ORDINANCE on PROCEDURES for SETTLING the CIVIL CASE To resolve properly the law the civil case in order to protect the interests of the State, the collective, the legitimate interests of the citizens, contribute to strengthening Socialist legislation;
Pursuant to article 100 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance regulates the procedure of petitioner, the investigation, conciliation, adjudication of the civil case.
Chapter I GENERAL PROVISIONS article 1. The right to ask the Court to protect legal rights.
Citizens, legal entities, according to the procedure prescribed by law, have the right to sue the civil case to ask the courts to protect his legal rights.
Article 2. The right to dispose of the litigants.
The petitioner civil case have the right to withdraw the petition, change the content of the claims. The litigants have the right to reconcile with each other.
Article 3. The obligation to provide, collect evidence.
Litigants are obliged to provide evidence to defend their rights. The courts have a duty to consider all the details of the case and when needed can gather more evidence to ensure the resolution of the case was correct.
Article 4. Equality of rights and obligations between the litigants.
The equality of rights and obligations in civil proceedings.
Article 5. Responsible for reconciliation of the courts.
In the course of the case, the courts to help reconcile the litigants agreed with each other about the case, except in the case of conciliation are not regulated or reconciliation.
Article 6. Judges and people's assessors are independent and subject only to the law.
When the trial, judges, people's assessors are independent and subject only to the law.
Article 7. The voice, the handwriting used in civil proceedings.
Voice and text used in civil proceedings is Vietnamese.
Citizens of all nationalities have the right to use advanced said, his nation's written and sent to the court translator.
Article 8. Participation in the proceedings of the State bodies, social organizations and citizens.
State agencies, national committees, the Member organizations of the national and citizen according to the rules of law may join appropriate organizations of the people to resolve the violation of law and small disputes among people before proceeding , has the right to give the Court information about the case and, custom cases, help in the Court of conciliation; have the right to petition the superior court to consider the job done against the law of the court below. The Court must consider, resolve and respond to who recommendations.
If none of the petitioner, the Fatherland Front Committee, the Member organizations of the national in the scope of its functions has the right to sue or Procurator recommendation considering the prosecution of the case for the work specified in clause 1 Article 28 of this Ordinance.
Article 9. Prosecutor comply with law in civil proceedings.
The people's Procuratorate Prosecutor comply with law in civil proceedings according to the provisions in articles 12, 13a, 13b of the law on organization of people's Procuracy and the provisions of this Ordinance.
CHAPTER II-JURISDICTION of the COURTS article 10. The work in the jurisdiction of civil courts.
The Court shall have jurisdiction of the following civil cases: 1-the dispute about ownership, contract, claim damages outside contract or other disputes on rights, obligations under the provisions of civil law between citizens, between citizens with legal personality , between legal entities together, except those under the jurisdiction of the Agency, other organization;
2-What about the marriage and family relations;
3-the labor disputes;
4-The defining citizens missing or dead, except in the case of the missing officers, military personnel or died in the war are the responsibility of solving the authorities;
5-the Registrar agency complaints about the denial of registration or does not accept requests to modify the things stated in the papers about the Registrar;
6-The complaints about the voter list;
7-The complaints about the press agency did not dispute the information with content that offend the honor, the dignity of the other person;
8-other things by law.
Article 11. The jurisdiction of the courts of all levels.
1-Court of the District of resolve following the procedure at first instance the case stipulated in article 10 of this Ordinance, except for the case under the jurisdiction of provincial courts.
2-the Court of the first instance procedure by solving the following case: a) when litigants are foreigners either Vietnam abroad;
b) industrial property rights disputes under the provisions of article 29 of the Ordinance on protection of industrial property rights;
c) cases under the jurisdiction of the Court of the district in which the Court of the retrieved up to solve.
3-In special cases, the Supreme People's Court to settle according to the procedure of first instance at the same time appeals the case to the general jurisdiction of the Court under the Supreme People's Court that took up to solve.
Article 12. The jurisdiction of the Court with respect to the decision of the Agency, other organization.
When hearing civil cases, the courts have the right to cancel the decision clearly contrary to the law of Agency, other organization compromised legitimate rights of the litigants in the case that the courts have a duty to solve.
Article 13. The jurisdiction of the Court according to the territory.
1-the Court has jurisdiction in civil cases is the Court of the residence or place of business of the defendant; If the defendant is legal, the competent court is the Court of the place where the legal person is based, unless the law stipulates otherwise. Litigants may also request the court agreement the residence of the plaintiff.
2-property disputes by the courts where the property settlement.
Article 14. These cases plaintiffs courts selected.
In the following case the plaintiff has the right to choose the courts resolved: 1-If the defendant's address is not known or if the defendant has no place of residence in Vietnam, the plaintiff can ask the courts which has the property or residence of the defendant finally resolved;
2-If the case arises from the operation of a branch of legal person, the plaintiff can ask the courts where the legal person is based or where that branch to resolve;
3-If the level of support, then the plaintiff can ask the Court to settle his residence;
4-If the compensation for damage to life, health, the plaintiff may ask the Court of his place of residence, the place where the damage occurred or the place of residence of the defendant addressed;
5-If the case arises from contractual relations, then the plaintiff can sue in the courts of the domicile of the defendant or where to perform the contract; If when the contract that the parties have agreed in advance on the courts to resolve the dispute, the plaintiff only be litigated in the courts;
6-If the defendant has a different residence, the plaintiff may ask the Court of domicile of one of the defendants settled.
Article 15. Transfer the case to another court; resolve disputes on jurisdiction.
1-after the case that saw the case that is not under the jurisdiction of the Court to transfer the case to the competent court.
2-disputes on jurisdiction by the Court on the direct settlement.
CHAPTER III The COMPOSITION Of The BOARD Of REVIEW.
The CHANGE of judges, JURORS, PROSECUTOR, COURT SECRETARY, examiner, who TRANSLATED article 16. The composition of the Board of review.
1-the trial of first instance or the instance at the same time the jurors included a general judge and two people's assessors.
2-the Council of three appellate judges.
3-the trial of Cassation or retrial of the Civil Court of the Supreme People's court composed of three judges.

4-the Committee of judges, the judges of the Supreme People's Court, judge Committee of the provincial people's Court trial under procedure of Cassation or retrial of the case to the jurisdiction.
Article 17. These cases must change a people's jurors, judge, Prosecutor, court Secretary, examiner, translator.
1-the judge, jurors to refuse to conduct the proceedings or altered, if: a) is privy, or the protection of the rights of litigants, like relatives of the litigants, who testified in the case;
b) was the Prosecutor, the clerk of courts, the examiner, an interpreter in the case;
c) once the investigation, conciliation, adjudication of the case, except for the members of the Committee of judges, the Judicial Council, the Supreme People's Court to be involvement of the trial many times the same case under the procedure of Cassation, retrial;
d) In a trial in which the judge, the jurors are the ones people like each other;
DD) based shows they can not indifferent while on duty.
2-Prosecutor, clerk of courts, the examiner, the translator must refuse to participate in the proceedings or altered, if: a the) base specified in point a and point e this paragraph 1;
b) they took the judge, jurors, or people who participate in the proceedings in the same case.
Article 18. Solved changing people's jurors, judge, Prosecutor, court Secretary, examiner, translator.
1-before opening the trial, changing people's jurors, judge, court clerk, the examiner, the interpretation by the Court of Chief Justice decide; the change by the Prosecutor to institute prosecution decisions.
2-at the trial, the change of judges, people's jurors, the Prosecutor, the clerk of the trial, examiner, the interpretation by the Board of review to consider and decide, after hearing the opinion of the people being asked to change the join of the trial.
CHAPTER IV PARTICIPANTS in PROCEEDINGS article 19. The litigants.
The litigants are citizens, legal proceedings as plaintiff, defendant or person of interest, related obligations.
In case the Procuracy to prosecute or sue the social organization for the common people have protected rights can participate in the proceedings as plaintiffs.
Article 20. Rights and obligations of the proceedings of the litigants.
1-the plaintiff has the right to change its requirements. The defendant has the right to oppose the request of the plaintiff and of proposed requirements relevant to plaintiff's request. People have rights, obligations can have independent inquiries or proceedings sided with the plaintiff or defendant.
2-The litigants have the right to equality in the provision of evidence to protect their rights; be aware of evidence provided by the other party; ask the Court to proceed with the necessary investigative measures, the decision to provisional measures; join the reconciliation; join the trial; request to change people's jurors, judge, Prosecutor, court Secretary, examiner, translator; propose to the Court the issue should ask other people; join the debate at the trial; to appeal the verdict, the decision of the Court.
3-The litigant has an obligation to provide evidence; enforcement of decisions, made the request of the Court; must be present according to the summons of the Court. The defendant has been duly summoned to the second that is still absent without good reason, the Court may impose a fine of from twenty thousand to fifty thousand copper copper.
Article 21. Behavioral competencies on the proceedings of the litigants.
1-from 18 years of age have the right to make his own the rights and obligations of litigants in civil proceedings.
2-minors must have a representative on behalf of the proceedings. Minors from age 16 to under 18 years have involved contract workers was himself involved in the proceedings of the work related to labour relations, but when necessary, the Court can summon their representatives to participate in the proceedings. As for the other things, minors from age 16 to under 18 years old must have a representative participate in the proceedings, but when necessary, consult Court of juveniles.
3-If the litigants are people because of physical blemishes or mental that cannot participate in the proceedings was to have representatives participate in the proceedings.
If no one representation for juveniles, the downside of physical or mental, the absence of no news the Court sent a loved one like of or a member of a social organization made the person who represents them.
Article 22. The representative authorized by the litigants.
1-litigants are citizens, representatives of litigants under the provisions of article 21 of this Ordinance can make paper authorization for lawyers or other persons on behalf of themselves during the proceedings, except for the divorce and the marriage is unlawful.
2-legal proceedings through his leaders or representatives are legal authorisation in writing.
Article 23. Rights and obligations of authorized representative.
The representative is authorized to perform the rights and obligations of litigants in proceedings authorized range.
Article 24. The protection of the rights of the litigants.
1-litigants can thanks to lawyers, staff people or others to be accepted by the courts to protect their rights.
2-person can defend the rights for many litigants in the same case, if the rights of those that are not in opposition to each other.
Article 25. The rights and obligations of the protection of the rights of the litigants.
1-The protection of the rights of the litigants are proceedings from the petitioner.
2-The protection of the rights of the litigants have the right to propose changes to the judge, jurors, Prosecutor, court Secretary, examiner, an interpreter as defined in chapter III of this Ordinance; have the right to provide evidence, the proposed requirements, read the case file and notes that the essential point in the record attendance, joining the trial.
3-The protection of the rights of the litigants are obliged to use the measures prescribed by law to contribute to clarify the facts of the case; helps litigants to legally protect their legal rights.
Article 26. The participants in the proceedings.
1-Who would know any details related to the case could be the courts, Procuracy summoned to testify. Witnesses are stubs all honesty what he knows about the case.
2-the examiner is the person who has the necessary knowledge of the field needs assessment which the Court, Procurator referendum. The examiner has the right to learn the materials of the case are related to object to the assessment; ask the Agency to provide expertise on the documents necessary for the assessment; taking part in the interrogation and be questioned about issues relevant to the subject expertise.
3-Person interpretation by the courts, the Procurator requested in the case of participants in the proceedings are not to be used for Vietnamese.
4-Person witness, the examiner, the translator must be present according to the summons of the Court, procurator.
Article 27. The successor rights and obligations proceedings.
1-If litigants dead right or obligation on their property is inherited, the heir to the proceedings.
2-If the legal merger, split or dissolve the entity continued the mission, acquiring the assets of the legal person has the rights and obligations of legal proceedings.
Article 28. The participation in the proceedings of the people's Procuracy.

1-for violating the law and damaged the Socialist property, or the rights of workers in labour relations, the marriage is unlawful, define fathers and mothers for juvenile children, serious violations of the rights of minors or of people has the downside of physical or mental If no one claims the Procurator has the right to prosecute.
2-the Procurator have the duty to participate in the proceedings for the case that Procuracy has prosecuted. As for the other case, the Prosecutor could Institute proceedings from any stage if deemed necessary.
3-If the Procurator to prosecute the case, the Procurator has the responsibility to provide evidence.
4-the court sends the same Procuracy copies the verdict, the decision of the court right after the text; transferred to the Procuratorate loan case file for review under the procedure of Cassation or retrial.
Article 29. Rights and obligations of social organizations.
Social organizations to sue for the common has the right and obligation of the proceedings as plaintiff, except the right to conciliation.
Chapter V article 30 COURT FEES. Court fees.
The litigants to bear court fees as prescribed by the law, depending on the type of case and on the basis of the benefit, the level of their errors in relation to the law which the Court addressed in the case.
The Council of Ministers in collaboration with the Supreme People's Court regulations court fees.
Article 31. Who is an advance payment of court fees; who should bear court fees.
1-the plaintiff; the defendant has asked for plaintiffs; people have rights, obligations relating to independent request an advance payment of court fees, except the cases stipulated in article 32 of this Ordinance.
2-The appeal under the procedure of appeal to pay the advance payment of the court fee appeal within the appeal; If within the time limit which does not advance the appellate court fees, the treated as no appeal, unless there is good reason.
3-in the case the plaintiff withdrew the petition or reconciliation, litigants may agree with each other on the subject of court fees. If they do not settle the Court decides the extent of court fees and who should bear court fees.
4-If the case were suspended under the provisions of paragraphs 1, 2, 3 Article 46 of this Ordinance, the amount the court fee to be sung on State funds.
5-If the resolution of the case is temporarily suspended, the court fee to be decided when the case was continued.
Article 32. Exemption from court fees; long an advance payment of court fees.
1-the following people are exempt from court fees: a) the support request, please identify parents for juvenile children out of wedlock;
b) workers demanding wages of labour;
c) Who claim damage to life, health;
d) Who complain about the electoral list.
2-the Procurator to prosecute, sue the social organization for the common good without charge.
3-Person economic hardship was the people's Committee of the communes, wards, towns, bodies, social organizations, the certificate can be the Court for filing a section or the entire advance payment of court fees and may be the courts free of part or the entire court fees.
Article 33. The cost of the assessment.
Litigants has offered features the expertise to advance the cost of the assessment; If because they did not submit that the assessment was not conducted, the tribunals can base on the results of the investigation have reached to resolve the case or his own referendum examiner.
CHAPTER VI SUE And PROSECUTE The Case. The CASE Article 34. Sue.
1-A person may sue for a person on one or more different requests.
2-A person can sue for many or many people could sue for a person on the same legal relationship.
3-the petitioner must indicate the name, his address; of the defendant, of who has rights, the relevant obligations; content of the work; his request and the documents, the argument proves for that request.
4-the Procurator to prosecute or sue the social organization for the common good in writing sent to the Court.
Article 35. The right to change the requirements of the petitioner.
1-before the Court opened the trial, who claims the right to change the requirements have been stated when the petitioner.
2-at the trial the change requests are only accepted if not postponed the trial to investigate further.
Article 36. The case returned the petition.
The Court returned the petition to the applicant in the following cases: 1-the applicant has no right to sue;
2-time has run out;
3-the incident was resolved by the judgment or decision was in effect the law of the Court, unless otherwise specified by the law;
4-The work is prescribed by law have to ask other agencies to resolve before, but litigants have not requested or the authorities have yet to solve;
5-The work is not in the jurisdiction of the Court.
Article 37. Of the case.
1-if you see the case in his jurisdiction, the Court shall notify the plaintiff an advance payment of court fees. Within the time limit of one month from the date of filing, the plaintiff must file the advance payment of court fees, unless the court fee exemption or is exempt from an advance payment of court fees.
2-the court case from the date the plaintiff an advance payment of court fees. If the litigant were exempt from court fees on the acceptance is on the Court receiving the petition. If litigants are free of an advance payment of court fees on the acceptance is on the Court for an advance payment of court fees.
3-the Court may extend an advance payment of court fees a month. Expiry of which the plaintiff is not an advance payment of court fees, the Court is not the case.
CHAPTER VII INVESTIGATION Article 38. The investigation before reconciliation, trial.
1-preparation for conciliation, adjudication, custom case, the Court conducted the following: a) testimony of the litigants, who testified about the problems necessary;
b) requires State agencies, social organizations or citizens provide useful evidence for the significance of the case;
c) review in place;
d) examiner referendum;
DD) requires professional body or Council valuation valuation of property disputes.
2-the Procurator has the right to request the courts or his own referendum assessment or investigation, to verify the problem should clear up in the case.
Article 39. Mandated investigation.
If necessary the investigation outside his realm, then the Court may entrust to the Court where the need to conduct the investigation.
The Court mandated task is done right and reported the results to the Court has mandated.
Article 40. Considering the reported evidence is fake.
1-lays out the evidence Privy reported fake was retracted evidence; If litigants do not withdraw that evidence that has important implications for the settlement of the case the Court examiner referendum.
The person giving the evidence tampering must bear the cost of that assessment, but if that evidence is not tampered with, then the litigants have suffered accusations cost assessment.
2-If the fake evidence that signs of crime the Court moved to evidence tampering and related documentation for the Prosecutor to Institute consider prejudice to criminal responsibility.
CHAPTER VIII PROVISIONAL MEASURES Article 41. application of provisional measures.
In the course of the case, the Court itself or at the request of the Procurator, the litigant could apply the following measures to temporarily solve the urgent request of the litigants or to preserve evidence: 1-Forcing a party to make the alimony;
2-Handed juveniles to individuals, agencies or organizations caring;
3-Pay the salary or wages of labour;

4-levy contested property to avoid the pipe riveted;
5-prohibition of shifting assets are disputed 6-For harvesting and storage is related to the dispute;
7-Banning or forcing litigants made some certain behavior.
Article 42. Procedure to apply provisional measures.
1-before opening the trial, if requested to apply provisional measures then the litigants must, Procuracy must have text sent to the Court. The Court heard presentations by people who have rights, obligations related to the request before deciding whether to apply or not to apply provisional measures. If need to adopt provisional measures the Court has the right to make a decision soon.
2-If provisional measures is to ban shifting of assets which the sale must be registered with the authorities, the decisions of the courts must be delivered to the litigants and send relevant management bodies.
3-decide on provisional measures be enforced immediately. The litigants have the right to appeal, the Procurator has the right to petition to the Chief Justice of the courts are resolving about this decision. Within three days from the receipt of complaints, Petitions, Chief Justice of the Court must consider and answer.
CHAPTER IX of CONCILIATION, SUSPENSION, SUSPENSION of the SETTLEMENT of the CASE BROUGHT the CASE to the TRIAL Article 43. Reconciliation.
In the course of the case, the Court reconcile to the litigants agreed with each other about the case, except for the following: 1-Cancel the marriage is unlawful;
2-compensation for damage to the property of the State;
3-these things arise from unlawful transactions;
4-these things are defined in clause 4, 5, 6 of article 10 of this Ordinance and other things under the provisions of the law.
Article 44. The procedure of conciliation.
1-plaintiff, defendant, whose rights, obligations relating to be present when the reconciliation.
2-When the litigants agreed with each other on the issue to resolve in the case the Court established a reconciliation. A copy of the minutes is sent immediately to the Procuratorate at the same level, civil society organizations to sue for the common good. If within fifteen days from the date of establishment of conciliation proceedings that are privy to change opinions or procurator, social organizations mission launch event for the common objections to the agreement, the Court takes the case to trial; If within a period that does not change my opinion or protest the Court decision recognized the agreement of the litigants. This decision has the effect of law.
3-If the agreement was not privy to each other the Court established a reconciliation not to take the case to trial.
4-If the defendant has been duly summoned to the second that is still absent with no reason the Court take the case to trial.
Article 45. Temporary suspension of the resolution of the case.
1-Court of the decision to temporarily suspend the resolution of the case in the following cases: a) the plaintiff or defendant dies without heir to participate in the proceedings;
b) Has prepared the trial expiry under the provisions in article 47 of this Ordinance that one of the litigants could not be present because of ill or have other legitimate reasons;
c) cannot find the address of the defendant;
d) Should expect results to solve criminal cases, civil cases; the work was regulated by the Agency is to be resolved before other organizations solve the case.
2-the courts continue to proceed with the case when the reasons for the suspension no longer exist.
Article 46. Suspension of the resolution of the case.
The Court decision to suspend the resolution of the case in the following cases: 1-the equivalent of the dead that their obligations, rights not inherited;
2-The Privy has reconciliation; the petitioner withdrew the petition, the Procuracy withdrew the decision to prosecute the case in the absence of the plaintiff or the plaintiff is not required to continue resolving;
3-plaintiff has duly been summoned to second that still absent without good reason;
4-The case was defined in item 2, 3, 5 to article 36 of this Ordinance.
Article 47. The time limit for pretrial preparation.
1-within a period of four months from the date of the case, custom cases, courts out one of the following decisions: a) recognized the agreement of the litigants;
b) temporarily suspend the resolution of the case;
c) suspend the resolution of the case;
d) bringing the case to trial.
If the complex nature of the case or the investigation difficult, then the time is six months.
2-the courts to trial within the time limit of one month from the date of the decision to bring the case to trial; If there is good reason, you can open the trial within two months. If the Procuratorate to join the trial at first instance, the case file must be transferred to the Court Procuratorate at the same level of research within a period of fifteen days.
CHAPTER X of the TRIAL of FIRST INSTANCE Article 48. Participants in the trial.
1-the trial was conducted in the presence of the litigants, who represented litigants, witnesses, the examiner, translator. If the Procurator to prosecute, sue the social organization for the common good, then the Prosecutor, representatives of civil society organizations to be present at the trial.
2-trial postponed the trial, if: a) the absent Prosecutor in case the Procuracy must participate in the proceedings;
b) absence of representative social organizations had to sue for the common good;
c) absent plaintiffs, defendants, people have rights, obligations relating to independent request;
d) absent witnesses should be questioned at the trial;
DD) member of the Board of review, the Prosecutor, the clerk of the trial, examiner, an interpreter is changed so that there is no alternative right now.
3-The trial still in progress if litigants request trial absent or who is not a plaintiff has duly been summoned to second that still absent without good reason.
Article 49. The procedure of the trial.
1-the start of the trial, presiding the trial read decided to bring the case to trial; check the identity of the persons to be summoned to the trial were present and Calculus for they know their rights and obligations at the trial. If someone was absent from the trial to decide whether to postpone the trial or not.
2-preside the trial introduction of the members of the Board of review, the Prosecutor, the clerk of the trial, examiner, translator and asked the participants in the proceedings who have viewed the change request or not; If requested, the trial review and decision.
3-preside the trial explained to the examiner, the interpreter about their rights and obligations. These people warrant round task.
4-Person witness warrant no lie. If the witness could be influenced by the testimony of others, then presiding the trial for quarantined people testify against others before asking the witness.
5-preside the trial asked litigants, Prosecutor, representatives of civil society organizations to sue for the common view has anyone asked to summon more witnesses or provide more evidence or not; If requested, the trial review and decision.
Article 50. The procedure for questioning at the trial.
1-the Board of review must determine the full details of the case by listening to presented by the plaintiff, the defendant, who has the rights, obligation, representation of litigants, the representatives of civil society organizations to sue for the common good, the Prosecutor in the case of Procuratorate prosecute the case , the witness, the examiner; review the physical evidence.

2-when the questioning. The Board of review to ask beforehand and then to the Procurator, who defend the rights of litigants. The participants in proceedings have the right to propose to the Board of review the issues that need to be asked more.
Article 51. Argument at the trial.
1-after the trial ended the questioning, the litigants, the representative of the litigants, who defend the rights of litigants, the representative social organizations to sue about the common good presents his comments about the reviews of evidence, recommendations toward resolving. Debate participants have the right to respond to the comments of others, but only spoke once with respect to each of the comments that I don't agree. If deemed necessary, the trial for further remarks. Then the Prosecutor presented comments on the direction of the case.
2-If the debate that saw the need to consider additional evidence, the trial may decide to consider the question again and argue back.
Article 52. Suspension, suspension of the resolution of the case; recognized the agreement of litigants at trial.
1-If at the trial that the petitioner withdrew the petition, the Prosecutor withdrew the decision to prosecute the case in the absence of the plaintiff or the plaintiff is not required to continue the case, litigants are agreements with each other about the case, the trial decision suspending case or recognition of that agreement.
2-the trial temporarily suspended the case according to the provisions of article 45 or the suspension of the case prescribed in clause 1, 3, 4 Article 46 of this Ordinance.
Article 53. Deliberation.
1-The decision of the Board of review must do the members of the Council discussed and translated by majority. When deliberation to have the minutes record the comments were discussed and decided by the Board of review.
2 – in the judgment of trial presentation content fully the case, details have been proven, the evidence, the legal base which courts rely on to solve the issues in the case, the decision of the Court about the case, the court fee and appeal rights of litigants. With regard to the decisions on alimony, injury compensation, health, paid labour, banned or forced to perform certain acts, the Judicial Council may decide to enforce the right.
Article 54. Remedies for the violation of the order of the trial.
The violation of the order of the trial, custom cases, may be presiding the trial warned, fined, forced to leave the courtroom or arrest.
The people police have a duty to protect the trial and execution of the order by the presiding trial about forced to leave the courtroom or hostage mess orderly trial.
Article 55. Repairs, supplements the judgment or decision.
The verdict, the decision has not been corrected, supplemented, except where there are obvious flaws on the figures because the calculations wrong. People have rights, obligations related to the repair, addition and Procuracy, social organizations to sue for the common good must be informed immediately about the repair, addition.
Article 56. The minutes of the trial.
1-minutes of the trial to reflect clearly the facts of the trial. Presiding the trial examined the minutes of the trial and the same with the clerk of the trial to sign the minutes.
2-after seven days from the pronouncement of the judgment day, the litigants, the representative or the protection of the rights of litigants, the social organizations to sue for the common good was see the minutes of the trial, have the right to request repairs, additions thereon. Preside the trial, the clerk of the trial and who have the required sign verified the repair thing, added. If their requests are not accepted, then they have the right to apply, the text stating their opinion to put on the record of the case.
Article 57. Grant the excerpts, copies of the judgment or the decision of the Court.
1-right after the trial, litigants, civil society organizations to sue for the common good, are court judgments or excerpts of decision about the case. The latest is fifteen days from the date of pronouncement of the judgment, the Court for the verdict, they decided on the case according to their requirements.
2-If the equivalent of the absence in the trial the Court shall immediately send them a quote judgement, decide on the case.
CHAPTER XI APPEALS PROCEDURE Article 58. People have the right to appeal, appeal the verdict, the decision of the Court of first instance.
1-Privy, representatives of social organizations, litigants to sue because the common interest has the right to appeal the verdict, the decision to temporarily suspend or discontinue the resolving of the Court of first instance to ask the Court on an appeal. The appeal must state the reason for your request and appeal.
2-Procurator at the same level or on a level have the right to appeal the verdict, the decision of the Court of first instance.
Article 59. The time limit for appeal or protest.
1-the time limit for appeal is fifteen days from the date of the Court judgement or decision. For litigants, the absence of this period from the date the judgment was delivered to them or listed at the headquarters of people's Committee of the communes, wards and towns where they reside.
2-the time limit for appeal of the Procuratorate at the same level is fifteen days, of the Institute of the superior prosecutor is thirty days from the date of the Court judgement or decision. If the Prosecutor does not participate in the trial, the appeal period calculated from the date the Procuratorate at the same level receive a copy of the judgment or decision.
3-If the appeal or protest overdue that have good reason, the time limit of fifteen days from the date of the obstacles for the appeal or protest.
Article 60. Supplement, modify the content of the appeal, the appeal; withdrawal of the appeal or protest.
Before or during the trial of appeal the appellant has the right to modify the content of the appeal or withdrew the appeal; Procurator has the right to modify the content or withdraw the protest to protest.
Article 61. The notice of appeal, the appeal; the time limit for applying to the Court of appeal.
1-the Court of first instance must announce the appeal to the Procuratorate at the same level, people have rights, obligations relating to the content of the appeal and social organizations to sue for the common good. Procuratorate sent a protest to the people who have rights, obligations relating to the content of the protest, the social organizations to launch the case for the common good.
2-within a period of fifteen days from the date the person has appealed an advance payment of court fees of appeal, the Court of first instance must send the case file to the Court of appeal.
If the appeal is not filed in the appellate court fee cash advance or if only the protest of the Prosecutor, shall within fifteen days from the date of receiving the appeal, the appeal, the Court of first instance must send the case file to the Court of appeal.
Article 62. As a result of the appeal, the appeal.
The judgment or the decision being appealed, the appeal on somewhat, the part that has not been put out, except in cases specified in clause 2 Article 53 of this Ordinance.
When there is an appeal, an appeal for the whole of the judgment then the whole verdict has not yet been given, except in cases specified in clause 2 Article 53 of this Ordinance.
Article 63. The scope of appeals judges.
1-the Court of Appeal reviewed the content of the appeal, protest and other parts of the judgment, the decision is related to the content of the appeal or protest.
2-when the trial, the Court of appeal can use new evidence provided by the litigants or by the courts, the Procurator to collect more. The old evidence and new evidence are to be considered at trial.
Article 64. The time limit for appeal.

1-Court of the appellate judgment of first instance was appealed, the appeal within a period of three months; The Supreme People's Court of appeals within the time limit of four months from the date of receiving the case file.
2-the time limit for appeals the decision of the Court of first instance was appealed, the appeal is one month from the date of receiving the case file.
Article 65. The preparation of appeals judges.
Before the appellate court, has the right to apply provisional measures, reconciliation, themselves or other courts authorised to investigate more, temporary suspension or suspension of the case under the provisions of the chapter VII, VIII, IX of this Ordinance.
If the Procuratorate joined the appellate case file must be transferred to the procuratorate's Court to study within a period of fifteen days.
Article 66. The case the Court of appeal decision without opening the trial.
Appellate Council not to open the trial in the following cases: 1-appeal expires;
2-Review of the appeal, the appeal court fees;
3-appeal, appeal the decision of the Court of first instance.
Article 67. Participants in the appellate trial.
1-Procurator at the same level to participate in the appellate case of Procurator protest. For other cases, the Prosecutor participated in the appellate court, if necessary.
2-Person appeal, social organizations to sue for the common, people have rights, obligations related to the resolution of the appeal, the appeal must be summoned to join the trial.
3-the courts just summon the examiner, witnesses necessary for the resolution of the appeal or protest.
4-If the Prosecutor must attend the trial that absent the trial postponed the trial. If other people have been summoned that absent the trial postponed the trial or proceed to trial as defined in paragraph 2 and paragraph 3 Article 48 of this Ordinance.
Article 68. The appellate procedures.
Appellate in progress similar to the trial at first instance, but before considering the content of the appeal, protest, a member of the Board of review presents the content of the case, the decision of the Court of first instance and the content of the appeal or protest.
Article 69. Powers of the Court of appeal.
The Court of appeal has the right to: 1-hold the judgment at first instance;
2-page judgment of first instance, if the investigation pushed enough, but the Court of first instance resolving not lawful;
3-to cancel the judgment of the first instance to the trial at first instance in the following cases: a) the investigation of the Court of first instance did not sufficiently that the Court of appeal could not be;
b) component of the trial of first instance no proper rules of law or other serious violation of the proceedings;
4-suspension from the settlement cases under the provisions of article 45 or the suspension of the case prescribed in article 46 of this Ordinance.
The appellate judgment is General appeals, effective enforcement.
Article 70. The procedure of appeal decisions of the Court of first instance was appealed, the appeal.
When appeals the decision of the Court of first instance was appealed, the appeal, the Court of appeal not to summon the Privy, except where it is necessary to listen to their opinions before making a decision.
If the Procuratorate at the same level joins appeal decisions of the Court after hearing the opinion of the Prosecutor, custom case, the appellate decision unchanged, edit or cancel the decision of the Court of first instance.
The appellate decision is General appeals, effective enforcement.
CHAPTER XII the PROCEDURE of CASSATION Article 71. Grounds for protest under procedure of Cassation.
1-The verdict, the decision of the Court has in effect been law protest under procedure of Cassation when one of the following bases: a) the investigation is incomplete;
b) conclusion in the judgment, decided not to match the details of the case;
c) there are serious infringement proceedings;
d) there are serious mistakes in the application of the law.
Article 72. People have the right to protest under procedure of Cassation.
1-the following people have the right to protest under procedure of Cassation: a) the Chief Justice of the Supreme People's Court, people's Procuratorate Director Max reports have the right to appeal the verdict, the decision of the courts of all levels;
b) Deputy Chief Justice of the Supreme People's Court, Deputy Director of the Supreme People's Procuracy has the right to appeal the verdict, the decision of the court below;
c) Chief Justice of the provincial court, the Minister provincial prosecutor have the right to appeal the verdict, the decision of the court below.
2-who has protested the verdict, the decision has force of law have the right to temporarily suspend the enforcement of the judgment, that decision.
Article 73. The time limit for appeal; Notice the protest.
1-The protest under procedure of Cassation issued within a period of three years from the date of the judgment, the decision has the effect of law.
The protest in the direction does not cause damage to any litigant shall not be limited in time.
2-a copy of a protest must be sent immediately to the people who have rights, obligations relating to the content of the appeal. The Court must send a copy of the appeal right to the Procuratorate at the same level.
Article 74. The jurisdiction of Cassation.
1-judge Committee of the provincial court of Cassation judgment, the decision has force of law to the District Court;
2-Civil Court of the Supreme People's Court of Cassation judgment, the decision has force of law to the Court of the province;
3-judge Committee of the Supreme People's Court of Cassation judgment, the decision has the effect of law in the Court of the Supreme People's Court;
4-the Council of judges of the Supreme People's Court of Cassation the decision of the judge Committee of the Supreme People's Court.
Article 75. The duration of the trial of Cassation.
The trial of Cassation must be conducted within a period of six months from the date of receiving the appeal.
Article 76. The scope of Cassation; the trial of Cassation.
1-Board of Directors judges can consider the whole case that not only limited in the content of the appeal.
2-the trial of Cassation does not open the public.
3-at the trial, a member of the Board of review presents the content of the case, the content of the appeal. If the Court has summoned the participants in the proceedings, they are expected before the Prosecutor presented comments on the protest. Discussion of trial and judgment, decision.
Article 77. Powers of the Board of review Cassation.
The trial of Cassation have the right: 1-hold the judgment, the decision has force of law;
2-hold the judgment, the right decision of law court under the abandoned or is this page;
3-page judgment, the decision has force of law, if the investigation was complete, but the case is resolved is not lawful;
4-to cancel the verdict, the decision has force of law to the trial of first instance or appeal because the investigation is incomplete or has a serious infringement proceedings in the cases prescribed in paragraph 3 Article 69 of this Ordinance;
5-Cancel judgment, the decision has force of law and the suspension of the case prescribed in article 46 of this Ordinance.
CHAPTER XIII PROCEDURES RETRIAL Article 78. Grounds for protest under procedure of a retrial.
The 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;

2-have identified is the testimony of the witnesses, the conclusion or the word translation of the translator obviously not true or has been tampered with evidence;
3-the judge, jurors, Prosecutor deliberately falsify the case file or intentionally unlawful conclusion;
4-A criminal, civil or decision of the Agency, held that the Court had relied on to resolving wildlife destroyed.
Article 79. The time limit for appeal; Notice the protest.
1-the deadline to protest under procedure of a retrial is one year from the date of detection are the provisions of this Ordinance 78 Sculptures.
The protest in the direction does not cause damage to any litigant would not be limited in time.
2-a copy of a protest must be sent immediately to the people who have rights, obligations relating to the content of the appeal. The Court must send a copy of the appeal right to the Procuratorate at the same level.
Article 80. People have the right to protest under procedure of a retrial.
The following people have the right to protest under retrial procedure: a) the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy has the right to appeal the verdict, the decision has force of law the courts of all levels;
b) Chief Justice of the provincial court, the Minister provincial prosecutor have the right to appeal the verdict, the decision has force of law to the District Court.
Article 81. The jurisdiction of retrial, the time limit for hearing a retrial.
The provisions in articles 74, 75, 76 of this Ordinance also apply to the trial of the retrial.
Article 82. Powers of the Board of review a retrial.
The trial of a retrial has the right to: 1-hold the judgment, the decision has force of law;
2-Cancel judgment, the decision has force of law to the trial of first instance under the General procedure;
3-to cancel the verdict, the decision has force of law and the suspension of the case prescribed in article 46 of this Ordinance.
CHAPTER XIV the RESOLUTION of the CASE INVOLVING the FOREIGN Article 83. The rights of foreigners, foreign legal personality of civil litigation.
Foreigners, foreign legal entities have the right to sue in the courts of the Republic of Vietnam and Socialist involved in proceedings under the provisions of this Ordinance.
Article 84. Civil cases are related to a foreign State or persons enjoying diplomatic status.
Civil cases are related to a foreign State or persons enjoying diplomatic status to be resolved by the diplomatic path, unless the foreign State or who are entitled to diplomatic rules agreed to participate in the proceedings in the courts of Vietnam.
Article 85. The justice mandate between the courts of Vietnam with foreign courts.
1-The judicial mandate between the courts of Vietnam with foreign courts are made according to the principle of equal and mutual benefit.
2-Vietnam courts implement judicial mandate of foreign courts, if the request cannot be contrary to the sovereignty and not infringe national security of Vietnam Socialist Republic.
Article 86. Enforcement of the rules of civil procedure in the international treaties on judicial assistance and legal.
For these things are relevant to the citizens, legal person of the country the Socialist Republic of Vietnam has signed international treaties about legal and judicial civil proceedings shall be conducted according to the provisions of the Convention.
CHAPTER XV FINAL PROVISIONS Article 87.
This Ordinance has effect from January 1, 1990.
The previous provisions contrary to this Ordinance are repealed.
Article 88.
The Supreme People's Court, the Supreme People's Procuratorate in the scope of his functions guiding the implementation of this Ordinance.
Hanoi, November 1989