RESOLUTION of the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT passed a number of regulations in the first section "general rules" of the code of civil procedure in 2004 the COUNCIL of JUDGES of the SUPREME PEOPLE'S COURT based on the law on organization of people's courts;
To the correct and uniform enforcement section for "General provisions" of the code of civil procedure in 2004 (hereafter abbreviated as CPC);
After the comments of Minister Supreme People's Prosecutor and the Minister of Justice, PARLIAMENT: i. the JURISDICTION of the COURT 1. About the tasks, powers to resolve the civil case 1.1. Based on the law on organization of people's courts and the first part of chapter III of the CPC, tasks and powers of the Court, the Court of the economy, the people's Labor Court, the central cities in civil proceedings shall be as follows: a) the Court has the duty, the authority to resolve the dispute and civil requirements marriage and family, the provisions of articles 25, 26, 27 and 28 of the CPC;
b the Economic Court has the duty), the authority to resolve the dispute and the requirements of business, trade, the provisions of article 29 and article 30 of CPC; the dispute about business, the trade in which a registered party or the business, but all had the aim of profit;
c Labour Court is responsible), the authority to resolve the dispute and labor requirements prescribed in article 31 and Article 32 of the CPC;
d) in the case based on the instructions in points a, b and c of subsection 1.1 this that hard to determine a dispute or request for it in the task, the powers of the Court are dedicated, then Chief Justice of the provincial people's Court, the central cities decided to assign a Court dedicated to solving according to the General procedure. Case after case civil discovery in the civil case are duties, the powers of the Court are dedicated, dedicated Court was accepting the continued resolve civil cases under the General procedure, but should record the numbers, symbols and quoted in the judgment or decision in accordance with the instructions in section 2 of part I of this resolution.
1.2. the Civil Court, the Court of the economy, the Labour Court of the Supreme People's Court of Cassation, the retrial the cases respectively in subsection 1.1 instructions Item 1 of part I of this resolution that the judgment, the decision was in effect the law of the people's provincial court was the protest.
2. About how to write numbers, symbols and quoted in the judgment of civil decisions in addition to the record of the year and issued the verdict, decision, the symbol and the name of the judgment, the decision to resolve the dispute and civil requirements, marriage and family, business, trade, labor is recorded as follows : 2.1. For judgment, decide to settle civil disputes a) About the scoring notation:-with regard to the judgment of first instance, shall record the symbol: DS-ST for example: the number: 20/2005/DS-ST-for the appellate judgment, shall record the symbol: DS-PT for example: 10/2005/DS-PT-with regard to the decision of Cassation, shall record the symbol : DS-GĐT example: number: 2005/DS-GĐT-for retrial decision, shall record the symbol: DS-TT for example: number: 01/2005/DS-TT b) About the record name:-need to define the dispute which the Court accepting the resolution specified in clause 25 of the Articles of the respective any CPC, to write to the excerpts of the judgment decision.
For example, a dispute which the Court accepting the settlement was the dispute between individuals with personal Vietnam citizenship defined respectively in article 25 paragraph 1 of the CPC shall record: "regarding disputes between individuals with personal Vietnam nationality."
-In the case in terms of article 25 of the CPC regulation group disputed the specific disputes should be resolved.
For example, a dispute which the Court accepting the resolution is a civil contract disputes are regulated respectively in paragraph 3 of article 25, the CPC needs specific attribution dispute about what civil contract; If the lease is in the record: "V/v a civil contract dispute on rented housing"; If it is a contract of carriage of passengers shall record: "V/v a civil contract dispute on carriage of passengers".
2.2. for the decision resolving a civil) on the scoring notation:-with regard to the decision of first instance, shall record the notation: QĐDS-ST e.g. number: 01/2005/QĐDS-ST-for deciding to appeal, shall record the notation: QĐDS-PT for example: 10/2005/QĐDS-PT-with regard to the decision of Cassation, shall record the symbol : QĐDS-GĐT example: number: 15/2005/QĐDS-GĐT-for retrial decision, shall record the notation: QĐDS-TT for example: 10/2005/QĐDS-TT b) About recording excerpt: need to identify the specific requirements that the Court accepting the resolve clause would of CPC's 26 Articles, to write to the excerpts of the decision.
For example, the requirement that the Court accepting the resolution is required to declare a missing person are specified in clause 8 corresponding to article 26 of the CPC, the record: "V/v required to declare a missing person".
2.3. for the judgment, the decision to resolve the dispute and requests about marriage and family, business, commercial, labor, then the recording symbol and name are made the same as the recording symbol and name for judgment, decided to settle the dispute and civil requirements , but rather "DS" by the dispute notation or corresponding requirement: "HNGĐ"; "MLM"; "LD".
For example:-for the judgment of first instance settle disputes about commercial business shall record: number: 2005/MLM-St.-with regard to the decision of first instance settle labor requirements shall record: QĐLĐ-St. 3. Of the provisions of article 29 of CPC 3.1. Individuals, organizations have a business registration is personal, the Organization was competent agencies of business registration certificate of business registration in accordance with the law; specifically the following: a) individual, household, group collaboration (according to the decree and other legal documents from the Government about business registration);
b) Enterprise (in business law and the legal documents guiding the implementation of the enterprise law);
c) business for foreign investment capital in Vietnam (under the law on foreign investment in Vietnam and the legal documents guiding the implementation of the law on foreign investment in Vietnam);
d) State enterprises (under the State Enterprise Law and legal documents guiding the implementation of the law on State enterprises);
DD) cooperatives, Cooperative Union (according to the law on cooperatives and the legal text guide to cooperative Law enforcement);
e) individuals, other organizations under the provisions of the law on business registration.
3.2. The purpose of the profitability of the individual, the Organization of business activities, trade is the wishes of individuals, organizations that profit without distinction have obtained or not obtained profit from business activities, trade it.
3.3. the business activity, trade is the realization of one or more commercial behaviour. Business, commercial activity is not only works directly under the business registration, commercial but also including other service activities promote, enhance operational efficiency, the trading business.
For example, A limited liability company was granted the certificate of business registration in the field of apparel. Activities of A company are not only limited to the textile product is lucky to serve markets that also includes the buying behavior of materials for production, construction of factories, stores, equipment rent cars to put the workers go to work, go on holiday every year according to the mode or buy some televisions to entertainment workers after hours job.

3.4. for disputes prescribed in clause 2 Article 29 of CPC do not necessarily require individuals, organizations must have a registered business that only requires individuals, organizations have the goal of profit from business activities, trade; If only one side has the purpose of profit, while the other side has no purpose of profit, the dispute that was the civil disputes prescribed in paragraph 4 to article 25 of the CPC.
3.5. About the dispute between the company with members of the company, among the members of the company with each other concerning the establishment, operation, dissolution, merger, split, merge, split, convert the company's organization form prescribed in paragraph 3 Article 29 of CPC need to distinguish as follows : a) The dispute between the company with members of the company is the dispute about the shares of each Member with respect to the company (usually shares which are quoted in money, but can also be in kind or by the value of the industrial property right); about the denomination of stock and number of shares for each company; the owner of a part of the company's assets corresponding to the shares in the company; on the right are subdivided into profits or on the obliged to bear the hole corresponding to the shares in the company; on request the company debt or the payment of the debts of the company, liquidation of assets and liquidate the contracts that the company signed when the company was dissolved; about other issues related to the establishment, operation, dissolution, merger, amalgamation, Division, separation, transformation of the company's organization.
b) disputes between the members of the company together is the dispute between the members of the company on the value of shares in the company between the members of the company; on the transfer of shares in the company between the members of the company or on the transfer of shares in the company of members of the company to another person is not a member of the company; about the transfer of bearer shares and bearer shares; about the denomination of stock, number of shares and debentures of the company or the owner of the property that corresponds to the number of shares of the company members; on the right are subdivided into profits or on the obliged to bear the losses, the company's debt payment; about the liquidation of assets, debt division between the members of the company in case the company is dissolved, about other issues among the members of the company relating to the establishment, operation, dissolution, merger, amalgamation, Division, separation, transformation of the company's organization.
c) when performing the instructions in point a and point b subsection 3.5, if between the company with members of the company or between the members of the company have a dispute with each other, but that the dispute does not involve the establishment, activities. defunct, merged, split, merge, split, convert the company's organization form which relates only to the other relations such as labor relations, civil relations (for example, disputes on social insurance, on subsidies for workers, about labor contracts, on contract, to borrow the property ...) then the disputes which are not business disputes Commerce clause 3 Article 29 of CPC. The case specifically to determine which civil disputes or labor disputes.
4. Regarding paragraph 3 Article 33 CPC's 4.1. Overseas litigants include: a) is the individual litigant no alien or person in Vietnam that are not present in Vietnam at the time of the court case; litigants is the settlement of Vietnam, do business, study and work abroad or non-foreigners in Vietnam in Vietnam to submit petition civil case or petition to resolve civil matters in court.
With respect to the request to cancel the marriage is unlawful, the divorce settlement, the dispute on the rights and obligations of husband and wife, father, mother and baby, the father, mother, children, adoption and guardianship between Vietnam citizens reside in border areas of neighboring countries with citizens resident in the area along the border with Vietnam , as defined in paragraph 3 to article 102 of the law on marriage and the family is under the jurisdiction of the people's Court of County, district, town or city in the place of residence of a citizen of Vietnam.
b) bodies, irrespective of the Organization's agencies, foreign organization or agency, Vietnam without Organization Headquarters, branch, representative office in Vietnam at the time of the court case.
4.2. the overseas property overseas property is the property to be determined under the provisions of the civil code is outside the borders of the territory of the Socialist Republic of Vietnam at the time of the court case.
4.3. Need authorization to consular authorities of Vietnam abroad, for the foreign court.
Need authorization to consular authorities of Vietnam abroad, for a foreign court is in the process of settling the civil case should proceed with a or some of the activities of civil proceedings in a foreign court that Vietnam could not accomplish the need to request the Consulate of Vietnam in foreign made or proposed Foreign courts made under the provisions of the international treaties to which Vietnam signed or joined or under the principle of reciprocity.
4.4. Not to change the jurisdiction of the Court in a civil case) isn't in one of the cases specified in clause 3 of the Article 33 of CPC and be guided in the sub-section 4.1, 4.2 and 4.3 of this section 4 and district-level people's Court was accepting the correct resolution authority If in the process the new resolution change, as there are litigants or property abroad or need authorization to consular authorities of Vietnam abroad, foreign courts shall follow the provisions of article 412 of the CPC, the people's Court of district level have been accepting the continued resolve of that civil case.
b) for civil cases in one of the cases specified in clause 3 of the Article 33 of CPC and be guided in the sub-section 4.1, 4.2 and 4.3 of this section 4 and be the people's Provincial Court of accepting the correct resolution authority, if in the process of resolving a change no longer Privy overseas property, and does not need authorization to consular authorities of Vietnam abroad, foreign courts shall follow the provisions of article 412 of the CPC, the people's provincial court was accepting the continued resolve of that civil case.
5. Regarding the provisions of article 36 of the CPC 5.1. When considering the request of the plaintiff the choice of court civil cases shall also work to implement properly the provisions of article 33 and article 34 of the CPC about the jurisdiction of the Court level, it is necessary to distinguish the following: a) for cases to which Article 36 of the CPC regulation require choosing the court settles civil right condition , the Court only accepts requests when this condition occurs.
For example, point a Article 36 paragraph 1 of the CPC regulation: "If does not know where to reside, work, the headquarters of the defendant, the plaintiff can ask the Court where the defendant resides, works, headquartered at last or where the defendant property settlement". So, just in case that doesn't know where to reside, work, the headquarters of the defendant, the plaintiff can ask the Court where the defendant resides, works, headquartered at last or where the defendant property settlement.
b) for cases to which Article 36 of the CPC regulation require choosing the court settles civil doesn't need any conditions, then the Court accept the kidney requires it.

For example, Article 86 paragraph 1 d of the CPC regulation: "If a dispute about compensation in addition to the contract, the plaintiff may ask the Court of his place of residence, work, are based or where the harm addressed". So in this case the required selection of civil dispute resolution does not require any conditions, should the plaintiff can ask the Court of his place of residence, work, are based or where the damage occurred and the Court accepts the request.
5.2. In case of the plaintiffs, who claim to be a choice many courts have jurisdiction in civil cases (for example, the Court where the defendant resides, works, headquartered at last or where the defendant has assets-art. 36 CPC's Thing), then upon receipt of the petition , the petition, the Court must explain to them that there is only one court in the Court was the new laws have jurisdiction in civil cases for them to choose from. The Court because they chose requires the petitioner, who was required to pledge in the petition not to sue either in the petition is not required in other courts.
In the case of the petitioner, the person required to submit the petition, filed the petition in several different courts are prescribed by the law, the Court was accepting the first time having jurisdiction in civil cases. The other courts, if not yet accepting the base on the score of 168 Articles paragraph 1 e CPC returned the petition, the petition; If accepting the base on point e clause 1 Article 168 and 192 Articles of item 2 CPC decision settling the civil case, delete the name of civil case in accepting and returning the petition, petition of the same material, and evidence for the litigants.
If litigants have an advance payment of court fees, the Court pursuant to clause 8 of 193 CPC Thing return advance payment of court fees for people who have filed.
6. Regarding the provisions in clause 1 Article 37 of the CPC When it deems the case were not accepting its jurisdiction in that Department in the jurisdiction of the local Court of the same level or other levels, then the Court has a civil case the decision to transfer the civil case records for the competent court and wiped accepting.
In the event the litigants have an advance payment of court fees, the Court transferred the civil case records must not return the advance payment of court fees for litigants that advance payment of court fees submitted are processed when the Court has jurisdiction in civil cases. The decision to move the civil case records by the judge was assigned to the population of the sign and the seal of the Court. This decision must be submitted immediately for litigants, individuals, agencies and organizations concerned. Competent court after receiving the decision to transfer the case and record service civil right on the window handle and continue to solve cases that according to common rules.
7. The decision of the Court in a specific case number 7.1. Case of dispute and have the petition asked the Court to resolve, if after the court case and the time limit for pretrial preparation in the first instance the order litigants to agreement on the resolution of the entire case, the Court must establish the minutes of that agreement and decision-making recognized the agreement of litigants under the provisions in article 187 of the CPC.
7.2. where the parties require positive recognition of divorces, custody, Division of property upon divorce; requires recognizing the agreement on changes to the direct custody after divorce as prescribed in paragraph 2 and paragraph 3 article 28 of the CPC, but after accepting the courts and in the process of resolving the civil parties have a change in the agreement, then the need to distinguish as follows : a) If the party changes to the agreement (in whole or in part) by a new agreement, then the courts continue to settle civil procedure;
b) If a party or change the agreement (in whole or in part), but no agreement on the issue had been agreed earlier and have a dispute, it shall be regarded as equivalent to the withdrawal of the petition. The Court pursuant to article 311 and point c paragraph 1 to article 192 of the CPC decision to suspend the civil settlement. In this case the Court should explain for litigants to know if they can still ask the Court to settle, they must sue the case according to the General procedure.
II. The PERSON CONDUCTING The PROCEEDINGS And The CHANGE Of The PERSON CONDUCTING The PROCEEDINGS 1. Of the provisions of article 43 of the CPC "court clerk" stipulated in article 43 of the CPC was the conduct of civil proceedings including those ranked civil servant quota "clerk of court" and those who are ranked civil servant quota "legal professionals", "Inquisitor" was Chief Justice of the court assigned to conduct the proceedings for civil cases and perform the tasks powers stipulated in article 43 of the CPC.
2. the provisions of article 46 of CPC 2.1. According to the provisions in clause 1 Article 46 of CPC, the person conducting the proceedings to refuse to conduct the proceedings or be changed, if they are like relatives of the litigants (including the plaintiff, the defendant, who has the rights, the obligations involved) in the civil case.
2.2. The relatives of litigants who have the following relations with litigants: a) is the wife, husband, father, mother, father, foster mother, child, adopted child of litigants;
b) Is the grandfather, grandmother, grandfather, grandmother, brother, sister, children of litigants;
c) is the uncle of the bowel, uncle, aunt, boy, aunt of litigants;
d) is the nephew of litigants, litigants whose grandfather, grandmother, grandfather, grandmother, uncle, uncle, aunt, boy, my aunt.
2.3. Have clear bases to believe that they can not indifferent while on duty is in addition to the case prescribed in paragraph 1, paragraph 2 Article 46 of CPC then in other cases (such as in the relationship, media relations, public relations, economic relations, ...) have clear bases to affirm judge , People's jurors, Prosecutor, court clerk not indifferent while on duty. For example, people's assessors is the brother of plaintiff; The judge is the son-in-law of the defendant; people have the rights, obligation involved is heads where the judge's wife worked ... that clearly demonstrate the base is in the middle of the life they have intimate emotional relationship with each other, have economic relationships ...
Also considered is the obvious base to argue that they can not indifferent while on duty if in the same court hearing civil cases, judges, jurors and a court clerk is loved like together or if judges, people's jurors , The Prosecutor was assigned appellate civil case have loved like is people's jurors, the judge, the Prosecutor participated in a trial of first instance, appeal case.
3. the provisions in paragraph 2 and paragraph 3 to article 47 of the CPC 3.1. As defined in clause 2 Article 47 of the CPC, the judge, the jurors to refuse to conduct the proceedings or changed if they are in a trial and is loved like together. However, when there are two people in the trial close together, then the only one who should be rejected or changed. Changing one before opening trial by court decision, Chief Justice at the trial because the trial decision. The determination of the judges, people's assessors in the same trial is loved like together is done similarly as in subsection 2.2 category 2 part II of this resolution.

3.2. In accordance with paragraph 3 to article 47 of the CPC, people's jurors, the judge must refuse to conduct the proceedings or bi change if they "have joined a trial of first instance, appellate ... in that case". Participated in a trial of first instance, appellate ... in case it is already involved in resolving and issued the judgment at first instance, a Court of appeal or the decision recognized the agreement of litigants, decided to suspend the case.
4. the provisions in paragraph 2 to article 51 of the CPC 4.1. At the trial the request to change the conduct of the proceedings must be presented clearly the reasons and grounds of applying changes to the conduct of the proceedings.
The trial heard people being asked to change their opinions about the request for the change of the person conducting the proceedings.
Request to change the conduct of the proceedings and the presentation of the request, the change request must be written in full on the minutes of the trial. Trial discussion in the room and based on the provisions of articles 46, 47, 48 and 49 of the CPC and the guidance in the items 1, 2 and 3 of part II of this resolution by majority decision to change or not to change the conduct of the proceedings.
The case decided to change the conduct of the proceedings, the decision must specify the postponed the trial and suggested the authority sent others to replace the person conducting the proceedings has been changed within 3 days from the date of the decision and the deadline postponed the trial.
4.2. The decision to change or not to change the conduct of the proceedings must be the trial publicly at the trial. The decision to change the conduct of the proceedings must be sent immediately to the competent person specified in clause 2 Article 51 of the CPC.
III. The PARTICIPANTS In The PROCEEDINGS 1. Of the provisions in paragraph 3 to article 57 of the CPC as stipulated in paragraph 3 of the Article 57 of the CPC, "litigants are people from eighteen years enough to have full capacity for civil litigation behavior, except the loss of the capacity for civil acts, persons with limited capacity for civil acts or laws have provisions". So, in addition to excluding people of civil behavior of people with limited capacity for civil acts, if in case the law has other stipulations, then the people have not enough eighteen years old can still have full capacity for civil acts or conversely people from eighteen years enough can still do not have full capacity for civil conduct. Therefore, to determine the true capacity of civil litigation behavior of a particular person, in addition to the provisions of the CPC the Court must consider the legal text would otherwise about the competence of civil litigation behavior or not.
Example 1: on the case of people not yet eighteen years old enough but having full capacity for civil conduct. Article 9 of the law on marriage and family stipulates male from eighteen years of being married and by the instructions in resolution No. 02/2000/NQ-HDTP on December 23/2000 of the Council of judges of the Supreme People's Court guide the application of some provisions of the law on marriage and the family 2000 (point a section I), the females were eighteen years that marriage is does not violate the conditions of the age of marriage; Therefore, as requested by the Court to resolve the cases on marriage and the family, they have the right to engage themselves in civil proceedings.
Example 2: on the case of people from full eighteen years of age but does not have full capacity for civil conduct. According to the provisions of article 41 of the law on marriage and the family, the father, the mother may be a court decision not to look after, care, child education, the management of property of the child or the child's legal representative; Therefore, within the court banned the legal representative of the child, the parents are not involved in civil proceedings as legal representative for the child in the civil case.
2. the provisions of Article 2, paragraph 58 d CPC's 2.1. Privy only to be asked to write copy, copy documents, there is evidence in the record of the case before the Court opened the trial of the case. When required, copies of documents, evidence, then they must send the competent court. If they live up to the Court to present the request is recorded, copy documents, evidence, then they must also demonstrate in writing filed with the Court. If litigants who are not literate, the Court established the minutes stating their requirements. The minutes have to be read back to the person requesting a hearing, sign or just confirm. Menu or text required to write the specific name of the document, the evidence that I need to write copy, copy.
2.2. On the basis of the proposal of the Tribunal, litigants and create conditions for them to be recorded, copy documents, evidence that they have requested. However, according to the rules of preservation mode, case file about the responsibility of the officials and public officials of bodies conducting proceedings in the preservation of the case file, the Court asked litigants made the right notes, copy the material evidence in the case file as follows : a) the Court provides to litigants the documents and evidence need notes, copy as requested by them, so they made the recording, stars taken with digital cameras or other technical means. The documentary evidence which is relevant to the case, not related to State secrets, confidentiality, trade secrets, secret private life. If not provided the documents as suggested by litigants need stating the reason.
b) in the case of litigants did not have cameras or other technical means to perform the copy and thanks to the Court of shooting stars help, depending on the specific conditions, the officers of the Court which can copy help the litigants have to pay the cost of copy according to common rules. The copy can be made immediately or can in a reasonable time limit fixed by the Court.
c) record, the copy must be made at the headquarters of the Court under the supervision of the Court and must comply with the provisions of the law on the protection of State secrets, confidentiality, trade secrets, secret private life.
3. Regarding the provisions of article 63 of the CPC 3.1. The case specifically that people are privy thanks to make the protection of the legitimate rights and interests of litigants must present to the court papers, the following documents: a) to the Attorney must present to the Court a referral Attorney's Office where they are members or have a contract to work the election they participated in the proceeding in the Court and card Lawyer;
b) for others it must present to the Court the text contents are expressing the will of the Privy thanks to protect the rights and legitimate interests for litigants; the text of the people's Committee of the communes, wards and towns where they reside or of the Agency, the organization where they work to confirm that they have no money, no projects are being prosecuted on criminal, not in the case are being applied in administrative processing, measures taken on the basis of healing, educational establishments and administrative probation , not the officers, public officials in the judiciary, prosecution, police; one of the types of identification (such as ID, passport, Hukou ...).
3.2. within three working days from the date of receiving the full papers, documents, the judge assigned the case to consider the settlement. If they are full of the conditions of the certificate the person protects the legitimate rights and interests of litigants so they participate in the proceedings. If they do not have the full range of conditions is not accepted and notifications in writing to the litigants and the denied knowing which should clearly indicate the reason for non-acceptance.

3.3. In the course of the case, if the protection of the legitimate rights and interests of litigants to have one of the acts specified in article 385 of the CPC, the judge assigned the case set the minutes about the violation of the protection of legitimate rights and interests of litigants. The minutes must be signed by the person conducting the set thereon, the violators, who testified. If violators refused to sign the minutes, then the judge must specify on the record denying that. In case it deems the violation of that people to continue to participate in the proceedings as the protection of the legitimate rights and interests of litigants is not objectively for the resolution of the case, the Court did not accept that violators continue to participate in the proceedings as the protection of the legitimate rights and interests of litigants at the same time notify in writing to the litigants and the people that know.
3.4. At trial the new Privy thanks to the protection of the legitimate rights and interests of litigants, the trial accepted, if people are privy thanks to make the protection of the legitimate rights and interests of litigants meet the conditions in subsection 3.1 instructions category 3 and the acceptance that does not interrupt the trial continue to adjudicate project. The trial did not accept the proposal of litigants to postpone the trial to Privy thanks to the protection of the legitimate rights and interests of litigants.
4. the provisions in paragraph 2 article 4 of CPC on the protection of the legitimate rights and interests of litigants are notes, copy the necessary documents in the case to protect the legitimate rights and interests of litigants, made similar instructions in section 2 part III of this resolution.
5. the provisions of paragraphs 3, 8 and 9 to article 66 of the CPC 5.1. About paragraph 3 of 66 CPC a Thing) related to State secrets is related to the problem (information, news, content ...) in the legal text of the organs of State authority are regulated as has the extent of: "confidential", "secret" or "Confidential".
b) regarding confidentiality, trade secrets, secret private life is related to confidentiality, trade secrets, secret private life protection law of the main witnesses.
c) negatively, detrimental to the litigants in the case is relative to the witnesses.
C1) identifying who's who testified made similar instructions in subsection 2.2 category 2 part II of this resolution;
C2) affect litigants is the case if the witness testimony out what I know, the adverse effect on happiness, honor, dignity, reputation or other bad influences in life, work, production and trading of litigants who have close relations with the witnesses;
d) If witnesses refuse to testify because the reasons are guided at points a, b and c of subsection 5.1 of this section 5, the judge must explain to them if the refusing not grounded, then they are liable under the provisions of the law.
5.2. Regarding paragraph 8 of 66 CPC Thing a) trial can only lead the award decision witnesses to trial when there is full the following conditions: a1) witnesses were summoned;
A2) witnesses did not come to the trial without good reason;
A3) The absence of witnesses at the trial interferes for the trial of the case;
A4) The lead witnesses to court award could be made before the trial into the deliberation to deliberation.
b) the decision Awards lead witnesses must be delivered immediately to protect the police force and the judicial assistance Department of the public security of the people authorized to perform as specified in circular No. 15/2003/TT-BCA (V19) on September 10, 2003 of the Ministry of public security "manual operation of the judicial support of the protective police force and the judicial assistance Department of the public security of the people".
5.3. Regarding paragraph 9 to article 66 of the CPC in the period of the trial preparation and trial of the case in the trial, the judge or the trial required the witness to warrant before the Court on the implementation of their obligations, rights, unless witnesses are minors. The words complained of the witnesses must have the following: a) the guarantee was the Court clarifying the rights, the obligations of the witness;
b) stayed honest declaration before the Court;
c) guarantee please bear the full responsibility before the law about his testimony.
In the preparatory phase of the trial testimony of witnesses complained was written to report on the testimony of witnesses. At the trial the words complained of the witness be recorded in the minutes of the trial.
6. Regarding the provisions of article 73 of CPC as stipulated in paragraph 2 Article 73 of CPC, the Agency held to protect the rights and legitimate interests of others is also represented by the law of civil procedure of the protected person. In this case, the Agency held sue to join the proceedings to be made through the legal representative or the authorized representative of the Agency, that organization.
7. Regarding the provisions of article 75 of the CPC 7.1. As defined in point b of paragraph 1 to article 75 of the CPC who are represented by the law in civil litigation for a Privy, shall not be made the legal representative for a litigant in the same case that the legitimate rights and interests of litigants that the opposite of each other. In this case they only made legal representation for the litigants that they are is representative under the law of which the litigants in the case.
For example: England B is rotten law representatives for the wife lost the capacity for civil acts, shall not be made the legal representative for his brother as juveniles in the same case, if the rights and legitimate interests of the wife and brother of the opposition. In this case you can only B is representative under the law of civil procedure in wife 7.2. According to the regulations. in paragraph 3 to article 75 of the CPC, officers, public officials in the judiciary, prosecution, police only made the representation in civil litigation when one of the following cases: a) When they are represented by the law for their agency or is represented to be their authorized bodies;
b) When they are the legal representative of the litigants (not the bodies) in the case.
IV. COURT FEES, Fees And TIME, TIME REQUIRED 1. About court fees, court fees, fee fees is done according to the provisions of Chapter IX of part of the CPC. However, for the matter has not yet been specified in Chapter IX of the CPC, then in time yet have specific regulations of the competent authorities, the problem of court fees, the fees are still made according to the provisions of Decree No. 70/CP dated 12/06/1997 of the Government of the court fee court fees. When the decision of court fees, fees need to distinguish some specific cases: 1.1. With respect to the civil provisions of the law in the proceedings before it be treated as civil cases, shall apply according to the level of court fees respectively specified in Decree No. 70/CP dated 12/06/1997 of the Government.
1.2. With regard to the other civil legal texts have fees regulations, made under the regulations.

For example, article 14 of Decree 25/2004/ND-CP on January 15, 2004 detailing the Government's implementation of some articles of the Ordinance on commercial arbitration court fees rules relating to arbitration. When addressing the specific requirements such as: ask the Court to appoint arbitrators to change arbitrator, request Prescription Court arbitration decision ... then the Court applied the fee levels are specified in this Decree.
2. About time, time required to the provisions in paragraph 3 to article 159 of the CPC 2.1. Determining time, time asked the Court to resolve civil cases are conducted as follows: a) for civil cases in the legal text of a decree about time, time required, shall apply the provisions of the legal text.
Example 1: for disputes over contract of the insurance business prescribed in article 30 of the law on insurance business, time of the insurance contract is three years, counting from the time of arising disputes.
Example 2: for labor disputes, the time of disputes are regulated respectively in article 167 of the labour code.
Example 3: for requirements non-recognition of a judgment, the decision of foreign courts do not have the required enforcement in Vietnam, then the time required are specified in article 360 of the CPC.
Example 4: for the dispute and request to declare a civil contract null and void, then the time required are specified in article 145 of the CC.
b) for civil cases in the legal text not specified time, time of request shall apply the provisions of paragraph 3 to article 159 of the CPC about time, time required. However, the need to distinguish as follows: b1) If a dispute arises before 1/1/2005, the time limit of two years from the date of 01/01/2005;
B2) If a dispute arises between 01/01/2005, the time limit of two years from the date of the rights and legitimate interests of individuals, agencies, organizations, public interest, the interests of the State being violated;
B3) If the required rights arising before the date of 01/01/2005, the time limit of one year from the date of 01/01/2005;
B4) If the required rights arising from 01/01/2005, the time limit of one year from the date of arising of rights requirements.
2.2. time start time: a) the start time is calculated from the date of the rights and legitimate interests of individuals, agencies, organizations, public interest, the interests of the State being violated and is determined as follows: a1) for civil obligations that the parties have agreed or the law has specified the time limit for implementation If the expiry of which that party had obligation: not done, then the expiration service is the date of the violation;
A2) for civil obligations that the parties do not deal or law does not prescribe the deadline made, but under the rules of the law of the parties can perform the obligation or request service at any time but must inform each other before in a reasonable time If the expiry was informed that parties are obliged not to perform, the expiry date was announced as the date of the violation;
A3) cases when the expiration of the civil service, the parties to the agreement extends the time limit for service in it, then the determination of infringement based on termination of the agreement of the parties and be made as instructed in point a1 and a2 point 2.2 of this subsection;
A4) in the process of implementation of the contract which breach contractual obligations, on the violation of the obligation is the date of the violation, unless the parties have agreed otherwise. If one party unilaterally suspended the contract on the unilateral suspension of the contract is on offense.
A5) for compensation for damage caused by infringement of property, health, life ..., then the date of infringement of property, health, life ... 1à on offense.
A6) In a legal relationship or in one transaction, if the infringement happens in many different times, then the start time is calculated from the time of the last infringement.
A7) In the case of instructions at points a1, a2, a3, a4, a5 and a6 subsection 2.2 If the parties have agreed otherwise, the time limits the time start time by agreement of the parties.
b) according to the provisions of article 160 of the CPC, the provisions of the Civil Code regarding the time limits to be applied in civil proceedings; Therefore, the non-application of time, time is not on time, start time ... be made according to the provisions of the civil code.
V. ABOUT SOME PROCEEDINGS FORMS attached to this resolution the text form of the following proceedings: 1. a civil judgment at first instance;
2. Certificate of the protection of legitimate rights and interests of litigants.
VI. EFFECT Of RESOLUTIONS 1. This resolution was the Council of judges of the Supreme People's Court through March 2005 and have effect after 15 days from the date The report.
The instructions of the Supreme People's Court issued prior to the date this resolution takes effect on the issues was guided in this resolution are repealed.
2. for the civil case, marriage and the family, the economy, labor, that the Court was accepting but not yet on trial at first instance, appellate, cassation trial or retrial shall apply the guidance in this resolution to resolve.
3. With regard to the judgement, the Court's decision has legal effect before the date of this resolution have effect shall not apply the guidance in this resolution to protest under procedure of Cassation or retrial, unless there are other protest base./.