. People have the right to protest under procedure of Cassation is responsible for assigning officers to conduct research, case reports, people have the right to appeal the review decision. The absence of notice of appeal in writing to the litigants said.
4. the Supreme People's Court, the Supreme People's Procuracy guide procedure of receiving, handling application considering the judgment, the Court's decision has the effect of law under the procedure of Cassation. "
49. Article 288 amended and supplemented as follows: "article 288. The time limit for appeal under the procedure of Cassation 1. People have the right to protest under procedure of Cassation are right to protest within a period of three 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 the protest time limit: a) the litigants had application as specified in paragraph 1 of this Law 284 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 according to the provisions of article 283 of the code of this, serious violations to the rights, legitimate interests of litigants, of third persons, infringe the interests of the State and must appeal to rectify mistakes in judgment the decision has force of law. "
50. Article 297 amended and supplemented as follows: "article 297. The authority of the Council of the Cassation Board of Cassation have the following rights: 1. To 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 the effect of law to the trial of the first instance or appellate;
4. Cancellation of the verdict, the decision of the Court was hearing the case and settling the case. "
299. Article 51 be amended and supplemented as follows: "Article 299. Cancel a part or the whole of the judgment, the Court's decision has the effect of the laws was to protest the trial of first instance or appellate Cassation Council back a decision to cancel a part or the whole of the judgment, the Court's decision has the effect of the laws was to protest the trial of first instance or appellate review in cases the following: 1. The collection of evidence and proof is not yet 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. "
52. additional XIXa Chapters as follows: CHAPTER XIXa "SPECIAL PROCEDURE to REVIEW the DECISION of the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT Thing 310a. 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, litigants do 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, 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.
The case 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 decision handing the Chief Justice of the Supreme People's Court held the case file research the report, the Council of judges of the Supreme People's Court review the decision. The case of the Council of judges of the Supreme People's Court did not agree with the petition, the proposal must be notified in writing and stating the reason.
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.
310b thing. Procedure and the authority to review the decision of the Council of judges of the Supreme People's Court 1. The Chief Justice of the Supreme People's Court is responsible for organizing the study case file, verify, collect documents, evidence, reports the Council of judges of the Supreme People's Court reviewed the decision of the Council of judges of the Supreme People's Court within a period of four months from the date of receiving the request of the Standing Committee of the National Assembly stipulated in paragraph 2 of this law or 310a Thing since the decision of the Council of judges of the Supreme People's Court stipulated in paragraph 3 of this law 310a Thing.
2. 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 individuals, agencies and related organizations attended the session.
3. After hearing the Chief Justice of the Supreme People's Court report, heard the opinion of the Director the Supreme People's Procuracy, of individuals, agencies and relevant organizations are invited to attend, if available, the Council of judges of the Supreme People's Court decision to cancel the decision of the Council of judges of the Supreme People's Court has serious law violations or have sex significant new weather making basic changes the content of decision of the Council of judges of the Supreme People's Court; to cancel the judgment, the decision has the effect of subordinate court has serious law violations or there are significant new details do change content basic judgments, decisions and the case that decided the following: a) Cancelled the 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 has violated the 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 claim reviews assets under the provisions of the law;
c) Cancelled the decision of the Council of judges of the Supreme People's Court, canceling the verdict decision was in force statutory laws to the case file to the court levels under settlement under the provisions of the law.
4. 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.
5. the Supreme People Court presiding in coordination with the Supreme People's Procuracy guiding the implementation of this. "
53. Article 311 is amended and supplemented as follows: "article 311. The scope of application of the Court applies the provisions of this chapter, the application of the other provisions of this law are not contrary to the provisions of this chapter to solve the civil provisions in paragraphs 1, 2, 3, 4, 6, 7 and 8 Article 26, paragraphs 1, 2 , 3, 4, 5 and 7 to article 28, paragraph 1 and paragraph 4 to article 30, paragraph 3 to article 32 of this law.
Civil is the individual, agency or organization does not 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 individual, the Agency other organizations; ask the Court to recognize for his civil rights, marriage and family, business, labor, trade. "
54. additional Article 313a as follows: "article 313a. The decision to change the conduct of the proceedings when resolving civil matters 1. Before the opening of the session, changing the election judge and a court clerk, by the Chief Justice of the Court are resolved that civil decisions; If the judge be changed is the Chief Justice of the Court is addressing the civil that the change due to the Chief Justice of the superior court decision directly.
2. The change of judges at the meeting to resolve civil matters are made as follows: a) civil case by a judge, the settlement change the judge by the Chief Justice of the Court are resolved that civil decisions; If the judge be changed is the Chief Justice of the Court is addressing the civil that the change due to the Chief Justice of the superior court decision directly;
b) civil cases by the Council of resolution consists of three civilian judges addressed the changing of Council members by the Council to resolve civil matters decided.
3. Before opening the session and in the session, changing by the Prosecutor and Chief Procuratorate of the same Institute issued the decision; If the Prosecutor changed as Minister, the Prosecutor changed by Minister superior prosecutor to decide. "
55. Article 314 is amended and supplemented as follows: "article 314. 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) the Secretary of the Court to report on the presence, absence of the participants;
b) judge the opening of the 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 representatives presented their opinions about matters relevant 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 conflicting;
e) judge to review the documents and evidence;
g) Prosecutor stated opinion of the Procurator of the resolution;
h) judges consider, decide to accept or not accept the resolution.
2. In the event of the absence, the judge published testimonies, documents, evidence or by the person who provided it gave to the Court. "
56. Additional articles 339a and 339b 339 c, as follows: "article 339a. The petition claimed the certified text disable 1. Notary made the notary, the notary requirements, witnesses, who have the power, the interests involved, 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 312 Thing.
3. Submit the petition to the Court to declare void the certified text is the documentary evidence to prove to require a written declaration of invalidity is based and legally.
339b thing. Prepare review the petition text statement of invalidity 1. The time limit for pretrial preparation petition to declare the certified text disable is thirty days from the day the Court accepting the petition; the expiry thereof, 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 immediately notify notary, notary office or notary made 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 fifteen days from the date of the decision to open the session, the Court must open the session to review the petition.
Article 339 c. The decision declared void the certified text 1. The Court may accept or not accept the petition to declare the certified text disabled.
2. In the case of 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 ".
57. Article 340 was amended and supplemented as follows: "article 340. 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. Cancellation of arbitration decision 4. Appeal 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 regulations Vietnam. "
375. Article 58 be amended and supplemented as follows: "article 375. 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 by the special procedures of the Council of judges of the Supreme People's Court stipulated in Articles of this law 310b;
d) judgments, decisions of foreign courts, decisions of foreign arbitration decision was in effect the laws of Vietnam Court 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 appealed, the appeal: a) the verdict, decision support statements, pay labour, workers get back to work, pay, loss of job subsidies, social insurance or compensation for damage on the computer network , health, spiritual loss of citizenship;
b) decided to adopt provisional measures. "
59. the removal of article 200, 201, 203, 376, 377, 378, 379 and 383.
Article 2.
1. This Act has effect from January 1, 2012.
2. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam XII, session 9 through January 29, 2011.