Civil procedure CODE _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
This law regulates the order and procedure for resolving civil cases and the enforcement of civil judgments.
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; order and procedure for claims to the courts to resolve 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 courts; 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 the individual, 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 the Socialist regime, strengthening Socialist legislation, protect the interests of the State, the legitimate rights and interests of individuals, agencies and organizations; educate people to strictly enforce the law.
Article 2. The effect of the code of civil procedure 1. The code of civil procedure are applicable to all civil litigation activity on the entire territory of the Socialist Republic of Vietnam.
2. The code of civil procedure are applicable to any civil proceedings by the Consulate 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 signed or joined other regulations shall apply the provisions of international treaties.
4. Individuals, agencies and organizations to 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 signed or joined the civil service having regard to individual the Agency, organization, which was resolved by the diplomatic path.
Chapter II fundamental principles article 3. Ensure the Socialist legislation in civil proceedings any civil proceedings the person conducting the proceedings, the participants in the proceedings, of the individual, agency or organisation concerned must comply with the provisions of this law.
Article 4. The right to ask the Court to protect the rights and legitimate interests of individuals, agencies, organized by the Ministry of laws rules have the right to sue the civil case, required to resolve civil matters in the courts competent to ask the Court to protect the rights and legitimate interests of himself or of others.
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 cases, the litigants have the right to discontinue, change, or request the agreement together voluntarily, not contrary to law and social ethics.
Article 6. Provide evidence and proof in civil proceedings 1. The litigants have the right and obligation to provide evidence to the Court and prove to his request is based and legally.
Individuals, agencies, organizations, required to protect the rights and lawful interests of other people has the right and obligation to provide evidence, prove as litigants.
2. the Court shall only proceed to verify, collect evidence in the case by The law regulations.
Article 7. Responsible for providing evidence of the individual, agency, organization, individual, competent bodies, organized within the scope of the mission, his powers have a responsibility to provide adequately for litigants, court evidence in the case that individuals, agencies, organizations that are stored, administered upon request of the litigants , The Court; in case of failure to provide notice in writing to the litigants, the Court and stating the reason of the failure to provide evidence.
Article 8. Equality of rights and obligations in civil proceedings all citizens are equal before the law, before the courts irrespective of ethnicity, gender, social components, beliefs, religion, cultural level, occupation. All agencies, organizations are equal regardless of the organizational form, form of ownership and other issues.
The litigants are equal in terms of rights and obligations in civil proceedings, the Court has the responsibility to create conditions for them to exercise their rights and obligations.
Article 9. Ensuring the right to the protection of 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.
The courts have a responsibility to ensure for the litigants made their protection rights.
Article 10. Conciliation in civil proceedings the Court has the responsibility to reconcile 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 The hearing civil cases have involved people's assessors in accordance with this law. When judging people's assessors, on par with the judge.
Article 12. Judges and people's assessors are independent and the trial only obey the law When hearing civil cases, judges and people's assessors are independent and subject only to the law.
Prohibits any acts impedes people's jurors, judge performing the task.
Article 13. The Agency's responsibility, the conduct of civil proceedings 1. Authorities, who conducted civil litigation must respect people and subject to the supervision of the people.
2. Organs, the conduct of civil proceedings is responsible before the law on the execution of his powers. The case of the person conducting the proceedings there are violations of the law, then, depending on the nature and extent of the violation being disciplined or arrested save for criminal liability in accordance with the law.
3. Agency, who conducted civil litigation to keep state secrets, secret task in accordance with the law; preserving the customs of the peoples, keeping confidentiality, trade secrets, the secret life of litigants as their legitimate requests.
4. The conduct of civil proceedings are unlawful acts that cause damage to the individual, organization, agency, then the courts must compensate the victims and the person conducting the proceedings are responsible to reimburse the Court under the provisions of the law.
Article 14. The court hearing the trial court to exercise collective civil case and the decision by majority.
Article 15. Public hearing 1. The hearing of civil cases of the Tribunal be conducted publicly, everyone has the right to attend, except in cases prescribed by this Act.

2. in special cases need to keep state secrets, preserving the customs of the peoples, keeping confidentiality, trade secrets, secret private life of individuals at the request of legitimate the Court trial, but pronouncement of judgment publicly.
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 cannot be conducted or participated in the proceedings, if there are reasons to believe that they may not be impartial in performing the tasks his powers.
Article 17. Two regimes of review 1. The Court made two trial mode.
Judgment of the Court of first instance decision can be appealed, the appeal under the provisions of this law.
The verdict, the decision of first instance being appealed, the appeal under the procedure of appeal within the time limit prescribed by this law, then the legal effect; with regard to the judgment of the first instance decision was 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 have violated the law or have new details shall be reviewed under the procedure of Cassation or retrial under this law.
Article 18. Director of the trial court on the Director of the hearing of the Court under the Supreme People's Court, the Director of the Court's hearing levels to ensure the application of the law to be strictly and consistently.
Article 19. Ensure the validity of the verdict, the decision of the Court judgment, the decision of the Court was in effect the law must be enforced and must be citizens, agency, organization, respect. Individuals, agencies, organizations are obliged to obey the judgment, the decision of the Court must strictly observance.
Within the scope of its powers, duties, courts and bodies, organizations are tasked 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.
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, in this case the need to have an interpreter.
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 timely, proper civil law.
2. people's Procuratorate participated in the trial for the case by the Court to collect evidence that litigants have a complaint, the civil Department of the jurisdiction of the Court, the civil case that Procuracy protested the verdict, the decision of the Court.
Article 22. Responsible for the transfer of documents, of court papers 1. The courts are responsible for the direct transfer or by post judgment, decision, summons, invitations and other court papers related to the participants of civil proceedings under the provisions of this law.
2. In case the Court delivered not directly or through the post office with no results, the people's Committee of the communes, wards and towns (hereinafter referred to as the people's Committee of social) where civil litigation participants domiciled or agency, held where participants civil work are responsible for delivery of the judgment the decision, summons, invitations and other court papers related to the participants in civil proceedings when required by the courts and must announce the results of the transfer that to the Court said.
Article 23. Civil procedure participation of individuals, agencies, organizations, individuals, organizations have the right and obligation to participate in civil proceedings according to the provisions of this law, contributing to the resolution of civil cases in courts of law, the right time.
Article 24. Ensuring the right to complain, report in the proceedings of civilian individuals, agencies and organizations have the right to complain, individuals have the right to denounce the unlawful employment of the person conducting the proceedings or of any individual, agency or organisation 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, the report said.
Chapter III the jurisdiction of the courts 1 of the civil service in the jurisdiction of the courts of 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 and property affixed to the land under the provisions of the law of the land.
8. Disputes related to media activities in accordance with the law.
9. The other civil disputes that the law has specified.
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, annulment of 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, the annulment of the decision to declare a missing person.
4. A request to declare a person dead, annulment 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. The requirements which the law has specified.
Article 27. The dispute about marriage and family in the jurisdiction of the Court 1. Divorce, custody disputes, Division of property upon 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. other disputes on marriage and the family which the law has specified.
Article 28. 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, Division of property upon divorce.
3. Request the recognition agreement on changing the people directly raising children after divorce.
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. request for recognition and enforcement in Vietnam judgments, to decide on marriage and the family of a foreign court or do not recognize judgments, to decide on marriage and family of the foreign court which does not have the required enforcement in Vietnam.
7. other requests about marriage and family laws that have stipulated.
Article 29. The dispute about business and commerce in the jurisdiction of the Court

1. Disputes arising in business activities, trade between individuals, the Organization has registered the business together and all have the goal of profit include: a) the purchase and sale of goods;
b) services;
c) distribution;
d) representatives, agents;
VND) deposit;
e) rent, lease, hire purchase;
g) construction;
h) technical consultancy;
I) freight, passengers by rail, road, inland waterways;
k) transport goods, passengers by air, by sea;
l) sale of stocks, bonds and other valuable documents;
m) investment, finance, banking;
n) insurance;
o) exploration and exploitation.
2. Disputes on intellectual property rights, technology transfer between individuals, held together and all have the goal of profit.
3. Disputes between the company with members of the company, among the members of the company with each other concerning the establishment, operation, dissolution, merger, amalgamation, Division, separation, transformation of the company's organization.
4. other business disputes, commercial law regulations.
Article 30. The business requirements, the Trade Department in the jurisdiction of the Court 1. The request related to the Vietnam trade referee settle disputes in accordance with the law on commercial arbitration.
2. The request for recognition and enforcement in Vietnam business decisions, judgments, court foreign trade or non-recognition of judgments, decisions, commercial business of the foreign court which does not have the required enforcement in Vietnam.
3. The request for recognition and enforcement in Vietnam business decision, foreign trade.
4. Other requirements for business, commercial law regulations.
Article 31. The labor disputes in the jurisdiction of the Court 1. Individual labor disputes between workers with the employers that labor conciliation Council premises, mediators of labor of the State administration of labour, districts, towns and cities in the conciliation is not successful or is not solved within the time limit prescribed by law except the following disputes are not necessarily through reconciliation at the grassroots: 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 Labor export businesses.
2. collective labor disputes between the labour collective with his employers was the labour arbitration board, the central cities in which the labor collective resolve or who the employer does not agree with the decision of the labour arbitration board, including : a) on the rights and benefits related to employment, wages, earnings and other labour conditions;
b) on the implementation of the collective labour agreement;
c) on the right to establish, join, Union activity.
3. other labor disputes that the law has specified.
Article 32. The labour requirements in the jurisdiction of the Court 1. The request for recognition and enforcement in Vietnam the verdict, the decision of the labour court or did not recognize the verdict, the decision of the foreign court workers without the required enforcement in Vietnam.
2. The request for recognition and enforcement in Vietnam's labor arbitration decision.
3. The labor requirements that the law has specified.
Section 2 the jurisdiction of the Court 33 Article levels. Jurisdiction of the courts of the district, County, town, city in the province of 1. District courts, County, town, city in the province (hereinafter referred to as 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 25 and article 27 of this law;
b) business disputes, trade regulation at points a, b, c, d, e, f, g, h and i of paragraph 1 Article 28 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 and 4 of this law Thing;
b) ask about marriage and family as defined in paragraph 1, 2, 3, 4 and 5 to article 28 of this law.
3. The dispute, the request specified in clause 1 and clause 2 of this that there are litigants or overseas property or need a judicial mandate for Vietnam's consulate abroad, foreign courts are not in the jurisdiction of the people's courts at the district level.
Article 34. Jurisdiction of the courts of the province, the city in Central 1. The people's Court, the central cities (hereafter referred to collectively as the provincial people's Court) has jurisdiction under the procedure of first instance the following incident: a) civil disputes, marriage and family, business, commercial, labour regulation in articles 25, 27 , 29 and 31 of this Act, except for the dispute in the jurisdiction of the courts at district level provided for in paragraph 1 to article 33 of this law;
b) require civil, marriage and family, business, commercial, labour regulation in articles 26, 28, 30 and 32 of this Act, except the requirements in the jurisdiction of the courts at district level prescribed in clause 2 Article 33 of this law;
c) dispute, the requirement specified in paragraph 3 Article 33 of this law.
2. provincial courts have jurisdiction according to the procedure of first instance for civil cases in the jurisdiction of the courts at district level prescribed in article 33 of this law that the provincial people's Court retrieved up to solve.
Article 35. The jurisdiction of the Court under the territory of 1. Jurisdiction of court civil case under the territory is defined as follows: a) the courts of the place 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 deal with each other with a written request to the Court of the residence, 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 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) the courts where people are required 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) courts where people are required to announce search for 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 decision declared a missing person or is already dead having jurisdiction requests annulment of the decision declared missing or dead;

d) courts where people have to enforce civil judgments or decisions, marriage and family, business, trade, labor of foreign courts of residence, 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) the 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) courts 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) courts where the registration of the marriage is unlawful is made to have the required jurisdiction to cancel the marriage is unlawful;
h) the courts 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 changing the direct parenting after divorce reside, work has jurisdiction requires recognizing the agreement on changes to the direct custody after divorce;
k) the courts of the place 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) the Court where his father, mothers or adopted children who reside, work, have the required jurisdiction to terminate the adoption;
m) the authority of the courts under 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.
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 may request to 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 courts where the organisation 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 may ask the Court of the place 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 may ask the Court of 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 courts 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 and 4 of this Act, the Thing people request may ask the Court of his place of residence , work or are based settle;
b) for requesting to cancel the marriage is unlawful as defined in paragraph 1 Article 28 of this law, then the request may request to the Court where 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 the Court of the place where the child resides.
Article 37. Transfer service to other courts for civil, 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 file a civil case to the competent court and cleared up accepting. This decision must be submitted immediately for litigants, individuals, agencies and organizations concerned.
Litigants, individuals, agencies and related organizations have the right to appeal this decision within three working days from the date of receiving the decision. Within three working days from the date of receiving the complaint, the Chief Justice of the Court had decided to move the case to settle civil complaints.
2. competence disputes between the county-level people's courts in the same province by Chief Justice of province-level courts to resolve.
3. competence disputes between the county-level people's courts in the provinces and cities under central or between the provincial people's Court by the Chief Justice of the Supreme People's Court to resolve.
Article 38. Enter or split the case 1. The Court may enter two or more cases that the courts which have a separate handle into a murder to solve if the import and the settlement in the same case to ensure the proper law.
2. The Court can split a 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 litigants and the Procurator at the same level.
Chapter IV the agency conducting the proceedings, the proceedings are conducted and the change of the person conducting the proceedings Article 39. Bodies conducting the proceedings, the person conducting the proceedings 1. The Agency conducted the proceedings include: a) courts;
b) the people's Procuracy.
2. The person conducting the proceedings include: a) the Chief Justice of the Court, the judge, jurors, court clerk;
b) Minister Prosecutor, Prosecutor.
Article 40. The duties and powers of the Chief Justice of the Court 1. Chief Justice of the Court to have the following duties and powers: a) the Organization of the work of resolving the civil jurisdiction of the Court;
b) decide the assignment of judges to resolve the incident, people's assessors participate in the trial of the case; the decision to assign the Secretary of court proceedings are conducted with regard to the incident;
c) decided to change the judges and people's assessors, Secretary to the Court before the trial;

d) decided to change the examiner, the translator before opening the trial;
DD) decisions and conduct civil litigation activities according to 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.
2. When the Chief Justice is absent, a Deputy Chief Justice is the Chief Justice delegated tasks and powers of the Chief Justice stipulated in paragraph 1 of this article. Deputy Chief Justice is responsible before the Chief Justice about the assigned task.
Article 41. The duties and powers of judges 1. Proceed to prepare the case.
2. Decides to apply, change, cancellation of provisional measures.
3. Decides to suspend or temporarily suspended civilian incident resolution.
4. to reconcile the litigants agreed with each other about the case under the provisions of this law; the decision recognized the agreement of the litigants.
5. The decision to put the civil case on trial, put the population of the settlement.
6. Decides to convene the participants of the trial.
7. Participate in hearing civil cases, civil settlement.
8. Proceed with the activities of other proceedings when the population of the provisions of this law.
Article 42. The duties and powers of the people's assessors 1. Study the case file before opening the trial.
2. Suggest Chief Justice courts, judges the necessary decisions under the authority.
3. Join the hearing civil cases.
4. Conduct the proceedings and activities addressing the issue of the jurisdiction of the Board of review when hearing civil cases.
43 things. The duties and powers of the Secretary of the Court 1. Prepare the necessary task before the opening of the trial.
2. Common rules of the trial.
3. Report to the trial list who was summoned to the trial.
4. the record of the trial.
5. implementation of the activities in other proceedings under the provisions of this law.
Article 44. The duties and powers of Minister the Prosecutor 1. When performing the duty Prosecutor comply with law in civil litigation activity, the Minister responsible, the Prosecutor has the following powers: a) organized and directed the Prosecutor comply with law in civil litigation activities;
b) decision assigned Prosecutor made the Prosecutor obeys the law active in the proceedings, taking trial civil cases, civil resolution session under the provisions of this law;
c) check the Prosecutor operations obey the law in the works of proceedings;
d) decided to change the Prosecutor;
DD) protest under procedure of Cassation, appeal, retrial verdict, the decision of the Court under the provisions of this law;
e) complaints, accusations under the provisions of this law.
2. When a Minister is absent, a Deputy Head of Institute mission, mandate and powers of the Director prescribed in paragraph 1 of this article. Deputy Director responsible to the Rector about assigned tasks.
Article 45. The duties and powers of the Prosecutor to be assigned to perform the Prosecutor comply with law in civil litigation activity, the Prosecutor has the task, the following rights: 1. the Prosecutor comply with law in the settlement of the civil case, resolution of civil courts;
2. the Prosecutor obeys the laws of the participants in the proceedings;
3. The Prosecutor of the case, the decision of the Court;
4. Join the trial civil cases, civil resolution session under the provisions of this Act and statements of opinion of the Procuracy about resolving the incident;
5. Perform other duties and powers under the authority of the Procurator as assigned by the Chief Procurator.
Article 46. 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 were involved with the protection of the legitimate rights and interests of litigants, witnesses, the examiner, an interpreter in the same case;
3. clear base that they can not indifferent while on duty.
Article 47. 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 46 of this law;
2. They in a trial and is loved like together;
3. They have joined a trial of first instance, appellate, cassation or the retrial of the case that, except where a member of the Council of judges of the Supreme People's Court, judge Committee of the provincial people's Court shall still be joined on trial many times the same case under the procedure of Cassation , a retrial;
4. They were the conduct of the proceedings in that case as the Prosecutor, the clerk of courts.
Article 48. Change to Prosecutor Prosecutor refused to conduct the proceedings or is changed in the following cases: 1. In one of the cases specified in article 46 of this law;
2. They were the conduct of the proceedings in that case as the judge, jurors, Prosecutor, clerk of courts.
Article 49. Change the clerk of court court clerk to refuse to conduct the proceedings or is changed in the following cases: 1. In one of the cases specified in article 46 of this law;
2. They were the conduct of the proceedings in that case as the judge, jurors, Prosecutor, clerk of courts.
Article 50. The procedure refuses to conduct the proceedings or recommend changes to the conduct of the proceedings 1. Refusal to conduct the proceedings or recommend changes to the conduct of the proceedings prior to trial must be made in writing, which stated the reasons and grounds of the proceeding or rejection of the proposal to change the conduct of the proceedings.
2. The refusal to conduct the proceedings or recommend changes to the person conducting the proceedings at the trial must be recorded in the minutes of the trial.
Article 51. The decision to change the conduct of the proceedings 1. Before the opening of the trial, the change of judges, jurors, court Secretary by Chief Justice the Court decision; If the judge be changed is the Chief Justice the Court by the Chief Justice of the superior court decision directly.
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.
2. At trial, the change of judges, jurors, court clerk, Prosecutor 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.
In case of change of people's jurors, judge, clerk of courts, Prosecutor, the trial decision adjourned the trial. The appointment of judges, jurors, court Secretary replacing the altered by the Chief Justice the Court decision; If the person is being changed by the Court Chief Justice Chief Justice of the superior court decision directly. 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.
Chapter V the composition settles civil

Article 52. The composition of trial at first instance civil cases the trial at first instance civil cases consists of one judge and two people's assessors. In special cases, the trial of first instance may consist of two judges and three people's assessors.
Article 53. The composition of the Council of appeals civil case Appeals Council civil case composed of three judges.
Article 54. The composition of the Council of Cassation, retrial civil case 1. The Council of the Cassation Court, retrial provincial people's Court is judge Committee of the provincial people's Court.
When the judge Committee of the provincial people's courts of Cassation proceeding, the retrial verdict, the decision has force of law, they must have at least two thirds of the total membership to participate.
2. The Council of the Cassation Court retrial, dedicated to the Supreme People's court composed of three judges.
3. The Council of the Cassation Court retrial, the Supreme People's Council of judges of the Supreme People's Court.
When the Council of judges of the Supreme People's Court of Cassation proceeding, the retrial verdict, the decision has force of law, they must have at least two thirds of the total membership to participate.
Article 55. Resolve civil matters 1. The civil requirements, marriage and family, business, commercial, labour provisions in clause 5 Article 26, paragraph 6 Article 28, paragraph 2 and paragraph 3 article 30, article 32 of this law or of the appeal, the appeal against the decision to settle civil by a collective consisting of three judges.
2. The requirements of civil, marriage and family, business, commercial, labor, not in the case prescribed in clause 1 of this article by a judge.
3. Resolve those business requirements, trade provisions in clause 1 of article 30 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 56. Litigants in civil cases 1. Litigants in the civil case is individual, agency, organization, including the plaintiff, the defendant, who has the rights, the obligations involved.
2. The plaintiffs in the civil case is the petitioner, who was individual, agency or other organization specified by this law to require courts to settle civil cases when for that legitimate rights and interests of the person is infringed.
Authorities, organised by the Ministry of laws regulating civil case petitioner to request the courts 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 individual, agency, other organization specified by this law to require courts to settle 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.
In 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 with rights related obligations, the Court must take them in to join the proceedings as a person of interest , the related obligations.
Article 57. 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. Any individual, agency or organization with legal capacity in civil proceedings the same requirements the Court protect the rights and legitimate interests.
2. Capacity of civil litigation behavior is likely himself made a right, obligation of civil proceedings or authorize a representative 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, persons with limited capacity for civil acts or the law otherwise.
4. Privy is the incomplete six years or who lost the capacity for civil acts shall not have the capacity for civil acts. The protection of the rights and legitimate interests for these people in the courts by their legal representative made.
5. Privy is people from six years old to enough not enough fifteen years then the protection of the rights and legitimate interests for these people in the courts by their legal representative made.
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 protection of the rights and legitimate interests for them in the courts by their legal representative made.
7. the Privy is the Agency, organized by the legal representative participating in the proceedings.
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) to provide evidence, proof to protect the rights and legitimate interests;
b) requires individuals, agencies, organizations are kept, manage evidence provided that evidence for her to deliver to the Court;
c) suggest the Court to verify, collect evidence of the case that could not be done yourself or request the Court to summon witnesses, assessment, valuation of referendum; the complaint with the Procuracy about the evidence that the Court has to verify, collect other required by litigants;
d) are known and documented, copy documents and evidence presented by other litigants or by the courts to collect;
DD) recommended the courts decide to apply provisional measures;
e) Himself agreed with each other about the resolution of the case; Join reconciliation because the court proceeding;
g) Receive a valid notice to exercise their rights, obligations;
h) protect or defend the rights of others and thanks to legitimate interests for themselves;
I) to join the trial;
k) requesting to change the conduct of the proceedings, persons involved in proceedings under the provisions of this law;
l) propose to the Court the issue should ask other people; be confront with each other or with witnesses;
m) argue at the trial;
n) be given excerpts of judgment, the decision of the Court;
o) appeal, appeal the verdict, the decision of the Court under the provisions of this law;
p) detect and notify the person who has the right to protest the grounds for protest under procedure of Cassation, retrial verdict, the decision of the Court has legal effect;
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) an advance payment of court fees, court fees, the fees prescribed by law;
t) accepted the verdict, the decision of the Court has legal effect;
u) The right, other obligations prescribed by law.
Article 59. Rights, the plaintiff's obligations 1. The plaintiff has the right to, the following obligations: a) the rights, obligations of litigants stipulated in article 58 of this law;
b) Withdraw part or all of the requirements to sue; change the content required to sue;
c) suggested the courts put people who have rights, obligations relating to participate in the proceedings;

d) suggested the Court temporarily suspended the case.
2. Plaintiffs courts were convened the second valid still absent the alleged waiver of the petitioner.
Article 60. Rights, the obligation of the defendant 1. The defendant has the right to, the following obligations: a) the rights, obligations of litigants stipulated in article 58 of this law;
b) accepted a part or the whole of the plaintiff's requirements; rejected the entire requirement of the plaintiff;
c) demand side factors with respect to the plaintiff if relevant to the plaintiff's requests or suggestions for except with obligations that plaintiff required;
d) Be informed about the courts being litigated.
2. The defendant has been duly summoned to the second that is still absent from the Court resolved absentia defendants.
Article 61. 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 58 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 has the right, the plaintiff's obligations specified in article 59 of this law.
3. People have rights, obligations relating to the proceedings if the plaintiff or only the rights you have the right, the plaintiff's obligations specified in article 59 of this law.
4. People who have rights, related obligations if proceedings with the defendant or party only obligation shall have the rights, the obligations of the defendant stipulated in article 60 of this law.
Article 62. 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 which are determined 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 the upper level of the Organization, agency, institution or legal representative of the Agency, the Organization was given the reception of rights, obligations of bodies, organizations that participate in the proceedings;
c) case, the best organization, merger, Division, separation, transformation of organization, the individual, the Organization would receive rights, obligations of organizations that participate in the proceedings.
3. where the Privy is held is not the legal personality which the representative or Manager are participating in the proceedings of that organization must die sent other people as representatives to participate in the proceedings; If the organization that must cease operations, was dissolved, the individuals are members of organizations that participate in the proceedings.
Section 2 of the participants of other proceedings 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 and be accepted by the courts to participate in the proceedings 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) Vietnam citizens have the capacity for civil acts in full, not yet convicted or sentenced but has been deleted projects, not in the case are being applied in administrative processing measures taken on the basis of healing, educational establishments and administrative probation; not the officials and public servants in departments of courts, Prosecutor, public safety. 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.
Article 64. 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. The protection of the legitimate rights and interests of litigants are involved the trial of Cassation, a retrial if the Court deems necessary.
2. Verify, collect evidence and provide evidence to the Court, study the case file and recorded, copy the necessary documents in the case to protect the legitimate rights and interests of litigants.
3. Join the reconciliation, attend the trial or have written to protect the legitimate rights and interests of litigants.
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 of them.
6. The rights, the obligations specified in the point m, q and r item 2 Article 58 of this law.
Article 65. Witnesses who know the details relevant to the content of the case can be the court summons to join the proceedings as a witness. Who lost the capacity for civil acts could not be witnesses.
Article 66. Rights, obligations of witnesses 1. Providing the information, documents, objects that have been relevant to the resolution of the case.
2. Declare the true details that I know are relevant to the resolution of the case.
3. Be refusing if his testimony related to State secrets, confidentiality, trade secrets, privacy or secrecy declaring it negatively, detrimental to litigants who have relative to themselves.
4. Are the holiday during the court summons or testimony, if working in agencies, organizations.
5. Enjoy the travel fee and the other mode as specified 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 because of the untrue report caused damages to litigants or to others.
8. To be present at the trial as the Court's summons, if the testimony of the witness must be made public at the trial; case the witnesses do not come to the trial without good reason and the absence of them interfere with the trial, the trial could decide the award leads to witness the trial.
9. the warrant before the Court on the implementation of the rights, obligations, unless witnesses are minors. Witnesses reported fraud, provided false documents, refusing or when the Court convened that absence without good reason shall be liable as prescribed by law.
Article 67. The examiner

The examiner has the knowledge, the experience required under the provisions of the law on the field object needed expertise are the parties litigant or option agreement referendum Court to judge it at the request of a party or Privy.
Article 68. Right, the examiner's obligation 1. The examiner has the right, the following obligations: a) is read the documentation in the case file concerning examination object; require the Court to provide the necessary documents for the assessment;
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, to 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 the courts along with the conclusion or assessment together with the notice of assessment was not possible;
e) are not themselves collect materials to conduct inspections, contact with the participants of 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) Was entitled to the fees and the other mode as specified by law;
h) warrant before the Court on the implementation of rights, obligations.
2. The examiner refused to conclude the assessment without reason or false assessment conclusions or when the Court convened that absence without good reason shall be liable as prescribed by law.
3. The examiner must refuse or are changed in the following cases: a) In one of the cases specified in paragraph 1 and paragraph 3 Article 46 of this law;
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, court clerk, Prosecutor.
Article 69. Translator 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 are the parties litigant the Agreement option and is the acceptance by the courts or tribunals required to translate.
Article 70. 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 participants explain more words that need translation;
d) Not be in contact with those involved in the other proceedings if the exposure that do affect the integrity, objectivity, proper translation;
DD) Are entitled to travel fees and other regulations in accordance with the law;
e) warrant before the Court on the implementation of rights, obligations.
2. Translator knowingly false translation or when the Court convened that absence without good reason shall be liable as prescribed by law.
3. Translator is refused or is changed in the following cases: a) In one of the cases specified in paragraph 1 and paragraph 3 Article 46 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, court clerk, Prosecutor.
4. The provisions of this Article also apply to people who know the sign of mute, deaf.
In case only the representative or person who's dumb, deaf people know their signs, the representative body or the like can be accepted as court interpreters for the deaf, mute it.
Article 71. The procedure refuses inspections, interpretation or recommendation changing the examiner, the interpretation 1. The examiner refused, interpretation or recommendation changing the examiner, the translator before opening the trial 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 must be recorded in the minutes of the trial.
Article 72. Decided to change to the examiner, the interpretation 1. Before opening the trial, changing the examiner, translator by the Chief Justice of the Court decision.
2. At trial, the change of the examiner, the interpretation by the Board of review decisions after listening to the opinions of the people being asked to change. Trial discussion at the deliberation and decision by the majority.
In case of change of the examiner, the interpreter of trial decision adjourned the trial. On other examiners or other translator changes made under the provisions of article 67 and article 69 of this law.
Article 73. Representative 1. The representative in civil proceedings including legal representatives and authorized representative.
2. The representative under the law are regulated in 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.
Individuals, agencies and organizations to protect the rights and legitimate interests of others is also represented by the law of civil procedure of the protected person.
3. the authorized representative is regulated in the civil code is the authorized representative in civil proceedings; as for the divorce, litigants are not authoritative for others on behalf of his participation in the proceedings.
Article 74. Rights, obligations of representatives 1. The representative under the law of civil procedure done right, civil procedure obligations of litigants that is represented.
2. authorized representative in civil proceedings make the rights, obligations and civil proceedings according to the authoritative text.
Article 75. These cases are not representative 1. The following people are not representative and law: a) If they are also privy in the same case 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 case.
2. The provisions in paragraph 1 of this article are also applicable to cases represented by authorized in civil proceedings.
3. Officials and public servants in departments of courts, Prosecutor, public safety is not representative in civil proceedings, unless they participate in the proceedings as the representative for their agency or as legal representative.
Article 76. Specifies the representation in civil litigation

While conducting civil litigation, if litigants are people with limited capacity for civil acts without representative or the legal representative of them in one of the cases provided for in paragraph 1 to article 75 of this law the Court must designate a representative to participate in the proceedings in the courts.
Article 77. 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 78. Consequences of termination of representation in civil proceedings 1. In case of termination of the legal representative of that person represented has a minor or have capacity for civil acts, that person himself joined the civil proceedings or authorize another person to participate in civil proceedings according to 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 to authorize another representative who participated in the proceedings under the procedure prescribed by this law.
Chapter VII the proof and evidence Article 79. The burden of proof 1. Litigants have requested the Court to protect the rights and legitimate interests of himself to give evidence to justify the request is legitimate and well-grounded.
2. the Equivalent of another's request for her to prove that opposition is based and must give evidence to prove.
3. Individuals, organizations to sue to protect public interests, the interests of the State or asking the Court to protect the rights and legitimate interests of others must then give evidence to justify the initiation of the event, your request is legitimate and well-grounded.
4. Litigants have the obligation to give evidence to prove that no evidence or not given enough evidence, they must bear the consequences of the failure to demonstrate or prove inadequate.
Article 80. Details, facts not proven 1. The following events are not proven: a) details, the clear event that everyone knows and is admitted by the courts;
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, certified legal.
2. A party litigant admit or do not oppose the event, that party to the other party giving litigants Privy that is not proven.
3. Litigants have a representative participate in the proceedings, the acknowledgment of the representative is regarded as recognition of litigants.
Article 81. Evidence evidence in the civil case is what has really been privy and individuals, agencies, and organizations Affairs submitted to the Court or by the Court collected according to the procedures prescribed by this law, which the Court used as a base to define the requirements or the objections of the litigants is grounded and legitimate or not as well as the details necessary for the proper resolution of civil cases.
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. Valuation of assets;
9. other sources of law.
Article 83. Identify evidence 1. The document read content is considered as evidence if the original or a copy, certified by the agency or the competent organization, supply, endorse.
2. The material heard, looked to be considered if evidence be presented accompanied by certificate of origin of the document or the text relating to the recording, record it.
3. Physical evidence is the evidence must be original artifacts related to the incident.
4. Testimony of litigants, the testimony of the witnesses was considered evidence if recorded in writing, tape recorders, disc recorders, tape, disk recording as specified in paragraph 2 of this Article or by testimony at the trial.
5. The conclusion was regarded as evidence if the assessment that was conducted in accordance with the procedure prescribed by law.
6. Record the results on the spot evaluation considered the evidence if the evaluation was conducted in accordance with the procedure prescribed by law and be signed by the members participated in the evaluation.
7. Customs are considered as evidence if the community where there are usages that admit.
8. Valuation of assets to be considered evidence, if the valuation is conducted according to the procedure prescribed by law or written by experts on the price offer according to the provisions in clause 1 of this article.
Article 84. Deliver evidence 1. In the process the courts resolve civil cases, litigants have the right and the obligation to give evidence to the Court; If the litigant is not filed or filed incomplete, suffer the consequences of not filed or filed incomplete, unless the law otherwise.
2. The Privy Affairs filed evidence to the Court must be founded thereon regarding the delivery of evidence. In the minutes must specify the name, the form, content, characteristics of 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 as evidence in ethnic minorities, foreign language must be accompanied by a translation into Vietnamese, notary, legal endorsement.
Article 85. Collection of evidence 1. In case it deems the evidence in civil cases not sufficient basis to address the judge asked litigants delivered additional evidence filed.
2. In the case of litigants cannot collect evidence and have asked the judge may conduct one or more of the following measures for collecting evidence: a) testimony of the litigants, witnesses;
b) referendum examiner;
c) decided the property valuation;
d) consider, on the spot appraisal;
DD) mandated to collect evidence;
e) 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 and e item 2 of this article, the judge must decide, which stated the reason and the requirements of the courts.
Litigants have the right to appeal the decision to apply measures for collecting evidence by the Court. Complaints of litigants must be sent immediately to the Procurator. Procurator has the right to request the Court to verify, collect evidence on the basis of the complaint and consider joining the trial.
In case of need, 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.
Article 86. Testimony of the Privy

1. The judge only conduct 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. In the event the 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 the Court headquarters, in case of need could take the testimony of the Tribunal headquarters outside Privy.
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, the record and the 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 set aside by the courts, the Office must have a witness or confirmation of the people's Committee of public safety, communes, wards, towns or agencies, institutions where established thereon.
3. The testimony of litigants in one of the cases specified in clause 4 and clause 5 Article 57 of this law must be conducted in the presence of the legal representative of the litigants.
Article 87. Testimony of witnesses 1. At the request of the litigants or deem it necessary, the judge conducting the testimony of witnesses at the Court Office or outside the headquarters of the Court.
2. The procedure of obtaining the testimony of witnesses is conducted as the testimony of the provisions in paragraph 2 of this Law 86.
3. The testimony of witnesses was not enough at the age of eighteen, who with limited capacity for civil acts must be conducted in the presence of the legal representative or the person who is performing the management, who look after it.
Article 88. For substances 1. At the request of the litigants or when it deems the contradictions in the testimony of 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 recorded into the minutes, signed by the participants.
Article 89. Review, evaluation in place 1. The review examined the right spot because the judge proceeded in the presence of the representative of the people's Committee of social agency, organization or where objects need to review, appraise and to notice the review, appraisal in place to litigants to know and consider appraising it.
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, the people's Committee of representatives of social organizations, agencies or where objects need to review, appraise and others are invited to participate in the review , evaluation. After finishing up the minutes, the look, the appraisal must request the representative of the people's Committee of social agency, organization or where objects need to review, appraise and sign verified seal.
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. The assessment can be conducted by the previous assessment made by other professional organizations or made under the provisions of the law.
Article 91. Referendum examiner reported evidence is forged 1. In the case of reported evidence is fake, then the person giving evidence that the right to withdraw; If not retracted, the accused has the right to request the Court examiner referendum according to the provisions of article 90 of this law.
2. in case of the fake evidence that signs of crimes the Court moved to the criminal investigation authorities.
3. The person giving evidence tampering to compensation if the fake evidence that cause damage to others.
Article 92. Property valuation of 1. The courts decide contested property valuation in the following cases: a) at the request of a party or Privy;
b) the parties agreed upon by low rates aimed at tax evasion or decrease the level of closed court fees.
2. The Council valuation because the courts decided to include the President of the Council and its members is to represent financial institutions and the specialized agencies concerned. 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 representatives granted the commune where the property valuation 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.
4. The valuation must be recorded into the minutes, in 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.
Article 93. Mandated collection of evidence 1. In the process of settling the civil case, the Court can decide to trust the courts or another competent agency specified in clause 4 of this testimony of the litigants, of witnesses, appraisal, property valuation or other measures to collect evidence , verify the details of the incident.
2. In the decision mandated must indicate the name, address of the plaintiff, the defendant, relations disputes and the specific tasks mandated to collect evidence.
3. The Court received the decision delegating responsibility to perform a specific job are mandated within a period of thirty days from the date of the decision and announce the results in writing to the Court decision mandated; the case does not perform the mandate they must inform in writing stating the reason of the failure to perform was the mandate for the Court to have the decision mandated.
4. In the case of the collection of evidence must proceed outside Vietnam territory the court procedures mandated through the competent authorities of Vietnam or the body conducting the proceedings of that country that foreign and Vietnam signed the agreement on judicial assistance or Vietnam to join international treaties containing provisions on the problem This time.
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.
Litigants asked the Court to proceed with gathering 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 may direct 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 as requested by the Tribunal within fifteen days from the date of the request.
Article 95. Preservation of evidence 1. Evidence was filed in the Court of the preservation of evidence that due to the responsible court.
2. The evidence cannot be delivered at the Court, the person who is storing the evidence which is responsible for preserving.
3. In case of need to communicate evidence for third persons 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 evidence.
Article 96. 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 value of legal evidence.
Article 97. Disclosure and use of evidence 1. All the evidence was published, and use the same publicity, except for cases stipulated in item 2 of this Article.
2. The Court does not publicize evidence related to State secrets, the customs of the peoples, confidentiality, trade secrets, secret private life of individuals at the request of plausible.
3. The person conducting the proceedings, the proceedings are kept confidential under the provisions of the law of evidence in the case did not publicize the provisions in paragraph 2 of this Article.
Article 98. Protection of evidence 1. In the case of evidence is being destroyed, in danger of being destroyed or later can hardly be collected then the litigants have the right to petition the courts do decide to adopt the necessary measures to preserve evidence. 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 the case of the alleged witness, control or bribed to not provide evidence or provide false evidence, then the Court has the right to decide to force the alleged behavior, control or bribed to cease threatening behavior, control or suborned witnesses. The case alleged behavior, control or bribed with signs of crimes the Court procuratorate requests review of criminal liability.
Chapter VIII provisional measures Article 99. Right to apply provisional measures 1. In the course of the case, litigants, legal representative of the Organization, agency or sue the case to protect the rights and lawful interests of other persons specified in clause 1 and clause 2 Article 162 of this Act have the right to ask the courts are resolving it applies one or more provisional measures prescribed in article 102 of this Act to temporarily solve the urgent request of the litigants, the protection of evidence, preserve the existing situation avoiding damage cannot fix or ensure 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 individual, agency or organisation has the right to petition the competent court to decide to apply provisional measures prescribed in article 102 of this law 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 119 of this code.
Article 100. The Authority decided to apply, change, cancellation of provisional measures 1. The application, changes, cancellation of provisional measures before opening the trial because a judge to review the decision.
2. Adopting, change, cancellation of provisional remedies in the trial because the trial to review the decision.
Article 101. 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 his request. In case the requested measures not the correct provisional 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 for third persons the Court must compensate if in one of the following cases: a) the courts themselves apply provisional measures;
b) courts apply provisional measures other than provisional measures that individual, agency or organization with the request;
c) courts apply provisional measures beyond requirements imposed provisional measures of the individual, agency or organization.
Article 102. Provisional measures 1. Assigning juveniles to individuals or organizations caring, nurturing, care, 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, remuneration, compensation, benefits or workers ' compensation occupational diseases for workers.
5. the temporary suspension of the enforcement of 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. Blocked bank accounts, other credit institutions, the State Treasury; blockade of assets in place to send.
11. property of the blockade has obligation.
12. Prohibited or forcing litigants made certain acts.
13. provisional measures which the law has specified.
Article 103. Assigning juveniles to individuals or organizations caring, nurturing, care, minor Traffic education for individuals or organizations caring, nurturing, care, education applies if solving the case related to juveniles does not yet have a guardian.
Article 104. 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 105. 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, and considers the request is grounded and necessary.

Article 106. Force the employers advance salary, remuneration, compensation, benefits or workers ' compensation occupational diseases for workers forced the employers advance salary, remuneration, compensation, benefits or workers ' compensation occupational diseases for workers to be applied if the resolution of the case are related to the requirement to pay wages compensation, remuneration, benefits or workers ' compensation and occupational disease found that requirement is grounded and necessary.
Article 107. Temporarily suspended enforcement of the decision dismissing the worker temporarily suspended enforcement of the decision to dismiss the employee applies if solving the case is related to the dismissal of workers and considers the decision to dismiss workers is unlawful or seriously affect the lives of workers.
Article 108. 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, destroy property.
2. The property being levy can be seized, preserved at the Court or enforcement authority established thereon allocated to a party litigant or the third person managed until the decision of the Court.
Article 109. 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 110. 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 111. 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 112. Blocked account at banks, other credit institutions, the State Treasury blocked accounts at banks, 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 warrant for the enforcement of the judgment.
Article 113. Blockade of assets in place send keep sanctioning property in the sender holds are 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 warrant for the enforcement of the judgment.
Article 114. Property of the blockade has obligation to blocked assets of the person who has the obligation to be imposed if 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 warrant for the enforcement of the judgment.
Article 115. Banned or forced to make some certain Prohibited acts or enforce some certain behavior applies if in the process of resolving based shows litigants or individuals, agencies, and organizations implement or not implement some certain behavior affect the resolution of the case or the rights and legitimate interests of others involved in the case are to be resolved by the courts.
Article 116. Application of provisional measures in the cases prescribed by law, the Court is responsible for resolving a request to apply provisional measures in addition to the cases specified in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 Article 102 of this law.
Article 117. 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, year written single;
b) the name, address of the person required to apply provisional measures;
c) the name, address of the person being asked to apply provisional measures;
d) summarizes the content dispute or behaviour violated rights and legitimate 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. for cases applying provisional measures prescribed in clause 1 Article 99 of this law, the judge assigned the case to consider, resolve. Within three days of receiving the application, if the requester does not have to implement measures ensuring or shortly after the implementation of measures to ensure that the provisions of article 120 of the law, the judge must now decide to apply provisional measures; the case did not accept the request, the judge must inform, in writing and stating the reason for the request to know.
The case of the trial received the petition to adopt provisional measures at the trial, the trial to consider the decision to apply provisional measures immediately or after the requester has done the secured measures specified in article 120 of this Act.
3. for the case ask to apply provisional measures prescribed in clause 2 of this law, the 99 Things after receiving the petition along with the petition and the evidence, Chief Justice of the Court to appoint 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 prescribed in clause 10, paragraph 102 of this Law Article 11, only to be blocked account, the property value is equivalent to the property of that person is obliged to apply provisional measures are supposed to perform.
Article 118. Recommendations apply provisional measures of the Agency, the organization claims the case to protect the rights and interests of another agency, the organization claims the case to protect the rights and interests of other persons specified in clause 1 and clause 2 Article 162 of this Act petitions the Court to apply provisional measures in writing in which are stated clearly the reason the Petitions the Court to apply provisional measures; 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 content disputes or violence, legal rights and interests of litigants; evidence to justify the continued his recommendations are based and legally.
Article 119. 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 102 of this law in case of litigants are not required to apply provisional measures.
Article 120. Enforce the secured measures 1. Who asked the Court to apply one of the provisional measures prescribed in paragraphs 6, 7, 8, 10 and 11 Article 102 of this law must submit a sum of money, precious metal, precious or valuable papers because the Court determined but are equivalent to the obligation of property that people are supposed to take to protect the interests of the person being applied provisional measures and prevent the abuse of the right to apply provisional measures from the person who has the right to ask.
With regard to the case prescribed in clause 2 of this law 99 of time make sure remedies prescribed in this not so 48 hours from the time of filing the request.
2. Funds, precious metal, precious or valuable papers must be sent to the account blocked at the bank where the headquarters of the Tribunal decided to apply 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 in the courts. The Court must make delivery procedure and send the right amount into the Bank on the next working day.
Article 121. 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 117 of the code.
Article 122. Cancel the application of provisional measures 1. The Court now decided to cancel the provisional measures have been applied when one of the following cases: a) the requesting measures proposed provisional cancellations;
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.
2. In case of cancellation of the provisional measures, the Court must consider, the decision to require people to apply provisional measures receive funds, precious metal, precious or valuable papers guarantees specified in article 120 of this Act, except in the case prescribed in clause 1 Article 101 of this law.
Article 123. 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, individuals, agencies and related organizations, the enforcement agencies have the authority and the Procuratorate at the same level.
Article 124. 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 recommendations to Chief Justice courts are resolving about decided to apply, change, cancellation of provisional measures or the judges decision not to apply , change, cancellation of provisional measures. Time limit complaints, Petitions is three 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 125. 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 and resolve complaints, Petitions the provisions of article 124 of this Act within three 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 as soon as defined in clause 2 Article 123 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 126. 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. In the case of the decision to apply provisional measures with regard to registered property ownership, the litigants are obliged to submit a copy of the decision for the governing body to register ownership.
Chapter IX court fees, fees and other litigation costs Item 1 Article 127 fees Scheme. 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. Fees include fees for copies judgments, 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 128. 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 are drawn to the implementation of projects under the decision of the Court.
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 has effect, the amount of the advance has been obtained should be submitted to the State budget.
In 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 129. 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 130. 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, except not an advance payment of fees.
Article 131. The obligation to file the appeals court fees 1. Litigants should bear court fees at first instance if their request was not accepted by the courts, except filing court fees at first instance or not filed appeals court fees.

2. In the case of the litigant parties not identified are part of its assets in common property block and has asked the courts to solve common property Division that each party litigants must pay the court fee of first instance corresponding to the value of assets to which they are entitled.
3. Before opening the trial, the Court reconcile if the parties to the agreement are equivalent to each other about 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 must file the court fees, does not depend on the courts to accept or not accept the plaintiff's request. In both cases the divorces agreement each party litigants to bear half the cost of the judgment at first instance.
5. in case there are litigants filed appeals court fee exemption, then 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. In the event the case is temporarily suspended the settlement obligations of the first instance court fees are decided when the case was further addressed in accordance with the terms of 1, 2, 3, 4 and 5 of this Article.
Article 132. The obligation to file the appeal court fees 1. Litigants to appeal must be filed in the appellate court fees, if the Court of Appeal judgment unchanged, the decision of the first instance was appealed, unless exempted or not filed in the appellate court fees.
2. In case the Court of Appeal correct judgment of the first instance decision was appealed, the litigants to appeal not filed with the appellate court fees; The Court of appeal must redefine the obligations of the first instance court fees as specified in article 131 of this Act.
3. In case the Court of appeal cancelled the verdict of first instance decisions were appealed to the trial at first instance, the litigants to appeal not filed with the appellate court fees; the obligation to file the court fees are determined when tackling the first instance case.
Article 133. Obligation to pay duty fees are determined according to each type of civil law and specific regulations.
Article 134. Specific provisions regarding court fees, court fees, the fees of court fees for each specific case, the type of fee, the specific fee level, the cases are exempt or are not an advance payment of court fees, cash advance fees, the cases are exempt or do not pay the court fee fees and other specific issues related to court fees, fees have not yet been regulated in this law by the national committees regulations.
Section 2 of the cost of other proceedings Article 135. Advance payment of costs, the costs of inspection inspection 1. Advance payment of costs of the assessment is the amount the Organization, individuals are the Court examiner provisional referendum to conduct the assessment according to the decision of the Court.
2. Inspection is necessary and reasonable amount to pay for the work and the assessment by the Organization, individuals perform the assessment computed pursuant to the provisions of the law.
Article 136. Obligation to advance the cost of inspections 1. The referendum required expertise to an advance payment of costs, unless the parties involved have agreed otherwise or the law otherwise.
2. In the case of the litigant parties agreed upon the choice of authorities or the same requirements on the same object, each examiner referendum party litigants must pay half the amount of the advance costs, unless the parties involved have agreed otherwise or the law otherwise.
Article 137. Cash advance handling fee examiner has submitted 1. In case the person has paid the advance inspection is not filed, the examiner cost people have to file inspection according to the decision of the Tribunal to reimburse the person who has paid the advance inspection.
2. In the case of the person who has paid the advance inspection inspection costs payable, 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 already paid is higher than the actual inspection costs then they are paid back part of the money that's left.
Article 138. Obligations the cost assessment in the case of the litigant parties no other agreement or law does not otherwise specified the obligations the cost assessment is defined as follows: 1. The person requesting inspection must file the referendum money costs evaluation, if the evaluation results demonstrate that person's requirements is not grounded;
2. Who did not accept the requested referendum must submit inspection inspection costs money, if the results prove the examiner's request to ask the examiner's requisition.
Article 139. Advance payment of costs pricing costs pricing 1. Advance payment of costs is the valuation amount that temporary valuation Council to conduct the valuation according to the decision of the Court.
2. The cost of valuation is necessary and reasonable amount to pay for the pricing and valuation by the board computer based on the rule of law.
Article 140. Obligation to advance the cost valuation of 1. The valuation requirement is an advance payment of costs, unless the parties involved have agreed otherwise or the law otherwise.
2. In cases where the parties involved cannot agree on the price the valuation Tribunal or requirements specified in point b of paragraph 1 to article 92 of the code, each party litigants must pay half the amount of the advance costs of valuation.
Article 141. Handling the advance costs of valuation submitted 1. In case the person has paid the advance costs must not submit pricing costs pricing the valuation fee payable at the discretion of the Court to reimburse the person who has paid the advance costs of valuation.
2. In the case of the person who has paid the advance costs must submit valuation cost 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 already paid is higher than the cost of the actual valuation, they are paid back part of the money that's left.
Article 142. Obligations in case of the valuation of costs the parties litigant has no other agreement or law is not otherwise specified, the obligations of valuation fees is determined as follows: 1. The person requested must submit valuation cost valuation of money, if the valuation results prove that person's requirements is not grounded;
2. Who do not accept valuation requests must be filed if the valuation cost valuation required proof of the required evaluation is based;
3. In case the parties do not agree on the price for which the valuation Tribunal requests each party litigants must pay half the amount of the costs of valuation;
4. In case the Court decision of valuation specified in point b of paragraph 1 to article 92 of this law shall: a) each party litigants must pay half the amount if the valuation cost valuation results prove pricing decisions of the Tribunal are based;
b) courts pay a price if the valuation results prove pricing decisions of tribunals is unfounded;
5. In the case of valuation to divide public property each subdivided property shall bear part of the cost price in proportion to the value of part of the property that they are divided.
Article 143. 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 for the truth but does not meet the requirements of the proposal. In the case of consistent 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 144. 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 an attorney within the rule of law and in accordance with the law.
3. Costs for the translator, for the lawyers because the request subject, except in the case of the litigant parties have agreed otherwise.
4. In case the courts ask the interpreter costs for an interpreter because court charged.
Article 145. Specific provisions on the costs of the proceedings to another specific inspection costs, pricing and costs specific to the witness, interpreter, lawyer by the national committees regulations.
Chapter X, served notice of the proceeding text, Article 146. The duty levels, served or notified the court proceeding text, Procurator, court enforcement agencies are obliged to grant, served or notice the text of the proceedings for the litigants, the participants in the proceedings and other individuals, agencies and relevant organizations under the provisions of this law.
Article 147. The text of the proceedings must be given, served or the notice 1. The verdict, the decision of the Court.
2. Petition, appeal, decided to protest.
3. Paper, paper invitations, summons in the civil proceeding.
4. Receipts advance court fees, cash advance fees, court fees, fees and other costs.
5. The text in other proceedings which the law has specified.
Article 148. The implementation of the grant, or the written notice served in the proceedings 1. The grant, served or notice the text of the proceedings due to the following people: a) the person conducting the proceedings, the Agency released the text of the proceedings was entrusted with the implementation of the grant, or the written notice served in the proceedings;
b social people's Committee) where civil litigation participants domiciled or agency, held where participants work in civil proceedings the Court may require;
c) litigants, litigants or their representatives who protect the legitimate rights and interests of litigants in cases prescribed by this Act;
d) postal employees;
DD) other people that the law has specified.
2. The person who has the obligation to implement the grant, served or notice without courtesy, depending on the nature and extent of the violation that was disciplined, the administrative sanction or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 149. The method of levels, served or notified the grant proceedings, text to screen text message reaches or the proceedings are done using the following method: 1. level, served, notice directly, by post or third persons is authorized;
2. a public listing;
3. reporting on the mass media.
Article 150. The validity of the grant, or the written notice served in the proceedings 1. The grant, served or the notice text that the proceedings be conducted pursuant to the provisions of this law shall be considered valid.
2. The person who has the obligation to implement the grant, served or notice of the proceeding text must follow the provisions of this law.
Who has the obligation to enforce the written proceedings were granted, or a valid notice served is strictly enforced; the case is not executed or executed improperly, then depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 151. Procedures, served or direct message the person who made the grant, served or the notice text proceedings are directly transferred to the person to be served, or notice the text of the relevant proceedings. Who is granted, notice must be served, or subscribe to the minutes or the shared delivery of documents in the proceedings. Time to calculate the duration of the proceedings was the day they were granted, or a written notice served in the proceedings.
Article 152. Procedures, served or the notice directly to the individual 1. People are granted, served or the notice is personally, then the text of the proceedings must be delivered directly to them.
2. In case the person to be served, or notice the absence of the proceedings can be assigned for loved ones prefer to have full capacity for civil acts together with their resident newsletter and ask this person to commit to leaving the right hand for the person to be served, or notice. June Newsletter of relatives like the same residence are considered to be on the level, served or notice.
In case the person to be served or the notice, no relatives prefer to have full capacity for civil acts the same residence or have but they won't receive text, the litigation guardian may transfer that text for the major population groups, head of Hamlet, village, Hamlet, a merchant,, phum , care (hereinafter referred to as the locality head), the people's Committee of public safety, communes, wards and towns where people are granted, served or the notice of residence and ask these people committed to leaving the right hand for people granted, served or notice.
3. In the case of the grant, served or notified by someone else who must record-setting made it clear the person is granted, the song reached or absent, a written notice of the proceedings has been given; the reason; delivery date and time; the relationship between them; commitment to hand back just the text of the proceedings to the person to be served, or alert level. The minutes are signed by the person receiving the moving text of the proceedings and the execution of the grant, served or notified, the witness.
4. In case the person to be served, or notice has moved to the new address must then grant, served or notified according to their new address.
5. In case the person to be served, or notice of absence that unknown time of return or unknown address, then the people who make the grant, served or notice must set the minutes about not made the grade, served or the notice signed by the person who provided the information.
6. In case the person to be served, or notice to refuse receipt of the text of the proceedings, the person who made the grant, served or notice must set the minutes which stated the reason for rejection, certified by the Chief City, the people's committees, public security, Ward Township the town, about the people that refused to accept the text of the proceedings.
Article 153. Procedures, served or direct notice to the Agency, the Organization was granted, served or notified bodies, 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. In the case of organs, the Organization was granted, served or have a representative attend the proceedings or representatives received the text of the proceedings then these people subscribe to the text of the proceedings. December newsletter is on granted, served or notice.
Article 154. The procedures listed

1. The text listed in the proceedings only made when Frank unknown people are granted, served or notice or may not make the grade, served or direct message.
2. The text listed in the proceedings by the courts directly or authorize the people's Committee of the social place of residence or domicile of the person eventually issued, served or the notice is made according to the following procedure: a) listed on the main court at the headquarters The people's Committee of social level, place of residence or domicile of the person eventually issued, served, or notice;
b) listing a copy at the place of residence or domicile of the person eventually issued, served, or notice;
c) set the record on the implementation of the procedures listed in which specify days, months, years listed.
3. The time the text listed in the proceedings is fifteen days from the date of listing.
Article 155. Notification procedure on mass media 1. The announcement on the mass media only when the law has regulated or defined base is listed does not guarantee for the person to be served, or to get information about text need be given, served or notice.
The announcement on the mass media can be made if requested by litigants. The fee is reported on the mass media do litigants have notice requirements must bear.
2. reporting on mass media to be posted on the Central Government's daily newspapers in the three consecutive numbers and broadcast on radio or television station of Central three times in three consecutive days.
Article 156. The results announcement, served or notified the court documents in the case who made the grant, served or the notice text is not proceeding the Court or agency issued the text of the proceedings or the officers of the agencies they should immediately notify the grant results bombardment, or text notification of the proceedings to the Court or agency issued the text of the proceedings.
Chapter XI the proceedings time limit Article 157. 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 individuals, agencies, related organizations perform acts of 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 can occur.
Article 158. 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 159. Time, time required 1. Time is the duration for which the owner is entitled to request courts to settle 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. Time required is the time limit for which the owner 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. In case the law has no provisions about time, time required, the time, the time required is specified as follows: a) the time to ask the Court to resolve civil cases is two years from the date of the rights and legitimate interests of individuals , agency, organization, public interest, the interests of the State being violated;
b) time required to resolve the civil courts is one year from the date of arising of rights requirements.
Article 160. 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 to resolve the case at the Court of first instance Chapter XII petitioner and the case Article 161. Rights, bodies, organizations have the right themselves or through a legal representative Sue case (hereinafter referred to as the petitioner) at the court competent to request the protection of the rights and legitimate interests.
Article 162. 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. The Agency on population, family and children, the women's Union in the scope of the task, their powers have the right to litigate the case on marriage and the family in the case by the law on marriage and family stipulates.
2. Union grants on the basis of the Union have the right to sue the case workers in case of need to protect the rights and legitimate interests of workers by law.
3. Agency, organized within the scope of the task, their powers have the right to sue the civil case to ask the courts to protect the public interest, the interests of the State in the area charge.
Article 163. The scope of claims 1. Individuals, agencies, organizations can sue one or more individuals, agencies, and organizations of a legal relationship or more related legal relationship with each other to settle in the same case.
2. Many individuals, agencies, organizations can sue an individual, an agency, an institution of a legal relationship or more related legal relationship with each other to settle in the same case.
3. Individual, agency or organization with the authority prescribed by this Act may sue for one or more individuals, agencies, and organizations of a legal relationship or more related legal relationship with each other to settle in the same case.
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 require the courts to solve for the defendant, who has the rights, the obligations involved;
h), last name, address of the witness, if any;
I) documents and evidence to justify asking Sue is based and legally;
k) other information which the petitioner deems necessary for the resolution of the case;
l) the petitioner's individual must sign or point only; If the agency or organization to sue the legal representative of the Agency, the organization that must be signed and stamped on the bottom menu.
Article 165. Documents and evidence, petition the petitioner must submit the petition document, evidence to justify its request is legitimate and well-grounded.
Article 166. Submit the petition to the Court 1. The petitioner submitted a petition and lawsuit documents, and evidence to the courts having jurisdiction to resolve the case by using the following method: a) Filed directly in court;
b) sent to the Court by post.
2. on Sue is calculated from the date of filing in the courts litigants or postmarked on the sender.
Article 167. The procedure of receiving the petition

The Court must receive the petition filed by litigants in the courts directly or sent by post and have to write to the window to receive menu. Within five working days from the date of receiving the petition, the Court must consider and have one of the following decisions: 1. To conduct the procedure of the case if the case in his jurisdiction;
2. transfer the petition to the competent court and inform the petitioner, if the case in the jurisdiction of other courts;
3. Return the petition to the petitioner, if it is not in the jurisdiction of the Court.
Article 168. Return the petition 1. The Court returned the petition in the following cases: a) time has run out;
b) the petitioner does not have the right to sue or do not have enough capacity for civil acts;
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 physician for divorce, please change, change the level of support, the level of compensation or the case requires rental property , loan, rent, lease, in which the Court has not yet accepted thanks to ask do not yet eligible to sue;
d) expiry of notice prescribed in clause 2 Article 171 of this law that the petitioner is not up to the courts to do the procedure of the case, unless there are justifiable reasons;
DD) Not eligible to sue;
e) case not in the jurisdiction of the Court.
2. When returning the petition, the Court must have the attached text to specify the reason for returning the petition.
Article 169. The revised requirements, additional petition 1. In the case of the petition does not have enough content to the provisions in clause 2 of this code 164 the Court shall inform the petitioner knew so they modify, in addition to a time limit fixed by the Court, but not more than thirty days; in special cases, the Court may extend the term, not to exceed fifteen days.
2. In cases where the petitioner has modified, additional petition as prescribed in clause 2 of this code 164 the Court continued the case; If they do not amend, Supplement at the request of the Court the Court shall return the petition and attached documents and evidence for the petitioner.
Article 170. Complaints and complaints about returning the petition 1. Within three working days from the date of 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.
2. within three working days from receipt of complaining about the return of the petition, the 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.
Article 171. Case 1. After receiving the petition and attached documents and evidence, if it deems the case in the jurisdiction of the Court the Court 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 Court intended to advance the court fee, write to the newspapers and coupons delivered to the petitioner to them an advance payment of court fees. Within a period of fifteen 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 court fees.
3. The Court of the case when the petitioner submitted the receipt to the Court an advance payment of court fees.
4. In the case of the petitioner is exempted or not an advance payment of court fees, court fees, the Court is the case when receiving the petition and attached documents and evidence.
Article 172. Assigned to the judge of the case 1. Within three working days from the date of the case, Chief Justice of the court assigned a judge to resolve the case.
2. 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 the beginning.
Article 173. The duties and powers of judges when setting the case file 1. Notification of the case.
2. Require litigants filed the document, evidence for the courts.
3. Do one or some of the measures taken to collect evidence as stipulated in paragraph 2 of this law 85.
Article 174. Notification of case 1. Within three working days from the date of the case, the Court must be notified in writing to the defendant, individuals, agencies, organizations that have rights, obligations related to the resolution of the case, to the Procuratorate at the same level on the court 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) the name, address of the petitioner;
d) specific issues the petitioner asks the Court to settle;
DD) list of documents and evidence petitioner filed the attached petition;
e) the time limit for the notice must have the written comments submitted to the Court with respect to the request of the petitioner and the documentation, evidence, if available;
g) legal consequences of the person to be notified is not submitted to the Court the text of his comments with respect to the request.
Article 175. Rights, the obligation of the person to be notified 1. Within fifteen days of receiving the notice, the notice must be submitted to the Court the text of his comments with respect to the request of the petitioner and the documentation, evidence, if available.
In case of need to renew it was reported to have limited application submitted to the court stating the reason; If the request is grounded the Court must extend, but not more than fifteen days.
2. The person to be notified have the right to ask the courts for viewing, recording, copy of the petition and attached documents and evidence of the petition.
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 plaintiffs.
2. Request the side of defendant for plaintiffs is accepted when one of the following cases: a response factor) required to offset obligation with the plaintiff's 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 requirements;
c) Between the request and response required of plaintiffs have relevance to each other and if resolved in the same case, the making of the case are accurate and faster.
Article 177. Right to request independent of the person who has the rights, the obligations involved in the case who 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: 1. The resolution of the case is related to the benefits , of their obligations;
2. The requirement of independence they are relevant to the case being resolved;
3. The requirement of independence they are resolved in the same case to make the resolution of the case was correct and faster.
Article 178. 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 of the trial preparation and settlement Article 179. The time limit for pretrial preparation 1. The time limit for pretrial preparation of these types of cases are defined as follows:

a) with regard to the provisions of article 25 and article 27 of this law, the time limit of four months from the date of the case;
b) with respect to the provisions of article 29 and article 31 of this law, the time limit of two months from the date of the case.
For the case or due to the complex nature of objective obstacles, the Chief Justice of the Court may decide to extend the time limit for pretrial preparation, but no more than two months for the case in cases specified in point a and a, with respect to the case in the cases specified in point b of paragraph 1 of this article.
2. in the time limit for pretrial preparation specified in paragraph 1 of this article, custom case, a court in the following decisions: a) recognized the agreement of the litigants;
b) suspension of the case;
c) settling the case;
d) bringing the case to trial.
3. Within the time limit of one month from the date of a decision bringing the case to trial, the courts must open the trial; in case there is reason this time limit shall be two months.
Article 180. Reconcile principles 1. Within the time limit for pretrial preparation of first instance cases, courts reconcile to the litigants agreed with each other about the case, except the case not be reconciliation or not reconcile is regulated in article 181 and 182 of this Act.
2. The conciliation is conducted according to the following rules: a) respect the voluntary agreement of the litigants, not use force or the threat of use of force, forcing litigants to the agreement is inconsistent with the will of themselves;
b) content agreement between litigants are not unlawful or immoral society.
Article 181. The civil case was not reconciliation 1. Request compensation for damage to the property of the State.
2. The civil case arising from the transaction is unlawful or immoral society.
Article 182. The civil case does not reconcile to be 1. The defendant has been duly summoned to court for the second time that still intentionally absent.
2. Litigants could not join the reconciliation because there's good reason.
3. Privy is spouses in divorce cases was the loss of the capacity for civil acts.
Article 183. Notice of mediation session before conducting reconciliation, the courts must inform the Privy, the legal representative of the litigants to know about time, location, conducting reconciliation, content issues need reconciliation.
Article 184. The composition of conciliation session 1. Presiding judge reconciliation.
2. The Secretary of the Tribunal record reconciliation.
3. The litigants or legal representative of the litigants.
In a case many litigants, which have the equivalent in the absence of conciliation, but the litigants present still agreed to reconcile and the reconciliation that does not affect the rights, obligations of litigants are absent then the judges reconcile between the litigants are present; If the litigants suggested to postpone the reconciliation session to present all the litigants in the case, the judge must postpone reconciliation session.
4. The translation, if litigants do not know Vietnamese.
Article 185. The content of conciliation When reconcile, judge common for litigants to know the rules of law are relevant to the resolution of the case to the parties related to the rights, obligations, the analysis of the legal consequences of conciliation into so that they voluntarily agreed with each other about the case.
Article 186. Report on the conciliation 1. The reconciliation was the Secretary of the court record in the minutes. The minutes of settlement must have the following major contents: a) the day, month, year conducting conciliation;
b) location conducting conciliation;
c) conciliation session participants;
d) comments of the litigants or legal representative of the litigants;
DD) The content was the equivalent of the agreement, no agreement.
2. Minutes of reconciliation must be fully signed or only point of litigants in the absence of conciliation, the signature of the clerk of court record and presiding judge of reconciliation.
When the litigants agreed with each other on the issue to resolve in civil cases the Court shall establish the minutes of settlement. The minutes are sent immediately for the litigants to join reconciliation.
Article 187. The decision recognized the agreement of litigants 1. The expiry of seven days from the date of establishment of conciliation proceedings into which no litigant would change their opinion on the agreement that the presiding judge reconciliation or a judge the Chief Justice the court assigned the decision recognized the agreement of the litigants.
Within five working days from the date of the decision recognized the agreement of the litigants, the courts 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 3 to article 184 of this Act that 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. In 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 conciliation agree in writing.
Article 188. 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 or unlawful, immoral society.
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. A party litigant personally 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 before the new resolution solved the case.
5. other cases prescribed by law.
Article 190. 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 courts continue to resolve civil cases.
3. The decision to temporarily suspend solve civil cases could be appealed, the appeal under the procedure of appeal.
Article 191. Continue to settle civil case is temporarily suspended the courts continue to settle civil case is temporarily suspended when the reason for suspension is no longer in.
Article 192. 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 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;
DD) litigants has agreements and do not require the Court to continue the case;
e) plaintiff was duly summoned to the second which remains absent;
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) other cases where the law has specified.
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 the case in case of returning the petition specified in article 168 of the code.
Article 193. Consequences of the suspension settles civil case 1. When a decision settling civil cases, litigants have no right asking the courts resolve 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 provided for in point c , e and g of paragraph 1 to article 192 of the code and the case law contains other provisions.
2. In the case of court decisions settling civil cases as prescribed in paragraph 1 of this law 192 Thing advance payment of court fees that litigants have filed are sung to the State Fund.
3. In the case of court decisions settling civil cases as prescribed in paragraph 2 of this law 192 then advance payment of court fees that litigants have filed returns for people who have an advance payment of court fees.
4. The decision to suspend the case could be appealed, the appeal under the procedure of appeal.
Article 194. Decision-making authority temporarily suspended, settling civil cases 1. Judges are assigned to resolve civil cases have the jurisdiction to make a decision to temporarily suspend or discontinue solve civil cases.
2. within five working days from the date of the decision to temporarily suspend, suspension of the case, the Court must send the decision to the litigants and the Procurator at the same level.
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 asked 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) Prosecutor's name, They participated in the trial, 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.
Chapter XIV of the trial of first instance section 1 General provisions about the trial of first instance Article 196. General requirements for the trial of first instance trial at first instance 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 197. Direct trial, by word of mouth and constant 1. The Court must direct the identification details of the case by asking and listening to presentations 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 the proceedings; look, check out the documentation and evidence was collected; listen to the statements of Prosecutor's opinion the prosecutor about the case, in the case of Prosecutor to join the trial. The only verdict is based on the results of litigation, the question at the trial and the evidence was reviewed, tested at the trial.
2. The hearing and must be conducted continuously, except for time off. The members of the Board of review to the trial of the case from the beginning until the end, except in the case prescribed in clause 1 Article 198 of this law.
In special cases due to this law, the trial can pause for no more than five working days. Expiry of suspension, the trial of the case is continuing.
Article 198. Replacement of Board members to trial in special cases 1. In the case of judges, people's assessors could not continue to attend the trial of the case but the judge, jurors attended people with disabilities, then these people are taking the next hearing of the case if they were present at the trial from the start.
In the case of trial have two judges that the judge presiding the trial did not continue to participate in the trial, the judge is a member of trial do preside the trial and judge attended the flaw was added as a member of trial.
2. in the absence of judges or people's assessors attending alternates to replace members of the Board of review or to change the presiding trial judge without replacement as specified in paragraph 1 of this article, the case must be heard again from the beginning.
Article 199. The presence of the plaintiff at trial 1. The plaintiff must be present at the trial according to the summons of the Court; If absent the first have justifiable reasons to postpone the trial.
2. The plaintiff has duly been summoned to second that remains absent, then considered to be a waiver of the petitioner and the Court decides to suspend the case. In cases where the Court decides to suspend the case, the plaintiff has the right to sue, if time still.
Article 200. The presence of the defendant in trial 1. The defendant must be present at the trial under the summons of the Court; If absent the first have justifiable reasons to postpone the trial.
2. The defendant has been duly summoned to the second that is still absent from the Court still conducting a trial in absentia.
Article 201. The presence of the person who has the rights, related obligations 1. People have rights, obligations relating to be present at trial according to the summons of the Court; If absent the first have justifiable reasons to postpone the trial.
2. People who have rights, obligations in relation to valid was summoned for the second time that still absent the Court still conducting a trial in absentia.
3. People have rights, obligations relating to independent request was summoned to the second valid still absent then considered abandoning his independence and request the Court to suspend the decision of the case with respect to the requirement of independence has , the relevant obligations, if the plaintiff and defendant agree. In case the Court decides to suspend the case for independence, the people have rights, obligations in relation to have the right to sue back towards independent requirements that, if time still.

Article 202. Trial in the case is equivalent to the absence in the trial courts still proceed to trial of the case in the following cases: 1. The plaintiff, defendant or person having an interest in the relevant obligations, absent from the trial have suggested single trial courts absent;
2. The plaintiff, defendant or person having an interest in the relevant obligations, absent from the trial have legal representatives participated in the trial;
3. The case prescribed in clause 2 Article 200 and 201 of the Law Article 2 clause.
Article 203. The presence of the protection of legitimate rights and interests of litigants Who protected the legitimate rights and interests of litigants must join the trial according to the summons of the Court; If absent the first have justifiable reasons to postpone the trial. The protection of the rights and legitimate interests of the litigants was valid up to the second that is still absent from the court conducting the trial of the case; in this case, litigants to protect the legitimate rights and interests.
Article 204. In the presence of witnesses 1. Witnesses are obliged to participate in the trial under the summons of the Court to clarify the details of the case. In the case of witnesses absent but before that there was testimony to the Court directly or submit to the court testimony, then presiding the trial declared that testimony.
2. in case of the absence of witnesses, the trial decided to postpone the trial or proceed to trial; the case of the absence of the witnesses at the trial have no reason and the absence hinders for the trial could be leading up to the trial according to the decision of the Board of review.
Article 205. The presence of the examiner 1. The examiner has the obligation to participate in the trial under the summons of the Court to clarify the issues related to the assessment and the conclusion.
2. in case of absence of the examiner, the Board of adjudication decided to postpone the trial or proceed to trial.
Article 206. 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, except in cases of litigants still required proceed to trial.
Article 207. The presence of the Prosecutor 1. Prosecutor was Minister Prosecutor same level assigned mission is to participate in the trial.
2. In case 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 were present at the trial from the start.
In no case the Prosecutor membership to replace the trial decided to postpone the trial and report to the Minister the Prosecutor at the same level.
Article 208. The deadline postponed the trial and decided to postpone the trial 1. In the case of trial decision adjourned the trial as stipulated in paragraph 2 to article 51, paragraph 2 Article 72 and article 199, 200, 201, 203, 204, 205, 206, 207, 215, and paragraph 4 of this law, the 230 Thing deadline postponed the trial of first instance not to exceed 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) courts and their Name, the 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 the Board of review and sign the public notice for the participants in the proceedings; for a absences the Court sent immediately for they decided that, at the same time send to the Procuratorate at the same level.
4. In the case after the adjournment of the trial that the Court cannot reopen the trial on time, location to reopen the trial record in the decision 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 209. The trial rules 1. The person under sixteen years of age were not in the courtroom, except with court summons to join the trial.
People in the courtroom to stand up when the trial in the courtroom, the trial must respect, preserve order and follow the direction of the presiding the trial.
Only those who are trial allows new questions, answers or statements. People ask, answers or statements to stand up, except for health reasons was presiding the trial lets sit to ask, answer or speech.
2. The Chief Justice of the Supreme People's Court on the bases prescribed in clause 1 of this article and the provisions of the law enacted rules the trial.
Article 210. The procedure of judgment and the decision of the Court in trial 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 to be discussed, adopted at the Conference and must be made in writing.
3. Decisions on other issues was discussed and the Board of review through in the courtroom, not written into the text, but must be recorded in the minutes of the trial.
Article 211. 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 195 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 record of the trial, the recorder, to record on the trial can only be conducted when the consent of the Board of review.
3. After the end of the trial, presiding the trial to check the minutes and with the Court Clerk to sign the minutes.
4. the Prosecutor and the participants in the proceedings have the right to view the minutes of the trial shortly after the end of the trial, asked to write the amendment, added to the minutes of the trial and signed.
Article 212. Prepare the opening of the trial before the opening of the trial, the clerk of court must conduct the following tasks: 1. Common rules of the trial;
2. check, determine the presence, absence of the participants of the trial according to the summons, the Court's notice paper; If someone is absent, then the need to clarify the reason;
3. Stable order in the court room;
4. Ask everyone in the courtroom stood up when the trial in the courtroom.
Section 2 procedures for the trial Article 213. The opening of the trial 1. Presiding the trial opening of the trial and read decided to bring the case to trial.
2. The Secretary of the Tribunal to report to the Board of review about the presence, absence of the participants of the trial according to the summons, the paper report of the Tribunal and the reasons for absence.
3. the presiding trial 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.
4. Preside the trial authority, common 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 trial asking who has the right to request changes to those proceedings are conducted, the examiner, translator see them there who doesn't change request.
Article 214. Resolve the request to change the conduct of the proceedings, the examiner, translator

In case someone asks 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 215. Consideration, decided to postpone the trial when someone is absent When there are participants in the proceedings in absentia in the trial that is not 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, to not accept the case stating the reason.
Article 216. Ensuring the objectivity of witnesses 1. Before the witness was asked about the issue 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. In the case of the testimony of the litigants and the witnesses have mutual influence shall preside the trial could decide the quarantined litigants with witnesses before questioning witnesses.
Section 3 procedure for questioning at the trial Article 217. Ask litigants about changing, supplementing, withdrawal of procedural questions are started by the presiding trial 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 218. Consider the change, addition, withdrawal requests 1. The trial to accept the change, additional requests of litigants, if things change, additional requirements not exceeding the scope of the request, the request response elements or requirements of independence.
2. in the 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 219. Change the status of the proceedings 1. In case 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. In case 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 is obliged to request independence become the defendant.
Article 220. Recognition of agreement 1. Presiding the trial asked the litigants had agreed with each other about the case or not. In the case of the litigants agreed with each other about the case and their agreement is voluntary, not contrary to law or morals, 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.
Article 221. Listen to the presentation of the 1. In the case of Privy remains of their claims and litigants not be agreement about solving the case, the trial began hearing of the case by listening to presented by the litigants in sequence: a) the protection of the rights and legitimate interests of the plaintiff presented the request of plaintiff and evidence to proof for the request is legitimate and well-grounded. The plaintiff has the right to additional comments.
In case the Agency held Sue case, the representative of the Agency, held a presentation about ask sue and evidence to justify asking 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 evidence to justify that recommendation is grounded and legal. 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 that recommendation is grounded and legal. People have rights, obligations relating to have additional rights comments.
2. In the case of the plaintiff, the defendant, who has the rights, the 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 have the right to additional evidence to justify the request, his proposal.
Article 222. The order in question at the trial after hearing word of the litigant's presentation done, asking each person on each issue are made according to the order in presiding the trial asked jurors came before the people, then to protect the legitimate rights and interests of litigants, litigants and participants in the proceedings; case Prosecutor participated in the trial, the prosecutor asked, after the litigants.
Article 223. Asked plaintiffs 1. In 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 conflict with those of their previous 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 224. Ask the defendant 1. In 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 conflict with those of their previous testimony, in conflict with the requirements of 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 225. Ask people who have rights, obligations relating to 1. In the case of many 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 conflict with those of their previous testimony, in conflict with the requirements of the plaintiff, the defendant's proposal and the protection of 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 226. Ask witnesses 1. In the case of many witnesses ask separately one by one.

2. Before questioning witnesses, presiding the trial to ask about their relationship with the litigants in the case; If witnesses are minors shall preside the trial might ask his father, mother, guardian or teacher, the teacher help to ask.
3. the presiding trial asking 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.
4. After the presentation, the witness in the back of the courtroom to be questioned further.
5. where 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 saw them.
Article 227. Published the materials of the case 1. The Board of review published the documents of the case in the following cases: a) participants in the proceedings are not present at the trial that in the preparatory phase of the trial there was testimony;
b) The testimony of the participants in the proceedings at the trial contradicted the earlier testimony;
c) In other cases that the trial found necessary or requested by the Prosecutor, the person taking the proceedings.
2. in special cases need to keep state secrets, preserving the customs of the peoples, keeping confidentiality, trade secrets, secret private life of individuals at the request of the litigants, the trial does not publish the material in the case file.
Article 228. Listen to the tape recording, recording disks, see the disk, tape recording at the request of the Prosecutor, the person involved in the proceedings or when it deems necessary, the Board of review to hear the tape recorders, disc recorders, watching tape, disk recorder at the trial, except in the case prescribed in clause 2 Article 227 of the code.
Article 229. 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 the Privy to look at the physical evidence cannot be brought to trial.
Article 230. Ask the examiner 1. Presiding the trial requires the examiner presents his conclusions on assigned inspection problems. When present, the examiner has the right to interpret the additional conclusion, the base to put out the conclusion.
2. the Prosecutor, the participants in the proceedings in the trial have the right to comment on the conclusions, was asked what issues remain unclear, or contradict the conclusions in the assessment or in conflict with the other details of the case.
3. In case the examiner was not present at the trial, the presiding trial announced the conclusion.
4. When there are participants in the proceedings did not agree with the conclusion was announced in 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 postpone the trial.
Article 231. Finish the question at trial when the details of the case have been full consideration shall preside the trial asked the Prosecutor, 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 based shall preside the trial decided to continue the quest.
Item 4 at the trial Article 232. The sequence of statements as argument 1. After the end of the question, the trial transferred to the section argument 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. The plaintiff has the right to additional comments. In the case of organs, the organization claims, the agency representative, hosted the presentation of comments. People have rights and interests be protected have additional rights comments;
b) The protection of the rights and legitimate interests of the defendant. The defendant has the right to additional comments;
c) Who protect the legitimate rights and interests of the people have rights, obligations related statements. People have rights, obligations relating to have additional rights comments.
2. In the case of the plaintiff, the defendant, who has the rights, the obligations associated with no people to protect the rights and legitimate interests of themselves, they spoke for themselves when the debate.
Article 233. 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. Presiding the trial not be limited time to debate, enabling the participants to debate presented most of the comments, but has the right to cut the comments not relevant to the case.
Article 234. Speaking of the Prosecutor in the case Prosecutor joined the trial then after the participants in the proceedings and debate speech for response done, presiding the trial Prosecutor suggested statements of opinion of the Prosecutor on the case.
Article 235. Back to the question through 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; After the question is complete to continue debate.
Section 5 deliberation and pronouncement of judgment Article 236. 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 address all the issues of the case by voting by a majority of each issue. The people's assessors voted on before the final voting, judge. The minority opinions have the right to present their opinions in writing and be put into the case file.
3. When deliberation is only based on the documents, the evidence has been examined, reviewed at the trial, the results of the questioning at the trial and to consider fully the opinions of the participants in the proceedings, the Prosecutor.
4. When deliberation to have the minutes recorded 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.
5. in case there are more complex, the deliberation requires long time then the trial could decide the time of deliberation, but no more than five working days from the end of the argument in the trial.
The trial must inform those present at the trial and the proceedings in absentia in the trial on time and location; If the trial had made the announcement that there are participants in the proceedings, the absence of trial still conducted the sentencing under the provisions of article 239 of the code.
Article 237. 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 238. 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 to the courts, to decide.
3. in the opening section should specify the name of the trial courts of first instance; and on the case; of the judgment and the date; they, the names of the members of the Board of review, the clerk of courts, Prosecutor, examiner, translator; name, address of the plaintiff, the defendant, who has the rights, obligations, the Agency held 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 location of the trial.
4. In the body of the case and the Court must request the petitioner of the plaintiffs, to sue the Agency, organization; the proposal, opposed the request of defendant; the proposal, which requires independence of people have rights, obligations involved; review of the courts; points, and the law of the legal text that courts base to solve the case.
In the review of the Court must analyze the grounds for acceptance or non-acceptance of the request, the proposal of the litigants, who protected the legitimate rights and interests of litigants.
5. In the decision must specify the Court's decision on each issue must be resolved in the case of court fees and the right to appeal against the judgment; the case has decided to enforce the right must clearly decide that.
Article 239. Sentencing When sentencing, everyone in the courtroom to stand up, unless specifically allowed by the presiding trial. Presiding the trial or another Member of the Board of review read the verdict and after reading can explain more about the enforcement of the judgment and the right to appeal.
In the case of litigants not to know the Vietnamese after the pronouncement of the judgment, the translator must translate it back for them to hear the entire case into a language they know.
Article 240. 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. The repair, addition must be reported immediately to the people who have rights, obligations related to the repair, addition; at the same time inform the Agency, the organization claims and the Procuratorate at the same level.
2. The repair, addition of judgment prescribed in paragraph 1 of this article must do judges in cooperation with the people's assessors is the Board Member hearing the case it made. In the event that judges no longer assignment judge, the Chief Justice of the Court to make the repair, addition.
Article 241. Granted, judgment sentence excerpts 1. Within three working days from the end of the trial, litigants, the Agency, the organization claims to be the Court judgment excerpts.
2. within ten days of the pronouncement of the judgment, the Court must be delivered or delivered the judgment for the litigants, the Agency organized the petitioner and the Procuratorate at the same level.
The third part of the procedures of the case in the Court of appeal of Chapter XV to the nature of the appeal and the appeal, the appeal the verdict, the decision of the Court of first instance Article 242. The nature of the appellate hearing of appeal is the Court of trial directly on the back of the case that the verdict, the decision of the Court of first instance is not yet in force the law being the appeal or protest.
Article 243. People have the right to appeal the Privy, the representative of the litigants, the Agency held petitioner has the right to make an appeal judgment, decided to temporarily suspend, suspension of the case by the Court of first instance to the Court on the request directly addressed in appellate procedure.
Article 244. Appeal 1. An appeal to have the following content: a) the day, month and year of making an appeal;
b) the name, address of the appellant;
c) appeal the portion 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 requests of the appellant;
DD) signature or just point of the appeal.
2. the appeal must be sent to the Court of first instance gave judgment, the decision of first instance being 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 proceed with the necessary procedures and submit the case file to the Court of appeal under the provisions of article 255 of the code.
3. Enclose an appeal document, additional evidence, if there is to prove his appeal is well-grounded and lawful.
Article 245. The time limit for appeal 1. The time limit for appeal against the judgment of the Court of first instance is fifteen 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 the judgment was delivered to them or be listed.
2. The time limit for appeal against the decision to temporarily suspend, suspension of the case by the Court of first instance is seven days from the date the person has the right to appeal the decision was received.
3. In the case of an appeal submitted by post then on appeal is calculated based on the post office where the sender stamped in the envelope.
Article 246. Check your appeal 1. After receiving the appeal, the Court of first instance must check the validity of the appeal under the provisions of paragraph 1 to article 244 of the code.
2. In the case of an appeal expired, the Court of first instance requested the appeal presented clearly the reasons and documentation, if any, evidence to prove the reason for filing the appeal expired is plausible.
Appeal case yet do the right specified in clause 1 Article 244 of the code, the Court of first instance required the appellant to amend, Supplement.
Article 247. The appeal expired 1. Appeal too the time limit specified in article 245 of the 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, if any, evidence to the Court of appeal.
2. within ten days of receiving an appeal expired and documentation, evidence, the Court of appeal established the Council of three judges to consider the appeal expired. The Council has the right to decide to accept or not accept 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 and the Court of first instance; If the Court of Appeal accepted the appeal expired, the Court of first instance must proceed with the procedure prescribed by this law and submit the case file to the Court of appeal.
Article 248. 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, court fees.
2. within ten days of receiving notice of the Tribunal about an advance payment of court fees appeal, appellants must submit advance payment of court fees and filed with the Court of first instance receipt of an advance payment of court fees. This time limit runs out that appellants did not advance the appellate court fees shall be considered as they abandoned the appeal, unless there is good reason.
Article 249. 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.

2. Who was informed of the appeal 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 250. The protest of the Prosecutor Prosecutor's Minister the same level and the superior has the right to appeal the verdict, the decision to temporarily suspend, suspension of the case by the Court of first instance to the Court on the request directly addressed in appellate procedure.
Article 251. 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 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 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 gave judgment at 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 255 of the code.
3. Enclose the Appeals decision is documented, additional evidence, if there is to prove to the protest of the Prosecutor is based and legally.
Article 252. 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 fifteen days, of the superior Procuratorate directly is thirty days from the date of pronouncement of the judgment. Case Prosecutor did not participate in the trial, the appeal period calculated from the date the Procuratorate at 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, suspension of the case by the Court of first instance is seven days, Procurator's direct superior is ten days, since the day the Procuratorate at the same level receive the decision.
Article 253. 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 254. As a result of the appeal, the appeal 1. The part of the judgment of the first instance decision 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, decision or the part of the judgment of the first instance court's decision not to appeal, the appeal shall have legal force from the date of expiry of the appeal or protest.
Article 255. Send the case file and the appeal, the appeal court of first instance must send the case file, the appeal, the appeal and the documents, and evidence for the Court of appeal within a period of five working days, from the date: 1. The expiry of the appeal, the appeal, if the appeal is not filed in the appellate court fee cash advance;
2. The person who filed the appeal to the Court of first instance receipt of an advance payment of court fees.
Article 256. Change, add, withdraw appeal, appeal 1. Before the start of the trial or appellate court, the appellants have the right to change, complement appeals, Procurator protest decision have 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.
2. Prior to the commencement of the trial or appellate court, the appellants have the right to withdraw the appeal, the Procurator decision protest or procurator supervisor has the right to withdraw the protest.
The Court of appeal only appeals to the part of the case which the appellant withdrew the appeal or the Procuracy withdrew the protest.
3. The alteration, addition, withdrawal of the appeal, the appeal before the opening of the trial must be made in writing and sent to the Court of appeal. The Court of appeal must notify the litigant knows about changing, supplementing, withdrawal of the appeal or protest.
Changing, supplementing, withdrawal of the appeal, the appeal in the trial must be recorded in the minutes of the trial.
Chapter XVI prepare appellate 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.
2. the Chief Justice of the Court of appeal or the Court of Appeals Court Chief Justice of the Supreme People's Court established the Council of appellate and assigned a judge do presiding the trial.
Article 258. The time limit for pretrial preparation of appeal 1. Within a period of two 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 or due to the complex nature of objective obstacles, the Chief Justice of the Court of appeal may decide to prolong the time limit for pretrial preparation, but not so a month.
2. within one month from the date of a decision bringing the case to trial, the courts must open appellate; in case there is reason this time limit shall be two months.
3. The decision to take the case to appeal must be submitted to the Procuratorate at the same level and those relevant to the appeal, the appeal.
Article 259. Temporary suspension of appellate court of appeal case of decision to temporarily suspend the appellate case, the consequences of the temporary suspension of appellate case and continues the appellate case was made under the provisions of Articles 189, 190 and 191 of this Act.
Article 260. Suspend the appellate case 1. The Court of appeal decision to suspend the appellate 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) other cases prescribed by law.
2. In case the Court of appeal decision to suspend the appellate case as defined in point b of paragraph 1 of this article, the decision of the first instance verdict in force the law on the Court of appeal from a decision to suspend the appellate trial.
Article 261. 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 262. Turn the case file to the Prosecutor's Research Institute 1. After accepting the case to appeal, 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.
Chapter XVII appellate procedure in Article 263. The scope of appeals the Court of appeal only review part of the verdict, the decision of the first instance of appeal, protest or relevant to the consideration of the content of the appeal or protest.
Article 264. Participants in the appellate

1. The appellant, 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 to participate in the appellate case in protest or procurator has joined the trial of first instance.
Article 265. Suspension, suspension appeals judges at the trial In the appellate court, the temporary suspension, suspend the appellate case was made according to the provisions of article 259 and 260 of this Act.
Article 266. The appellate delay 1. Case Prosecutor must attend the trial in absentia it must postpone the trial.
2. The absence of the first appeal had legitimate reasons to postpone the trial. The appeal was duly summoned to the second which remains absent, then deemed abandoned the appeal court decision and suspend the appellate section of the case have the appeal of the appellant absent.
3. The participants in the proceedings other than the appellant in absentia in the trial, postponed the trial or appellate proceeding still made according to the provisions in articles 199, 200, 201, 202, 203, 204, 205 and 206 of the code.
4. The deadline postponed the trial and adjourned the appellate decision is made according to the provisions of article 208 of the code.
Article 267. Prepare the opening of the appellate procedure and appellate preparation opening appellate procedure and appellate is made according to the provisions of article 212, 213, 214, 215 and 216 of this law.
Article 268. The question at trial 1. After the end of the start procedure appellate 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. Preside the trial to ask 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.
Article 269. The plaintiff withdrew the petition before the opening of the trial or at the appellate trial 1. Before the opening of the trial or appellate plaintiffs 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 quash 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 the case of Appeals Board decisions on suspension of the case, the plaintiff has the right to sue the case according to the procedure prescribed by this law if time still.
Article 270. Recognized the agreement of the litigants in the appellate trial 1. In the appellate court, if the litigants agreed to be together on the resolution of the case and their agreement is voluntary, not contrary to law or morality, the Social Appeals Board out of the appellate judgment correct judgments of first instance, 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 was with each other the Court decided under the provisions of the law.
Article 271. Listen to the presentation of the appellate trial 1. In the case of litigants still hold appeal or the Procuratorate still hold appeal and the litigant not be agreement with each other about the case, the Appeals Council began hearing of the case by listening to presented by the litigants following order : 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. In the case of all litigants are presenting the appeal in order to protect the legitimate rights and interests of litigants to appeal is the plaintiff and the plaintiff; the protection of the legitimate rights and interests of litigants to appeal is the defendant and the defendant; the protection of the legitimate rights and interests of litigants to appeal the related obligations, rights and interests, the relevant obligations.
In case only the Procurator protest, the Prosecutor presented about the content of the appeal and the grounds of the appeal; in the case of both appellants, appeal 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. In the event 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.
Article 272. Procedures and documentation, review published evidence at the appellate trial 1. The procedure to ask the participants in the proceedings and published material, considering the physical evidence at the appellate trial are made as at the trial of first instance.
2. The question to be made with respect to the issues in the appeals range specified in article 263 of this code.
Article 273. Argue in appellate argument at the appellate trial are made as at the trial of first instance, the order of speaking when the debate is done according to the provisions of article 271 of the code and just be discussing the issue in the appeal and scope have been asked at the appellate trial.
Article 274. 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.
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 and move the case file to the Court of first instance resolving case;
4. To cancel the judgment of the first instance and to suspend the case.
Article 276. 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 proof and collection of evidence was made in full and in accordance with the provisions of Chapter VII of this law;
2. The proof and collection of evidence not yet fully realized at first instance but at the appellate trial was added in full.
Article 277. To cancel the judgment of the first instance and move the case file to the Court of first instance resolving case Appeals Council cancel the judgment at first instance and move the case file to the Court of first instance resolving case in the following cases: 1. The prove and collect evidence not in accordance with the provisions of Chapter VII of this law or not yet the full implementation at the appellate trial cannot perform additions are;

2. The composition of the trial of first instance did not properly regulated by this law or other serious violation of the proceedings.
Article 278. To cancel the judgment of the first instance and suspension of resolving appeals Council cancel the judgment at first instance and settling the case if in the course of the case in the Court of first instance, the case in one of the cases specified in article 192 of the code.
Article 279. 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, 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 clerk of courts, Prosecutor, examiner, translator; name, address of the plaintiff, the defendant, who has the rights, obligations, the Agency held 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, the appeal, protest, to summarize the content of the case, the decision of the Court of first instance; the content of the appeal, the appeal; review of the Appeal Board; points, and of the legal text that the Board of review appeal pursuant to solve the case.
In the review of the Appeal Board must analyze the bases to accept or not to accept the appeal, the appeal.
5. In the decision must specify the decision of the Appeals Council on each issue must be resolved in the case because of the appeal, protest, about having to bear the costs of the first instance, the Court of appeal.
6. the appellate judgment in force the law from the date of pronouncement of the judgment.
Article 280. 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. Procurator Procurator at the same level joins the session of appeal decisions of the Court of first instance was appealed, the appeal.
3. A member of the Board of appeal review the decision being appealed, the 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, evidence, if available.
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) Quash the decision of the Court of first instance and move the case file to the Court of first instance to continue the case.
6. the appellate decision has the force of law from the date of the decision.
Article 281. Send the judgment, the appellate decision within fifteen days from the date of the judgment, the appellate decision, the Court of appeal must send the judgment to the Court of Appeals decision was on trial at first instance, the Procuratorate at the same level, the enforcement agencies have jurisdiction, who have appeal , people have rights, obligations relating to the appeal, protest or their legal representative.
In the case the Court of appeal of the Supreme People's Court of appeals then this time limit may be longer but not more than twenty-five days.
The fourth procedure for review of the judgment, the decision has force of law Chapter XVIII procedure for cassation Article 282. The nature of Cassation is cassation review of judgments, the Court's decision has the effect of law but were protesting because the findings have serious legal violations in the case.
Article 283. Grounds for protest under procedure of Cassation judgement, the Court's decision has the effect of the laws was the protest under procedure of Cassation when one of the following bases: 1. The conclusions of judgements, decided not to match the details of the case;
2. There are serious violations of proceedings;
3. There are serious mistakes in the application of the law.
Article 284. Judgments, the decision was legally reviewed under the procedure of Cassation 1. Litigants or individuals, agencies, and organizations have the right to detect violation of law in the judgment, the Court's decision has the effect of law and notified in writing to the person who has the right to appeal provided in Article 285 of the code.
2. In the case of detecting violations of law in the judgment, the Court's decision has the effect of law, procuratorate, courts must be notified in writing to the person who has the right to appeal provided in Article 285 of the code.
Article 285. 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 courts of all levels, except for the decision of Cassation of Council of judges of the Supreme People's Court.
2. the Chief Justice of the provincial people's Court, people's Procuratorate Director provincial level have the right to protest under procedure of Cassation judgment, the decision has force of law courts at district level.
Article 286. 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 courts have the right to request to postpone enforcement of the judgment, decided to consider the protest under procedure of Cassation. The postponement is made according to 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 287. Decision the appeal cassation appeal Cassation decision must contain the following major contents: 1. Numbers, days, months, years 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. decision the appeal in whole or in part the judgment, the decision has force of law;
8. The name of the competent courts of Cassation case;
9. Proposal of the protest.
Article 288. The time limit for appeal under the procedure of Cassation have the right to protest under procedure of Cassation issued the appeal within a period of three years from the date of the judgment, the decision of the courts of law.
Article 289. Change, add, withdraw the decision of cassation appeal 1. Who protest of Cassation have the right to change, complement appeals decision, if not over the time limit for appeal provided for in Article 288 of this code.
2. Who protest are part or all of the rights to decide the protest before the opening of the trial or at the trial of Cassation.
Article 290. Send appeals decision of Cassation

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 the authority and other people have rights, obligations relating to the content of the appeal.
2. In the case of the Chief Justice of the Supreme People's Court or the Chief Justice of the provincial people's courts of Appeal decided the appeal in the same case file must be sent immediately to the Procuratorate at the same level. Prosecutor profile Research Institute within a period of fifteen days from the date of receiving the case file; that deadline expired, the Procurator must transfer the case file to the competent court of Cassation.
3. In the case of Hospital Chief Supreme People's Procuratorate or a people's Procuratorate Director provincial appeal decided the appeal must be sent immediately to the competent courts of Cassation.
Article 291. Cassation jurisdiction 1. The judges Committee of the provincial people's Court of Cassation the judgment, the decision was in effect the law of the people's courts of districts were to protest.
2. the Civil Court, the Court of the economy, the Labour Court of the Supreme People's Court of Cassation the verdict, the decision was in effect the law of province-level courts being protested.
3. The Council of judges of the Supreme People's Court of Cassation judgment, the decision has force of law to the Court of appeal, civil Courts, economic Courts, the Labour Tribunal of the Supreme People's Court were protesting.
4. The judgment, the decision was in effect the same legislation a civil case under the jurisdiction of the various courts are prescribed in clause 1 and clause 2 of this Article, the competent court of Cassation level on the whole case.
Article 292. The participants of the trial of Cassation 1. The trial of Cassation must have the participation of the Procurator at the same level.
2. When it deems necessary, the Court shall summon the participants in the proceedings and other persons relevant to the appeal involved the trial of Cassation.
Article 293. The time limit for open trial of Cassation within four months from the date of receiving the appeal attached to the case file, the Court of Cassation has the authority to open the trial to cassation case.
Article 294. Preparing the trial of Cassation Court Chief Justice 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 courts, the content of the appeal. Presentations must be sent in advance to the members of the Board of Cassation slowest is seven days before the opening of the trial of Cassation.
Article 295. The trial of Cassation procedure 1. After presiding the opening of the trial, a member of the Board of Directors of appeals 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. Procuracy representative statements of opinion of the Procurator of the appeal decision.
2. in the case of participants in the proceedings or another person are the courts summoned to join the trial of Cassation, they presented their opinions about the appeal decision. Procuracy representative statements of opinion of the Procurator of the appeal decision.
3. The members of the Board of Directors judges discuss his opinions and statements about the resolution of the case. Procuracy representative statements of opinion of the Prosecutor on the case.
4. the Cassation of Council voting on the resolution of the case.
The decision of the Cassation Court judge Committee of the provincial people's Council or a judge of the Supreme People's Court must be half the total number of members of the Committee judge or the Judicial Council voted approval.
The judges Committee of the provincial people's Court or the Council of judges of the Supreme People's Court of the voting sequence endorsed, disagreeing with the protest and other comments; If no cases would be too half the total membership of the Committee judges the provincial people's Court or the Judicial Council of the Supreme People's Court decided to postpone the approval of the trial. Within a period of thirty days from the date of the decision to postpone the trial, the Committee of judges, the Judicial Council must proceed to trial with the participation of all the members.
Article 296. The scope of Cassation 1. The Council of cassation only decide section review of the verdict, the decision has force of law being protested or relevant to the consideration of the content of protest.
2. The Council 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 violate the interests of the State, the interests of third persons are not the litigants in the case.
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 judgment, the decision has force of law;
2. Keep the judgments, the right decision of law court under has been cancelled or is this page;
3. Cancel the verdict, the decision has force of law to the trial of the first instance or appellate;
4. Cancel the verdict, the decision of the Court was hearing the case and settling the case.
Article 298. Keep the judgments, the right decision of law court under has been cancelled or is this page of the Council decision of Cassation canceled the judgment, the decision has force of law be protest and keep the verdict, the decision of the Court under the law, but the trial has been the judgment the decision was in effect the law was protested the cancellation or modification in whole or in part.
Article 299. To cancel the judgment decision has legal effect was to protest the trial of first instance or appellate Cassation Board back the decision to quash the verdict, the decision has force of law was to protest the trial of first instance or appellate leave in the following cases : 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.
Article 300. To cancel the judgment, the decision has force of law and the suspension of the case the Board of Cassation decided to quash the verdict, the decision has force of law and the suspension of the case, if the case in one of the cases specified in article 192 of the code.
Article 301. The decision of Cassation 1. The Council 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 trial;
b) them, the names of members of the Board of Cassation. The case of the Council of Cassation is the Committee's courts judge or provincial court judge Council people shall record them, the name of the presiding Minister, the trial and the number of participants to trial;
c), last name, Secretary of the Court, the Prosecutor participated in the trial;
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 Board of Cassation in which to analyze the grounds for acceptance or non-acceptance of an appeal;
I) points, account, articles of the code of civil procedure which the Council of Cassation pursuant to decision;
k) the decision of the Cassation.
Article 302. The effect of the decision of Cassation the decision of Cassation law takes effect from the date of the Council decision of Cassation.
Article 303. Submit the decision of Cassation within five working days from the date of the decision, the Board of Directors judges must send the decision of Cassation for: 1. Litigants and others having an interest in, the relevant obligations under the decision of Cassation;
2. The Court judgment, the decision has force of law being protested;
3. the Procurator at the same level, the enforcement agencies have jurisdiction.
Chapter XIX the procedure of retrial Article 304. The nature of the retrial of a retrial is reviewed the judgment, the decision has force of law but were protesting because the newly discovered can make fundamental changes the content of the judgment, decided that the courts, litigants do not know when the Court judgment , that decision.
Article 305. 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 courts or decisions of State bodies that courts base on which to resolve the case was abandoned.
Article 306. Inform and verify the newly discovered 1. Litigants or individuals, agencies, and organizations have the right to discovery of new details of the case and notified in writing to the person who has the right to appeal provided in Article 307 of the code.
2. In the case of detection of new details of the case, the Prosecutor, the Court must be notified in writing to the person who has the right to appeal provided in Article 307 of the code.
Article 307. 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 Procuracy has the right to protest under procedure of a retrial verdict, the decision has force of law courts of all levels, unless otherwise decided by the Council of judges of the Supreme People's Court.
2. the Chief Justice of the provincial people's Court, people's Procuratorate Director provincial level have the right to appeal the verdict, the decision has force of law courts at district level.
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 308. The deadline to protest under retrial procedure the time limit for protest under procedure of a retrial is one year from the date of the appeal authorities know the grounds for protest under procedure of a retrial stipulated in article 305 of the Penal Code.
Article 309. The Board's jurisdiction of retrial retrial Council has the following rights: 1. To 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 310. Apply the rules of procedure of Cassation The provisions on the procedure of a retrial is done as the rules of procedure of Cassation in this law.
The fifth part procedure for resolving civil matters Chapter XX General provisions on procedure for resolving civil matters Article 311. The scope of application of the courts apply 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 and 6 to article 26, paragraphs 1, 2, 3, 4 5 and 7, 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 courts recognized for his civil rights, marriage and family, business, commercial, labour.
Article 312. Petition the courts 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.
2. The petition must contain the following major contents: a) the day, month, year written single;
b) Name the courts are competent to resolve single;
c) the name, address of the requester;
d) specific problems require the courts to solve and reason, purpose, the base of the courts resolve civil matters;
DD) name, address of the people who are related to the settlement petition, if any;
e) other information that people request it deems necessary for the resolution of the request;
g) Who is required to sign a personal name or, if the only point is the Agency, organization, the legal representative of the Agency, the organization that must be signed and stamped on the bottom menu.
3. Send the attached petition is documented evidence to justify its request is legitimate and well-grounded.
Article 313. Participants in the session to resolve civil matters 1. The courts are open public session to resolve civil matters.
After the decision to open the session to resolve civil matters, the Court must send the right decision and civil records to the Procuratorate at the same level to research. Procuracy must research within seven days from the date of receiving the record; This time limit runs out, the Procurator must pay record for the Court to open the session to resolve civil matters.
2. Procurator Procurator at the same level must attend the session; the case of the absence of the Prosecutor it must postpone the session.
3. Who has the petition or their legal representatives must join the session according to the summons of the Court.
Who has the claim of absence first had the reason the Court postponed the session. The case has a petition proposal to resolve civil matters without their participation the Court addressed the inhabitants of absence; If people have the petition was duly summoned to the second which 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 courts to resolve civil matters which under the procedure prescribed by this law still to be secured.
4. The person concerned or their legal representative was the 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 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 Tribunal 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;
c) Who requests or their legal representative presented specific problems require the Court to settle, reason, purpose and grounds of the request the courts resolve civil matters;
d) relevant Persons or their legal representatives presented their opinions about issues related to rights, their obligations in settling civil;
DD) witnesses presenting comments; the examiner presents the conclusion, explain the problem still unclear or conflicting;
e) considered 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 has with the courts.
Article 315. 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, the Prosecutor, the clerk of courts;
d) name, address of the requester to resolve civil matters;
DD) specific problems require the courts to resolve;
e) name, address, of the person concerned;
g) review of the courts and the bases to accept or not to accept the petition;
h) legal base to resolve civil matters;
I) decision of the courts;
k) fee payable.
2. Decide to resolve civil matters must be submitted to the Procuratorate at the same level, the Agency has enforcement authority, who asked to resolve civil and individual, agency or organisation has the rights, the obligations regarding that decision within a period of five working days from the date of the decision.
Article 316. Appeals, appeal the decision to settle the civil claimant and individuals, agencies, organizations that have rights, obligations related to the decision to resolve civil matters has the right of appeal, the Procurator at the same level, the superior Procuratorate directly has the right to appeal the decision to settle the civil superior court to request directly addressed in appellate procedure , except the decisions prescribed in clause 2 and clause 3 in Article 28 of this law.
Article 317. The time limit for the appeal, the appeal 1. The request and the individual, agency or organisation has the rights, the obligations related to the decision to resolve civil matters has the right to appeal the decision within seven days from the date of the Court decision, except in the case prescribed in clause 1 Article 358 paragraph 1 and Article 372 of the civil code. In case they are not present at the session, then that term 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 resolve civil matters within seven days, the superior Procuratorate directly has the right to appeal within fifteen days from the date of the Court decision, except in the case prescribed in clause 2 and clause 2 Article 358 Article 372 of the civil code.
Article 318. The appellate decision procedure for resolving civil being appealed, the appeal of the appellate decision procedure for resolving civil being appealed, the appeal is made according to the provisions of article 280 of the code.
Chapter XXI procedure for resolving a request to declare a person lost the capacity for civil acts or with limited capacity for civil acts Article 319. The petition claims the person lost the capacity for civil acts or with limited capacity for civil acts 1. People have the rights, benefits, agencies, relevant organizations have the right to ask the courts to declare a person lost the capacity for civil acts or with limited capacity for civil acts under the provisions of the civil code.
2. Petition the Court to declare a person lost the capacity for civil acts or with limited capacity for civil acts must have enough content to the provisions in paragraph 2 of this law 312 Thing.
3. the attached petition the courts to declare a person lost the capacity for civil acts must contain the conclusions of the specialized agencies and other evidence to prove the person is mentally ill or suffered other illnesses that may not realize, as was his behavior.
4. the attached petition the courts to declare a person with limited capacity for civil acts must have evidence to prove that the person was a drug addiction or the addiction of other stimulants lead to break the family's assets. canopy
Article 320. Prepare petition for review 1. The time limit for pretrial preparation petition the courts to declare a person lost the capacity for civil acts or with limited capacity for civil acts not to exceed thirty days from the day the Court accepting the petition; expiry of which, the Court must make a decision to open the session to review the petition.
2. the time limit for pretrial preparation In the petition, the proposal of litigants, the courts can assess referendum health, illness of the people being asked to declare lost the capacity for civil acts or with limited capacity for civil acts. In this case, when receiving the conclusion the courts have to decide to open the session to review the petition.
3. the time limit for pretrial preparation In the petition, if people ask to withdraw the petition the Court shall suspend the decision considering the petition.
4. within fifteen days from the date of the decision to open the session, the judge must open the session considering the petition.
Article 321. The decision to declare a person lost the capacity for civil acts or with limited capacity for civil acts 1. The Court may accept or not accept the petition to declare a person lost the capacity for civil acts or with limited capacity for civil acts.
2. In the case of acceptance of the petition the Court decision declared lost the capacity for civil acts or with limited capacity for civil acts.
In the decision announced in limited capacity for civil acts, the courts must decide the legal representative of the person with limited capacity for civil acts and the scope of representation.
Article 322. Petition for rescission of the decision to declare a person lost the capacity for civil acts or with limited capacity for civil acts 1. When the courts declared lost the capacity for civil acts or with limited capacity for civil acts are 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 or limited features the force of civil behavior.
2. Petition the Court to cancel the decision declared lost the capacity for civil acts or with limited capacity for civil acts must have enough content to the provisions in paragraph 2 of this law 312 Thing.
Article 323. Preparing the review petition and the decision of the Court 1. The time limit for pretrial preparation petition the Court to cancel the decision declared lost the capacity for civil acts or with limited capacity for civil acts is made according to the provisions of article 320 of the civil code.
2. The Court may accept or not accept the petition for rescission of the decision to declare lost the capacity for civil acts or with limited capacity for civil acts.
3. In the case of acceptance of the petition the Court decision to cancel the decision declared lost the capacity for civil acts or with limited capacity for civil acts.
Chapter XXII procedure for resolving a request to search the absence at the residence Article 324. The petition notice seeking people absent in residence

1. The person has the right, relevant 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 for six months or more sailings and can ask the Court to adopt measures to manage the assets of the absence thereof under the provisions of the civil code.
2. Petition the court notice seeking people absent in residence must have enough content to the provisions in paragraph 2 of this law 312 Thing.
3. Submit the petition to the Court seeking notice the absence of the person at the place of residence must have evidence to prove that the discrimination of adjacent six months later. In case of requesting the Court to adopt measures to manage the assets of the absence must provide documents on the situation of the property of that person, the management of existing assets and the list of who's who.
Article 325. Prepare petition for review 1. The time limit for pretrial preparation petition notice seeking people absent from the residence is twenty days from the date the Court accepting the petition; expiry of which, the Court must make a decision to open the session to review the petition.
2. the time limit for pretrial preparation In the 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 asking to withdraw the petition or who were asked to notify search engines returned and asked the Court to consider the petition.
3. within ten days from the date of the decision to open the session, the judge must open the session considering the petition.
Article 326. The decision to announce the search for a absences in residence 1. The Court may accept or not accept the petition notice seeking people absent in residence.
2. In the case of acceptance of the petition the Court shall make a decision to accept the petition and notice the absence of the person looking at the place of 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 to accept the petition the courts have to decide measures to manage the assets of that person under the provisions of the civil code.
Article 327. 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 decision the Court accepted the petition 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. Contact address of individuals, agencies, organizations, if people need to search said notice or others get news about people need to search.
Article 328. Search the notice announcement is absent at the place of residence 1. Notice the absence of the person looking at the place of residence must be posted on the Central Government's daily newspapers in the three consecutive numbers and broadcast on radio or television station of Central three times in three consecutive days.
2. Costs for the post, notice the absence of the person looking at the residence because the request subject.
Article 329. The effect of the decision to search the absence in residence informed decision finding the absence in residence regulated in article 326 of this Act naturally expire in case people need to look back.
Chapter XXIII procedure for resolving a request to declare a missing person Article 330. The petition to declare a missing person 1. People have rights, related interests have the right to ask the courts to declare a missing person under the provisions of the civil code.
2. Petition the Court to declare a missing person must have sufficient contents prescribed in clause 2 of this code 312.
3. Send the attached petition is evidence to prove the required claims have distinct area of twice over without authentication to news about that person is alive or dead, and demonstrate to the person asking has applied measures to fully inform search engines. In 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 331. Prepare petition for review 1. Within twenty 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 publication of notification made under the provisions of Article 327 and 328 of the code. Notice period of four months from the date of posting the notice, for the first time.
3. Within the time limit, if the notice announcing the request to withdraw the petition or who were asked to return the missing statement and ask the Court to suspend the petition the Court shall review the decision to suspend the review petition to declare a missing person.
Article 332. The decision to declare a missing person 1. Within a period of fifteen days from the date of expiry of the notice, the Court announced to open the session, consider the petition to declare a missing person.
2. The Court can accept or not to accept the petition.
3. In the case of acceptance of the petition the Court decision declared missing; 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 the Court must now decide to adopt measures for managing the property of that person under the provisions of the civil code.
Article 333. Petition for rescission of the decision to declare a missing person 1. When people were declared missing 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 missing person.
2. Petition the Court to cancel the decision to declare a missing person must have sufficient contents prescribed in clause 2 of this code 312.
3. Send the attached petition is evidence to prove the person was declared missing have returned or proof that the person is still alive.
Article 334. The decision to cancel the decision to declare a missing person 1. Within a period of fifteen days from the date of accepting the petition for rescission of the decision to declare a missing person, the courts must open the session review the petition.
2. The Court can accept or not to accept the petition.
3. In the case of 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 annulment of the decision to declare a missing person under the provisions of the civil code.
Chapter XXIV procedure for resolving a request to declare a person dead Article 335. The petition claims the person is dead. People have rights, related interests have the right to ask the courts to declare a person dead according to the provisions of the civil code.
2. Petition the Court to declare a person dead must have enough content to the provisions in paragraph 2 of this law 312 Thing.
3. Send the attached petition is evidence to prove the required statement is dead in the case under the provisions of the civil code.
Article 336. Prepare petition for review 1. The time limit for pretrial preparation petition to declare that a person is dead, no more than thirty days from the day the Court accepting the petition; expiry of which, the Court must make a decision to open the session to review the petition.

2. the time limit for pretrial preparation In the petition, the Court decides to suspend the review petition to declare a person dead if people ask to withdraw the petition or the required statement is dead, go back and ask the Court to suspend the review petition.
3. within ten days from the date of the decision to open the session, the Court must open the session to review the petition.
Article 337. The decision to declare a person dead 1. The Court may accept or not accept the petition to declare a person dead.
2. In the case of acceptance of the petition the Court shall make a decision to declare 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 338. Petition for rescission 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. Petition the Court to cancel the decision to declare a person dead must have enough content to the provisions in paragraph 2 of this law 312 Thing.
3. Send the attached petition is evidence to prove the person was declared dead Returns or proof of authentication is that person alive.
Article 339. The decision to cancel the decision to declare a person dead 1. Within a period of fifteen days from the date of accepting the petition for rescission of the decision to declare a person dead, courts must open the session considering the petition.
2. The Court can accept or not to accept the petition.
3. In the case of acceptance of 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 annulment of the decision to declare a person dead according to the provisions of the civil code.
Chapter XXV the solving procedure involving commercial arbitration activities Vietnam 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. Cancel the arbitration decision.
4. The other civil law on commercial arbitration Vietnam has specified.
Article 341. Resolution procedure to resolve the civil activity related to commercial arbitration Vietnam is made according to the provisions of the law on commercial arbitration Vietnam.
Part six procedures for recognition and enforcement in Vietnam, the civil court's decision, the decision of the foreign arbitration Chapter XXVI General provisions on procedure for recognition and enforcement of judgments in Vietnam, the civil court's decision, the decision of the foreign arbitration Article 342. The verdict, the decision of the Court, decisions of foreign arbitration 1. The verdict, the decision of the Court is judgement, decide on civil, marriage and family, business, commercial, labour, decision on property in judgments, criminal, administrative decisions of foreign courts and judgments, decisions of foreign courts that follow the laws of Vietnam considered the judgment , civil decision.
2. The decision of the arbitrator is decided to be declared outside Vietnam territory or in the territory of Vietnam of foreign arbitration because the parties agreed upon the choice to settle disputes arising from the legal relationship business, trade, labor.
Article 343. Principles of recognition and enforcement of judgments, decisions of foreign courts in civil, decisions of foreign arbitration 1. Vietnam Court consider the recognition and enforcement in Vietnam the verdict, the decision of the Court in the following cases: a) the verdict, the decision of the courts of the country where Vietnam and countries which have signed or joined the international treaties in this regard;
b) judgments, decisions of foreign courts civil laws regulating Vietnam recognition and enforcement.
2. The courts of Vietnam considers the recognition and enforcement in Vietnam of foreign arbitration decisions in case the decision is declared in the country or of the country's referees that Vietnam has signed or joined the international treaty on the issue.
3. Judgments, decisions of foreign courts civil, decisions of foreign courts of Vietnam may also be considered for recognition and enforcement in Vietnam on the basis of reciprocity which requires Vietnam to countries and signed or joined the international treaty on the matter.
4. Judgment, civil court's decision or the decision of the foreign arbitration is only enforced in Vietnam after the Vietnam Court recognition and enforcement.
5. The judgment, the decision of the foreign court did not have the required enforcement in Vietnam and no petition does not recognize then naturally be recognized in Vietnam under the international treaties to which Vietnam signed or joined.
6. Vietnam courts only consider non-recognition of civil judgments or decisions of the courts of foreign countries do not have the required enforcement in Vietnam when the petition is not recognized.
Article 344. Right to recognition and enforcement of judgments, decisions of foreign courts in civil, decisions of foreign arbitration 1. People are executed or their legal representatives have the right to submit the petition to the Court of Vietnam recognition and enforcement in Vietnam, the civil court's decision, the decision of the 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, decisions of foreign arbitration in Vietnam at the time of filing the request.
2. Litigants, who has the rights, legitimate interests involved or their legal representatives have the right to submit the petition to the Court of Vietnam does not recognize civil judgments or decisions of the courts of foreign countries do not have the required enforcement in Vietnam.
Article 345. Guarantee the right to appeal, protest litigants have the right to appeal, the Procurator has the right to appeal the decision of the Court of Vietnam recognized or not recognized civil judgments or decisions of the courts of foreign countries, foreign arbitration's decision to ask the Court on review directly under the provisions of this law.
Article 346. Ensure the validity of the decisions of the courts of Vietnam recognized or not recognized civil judgments or decisions of the courts, decisions of foreign arbitration 1. The verdict, the decision of the foreign court civil court Vietnam recognition and enforcement in Vietnam in force law such as civil judgments or decisions of the courts of Vietnam has the effect of law and be enforced by civil enforcement procedures. The verdict, the decision of the Court not being recognized by Vietnam's courts do not have legal effect in Vietnam.
2. The decision of the foreign court Vietnam 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.
Article 347. Notice of petition

Within fifteen days of the decision, the courts of Vietnam through the Ministry of Justice announced the results the review petition for recognition and enforcement in Vietnam the verdict, the decision of foreign courts civil for foreign courts judgment, decided that , the litigants, individuals, agencies and organizations relevant to that decision; notice of petition for recognition and enforcement in Vietnam of foreign arbitration decisions for individuals, agencies and organizations have submitted the petition and personal agency, other organization is relevant to the decision of the Court of Vietnam.
Article 348. Ensuring the right to transfer money, property, judgment enforcement of civil decisions of foreign courts, decisions of foreign State Vietnam secured the transfer of money, property, judgment enforcement of civil decisions of foreign courts, decisions of foreign courts of Vietnam was recognized and enforcement from abroad to Vietnam. The transfer of funds, this property was made in accordance with the law of Vietnam.
Article 349. Fees for the recognition and enforcement of judgments, decisions of foreign courts in civil, arbitration decisions abroad Who send the petition to the Court of Vietnam recognition and enforcement in Vietnam, the civil court's decision, the decision of the foreign arbitration must pay a fee in accordance with the law of Vietnam.
Chapter XXVII claim review procedures for recognition and enforcement in Vietnam the verdict, the decision of foreign courts civil 350 Thing. Petition for recognition and enforcement 1. Petition for recognition and enforcement in Vietnam the verdict, the decision of the courts of foreign countries must be sent to the Ministry of Justice of Vietnam and 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 have to specify the address where the property and the type of property related to the enforcement of judgments the decision of the 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.
3. The petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 351. Papers, submit a single document request 1. Submit the petition is the paperwork, documents are prescribed in the international treaties to which Vietnam signed or joined. In the case of international treaties is not specified or has no relevant international treaties shall accompany the petition must have legitimate copies of judgments, decisions of foreign courts; the text confirms the judgment, decided that the rule of law, and yet time and enforcement need to be enforced in Vietnam, except in judgment, that decision has clearly shown these points; the confirmation text sent to enforce the judgment copy, that decision. The case is executed or the legal representative of that person's absence in the trial of foreign courts must then confirm in writing that the person has been duly convened.
2. The papers, documents and submit the petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 352. Transfer of records to the Court within seven days from the date of the petition, the accompanying documents, papers, the Ministry of Justice to transfer records to the competent court in accordance with Articles 34 and 35 of this law.
Article 353. Accepting resumes and request explanation 1. Within three working days from the date received by the Ministry of justice the records transferred to the competent court, to handle and to notify the Procurator at the same level know.
2. the time limit for pretrial preparation In the petition, the Court has the right to require the person who submitted the application, the Court judgment has decided to explain the unclear points in the profile.
The text demanded explanations and text reply sent through the Ministry of Justice of Vietnam.
3. within seven days from the date of receipt of the Vietnam courts requires interpretation, the Ministry of Justice sent to the sender of the petition or foreign courts request text explains it.
4. within seven days from the date of receiving the required answer text explains, the Ministry of Justice submitted to the Court of Vietnam has requested that the reply text.
Article 354. Prepare petition for review 1. Within a period of four months from the date of acceptance, customize each case that a court in the following decisions: a) to suspend the review petition, if people submit to withdraw the petition or who have to enforce have voluntarily executed or who must enforce the individual had died that the right the person's obligation, not inherited or if people are executed 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;
b) suspend the review petition and return the records to the Ministry of Justice in the case of vires or fails to identify the address of the person is or where the assets related to the execution;
c) Open the session considering the petition.
In case the courts requires interpretation as defined in paragraph 2 of this law 353, the time limit for pretrial preparation petition was extended by two months.
2. The Court must open the session within the time limit of one month 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 a period of fifteen days prior to 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.
Article 355. Petition for review session 1. The petition for review be conducted in the session due to a petition for review board composed of three judges, in which a judge do preside 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 it must postpone the session.
3. The session was conducted in the presence of people who are executed or their legal representative; If they are absent the first have justifiable reasons to postpone the session.
The petition for review was still in progress if people are executed or their legal representatives have the petition to the Court considering the absence of single or valid was summoned to the second that is still absent.
4. The Council not judgement back case which only test, against the verdict, the decision of the foreign court, the papers, the attached documents requested with the provisions of this law, the other provisions of the law of Vietnam and the international treaties to which Vietnam signed or joined the relevant to the 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 decide not to recognize judgments, civil court's decision.
Article 356. The verdict, the decision of foreign courts civil not recognized and enforcement in Vietnam 1. Judgments, civil decision not valid law under the provisions of the law of the Member State courts have issued judgments, decisions.
2. People are executed or legal representative of that person has been absent from the trial of foreign courts do not be valid.
3. in case the separate jurisdiction of the courts of Vietnam.
4. On the same case has had the judgment, the decision has force of law courts or foreign courts of Vietnam was recognized by Vietnam's courts or before the trial of foreign agencies in the case, the courts of Vietnam have been accepting and are resolving them.
5. project execution time has expired under the law of the Member State courts have issued judgments, civil decision or under the law of Vietnam.
6. The recognition and enforcement of civil judgments or decisions of foreign courts in Vietnam is contrary to the basic principles of the law of Vietnam.
Article 357. Submit the decision of the court right after the decision specified in article 354 and 355 of the code in this Article, the Court submitted to the litigants and the Procuracy same level decisions; If foreign litigants, the decision is sent through the Ministry of Justice.
Article 358. The appeal, the appeal 1. Within a period of fifteen days from the day the Court decision specified in article 354 and 355 of this law Thing, 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. Procurator at the same level or the Supreme People's Procuracy has the right to appeal the decision of the Court specified in article 354 and 355 of this law Thing.
The time limit for appeal of the Procuratorate at the same level is fifteen days, of the Supreme People's Procuracy is thirty days from the date of the Court decision.
Article 359. Considering the appeal, the appeal 1. The Supreme People's Court to review decision of provincial-level people's courts were appealed, the appeal within the time limit of one month from the date of receiving the record; the case should require explanation as stipulated in Article 353 of the Penal Code, the deadline was extended, but not more than two months.
2. Components of the decision being appealed, the appeal of three judges, in which a judge do preside as assigned by the Chief Justice of the Court of Appeals Tribunal of the Supreme People's Court.
The session reviewed the decision being appealed, the appeal was conducted as the session considering the petition specified in Article 355 of the code.
3. The Council has the right to retain, in whole or in part the decision of the provincial people's Court or suspend the appeal, the appeal in the case of litigants to withdraw the appeal, the Procurator to withdraw an appeal or to base the provisions of art. 354 Thing of this law.
The decision of the Supreme People's Court is final and effective enforcement.
Chapter XXVIII procedure petition does not recognize civil judgments or decisions of the courts of foreign countries do not have the required enforcement in Vietnam 360 Thing. The time limit for submitting the petition does not recognize 1. Within a period of thirty days from the date of the judgment, the decision of foreign courts civil without required enforcement in Vietnam, litigants, who has the rights, legitimate interests involved or their legal representatives have the right to submit the petition to the Court of Vietnam does not recognize judgments , decided that civil justice to Vietnam.
2. in the case of the applicants 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.
The restore time by the Chief Justice the Court accepting the application review and decision.
Article 361. The petition does not recognize 1. The petition does not recognize civil judgments or decisions of the courts of foreign countries 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 have attached a copy of a legal judgment, the decision of foreign courts civil and papers, the documents needed to prove its not recognised requirement is grounded.
3. The petition and attached documents, documents in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
4. Transfer the petition and other papers, the document attached to the courts of competent jurisdiction made under the provisions of article 352 of the code.
Article 362. Consider the petition does not recognize 1. Preparing the review petition and the petition for review does not recognize civil judgments or decisions of the courts of foreign countries is conducted according to the provisions of article 354 and 355 of the 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 the Court;
b) petition does not recognize.
3. Judgments, decisions of foreign courts civil no required enforcement in Vietnam is not recognized in the cases specified in article 356 of the civil code.
Article 363. 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 357, 358 and 359 of the civil code.
Chapter XXIX claim review procedures for recognition and enforcement in Vietnam of foreign arbitration decisions Article 364. Petition for recognition and enforcement in Vietnam of foreign arbitration decisions 1. Petition for recognition and enforcement in Vietnam of foreign arbitration decisions must be submitted to the Ministry of Justice of Vietnam and 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 have to specify the address where the property and the type of property related to the enforcement of foreign arbitration decisions 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.
365 things. Papers, documents enclosed petition

1. Send the attached petition is the paperwork, documents are prescribed in the international treaties to which Vietnam signed or joined. In the case of international treaties is not specified or has no relevant international treaties shall accompany the petition must have legitimate copies of foreign arbitration decisions; a legal copy of the arbitration agreement of the parties regarding the dispute resolution can or has arisen between them under the arbitration that the laws of the relevant countries can solve the regulations under it.
The arbitration agreement may be the terms of Arbitration stated in the contract or the separate arbitration agreement about to be signed by the parties after the dispute arose.
2. Papers, documents and submit the petition in a foreign language must be submitted accompanied by a Vietnamese translation, notary, legal endorsement.
Article 366. Transfer of records to the Court 1. Within seven days from the date of the petition, the accompanying documents, papers, the Justice Department moved for the Court to have jurisdiction in accordance with Article 34 and article 35 of this law.
2. In the case of the Ministry of Justice had moved to the Court of record which then receives the notice of the competent bodies of foreign countries said are considering or have to cancel, suspend enforcement of foreign arbitration decisions, the Ministry of Justice informed immediately in writing to the Court said.
Article 367. Accepting the record 1. Within three working days from the date of receiving the records by the Department of Justice moved to, the competent court is accepting and inform individuals, agencies, organizations must execute and the Procuratorate at the same level know.
2. The courts have the right to request individual, agency or organization has submitted the petition to explain the unclear points in the profile.
Article 368. Prepare petition for review 1. Within a period of two months from the date of acceptance, customize each case that a court in the following decisions: a) temporarily suspend the petition for review in the case of the notice in writing of the Ministry of Justice regarding the competent agencies of foreign countries are considering the decision of the arbitrator;
b) suspend the review petition, if individual, agency or organization is enforced withdrawal of petition or individual, agency or organization must enforce has voluntarily executed; the Agency must enforce organization was dissolved, bankrupt where rights, obligations of the Agency, the organization that has to be resolved in accordance with the law of Vietnam or individual must enforce dead rights, obligations of that person is not inherited;
c) suspend the petition for review in the case of the notice in writing of the Ministry of Justice regarding the competent agencies of foreign countries have abolished or suspended enforcement of the decision of the arbitrator;
d) suspend the review petition and return the records to the Ministry of Justice in the case not true authority or agency, organizations must execute not have headquarters in Vietnam, the individual must enforce non-residents, work in Vietnam or do not identify the location where the assets related to the enforcement in Vietnam;
DD) Open the session considering the petition.
In case the courts requires interpretation as defined in paragraph 2 of this law, the 367 Thing of time preparing the petition for review be extended by two months.
2. The Court must consider the session menu open within twenty 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 ten 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.
Article 369. Petition for review session 1. The petition for review be conducted in the session due to a petition for review board composed of three judges, in which a judge do preside 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 it must postpone the session.
3. The session was conducted in the presence of people who are executed or their legal representatives, if absent the first have justifiable reasons to postpone the session.
The petition for review is still in progress, if people are executed or their legal representatives asked the Court to consider the application is absent or has been duly summoned to the second that is still absent.
4. The Council not judgement again the dispute had been settled that foreign arbitration only test, against the decision of the arbitrator, the papers, the documents enclosed with the provisions of this law, the other provisions of the law of Vietnam and the international treaties to which Vietnam signed or joined relevant to decision-making.
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 of foreign arbitration decisions or decide not to recognize the decision of the referee.
Article 370. The absence of recognition 1. The decision of the foreign arbitration not recognized and enforcement in Vietnam in the following cases: a) The arbitration agreement signed by the parties do not have the capacity to enter into agreements which by law are applied to each party;
b) arbitration agreement without legally valid under the law of the country where the parties have chosen to apply or under the law of the country where the decision was declared, if the parties do not choose the law applicable to that agreement;
c) individuals, agencies, organizations must execute not valid and timely notice of the appointment of the arbitrator, on the procedure for resolving the dispute in foreign arbitration or for other justifiable cause that could not be done right in the proceedings;
d) the decision of the foreign arbitration was about a dispute not be resolved or request Parties to exceed the requirements of the parties signed the agreement to arbitration. In the case of can 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 is inconsistent with the arbitration agreement or with the law of the country where the foreign arbitration decision be declared, if the arbitration agreement does not rule on the matter;
e) decision of the foreign arbitration not compulsory for the parties;
g) the decision of the foreign agencies have the authority of the country where the decision was declared the country's laws or has applied to cancel or suspend the contest.
2. The decision of the foreign arbitration also not recognized and enforcement in Vietnam, if the courts deem Vietnam: a) under the law of Vietnam, the dispute is not resolved by arbitration;
b) the recognition and enforcement in Vietnam of foreign arbitration decisions contrary to the basic principles of the law of Vietnam.
Article 371. Submit the decision of the court right after the decision specified in article 368 and 369 of the civil code, the Court submitted to the litigants and the Procuracy same level decisions; If foreign litigants, the decision is sent through the Ministry of Justice.
Article 372. Appeals and protests

1. Within a period of fifteen days from the day the Court decision specified in article 368 and 369 of the this law, 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.
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. Procurator at the same level or the Supreme People's Procuracy has the right to appeal the decision of the Court specified in article 368 and 369 of the civil code.
The time limit for appeal of the Procuratorate at the same level is fifteen days, of the Supreme People's Procuracy is thirty days from the date of the Court decision.
Article 373. Considering the appeal, the appeal 1. The Supreme People's Court to review decision of provincial-level people's courts were appealed, the appeal within the time limit of one month from the date of receiving the record; the case should require explanation as defined in paragraph 2 of this law, the 367 Thing deadline be extended, but not more than two months.
2. Components of the decision being appealed, the appeal of three judges, including a judge do preside as assigned by the Chief Justice of the Court of Appeals Tribunal of the Supreme People's Court. The session reviewed the decision being appealed, the appeal was conducted as the session considering the petition specified in article 369 of the code.
3. The Council has the right to retain, in whole or in part the decision of the provincial people's Court, temporarily suspend or discontinue the appeal, the appeal in the case of litigants to withdraw the appeal, the Procurator to withdraw an appeal or to base the provisions in points a, b and c of paragraph 1 to article 368 of the Penal Code.
The decision of the Supreme People's Court is final and effective enforcement.
Article 374. Cancel the decision on recognition and enforcement 1. In the case of the notice in writing of the Ministry of Justice regarding the competent agencies of foreign countries that are considering the cancellation or suspension of enforcement of the decision of foreign arbitration decision was enforced in Vietnam, the heads of civil enforcement agency decides to temporarily suspend enforcement of foreign arbitration decisions and submit decision for the Court had recognition decisions and enforcement in Vietnam of foreign arbitration decisions.
The heads of civil enforcement agencies can apply measures to ensure necessary for continued enforcement of foreign arbitration decisions, if requested by the individual, agency or organization is executed.
2. Immediately upon receipt of the written notification of the Ministry of Justice regarding the competent agencies of foreign countries have abolished or suspended enforcement of foreign arbitration decisions, the courts have recognized Vietnam decision and enforcement in Vietnam decisions of foreign arbitration decisions annulment of that decision and sent the decision to the Agency enforcement of the judgment.
Shortly after receiving the Court's decision, the heads of civil enforcement agency decides to suspend the enforcement of foreign arbitration decisions.
The seventh section, judgment enforcement of civil decisions of courts Chapter XXX General provisions on enforcement of the judgment, the decision of the Court Article 375. The verdict, the decision of the Court be enforced 1. The verdict, the decision of the Court to 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 retrial of courts;
d) judgments, civil court's decision, the decision of the 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) judgments, decisions on alimony, paid labour, getting employees 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 the provisional measures.
Article 376. Pursuant to judgment enforcement, given the decision of the Court judgment, the decision of the Court be given enforcement when bases are the following: 1. A judgement or decision be enforced the provisions of article 375 of the code;
2. The decision of enforced execution Agency of competent jurisdiction.
Article 377. The right to request the enforcement of the judgment, the decision of the Court 1. The case of the litigant parties not to voluntarily enforce the execution of the judgment, the right to enforce the judgment pursuant to the judgment, the decision of the Court has the right to request the court enforcement agencies have authority to enforce the decision.
2. The request to enforce the judgment, the decision of the Court must have a petition for enforcement of court or directly to the enforcement authority stating the required content of the judgment and the information related to the enforcement of court judgment or decision attached to the request is executed.
378 thing. The responsibility of the individual, agency or organization in the enforcement of the judgment, the decision of the Court 1. Individuals, agencies and organizations in the scope of the mission, his powers have a responsibility to fulfill the request of the executor in the enforcement of the judgment, the decision of the Court.
2. The President of the people's Committee in the scope of the task, their powers are responsible for directing the organization coordinating authorities in the enforcement of the judgment, the decision of the Court in his local under the provisions of the law on the enforcement of civil judgments.
Commander of military region and the equivalent in the scope of the task, their powers are responsible for coordinating the Organization of authorities in the enforcement of the judgment in military zones and equivalent.
3. The police have the task of preserving order, promptly stop the acts impedes, oppose the enforcement of the judgment, the decision of the Court. In case of need to apply coercive measures to enforce the judgment then the police and the authorities have the task of coordinating the implementation of the request of the heads of the judgment enforcement or Executive Member.
Article 379. The Prosecutor is the enforcement of the judgment, the decision of the Court of the people's Procuratorate within the scope of its powers, duties Prosecutor obeys the laws of litigants, court enforcement agencies, Executive Member and individual, agency or organization with regard to the enforcement of the judgment, the decision of the Court to ensure the enforcement of the judgment the Court's decision, timely, full, true law.
Chapter XXXI procedure for enforcement of the judgment, the decision of the Court Article 380. 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 375 of the civil code, the Court declared the verdict, that decision must be issued to the execution and who must enforce court judgments or decisions that have scored "to enforce".
The Court must explain to the person who was executed, the person must enforce judgments, decisions about the right to request, the time limit for requesting enforcement of the judgment and the obligation to enforce the judgment under the provisions of the law on the enforcement of civil judgments.
Article 381. The time limit for delivery of the verdict, the decision of the Court of

1. for the judgment, the decision is executed according to the provisions of art. 2 of this law 375 the Court declared the verdict, the decision to transfer the case, decided to enforce the judgment the same level with the Court was the trial of first instance within ten days from the date of judgment, that decision.
As for the decision to apply provisional measures the Court had decided to transfer the right of decision to the execution of the same level.
2. For judgment, decided not to in the case prescribed in clause 1 of this article the Court has declared the verdict, the decision to transfer the case, decided to enforce the judgment the same level with the first instance trial court within thirty days from the date of the judgment the decision has the effect of law, unless the law otherwise.
3. When delivered the verdict, decision, the Court must send the attached minutes of levy, hold exhibits, property, other relevant documents, if any.
Article 382. Explaining the verdict, 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, the decision to interpret the unclear points in the judgment, decide to enforce.
Within a period of fifteen days from the date of receiving the written request, the Court must explain in writing and send it to the request, the Procuratorate at the same level, people have rights, obligations related to the enforcement of the judgment, the decision of the Court.
2. Judges decision is the presiding judge or the trial has the responsibility to explain the verdict, the decision of the Court. In the case that they no longer are the judges of the Tribunal, the Chief Justice of that Court has the responsibility to explain the verdict, the decision of the Court.
3. The interpretation of the judgment, the Court's decision is based on the minutes of the trial and the minutes of deliberation.
Article 383. Time required to enforce the judgment, the decision of the Court 1. Within three years from the date of the judgment, the decision of the Court is in effect, the law is enforced, the Court must enforce court reserves judgment enforcement agencies has decision-making authority enforcement of the judgment, that decision.
In the case of the time limit for implementation of obligations determined in the verdict, the decision of the Court, the time limit of three years calculated from the date the obligation to limit; as for the verdict, the decision of the Court shall periodically enforced three-year time limit applies to each periodical, from the date the obligation to limit.
2. In case of request execution proved to be due to objective obstacles or due to unforeseen events that may not request execution time then the time had difficulties or unforeseen event that does not count the time of the request execution; for the case of delayed, temporarily suspended enforcement of the judgment under the provisions of article 307 of the code and article 286 this time delay, temporarily suspended does not count at the time of request execution, unless the person was the implementation of projects agreed for people to execution delayed, temporarily suspended enforcement of the judgment.
The eighth section treats the acts impedes the operation of civil proceedings; complaints, accusations in the civil litigation Chapter XXXII handle acts impedes the operation of civil proceedings Article 384. Measures for the handling of the defendant, whose rights, obligations relating the defendant, whose rights, obligations associated with no independent inquiries have been duly summoned to court a second time and still not be at court or not present at the trial have no reason, then customize each case may be courts of caution or penalty money.
385 articles. Measures to handle the acts impedes the verification activities, collect evidence of the person conducting the proceedings 1. People would have one of the following behaviors, then depending on the extent to which violations can be the courts decided to caution, fines, administrative detention or criminal prosecution under the provisions of the law: a) fake, destroy important evidence interfere with the resolution of the case by the courts;
b) deceptive or declarations provided false documents;
c) refusing, refused to conclude the assessment or refuses to provide documents;
d) deceived, threatened, bribed, to use force to prevent the witnesses testify or forcing others out deceptive witness;
DD) deceived, threatened, bribed, to use force to prevent the examiner performing the duties or forcing the examiner concluded with the truth objectively;
e) deceived, threatened, bribed, to use force to prevent the translators perform tasks or forcing the translator translate dishonest, not objective, not proper when the room;
g) offend the honor, the dignity, the reputation of the person conducting the proceedings; the use of force, threats or other acts impedes the progress of the proceedings made verification measures, collect evidence because this law provisions;
h) The other violations of the law have provisions.
2. The police have a duty to enforce the decision of the Court of administrative custody who have violations.
Article 386. Measures of handling the intentional absence of witness according to the summons of the Court 1. The witness was duly summoned by the courts but not to the Court or not present in the trial without good reason and if the absence of them interfere with the gathering, verifying evidence or trial of the case the Court shall have the right to lead the award decision , warning, fine.
2. The decision to award lead 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 387. Measures for the handling of delinquency trial 1. People are violations of the rules of the trial, then, depending on the extent to which violations can be presiding the trial decided to caution, fined, forced to leave the courtroom or administrative detention.
2. The police have a duty to protect the trial implementation of the decision of the presiding trial about forced to leave the courtroom or administrative detention of people disrupting the order at the trial.
3. In case of violation of rules of the trial to be prejudice criminal liability the Court shall have the authority to prosecute criminal cases under the provisions of criminal legislation.
Article 388. The responsibility of the Procuracy of the court case to prosecute criminal cases 1. In the case of the tribunals to prosecute criminal cases as prescribed in clause 1 Article 385 and paragraph 3 of this law 387 Articles within ten days from the date of the decision to prosecute, the Court must be transferred to the Procuratorate authorities decided to prosecute the case and documents evidence to prove the offence.
2. the Procurator must consider the prosecution, the prosecution accused within criminal proceedings by the law regulations; If the Procuratorate is not prosecuted, the prosecution accused the Procurator must be notified in writing stating the reason of the failure to prosecute, indicted accused to the Court was the decision to prosecute the case know.
Article 389. Individual processing measures, agency, organization does not enforce the decision of the Tribunal on the evidence provided to the Court

1. Individuals, agencies, non-enforcement of court decisions about providing evidence that individuals, agencies, organizations that are managing retention, then the Court may decide to caution, fine or comply.
2. Individuals, the head of the Agency, held forth in paragraph 1 of this article depending on the extent to which violations can be disciplined or arrested save for criminal liability in accordance with the law.
Article 390. Procedure, the authority sanctioned the fine levels, procedures, authority to sanction, the level of penalties for the acts impedes the operation of civil proceedings by the national committees regulations.
Chapter XXXIII complaints, accusations in civil proceedings Article 391. The decision, acts in civil proceedings may be the complaint 1. Individuals, agencies, organizations 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, and the decisions by the person conducting the civil proceedings issued, if there are appeals, appeals, complaints, recommendations are not addressed under the provisions of this chapter which are settled according to the provisions of the corresponding chapter of this law.
Article 392. 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) accepted the complaint resolution decision has legal effect.
Article 393. Rights, the obligation of the person with the complaint 1. People complained of have the following rights: a) give evidence of the legality of 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 394. Time limits complaints time limits complaints is fifteen days from the date the complaint is received or learned of the decision, the proceeding that the person acts that have violated the law.
In the event 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 395. The authority and the time limit for complaints against the Prosecutor, the Deputy Minister and the Prosecutor claims decisions, acts in the proceedings, Prosecutor's Deputy Chief Procurator by the Institute resolved within fifteen days from the date of the complaint; If does not agree with the results resolved then the complainant has the right to appeal to the superior Procuratorate directly. Within fifteen days of receiving the complaint, the Procurator supervisor must consider, resolve. The superior Procuratorate directly have the final jurisdiction.
Appeal proceedings, acts of the Minister the Prosecutor because the superior Procuratorate directly resolved within fifteen days from the date of the complaint. The superior Procuratorate directly have the final jurisdiction.
Article 396. The authority and the time limit for appeal against the Secretary of the Court, the people's jurors, judge, Deputy Chief Justice and Chief Justice of the Court of appeal decision of the clerk of courts, people's jurors, judge, Deputy Chief Justice by the Chief Justice the Court resolved within fifteen days from the date of receiving the complaint; If does not agree with the results resolved then the complainant has the right to appeal to the superior court. Within fifteen days of receiving the complaint, the Tribunal must consider the direct superior, resolve. The Superior Court has jurisdiction directly.
Appeal decisions, acts in the proceedings of the Court led by Chief Justice superior court directly addressed within fifteen days from the date of the complaint. The Superior Court has jurisdiction directly.
Complaint resolution decision of the Chief Justice of the Court must be sent to the complainant and the Procuratorate at the same level.
Article 397. The authority and the time limit for complaint resolution for the examiner to complain about the behavior of the civil proceedings of the examiner by the heads of authorities directly managed the examiner resolve within fifteen days from the date of the complaint; If does not agree with the results resolved then the complainant has the right to complain to the head of the Agency's direct superior management authorities. Within fifteen days of receiving the complaint, the head of the agency managing supervisor must consider, resolve. The decision of the head of the superior management agency direct is the final decision.
Article 398. People have the right to denounce citizens 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 citizens , the Agency held.
Article 399. 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.
400 thing. Rights, the obligation of the person reported 1. The person who reported the following: a) has the right to be informed about 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 401. 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.
In case people were denounced as Chief Justice, Deputy Chief Justice of the Court, the Director, Deputy Procurator, the Chief Justice of the superior court, the superior prosecutor Minister directly responsible for solving.
The time limit for settling accusations is not more than sixty days from the date of acceptance; for complex cases, the timelines to resolve accusations may be long over, but not exceeding ninety days.
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 402. Procedure for resolving complaints, denunciations procedure for resolving complaints, accusations are made according to the provisions of this chapter and the provisions of the law on complaints and denunciation are not contrary to the provisions of this chapter.
Article 403. 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 404. Prosecutor obey the law in the resolution of complaints, accusations in civil proceedings the people's Procuracy Prosecutor obey the law in the resolution of complaints, accusations in a civil proceeding under the provisions of the law. Procurator has the right to request, petitions for courts of the same level and lower level, agencies, organizations and individuals have the responsibility to ensure the resolution of complaints, accusations are grounded, lawful.
The ninth part procedure for resolving civil cases have foreign elements and judicial assistance in civil litigation Chapter XXXIV General provisions on procedure for resolving civil cases have foreign elements to article 405. Applicable principles 1. The Court applies the provisions in Chapter XXXIV and XXXV Chapter of this law to settle civil cases have foreign elements. In the case of this chapter no regulation shall apply the provisions of the relevant laws to solve.
2. civil cases there factor is civil cases have at least one of the litigants is alien, Vietnam people settled abroad or civil relations between the litigants is the citizen, the Agency held Vietnam but the base to establish, change that relationship ended, according to the foreign law, incurred abroad or related assets that relations abroad.
Article 406. Rights, obligations of individuals, agencies and organizations 1. Foreign citizens, stateless persons, bodies, foreign organizations, international organizations (hereinafter referred to as individuals, agencies and organizations) have the right to sue to the courts of Vietnam to request protection of the rights and legitimate interests of themselves when being violated or disputed.
2. When the civil proceedings, individuals, agencies and organizations have the right, the obligation of the proceedings as a citizen, the Agency held Vietnam.
3. State of Vietnam could apply the principle of reciprocity to restrict the rights of civil proceedings of foreign citizens, agencies and organizations with which the courts of that country has restricted the right to proceedings against citizens, agency, organization, Vietnam.
Article 407. Legal capacity in civil proceedings, and the capacity of civil proceedings acts of foreign citizens, stateless persons 1. Legal capacity in civil proceedings, and the capacity of civil proceedings acts of foreign citizens, stateless persons are defined as follows: a) under the law of the country whose citizen that nationality; in the case of the population of Vietnam nationals and foreign nationals, then under the law of Vietnam; in the case of multiple nationality citizen of many different foreign under the law of the country where civilians live, unless Vietnam law otherwise;
b) according to the law of Vietnam, if foreign nationals reside, do business, long live in Vietnam;
c) under the law of the country where the stateless residents, business, long live;
d) Vietnam, if under the law of civil procedure acts are performed on the territory of Vietnam.
2. Foreign citizens, stateless persons might be recognized the competence of civil proceedings acts on the territory 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 408. The capacity of the civil proceedings law agency, foreign organizations, international organizations in civil proceedings 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 founded, unless Vietnam law otherwise.
2. legal capacity in civil proceedings 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 have been concluded with the competent authorities of Vietnam.
Article 409. Protect the legitimate rights and interests of litigants as individuals, agencies, organizations involved as individuals, agencies and organizations to participate in the proceedings in the courts of Vietnam have the right lawyer to protect the legitimate rights and interests for themselves under the provisions of the law of Vietnam.
Chapter XXXV Vietnam Court's jurisdiction to settle civil cases there factor 410 Conditions overseas. General provisions on the jurisdiction of the courts of Vietnam settled the civil case has foreign elements 1. The jurisdiction of the courts of Vietnam settled the civil case has foreign elements are determined according to the provisions in chapter III of this law, except as otherwise specified in this Chapter.
2. The courts of Vietnam settled the civil case has foreign elements in the following cases: a) the defendant is a foreign organization, the Agency has its headquarters in Vietnam or the defendant have governing bodies, branches, representative offices in Vietnam;
b) defendant is a foreign citizen, stateless person residing, working, long live in Vietnam or have property on the territory of Vietnam;
c) plaintiffs are foreign citizens, stateless persons-residents, business, long live in Vietnam for the incident on the request claiming alimony, determined parents;
d) Service civil about civil relations which bases to establish, change, terminate that relationship under the law or Vietnam happen on the territory of Vietnam, but at least one of the litigants is individual, agency or organisation;
DD) Service civil about civil relations which bases to establish, change, terminate that relationship under foreign law or going abroad, but the litigants are all citizens, agencies, organizations and Vietnam plaintiff or defendant resides in Vietnam;

e) disputes arising from the contract that the realization of the whole or part of the contract occurred on the territory of Vietnam;
g) Service the divorce that the plaintiff or the defendant is the population of Vietnam.
Article 411. The separate jurisdiction of the courts of Vietnam 1. The civil case has the following foreign elements in the separate jurisdiction of the courts of Vietnam: a) civil cases related to rights to property is real estate on the territory of Vietnam;
b) disputes arising from the contract of carriage by which the transport has its headquarters or branch in Vietnam;
c) in the case of divorce between Vietnam nationals with foreign citizenship or no citizenship, if both spouses reside, do business, living in Vietnam.
2. The civil has the following foreign elements in the separate jurisdiction of the courts of Vietnam: a) defines a legal event, if the event that occurred on the territory of Vietnam;
b) declares foreign citizens, stateless persons with limited capacity for civil acts, lost the capacity for civil acts if they reside, do business, live in Vietnam and the Declaration that are relevant to establishing rights, obligations on the territory of Vietnam;
c) declares foreign citizens, stateless persons missing, dead, if they are present in Vietnam at the time the events occurred which events it's grounds for declaring a missing person, was dead and that statement is relevant to establishing rights, obligations on the territory of Vietnam;
d) asks the Court to declare Vietnam Vietnam citizens missing, dead if disqualifying which involves establishing rights, obligations on the territory of Vietnam;
DD) property on the territory of Vietnam is unattended or recognition of ownership management for property owners on the territory of Vietnam.
Article 412. Do not change the jurisdiction of the courts in civil cases had been a Vietnam Court accepting the settlement under the provisions of this law by the authority, must be that courts continue to settle although in the process of resolving a change of nationality, place of residence address of the litigants or have new details make the civil case that the jurisdiction of the courts of Vietnam or of foreign courts.
Article 413. Return the petition, petition or settling the civil case in case there have been foreign tribunals resolved 1. Vietnam Court returned the petition, petition or settling civil cases there factor abroad in case there have been judgments, decisions of foreign courts resolve civil cases and countries with the Court judgment, decided that civil and Vietnam signed or joining international treaties regulating the recognition and enforcement of judgments and decisions.
2. Vietnam Court returned the petition, petition or settling civil cases there factor abroad if the foreign court has a civil case and the verdict, the decision of foreign courts on civil cases which are recognized and enforcement in Vietnam.
Chapter XXXVI of judicial assistance in civil proceedings Article 414. The principle of judicial assistance in civil proceedings 1. The judicial assistance in civil proceedings between courts and foreign courts of Vietnam are made on the principle of respect for the independence, sovereignty, territorial integrity of countries, non-interference in each other's internal affairs, equality and mutual benefit, in accordance with the international treaties to which the Socialist Republic of Vietnam signed or joined in accordance with the law of Vietnam.
2. In the case of the Socialist Republic of Vietnam and foreign countries have not yet signed or joined the international treaty provisions on judicial assistance in civil proceedings the judicial assistance in civil proceedings may be courts of Vietnam accepted on the principle of reciprocity but not unlawful Vietnam , international law and international practices.
Article 415. The justice mandate implementation 1. Vietnam Court mandated justice for foreign courts or the judicial mandate of foreign courts about the conduct of some activities in civil proceedings according to the provisions of international treaties to which Vietnam signed or joined or under the principle of reciprocity.
2. The courts of Vietnam does not accept make judicial entrustment of the foreign court in the following cases: a) the implementation of a judicial mandate violate Vietnam's sovereignty or threaten the security of Vietnam;
b) implementing justice mandate is not under the jurisdiction of the courts of Vietnam.
Article 416. The procedure performs the judicial mandate 1. The Vietnam courts mandated justice for foreign courts or foreign courts to the Court of Justice mandated Vietnam must be made in writing and sent to the competent authorities of Vietnam under the provisions of the international treaties to which Vietnam signed or joined or under the provisions of the law of Vietnam.
2. the competent authorities of Vietnam received judicial mandate text must proceed directly to the courts of Vietnam or the competent authority of the foreign recipients of court-mandated text Vietnam.
Article 417. The justice mandate text 1. The justice mandate text must contain the following major contents: a) the day, month, year of establishment of the judicial mandate text;
b) the name, address of court-mandated;
c) the name, address of the courts made judicial mandate;
d) Them, the individual's name, address, the name and address of the agency or organization relevant to the mandate;
DD) content of work mandated;
e) request of court-mandated.
2. Submit a written mandate is papers, documents required for the implementation of the mandate, if available.
Article 418. Recognized papers, the document issued by the competent foreign authority, or certification level 1. Papers, the document issued by the competent foreign authority, issued or endorsed under the provisions of the law or outside the territory of Vietnam was recognized by Vietnam's court papers that document, if it has been legalized, unless the international treaties to which Vietnam signed or joined otherwise.
2. Papers, documents created in a foreign language must be submitted to the Court of Vietnam accompanied Vietnamese translation had to be notarized, certified legal.
 
This law was the National Assembly of the Socialist Republic of Vietnam tags XI, session 5 through June 15, 2004.