CONFERENCE SITE on guiding the implementation of the provisions of the second part "the procedure of the case in the Court of first instance" of the civil procedure code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT organizational Law base of the people's courts;
To the correct and uniform enforcement of the provisions of the second part "the procedure of the case in the Court of first instance" of the code of civil procedure (hereinafter abbreviated as CPC);
After the comments of Minister Supreme People's Prosecutor and the Minister of Justice.
PARLIAMENT I. CHAPTER XII "The PETITIONER And The CASE" Of The CPC 1. About 161 of the CPC When it deems necessary to sue the case at the court competent to request the protection of the rights, legitimate interests of themselves, the individuals, agencies, organizations must make the petition as prescribed in clause 2 Article 164 of the CPC and the need to distinguish as follows: 1.1. For individuals with full capacity for civil litigation behavior, you can do it yourself or ask for other people as households petition case. In the item name, address of the petitioner in the application to record the name, the address of that individual. At the same time in the last part, that individual must sign or point only.
1.2. With respect to the individual who is from fifteen years old enough to not yet eighteen years enough to not lose the capacity for civil acts, not limited capacity for civil acts have joined labour under employment contract or civil transactions by its own property, you can do it yourself or ask for other people as households petition case on dispute related to employment contract or civil transactions. In the item name, address of the petitioner in the application to record the name, the address of that individual. At the same time in the last part, that individual must sign or point only.
1.3. for the individual is a minor (unless the instructions in subsection 1.2 of this section 1), who lost the capacity for civil acts, persons with limited capacity for civil acts, their legal representative (legal representative) may themselves or thanks to other people as households petition case. In the item name, address of the petitioner in the application to record the name, address of the legal representative of that individual. At the same time in the last part, the legal representative must sign or point only.
1.4. for the Agency, organization, the legal representative of the agency or organization that can do it yourself or ask for other people as households petition case. In the item name, address of the petitioner must establish the Agency's name, address, and organization name, the position of the legal representative of the Agency, that organization. At the same time in the last part, the legal representative of the agency or organization must sign and seal of the Agency, that organization.
1.5. When found eligible to case, then identifying as plaintiffs in the case are as follows: a) for cases to be directed in subsection 1.1 and 1.2 of this section 1 subsection, the plaintiff in the case is the petitioner;
b) for cases to be directed in subsection 1.3 category 1, then the plaintiff is a minor, who lost the capacity for civil acts, persons with limited capacity for civil acts. Do these people not have the capacity for civil acts, should their legal representative made a right, obligation of the plaintiff's litigation in the courts;
c) for the Agency, the Organization was guided in subsection 1 of this section 1.4, the bodies, the organization claims is the plaintiff in the case. Legal representative or authorized to participate in the proceeding, make the right and obligation of the Agency's proceedings, held that the plaintiff's.
2. About CPC's 162 2.1. The Agency, the Organization has the right to sue the civil case to ask the courts to protect the public interest, the interests of the State as defined in paragraph 3 to article 162 of the CPC when the following conditions: a) Agency, the organization that has the mission, powers in implementing State management functions , the social management of a certain field;
b) public interests, the interests of the State should require the Court of protection must be in the field by the Agency, the Organization in charge.
Example 1: resource and environmental agencies have the right to sue the civil case to ask the Court to compel individuals and agencies, organized acts that cause environmental pollution, damages to resolve public environmental polluters.
Example 2: authority of culture – information have the right to sue the civil case to ask the Court to compel individuals, agencies, organizations have infringement owned heritage the entire population must compensate the damages caused by the infringement.
2.2. When it deems qualified to the case by the Agency, the organization claims as defined in article 162 of the CPC, then identifying as plaintiffs in the case are as follows: a) for cases of Agency population-family and children, the women's Union to sue case on marriage and the family, the plaintiff is : a. 1) Who are the Agency about the population-family and children, the women's Union to sue the case to ask the Court to force the involuntary service in alimony must fulfill that obligation as stipulated in paragraph 3 Article 55 of law on marriage and the family;
a. 2) children is the Agency on population-family and children, the women's Union to sue the case required the Court to determine the father, the mother for the juvenile, the juvenile had lost the capacity for civil acts prescribed in paragraph 3 Article 66 of law on marriage and the family;
a. 3) parents are the Agency about the population-family and children, the women's Union to sue the case required the Court to determine the for fathers and mothers lost the capacity for civil acts prescribed in paragraph 3 Article 66 of law on marriage and the family.
b) for cases of Union-level on the basis of the Union's launch on labor dispute in order to protect the legitimate rights and interests of workers, then the plaintiff's employees have rights, legitimate interests are protected;
c) for the Agency, the organization claims the case asking the Court to protect the public interest, the interests of the State, the plaintiff was the organ of the Organization, initiated the case.
3. About CPC's 163 Was deemed "more relevant legal relations with each other" to resolve in the same case when in one of the following cases: a) the resolution of this legal relationship requires the same time resolve other legal relations;
For example, A petitioner asked the Court to compel B must return the land use rights. At the same time A petitioner asked the Court to force C to scrap works that C has built on that land.
b) the resolution of the legal relations of the same litigants and about the same type of disputes specified in a corresponding law in one of the articles 25, 27, 29 and 31 of the CPC.
For example, A petitioner asked the Court to compel B paying 100 million. At the same time A longer petitioner request the courts forced the B must return the car that's A rental by B have expiry of lease.
4. Article 164 of the CPC to secure the jobs of the petition properly and uniformly, courts require the petitioner make petition according to the form and content required according to the manual form petition is attached to this resolution. The courts are listed at Headquarters the court petition form and instructions for using the form of the petition.
5. About 165 of the CPC

In principle when submitting the petition to the Court, the petitioner must submit documentary evidence to prove they have the right to sue and their claim is legitimate and well-grounded. However in the case of objective reasons, they could not pay the full documents, evidence, then they must submit the original documents and evidence prove the petitioner is based. The document, other evidence the petitioner to supplement or supplements according to the requirements of the Tribunal in the course of the case.
Example 1: sending the petition to the Court requesting divorce (legal marriage registration), custody, Division of property, then in principle the petitioner must submit a complete document, evidence of marital relations, the son, the couple's joint assets; If they have not already can send the full documentation, this evidence, along with the petition they must send a copy of the marriage certificate, a copy of the child's birth certificate (if there is a dispute about parenting).
Example 2: when sending the petition to the Court requesting contract dispute resolution, the petitioner must submit a copy of the contract dispute, invoice payment, receiving the property, liquidate thereon ...; If they are not yet able to send sufficient documentation and evidence, along with the petition they must send a copy of the contract.
6. About CPC's 167 6.1. The Court must have receipt book to record the receipt date of the litigants made on determining sue.
6.2. The Court made the procedure of accepting of the petitioner as follows: a) the case of the petitioner to apply directly in the courts as stipulated in art. Article 166 of the CPC, the Court shall record the date, month and year the petitioner filed an application on the receipt book. On Sue is determined to be the date of filing.
b) cases of litigants filing to the Court by post under the provisions of point b paragraph 1 to article 166 of the CPC, the Court shall record the date, month and year of receipt by the post office moved to the receipt and the date, month, year litigants filing by day, month, year postmark where sent. The envelope postmarked to attached petition. On petitioner is identified as postmarked date where posted. The case did not identify the day, month and year according to the postmark on the envelope, the Court must note in the Windows menu is getting "failed to determine the date, month and year according to the postmark". In this case the petitioner is identified on the Court is received by the post office moved to.
c) courts must remember (or stamped receipt record) date in accepting into the upper left corner of the petition.
d) forwarding of evidence filed by litigants or submit the petition be made according to the instructions in Section III of resolution No. 04/2005/hdtp on 17-10-2005 of the Council of judges of the Supreme People's Court passed a number of regulations of the CPC of "proof and evidence".
DD) after receiving the petition, the Court must receive notice granting the petition for the petitioner; If the Court accepted the petition submitted by post, the Court sent the paper reported receiving the petition to inform the petitioner said.
6.3. Right after receiving the petition, the person assigning the review petition is made as follows: a) for district courts, County, town, city in the province (hereinafter referred to as the Court of the district), the Chief Justice or the Associate Chief Justice was Chief Justice assigned credentials for a judge to consider the petition;
b) for provincial people's courts, the central cities (hereafter referred to as the Court of the province), the Chief Justice or the Associate Chief Justice was Chief Justice Chief Justice Court, credential or Associate Chief Justice the Court are Chief Justice authorized assignment for a judge to consider the petition.
6.4. within five working days from the date of receiving the petition, the judge was assigned to consider the petition must have one of the following decisions: a) the procedure of the case, if the case in his jurisdiction under the provisions of article 171 of the CPC and the guidance in section 9 of part I of this resolution;
b) Moved the petition to the Court of competent jurisdiction and notified in writing to the petitioner said. The procedure to transfer the petition be made according to the provisions of article 37 of the CPC and the guidance in section 6 of part I of resolution No. 12/2005/hdtp on 31-3-2005 of the Council of judges of the Supreme People's Court passed a number of regulations in the first section "General provisions" of the CPC;
c) return the petition to the petitioner, if in one of the cases specified in article 168 of the CPC and the guidance in section 7.1 subsection 7 of part I of this resolution and report in writing to the petitioner said.
7. About CPC's 168 7.1. To determine the time expired or not, the Court must be based on the provisions of the law on time for that particular legal relationship. The case law does not prescribe time, then the determination of time are based on the provisions of article 159 of the CPC and the guidance in section 2 of part IV of resolution No. 12/2005/hdtp on 31-3-2005 of the Council of judges of the Supreme People's Court passed a number of regulations in the first section "General provisions" of the CPC.
7.2. The petitioner does not have the right to sue is the person who does not belong to one of the provisions in Articles 161 and 162 of the CPC and the guidance in section 1 and section 2 of part I of this resolution.
7.3. Not yet eligible to sue is the case of the litigants have the agreement or law has provisions on the conditions for petitioner (including the provisions on the form and content of the lawsuit), but litigants have to sue when missing one of the conditions there.
7.4. The case not in the jurisdiction of the Court is the case does not belong to one of the disputed provisions in articles 25, 27, 29 and 31 of the CPC.
7.5. The return of the petition must be notified in writing to the Court for the petitioner to know; which should specify the reason for returning the petition in the case prescribed in clause 1 Article 168 of the CPC. This message can be delivered in person or mailed to the petitioner by mail. The delivery of this notice or gotta have the shared track.
8. About 169 of the CPC 8.1. Upon receipt of the petition or after receiving the petition, found the petition does not have enough content to the provisions in clause 2 Article 164 of the CPC, according to the revised requirements, additional petition that the Court require the petitioner to amend, supplement the petition within a time limit fixed by the Court , but not more than thirty days from the date the petitioner received the text of the Court of requests, additional petition. In special cases, the Court can extend more, but not more than fifteen days from the date of the end of the time limit fixed by the Court.
8.2. the revised requirements, additional petition must be made in writing, which must specify the issues need additional amendments for the petitioner to know they made. This text can be delivered in person or mailed to the petitioner by mail. The delivery or send to have the shared track.
8.3. the duration of the amendment and supplement of the petition is not counted on time. On Sue's still to be determined is the date of submission of the petition, if petitioner filed directly in court or postmarked on the sender, if the petition is submitted by post.

8.4. after the petitioner has modified and supplemented the petition at the request of the Court, the Court continued the case according to the common procedure provided for in Article 171 of the CPC. If the expiry by the Court determined that the petitioner did not amend, Supplement at the request of the Court, the Court pursuant to clause 2 Article 169 of the CPC paid back the petition and attached documents and evidence for them.
8.5. in case the petition does not record the full specific or improperly record the name, address of the person being sued; name, address of the person who has the rights, obligations, the Court asked the petitioner full and correct name and address of the person being sued, people have rights, obligations are concerned. If the petitioner is not done, the Court pursuant to clause 2 Article 169 of the CPC paid back the petition and attached documents and evidence for them that was not the case. The court case to then decide to temporarily suspend the case with the reason "not to find the address of the defendant" is not true of the CPC regulation, because this is not one of those cases the courts decision to temporarily suspend the case stipulated in article 189 of the CPC. The Court also was not himself conduct the search notice who sued, because it is the obligation of the litigants.
8.6. For cases in the petition the petitioner has full and correct address of the person being sued, there's benefits, related obligations but they do not have a stable residence, often change residence without notice of the new address for the petitioner , for the Court, the purpose of the address mark, evade obligations with regard to the petitioner, shall be considered cases of people being sued, people have rights, obligations related to the address marker. The courts proceed with accepting the case according to the General procedure.
8.7. If the petitioner does not know or is not the correct address of the record being sued, people have rights, obligations related to the record in of the petition, then they have to make the announcements search news, the address of the person being sued, people have rights, obligations are concerned.
9. About CPC's 171 9.1. In the case of the petitioner is not an advance payment of court fees within a period of fifteen days as specified in paragraph 2 to article 171 of the CPC because of objective obstacles, as specified in paragraph 1 to article 161 of the civil code in 2005, time has obstacles of that objective does not count on the time limit for an advance payment of court fees.
9.2. The Court must assign to the petitioner within seven days after the expiry of fifteen days from the date of the notice of the Court paper regarding an advance payment of court fees, the petitioner must submit to the courts receipt of an advance payment of court fees. Most of this period the petitioner filed new Court receipts for an advance payment of court fees, resolve as follows: a) the case has not yet returned the petition, the judge conducting the case;
b) case returned the petition that the petitioner can prove that they have an advance payment of court fees on time, but because of objective obstacles should they submit the receipt of an advance payment of court fees for the courts not on time, then the judge asked them to resubmit the petition , documents, evidence and the conduct of the case under the General procedure.
c) case after the Court returned the petition the petitioner filed the new advance payment of court fees and submit the receipt of an advance payment of court fees for the courts, if not because of objective obstacles, then considered the submission of the petition. The Court continued the case, if there is time. In the case of running out of time, the Court returned the petition for them according to the provisions of art. 1 of CPC and guidance 168 Articles in subsection 7.1 section 7 of part I of this resolution.
9.3. Expiry of instructions in subsection 9.2 item 9 that the petitioner did not submit to the Court a receipt an advance payment of court fees, the Court shall inform them about not accepting the case for the reason that they are not an advance payment of court fees.
10. About CPC's 172 10.1. The Chief Justice of the District Court may order or delegated to a Deputy Sheriff assigned to the judge of the case.
Chief Justice of the provincial court may be delegated to a Deputy Chief Justice or the Chief court authorization or Associate Chief Justice Court judge assigned to the case.
10.2. When assigned to the judge of the case, the need to continue the assignment judge has made consideration of the petition and the case. The assignment is not a decision.
10.3. for complex cases, the settlement may have lasted, what the assignment more judges attend physically to ensure ongoing trial.
11. About 176 of CPC 11.1. Considered the request response factors of the defendant with respect to the plaintiff, if the request is not the same, independent of the requirement that the plaintiff asked the Court to resolve. Case the defendant has asked about the plaintiff's requirements (such as asking the Court not to accept the request of the plaintiff or accept only in part the plaintiff's request), then this is the opinion of the defendant against the plaintiff's request.
Example 1: A plaintiff has a petition asking the defendant B to pay back rent owed by 2005 is 5 million. The defendant B require plaintiffs to pay A claim for themselves the money to repair damaged homes and land use tax money that the defendant had filed in lieu of the plaintiff is 3 million. In this case the request of defendant B was considered to require response elements for A single plaintiff. Example 2: plaintiff C have the petition asked the Court to recognize the ownership for a car and forced the defendant D returned for her car. The defendant D has asked the Court not to recognize this car owned by C or recognize this car is owned jointly by C and D. This case requested by the defendant D not considered required response elements for the plaintiffs c. 11.2. Response required the Prosecutor to offset obligation with the request of the plaintiff's case the defendant has the obligation towards the plaintiff and the plaintiff also has the obligation towards the defendant; Therefore, the defendant requested the Court resolved to offset obligations that they have undertaken at the request of the plaintiff.
For example, see example 1 subsection 11.1 this section 11.
11.3. Request the response factor of the defendant led to the exclusion of the acceptance of a part or the entire requirement of the plaintiff's case the defendant has asked for again prime the plaintiff side and if the request is accepted, then the exclusion of accepting a part or the whole of the plaintiff's request because there is no base.
For example, A has the private-owned cars were sold to C, but with (B) is for rent each month 5 million. Then A dead, B Sue asked C to payment of rent of the car in the past year is 60 million. C request response factor requires the Court to recognize vehicle ownership dispute. If the Court accepts the request side of C then leads to not accept the entire requirements of demanding payment of C B car rental.
11.4. The relation between response elements required of the defendant and the plaintiff's request is the second case this request have relationships with each other and if resolved in the same case, then make the case to be accurately and quickly.
For example the M's sister Sue asked him N have to subsidize (P) 300 thousand Dong a month. He had opposed the request N elements requires the Court to determine (P) is not your son.
12. About CPC's 178

12.1. procedures required reflecting factors or independent requirements are implemented as procedures for claims of the plaintiffs the provisions in articles 164, 165, 166, 167, 168, 169 and 170 of the CPC and the guidance in the items 4, 5, 6, 7 and 8 of part I of this resolution.
12.2. In the event the courts received about the request of the defendant or Prosecutor opposed the request of people who have rights, obligations related to settlement in the same case, the date of the case for the calculation of the time limit for pretrial preparation of the case which is defined as follows : a) the case of the defendant or person having an interest, related obligations are exempt or are not an advance payment of court fees, court fees, then the day the case is on the courts received about the request of the defendant or Prosecutor opposed the request of the person who has the rights, obligations and other related documents , and evidence.
b) where the defendant or person having an interest, the obligation relating to an advance payment of court fees, then the day the case is on the defendant or person having an interest in the relevant obligations, submitted to the Court a receipt an advance payment of court fees.
For example, on 15 March 2006 the court case by the petition of the plaintiff the Court a. notification of the case for the defendant B said. After receiving the notice, on March 31, 2006, defendant B petition response factors for plaintiffs courts a. procedure review petition responses. On April 15, 2006, defendant B submitted to the courts receipt of an advance payment of court fees. In this case, the date the court case be reassessed is April 15, 2006. In the case of defendant B was not an advance payment of court fees, then the day of the case are determined as of March 31, 2006.
c) where there are many defendants have requested response elements or many people have for the rights, the relevant obligations require independent, then on the case are defined as follows: c. 1) is on the Court received the request of the Prosecutor or reflection of the last independent requirements If they are in the case of exempt or not an advance payment of court fees, court fees;
c. 2) is on the person who filed the last for the courts receipt of an advance payment of court fees, if they are in the case of an advance payment of court fees.
II. ABOUT CHAPTER XIII "RECONCILIATION And PREPARING For TRIAL" Of The CPC 1. About 179 of 179 Articles of CPC CPC regulations on the time limit for pretrial preparation; Therefore, the time limit stipulated in this Article are all charged in the time limit for pretrial preparation. Depending on the specific case of the time limit for pretrial preparation is calculated as following: 1.1. The case has decided to bring the case to trial.
a) If not extend the time limit for pretrial preparation, the time limit for pretrial preparation since the court case a maximum of:-Four months for the cases specified in article 25 and article 27 of the CPC;
-Two months for the case to the provisions of article 29 and article 31 of the CPC.
b) If to extend the time limit for pretrial preparation, the time limit for pretrial preparation since the court case a maximum of:-Six months for cases specified in article 25 and article 27 of the CPC;
-Three months for the case to the provisions of article 29 and article 31 of the CPC.
c) In the case of instructions at points a and b of subsection 1.1. 1. that the trial was not open in the time limit of one month from the date of a decision bringing the case to trial because of that reason, the time limit for pretrial preparation for each case plus the maximum is one month.
1.2. The case has decided to temporarily suspend the case.
In the case of a decision to temporarily suspend resolve civil cases, the time limit for pretrial preparation ended on a decision to temporarily suspend. The time limit for pretrial preparation be started again, since the courts continue to solve the case as the reason for suspension no longer exist.
1.3. About the extension of the time limit for pretrial preparation.
For the case or due to the complex nature of objective obstacles specified in point a and point b paragraph 1 to article 179 of the CPC that the time limit for most of (the time limit for pretrial preparation rest no more than 5 days) that the judge assigned the case found that the case should not be up complex was one of the decisions specified in paragraph 2 to article 179 of the CPC, the need to report immediately to the Chief Justice of the Court to make a decision to extend the time limit for pretrial preparation. The extension of the time limit for pretrial preparation not be too time limit provided for in the last paragraph of the CPC and 179 Article paragraph 1 instructions at point b subsection 1.1 section 1 of part II of this resolution. The expiry was renewed, the judge assigned the case to one of the decisions specified in paragraph 2 to article 179 of the CPC.
a) "The complex nature of the case" is the case-there are many litigants, are related to many areas; the case has many documents, have contradicted evidence needed more time to study the documentation in the case file or the consultation of the professional body or need complex technical inspection; the case where the Privy is that foreigners are in foreign countries or Vietnam people are residing, studying, working abroad, overseas property should have judicial mandate period for the Agency, Vietnam's diplomacy abroad, for the foreign court. However, for cases have to wait for the opinion of the specialized agencies, the need to wait for the results of complex assessment or the need to wait for the results of the judicial mandate that expired time limit for pretrial preparation (including grace period), then the judge pursuant to paragraph 4 to article 189 of the CPC decision to temporarily suspend the case.
b) "objective obstacles" are the obstacles due to objective circumstances impact such as: natural disasters, pest, the needs of combat, combat service ... make the courts can't solve the case within the prescribed time limit.
For example, the X district people's Court, the H in the mountains had decided to bring the case to trial in which fixed the date of opening of the trial. However, two more days is conducting open trial, then the flash floods occurred. The headquarters of the people's courts at the district X is damaged. Due to recovery of flash floods, repaired the headquarters, should courts district X may not proceed to trial within the time limit prescribed.
c) "good cause" as defined in paragraph 3 to article 179 of the CPC is understood as the events happened objectively unforeseen, such as the need to change, the assignment back to the person conducting the proceedings named in the decision to bring the case to trial that authorities have yet to send other people to replace; the case has complicated properties have been on trial many times in many different, courts should not have enough judges to conduct the trial of the case it had to transfer the case to superior court for trial or to wait for the judges seconded from other courts to ... should hinder the court conducting the trial in the prescribed time limit.
2. About CPC's 181 2.1. "State property" was understood as the assets in the form of State ownership regulations in article 200 of the civil code in 2005 and adjusted according to the provisions of section 1 of chapter XIII of the civil code in 2005.
"Requesting compensation for damages to the property of the State" is the State's property losses due to unlawful behavior, since the contract invalid, due to violation of civil obligations ... cause and who delivered owner for State assets that require compensation.
When enforcing the provisions in clause 1 Article 181 of the CPC needs to distinguish:

a) case of State property was entrusted to the Agency, organization, armed units manage, use or invest in State enterprises conducted by the State ownership through the competent bodies, the request compensation for damage to this property types Courts, not reconciliation to the litigant parties deal with each other about the case.
b) where the property of the State are the State's investment in State enterprises, which is in the business of venture capital investments of the other owners in accordance with the corporate law, foreign investment law in Vietnam that business was the autonomy to possess, use or dispose of the property and is responsible for State property in production, business activity, the request compensation for damage to property, the Court reconcile to the litigant parties deal with each other about the case under the General procedure.
2.2. The Court not be reconciliation torts arising from unlawful transactions (transactions violated the prohibition of the law) or immoral society, if the conciliation aims to continue doing parties in such transactions. The case of the only party dispute about resolving the consequences of the transaction null and void due to unlawful or immoral society, the Court still must reconcile to the litigants agreed with each other about resolving the consequences of the invalidity of transactions.
3. Regarding paragraph 1 to article 182 of the CPC in the case the defendant has been duly summoned to court a second time and still deliberately absent, the Court established the minutes about not reconcile because the defendant is absent and the decision to take the case to trial under the General procedure. In the case at the trial the defendant has asked the Court to postpone the trial to reconcile, the Court did not accept, but the need to create conditions for the parties to the agreement to each other about the case.
4. Regarding paragraph 3 to article 184 of the CPC.
The Court must summon all the people related to the case to attend mediation sessions.
If the mediation case related to all litigants in the case that there is absence of the litigants, the judge must postpone the session to reopen reconciliation reconciliation session available to all litigants.
If in many cases the law that this legal relationship related to litigants, the other legal relations related to other litigants and the settlement of legal relations involving only the litigants are present is not related to the absence of the litigants, judges reconcile those issues relevant to the litigants.
5. About 185 of the CPC.
5.1. The courts consider the specific requirements of the litigants in the case must resolve to reconcile each request according to the logical order.
For example, In the case of divorce, including custody disputes, Division of property, the courts need to reconcile the marriage relations before, if reconciliation fails, the reunion continue to reconcile the parenting and then reconcile the divided property.
5.2. When reconcile, in addition to complying with the principles prescribed in article 184 of the CPC, according to the relations judge laws common for litigants to know the rules of law are relevant to the resolution of the case to the parties involved in rights, obligations that voluntary agreements with each other regarding the resolution of the case; analysis of the legal consequences of conciliation for the litigants to know (such as the relationship between the litigants, the bear court fees ...). Judge not been said before with litigants who wrong, who's right in place or if the litigants do not settle, the trial court's directions as to how ...
6. About CPC's 186 6.1. The clerk of courts record reconciliation has the full content of the provisions in clause 1, are full of the signatures or the point of only those specified in paragraph 2 to article 186 of the CPC and the correct record reconciliation form attached to this resolution.
6.2. When the litigants agreed with each other on the issue to resolve in the case, the judge or the clerk of courts set up a reconciliation. The minutes of the conciliation must write content specific agreement by the litigants in the correct sample minutes of settlement became attached to this resolution.
Presiding judge reconciliation signed and stamped with the seal of the court thereon. The litigants to participate must sign the reconciliation session or just into the co-mediators thereon. The minutes of the conciliation shall be sent immediately to the litigants involved reconciliation.
With regard to the absence of the litigants that the reconciliation in the case provided for in paragraph 3 to article 184 of the CPC, the Court must immediately send the minutes of the conciliation for the litigants are absent.
6.3. in the report on the reconciliation the need to record: "within seven days from the date of establishment of conciliation proceedings if litigants would have to change my opinion about the agreement, it must make the documents submitted to the Court". In the case of direct litigants to court to change the agreement, then the judge must set the record comments change to their agreement. The minutes must be signed or only point of litigants and save in the case file. Changing comments on the agreement must be notified to the Court other litigants are related to that agreement.
7. About 187 of CPC 7.1. The expiry of seven days from the date of establishment of conciliation proceedings into which no litigant would change my opinion about the agreement, the general principle of presiding judge conciliation decision recognized the agreement of the litigants. If because of objective obstacles that judges do not decide, then Chief Justice of the court assigned a judge to another decision recognized the agreement of the litigants.
7.2. Judges decision merely recognized the agreement of the litigants, if the litigants agreed with each other about the resolution of the entire case (legal relations, the request of the litigants in the case) and both in court fees. In the case of the litigants agreed with each other about the resolution of the entire case but does not deal with each other on the responsibilities incurred court fees or the level of court fees, the Court did not recognize the agreement of the litigants that the trial proceed to trial of the case.
7.3. In case the agreement was only privy to each other about solving part of the case, while the other part not been agreement, the Court shall record the issues that litigants are agreements and issues not agreed was on the minutes of settlement under the provisions of paragraph 1 to article 186 of the CPC and the decision to take the case to trial unless there are grounds for suspension or suspension of the resolution of the case.
8. About CPC's 189 8.1. The judge temporarily suspended a decision to settle civil case that regardless of whether or not requested by litigants when in one of the cases specified in article 189 of the CPC.
8.2. "the case of the Agency, the organisation has merged, split, split that has not had the authority, the Organization inherited the rights and obligations of the Agency proceedings, held that" the case already decided by the Agency, the competent organizations of the merger, split, split the Agency, that organization, but the Agency the new organization, not yet established or already established but not yet have adequate conditions to operate under the provisions of the law with respect to the type of Agency, that organization.

"The case of the Agency, the Organization had dissolved but not yet have authority, the Organization inherited the rights and obligations of the Agency proceedings, held that" the case has not yet identified the bodies, institutions, individuals inherit rights, obligations to the proceedings prescribed in points a and b of paragraph 2 paragraph 3, Article 62 of the CPC.
8.3. "representative of" prescribed in paragraph 3 to article 189 of the CPC comprises legal representatives and authorized representative. The legal representative of the litigants is determined according to the provisions of the civil code in 2005 and instructions in section 6 Section III of resolution No. 12/2005/hdtp on 31-3-2005 of the Council of judges of the Supreme People's Court passed a number of regulations in the first section "General provisions" of the CPC in 2004.
8.4. "other cases prescribed by law" as defined in clause 5 Article 189 of the CPC is the base case to the Court of the decision to temporarily suspend solve civil cases in which this rule but was not CPC defined in the legal text or after CPC has new enforceable regulated in the text legal was released then or in the international treaties to which the Socialist Republic of Vietnam is a member.
9. Regarding paragraph 3 to article 190 of the CPC 9.1. When the decision to temporarily suspend solve civil cases being appealed, the appeal under the procedure of appeal and the appeal, the protest is valid, then the Court of first instance must send the case file, appeal, appeal to the Court of appeal under the provisions of article 255 of the CPC.
9.2. In the event of the expiry of the appeal, the appeal had new complaints, make recommendations with respect to the decision to temporarily suspend resolve civil cases, the need to distinguish as follows: a) the case of the Court of first instance considers the decision to temporarily suspend the case is not true, then continue to solve the case is temporarily suspended due to a suspension.
b) where the Court of first instance considers the decision to temporarily suspend the case is correct and remains the same, then the complaint, petition against the decision to temporarily suspend solve civil cases must be reviewed under the procedure of Cassation.
10. On point c and point h paragraph 1 to article 192 of the CPC 10.1. When petitioner withdrew the petition, the Court needs to consider in the case opposed the request of the defendant or the request of the person who has the rights, obligations or not relevant to the decision as follows: a) in case no response required elements and requires independent , the Court accepted the petitioner withdrew the petition and pursuant to point c paragraph 1 to article 192 of the CPC decision settling civil cases.
b) in the case of reaction required of the defendant and the requirement of independence people have for the rights, obligations, then customize the case that resolved the following: b. 1) where the petitioner withdrew the petition, the defendant still keep up with demand side factors, people have rights, the relevant obligations remains his independence requirements , the Court decision settling civil cases with regard to the request of the petitioner withdrew;
b. 2) where the petitioner withdrew the petition, the defendant withdrew the entire request response elements, but people have rights, obligations associated remains independent of his request, the Court decision settling civil cases against the petitioner's request and response elements required of the defendant withdrew;
b. 3) where the petitioner withdrew the petition, people have rights, obligations relating to withdraw the entire independent inquiries, but the defendant remains the request reflected his prosecution, the Court decision settling civil cases with regard to the request of the petitioner and the requirement of independence has the relevant obligations, withdrew.
c) after a decision to suspend the case for requests of litigants withdrew guidance at point b subsection 10 of this section 10.1, the Court continued the case under the General procedure for the request of the defendant or Prosecutor opposed the request of the person who has the rights the related obligation, and based on each specific case to redefine the status of the proceedings of the Privy in accordance with the provisions of article 219 of the CPC and the guidance in section 7 part III of this resolution.
d) in the case of the petitioner withdrew the entire request to sue, the defendant withdrew the entire request response factor, people have rights, obligations relating to withdraw the entire independent requirements, the Court decides to suspend the entire resolution of the case.
10.2. "other cases prescribed by law" as defined in point h paragraph 1 to article 192 of the CPC is the case as bases for the Court decision settling civil cases in which this rule but was not CPC defined in the legal text or after CPC has new enforceable regulated in written a legal issue then or in the international treaties to which the Socialist Republic of Vietnam is a member.
11. paragraph 1 Of Article 193 of the CPC in the case had decided to suspend the case, then the need to distinguish as follows: 11.1. The case decided to suspend resolving civil provisions in the points a, b, d and DD clause 1 Article 192 of the CPC, the litigants have no right asking the courts resolve civil case that, if the claims of the case after other case nothing before about the plaintiff , defendants and legal relations dispute.
11.2. in case the decision settling civil cases specified in point c and point e clause 1 Article 192 of the CPC, the litigants have the right to sue the injunction again resolved civil cases under the General procedure, if time the case according to the provisions of article 159 of the CPC still Although the lawsuits after nothing else before the case of plaintiffs, defendants and legal relations dispute.
11.3. where the decision to suspend the case provided for in point g clause 1 Article 192 of the CPC and item 2 Article 77 of the law of bankruptcy, if then the Court decides to suspend the recovery procedure operations return the case file to the competent court, the Court continued the case according to the General procedure.
12. About 195 CPC of 12.1. The decision to bring the case to trial to have enough content to the provisions in clause 1 Article 195 of the CPC and in accordance with the model decision attached to this resolution.
12.2. In order not to delay the trial and ensure proper regulation of CPC in case jurors are people assigned to trial did not continue to attend the trial after having decided to take the case to trial, then simultaneously with the assigned official people's assessors , need assigned assessors attended and together they name jurors attended cons on the decision to take the case to trial.
12.3. The decision to take the case to trial must be submitted for the litigants, the Procuratorate at the same level as soon as the Court decision, regardless of the case which the Procuratorate at the same level have participated in the trial or not.
In case the Procuratorate at the same level participated in the trial, the Court sent the case file, together with the decision to put the civil case on trial according to the instructions in section 2 of part I the first circular No. 03/2004/TTLT-TANDTC-VKSNDTC on 01-10-2005 of the Supreme People's Procuratorate, the Supreme People's Court "Guide to the implementation of some provisions of the CPC about the Prosecutor comply with the law of civil procedure and the participation of the people's Procuracy in settling the civil case ".
III. ABOUT CHAPTER XIV "The TRIAL Of FIRST INSTANCE" Of The CPC 1. About 202 of the CPC.

1.1. The courts may only conduct the trial of the case when litigants are absent at the trial in the case prescribed in article 202 of the CPC (not only a Privy, some litigants or all the litigants in the case have suggested single trial courts absent); Thus, when the plaintiff, defendant, whose rights, obligations related my absence at the first trial under the provisions of paragraph 1 to article 199 Article 200, paragraph 1 and paragraph 1 to article 201 of the CPC even without good reason, the Court suspended the trial.
1.2. With respect to the cases of litigants received decided to take the case to trial under the provisions of clause 2 Article 195 of the CPC, has been duly served court summons the trial as stipulated in articles from Article to article 150 of 156 CPC and litigants were preparing to attend the trial of the case. , but due to unforeseen events or objective obstacles happen to them right in time before the trial court, or right in the moment they are on their way to the Court to attend the trial (due to natural disaster, accident, enemy, ill have to go to the hospital emergency department , death of loved one...) should they not be present at the trial as a court summons, the Court also postponed the trial.
Case by the courts did not receive notice from the litigants should still conduct the trial of the case absent them, if after the verdict, the decision of the courts of law, litigants have complaints and prove their absence in the trial are due to unforeseen events or objective obstacles , then the complaint should be considered under procedure of a retrial.
2. About CPC's 203.
In the case of the protection of legitimate rights and interests of litigants first absence in the trial have good reason, the Court to postpone the trial. If this person is absent the first time that the courts have identified the absence is not without good reason, the Court still conducting the trial of the case. The Court must notify the litigant knows so that they protect the rights and legitimate interests.
3. About CPC's 208.
3.1. The deadline postponed the trial of first instance not to exceed thirty days from the date of trial decision adjourned the trial.
If a trial was postponed several times, the duration of each adjournment of the trial not to be too limited to allow thirty days from the date of trial decision adjourned the trial of the times. The time delay of the trial does not count on the time limit for pretrial preparation specified in article 179 of the CPC and the guidance in section 1 of part III of this resolution. However, to protect the rights, legitimate interests of litigants, secured the open trial of the case in accordance with the regulations, then after the adjournment of the trial court is planning to reopen the trial within the shortest time without necessarily to up to 30 days to reopen the trial.
3.2. The decision to postpone the trial to have the main content specified in paragraph 2 to article 208 of the CPC and recorded in accordance with the model decision attached to this resolution.
 
3.3. The case was determined to be the date to reopen the trial, then in the decision to postpone the trial to record the time and the place to reopen the trial. If not yet determined to be open again on trial, then in the decision to write about the time and the place to reopen the trial court will be announced later.
Presiding the trial on behalf of the Board of review announce publicly decided to postpone the trial for the participants in the proceedings at the trial and delivered them to this decision. For a absences and the Procuratorate at the same level, the Court sent immediately decided to postpone the trial. This decision was seen as a new summons for litigants, if in the decision to have the record of the time and the place to reopen the trial.
In the event of a change of venue, time 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.
3.4. The trial not be delayed the trial because at the trial require litigants to postpone the trial to ask for the protection of the legitimate rights and interests of litigants or to authorize another person to participate in the proceedings instead.
3.5. If at the trial, litigants to present documents, new evidence that may require additional assessment with respect to that evidence, documents or inspection (including the newly discovered property need pricing) and found the additional assessment, assessment (evaluation) is necessary for the resolution of the case. , then the trial additional evaluation decisions, evaluation (evaluation) and pursuant to paragraph 4 to article 230 of the CPC decision to postpone the trial.
Decision-making referendum, out decides property valuation is done according to the instructions in items 6 and 7 of part IV of resolution No. 4/2005/hdtp on 17-10-2005 of the Council of judges of the Supreme People's Court passed a number of regulations of the CPC "is about the proof and evidence".
If before running out of time to postpone the trial that have not had the results assessment, valuation, the judge pursuant to paragraph 4 to article 189 of the CPC decision to temporarily suspend the case.
4. About CPC's 211 4.1. The minutes of the trial must complete the content specified in paragraph 1 to article 211 of the CPC. According to the provisions in clause 1 Article 211 of the CPC, the minutes of the trial must record all the happenings in the trial from the beginning until the end of the trial. Within minutes of the trial is not part of the decision record judgments.
4.2. After the end of the trial before the presiding trial check and sign the minutes of the trial, the Court Clerk to check the minutes of the trial to correct the inaccurate points within minutes of the trial. Presiding the trial to check the minutes and with the Court Clerk to sign the minutes. After presiding the trial has to check and sign the minutes of the trial, if not exactly points within minutes of the trial needs to be modified, then the Secretary of the Tribunal not amend yourself which must report to preside the trial to consider the amendments. When one of those prescribed in paragraph 4 to article 211 of the CPC have asked to be considered the minutes of the trial, then presiding the trial to allow them to see the minutes of the trial. If they are asked to write the amendment, added to the minutes of the trial, the court clerk must record the additional amendments as required. No erasing, fixing directly on these issues has recorded that record the additional amendments to the minutes of the trial. People would be prescribed in paragraph 4 to article 211 of the CPC have asked to write the amendment, added to the minutes of the trial, the justice shall record the proceedings are conducted or participated in the proceedings and that person's name. Next write the problems noted in the minutes of the trial require amendments, additions and amendments, specific supplements. If there are many requests, shall record the order one by one. Then who are required to sign the certification.
Example 1: (the case of a request to record the modifications and supplements) The additional amendments at the request of the plaintiff Nair A: 1. Problems are recorded in the line (the line) from the top down (or up) the page ... of the minutes of the trial burn request additional amendments as follows :
...
2. ...
Example 2: (in case of two or more people have asked to write these additional amendments) amendments and supplements: 1. At the request of Prosecutor Chen B: a. .. b. ...
2. At the request of defendant Le Thi M: a.... b. ...
5. About CPC's 213 5.1. Presiding the trial opening of the trial and read decided to bring the case to trial.

When the opening of the trial, the presiding trial asking everyone in the courtroom stood up. Presiding the trial opening of the trial as follows: "today, the day, month, year, people's courts ... to open the trial of first instance publicly (not public) trial of the case of a dispute ... on behalf of the Board of review, I declare the opening of the trial" and read the decision to take the case to trial.
5.2. After hearing the court clerk reported to be equivalent to the absence in the trial, the trial must be in deliberation discussion the postponement of the trial as stipulated in paragraph 2 to article 210 of the CPC.
5.3. Preside the trial proceed to check the identity of the litigants present at trial as follows: a) asked to preside the Privy to testimony about them, your name, date of birth; place of residence (where registered permanent residence; the residence); occupation (if the litigant is personal); name, address of Head Office (if the litigant is bodies, organizations). With regard to the legal representative of the litigants had to ask them to open about them: they are, name, age; the profession; the position; place of residence; relations with litigants.
b) in the case of the material contained in the case file as well as the testimony of litigants about the identification, the need for accurate verification of their identity.
5.4. for the dissemination of rights, obligations of litigants and participants in other proceedings, presiding the trial to a full common rights, their obligations stipulated in the respective laws of the CPC.
For example, for the plaintiff to explain fully the rights, their obligations specified in article 58 and article 59 of the CPC ... with respect to the interpretation, the judge presiding the trial requires they must assure rounded the mission; for the witness is, then ask them to assure truthful declaration.
5.5. For cases of trial decided to postpone the trial, then reopen the trial, presiding the trial did not read back the decision to take the case to trial.
If the trial decided to postpone the trial in trial preparation time, change, assigned to conduct the proceedings named in the decision bringing the case to trial, the Court shall notify the persons specified in clause 2 Article 195 CPC's know.
6. paragraph 1 Of Article 218 of The CPC changes and supplements require litigants at trial trial only accepted if changing, supplementing their claim does not exceed the scope of the request, the request response elements or requirements of independence was originally expressed in the petition of the plaintiff the single element of the response, the defendants, the petition of the person who has the rights, the obligations involved.
The change, additional requirements of the litigants must be recorded in the minutes of the trial. In the case of trial accepted change requests, the addition of the litigants, they must write in judgment.
7. About CPC's 219 cases at the trial have privy to withdraw the request, then customize each case that resolved the following: 7.1. If the plaintiff withdraws the entire request to sue, but the defendant kept asking his Prime reaction as defined in paragraph 1 to article 219 of CPC, the trial: a) the decision to suspend the trial for the entire requirements of the plaintiffs have withdrawn in accordance with clause 2 Article 218 of the CPC;
b) announced the change of the status of the proceedings of the litigants. The defendant remains the request side its elements become the plaintiff; the plaintiff withdrew the whole of his requirements to become the defendant.
7.2. If the plaintiff withdraws the entire request to sue, the defendant withdrew the entire request response elements, but people have rights, obligations associated remains his independence requirements as specified in clause 2 Article 219 of CPC, the trial: a) the decision to suspend the trial for the entire requirements of the plaintiff , the defendant withdrew as defined in item 2 Article 218 of the CPC.
b) publicly at the trial proceedings status changes depending on the relationship between the litigants concerned to request independent of the people who have rights, obligations involved.
7.3. Changing status of proceedings must be recorded in the minutes of the trial and must be recorded in the judgment.
8. paragraph 1 Of Article 220 of the CPC 8.1. Before turning to questions section, the trial should explain to the litigants know the content of the provisions of article 220 of the CPC, asked they have agreed with each other about the case or not; If yes then ask that they be completely voluntary or not, have been forcibly or not and consider that agreement has left the law, morals or not and let them know the consequences of the Court decision recognizing that agreement, then the litigants not to appeal, the Procurator not protest under procedure of appeal; the Court's decision recognized the agreement of litigants regarding case law takes effect.
8.2. The agreement of the litigants must be recorded in the minutes of the trial. According to the provisions of article 210 of the CPC, the trial deliberations and decision-making recognized the agreement of litigants about the resolution of the case in the courtroom.
9. About CPC's 236 9.1. The members of the Board of review must address all the issues of the case by voting by a majority of each issue one; in particular the following main issues: based on these documents, the evidence has been examined in the trial, through the question and debate at the trial, through consideration of the opinions of the participants in the proceedings, Prosecutor (if any) have sufficient grounds for accepting the entire , a part of the plaintiff's request, the request of the defendant, Prosecutor opposed the request of the person who has the rights, obligations or do not accept the whole, part of the request of the litigants or not, if it has sufficient grounds for accepting the according points, account, law of writing the corresponding legal and court fees in civil appeals.
9.2. In the case of trial of first instance only one judge and two people's assessors, then when (or when) the people's assessors speaking (or voting) before, the judge presiding the trial speech (or vote). In the case of trial of first instance there are two judges and three people's assessors, then the people's assessors speaking (or voting) before, to not judge presiding the trial and ultimately the judge presiding the trial speech (or vote).
9.3. members of the Board of review comments, the minority has the right (not obligation) presented his opinion in writing the text and included in the case file.
9.4. Within minutes of deliberation must record full of comments discussed each issue and a decision by a majority of the Board of review on each issue. The members of the Board of review must sign the minutes of deliberation at the deliberation before sentencing.
9.5. in case there are more complex, the deliberation requires a long time, then the trial could decide the time of deliberation but no more than five working days, since the end of the argument in the trial. The Board of review must announce the date and time of sentencing for the litigants said. If the date and time fixed sentencing that has changed, then the trial must report back for the litigant to know the changes.
10. About CPC's 238

The judgment of first instance must be written correctly prescribed in article 238 of the CPC, writing, presented sample must be in accordance with the judgment at first instance and judgment form user guide first instance has been attached to resolution No. 12/2005/hdtp on 31-3-2005 of the Council of judges of the Supreme People's Court passed a number of regulations in the first section "General provisions" of the CPC.
Along with the minutes of deliberation, the original judgment must be members of the Board of review through and signed in the room and are saved in the case file. On the basis of the original judgment, the judge presiding the trial on behalf of the Board of review to sign the judgment and the Court make the delivery or send the judgment under the provisions of article 241 of the CPC.
11. About CPC's 239 When sentencing people in the courtroom to stand up. If someone doesn't stand up, then the Court Clerk to remind them, if that person report because of health reasons should not be able to get up, then presiding the trial lets sit spot and then new sentencing. Presiding the trial or another Member of the Board of review read the verdict; If the judgment can then took turns reading the verdict.
In case the judgment is too long, then presiding the trial can only ask the people in the courtroom to stand up when reading the preamble and the decisions of the judgment.
After reading the verdict, depending on each specific case, presiding the trial or another Member of the Board of review to explain more about the enforcement of the judgment and appeal rights of litigants.
For litigants not know Vietnamese, then after the pronouncement of the judgment the interpreter to translate for them to hear the entire case to the languages they know (including the part related to their judgment and the judgment related to the other litigants in the case).
12. About CPC's 240 12.1. Only be corrected, additional judgments in the following cases: a) encountered a clear about spelling as: error due to incorrect writing words, spaces, capitalization, write often, foreign to the Vietnamese version, omitting the bearer cushion in them, the name of litigant ... b) data by mistake or due to incorrect calculations (including court fees) as : addition, subtraction, multiplication, Division, that wrong ... must be corrected.
12.2. The Court must send written notice about the repairs, supplements the judgment to those specified in paragraph 1 to article 240 of the CPC. Informed of the repairs, supplements the judgment to do the right thing according to the form attached to this resolution.
IV. The PROCEEDINGS FORMS attached to this resolution the text form of the following proceedings: 1. A petition (model No. 01) 2. The paper acknowledged the petition (form No. 2) 3. Announced the return of the petition (model No. 03) 4. Advance notice of court fees (4) 5. Notification of the case (model number 05) 6. The announcement about the reconciliation (model No. 01) 7. The minutes of settlement (7) 8. The minutes of the conciliation (model No. 08) 9. The decision recognized the agreement of the litigants (model No. 01) 10. The decision to temporarily suspend the case (model No. 10a)-decided to temporarily suspend solve civil cases (10b) 11. The decision to suspend the case (model No. 11a)-decided to suspend the case (model No. 11b) 12. The decision to bring the case to trial (model No. 12) 13. The minutes of the trial as a civil magistrate (13) 14. The decision to postpone the trial (14) 15. Repair message, additional judgment (form 15) v. EFFECT of the RESOLUTION was resolution the Council of judges of the Supreme People's Court passed on 12 May 2006 and have effect after fifteen days from the date The report./.