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Code on Civil Procedure 2015
Update: 16/3/2017 | 9:23:33 AM - Dragon Law Firm
The Civil Procedure Code provides for the basic principles in civil proceedings; the order and procedures for initiating lawsuits at People’s Court to settle cases of civil, marriage and family, business, trade and labor ...
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THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
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No.: 92/2015/QH13 |
Hanoi, November 25th, 2015 |
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Civil Procedure Code.
TASK AND EFFECT OF THE CIVIL PROCEDURE CODE
Article 1. Regulation scope and task of the Civil Procedure Code
The Civil Procedure Code provides for the basic principles in civil proceedings; the order and procedures for initiating lawsuits at People’s Court (hereinafter referred to as Courts) to settle cases of civil, marriage and family, business, trade and labor (hereinafter referred to as civil lawsuits) and order and procedures to request the Court to settle matters regarding civil, marriage, family, business, trade, labor (hereinafter referred to as civil matters); order and procedures for settlement of civil lawsuits and civil matters (hereinafter referred to as civil cases) at Courts; procedures for recognition and enforcement in Vietnam civil judgments/decisions of foreign Courts, award of foreign arbitrators; enforcement of civil judgments; tasks, entitlements and responsibilities of proceeding authorities/officers; rights and obligations of participants in procedures, of individuals, of regulatory agencies, people’s armed units, economic organizations, political organizations, socio-political organizations, political – social – professional organizations, social organizations, social – professional organizations (hereinafter referred to as agencies and organizations) that are relevant to ensure that the resolution of civil cases is carried out quickly, accurately, truthfully and lawfully.
The Civil Procedure Code contributes to the protection of the justice, of human’s rights, civil rights, protection of socialist regime, of the interests of the State, legitimate rights and interests of agencies, organizations and individuals; educates people to strictly abide by law.
Article 2. Regulated entities and effect of the Civil Procedure Code
1. The Civil Procedure Code applies to all civil proceedings throughout the territory of the Socialist Republic of Vietnam, including mainland, offshore island, territorial waters and airspace.
2. The Civil Procedure Code applies to all civil proceedings conducted by consular offices of the Socialist Republic of Vietnam in foreign countries.
3. The Civil Procedure Code applies to the settlement of civil cases involving foreign element(s); where the international treaties to which the Socialist Republic of Vietnam is a signatory provide otherwise, the provisions of such international treaties shall apply.
4. For foreign individuals, agencies and organizations that enjoy diplomatic privileges and immunities or consular privileges and immunities under Vietnamese laws, international treaties to which the Socialist Republic of Vietnam is a signatory, the civil cases related to such individuals, agencies and/or organizations shall be settled through the diplomatic channel.
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1. This Code takes effect from July 01st, 2016, except for the following provisions related to provisions of the Civil Code No. 91/2015/QH13 that take effect from January 01st, 2017:
a) Provisions related to that the Courts must not refuse to resolve civil cases for the reasons that there are no applicable law provisions prescribed in clause 2 Article 4, Articles 43, 44 and 45 of this Code;
b) Provisions pertaining to persons with limited cognition or behavior control;
c) Provisions pertaining to the application of statute of limitations provided for in clause 2 Article 184 and point e clause 1 Article 217 of this Code;
d) Provisions pertaining to legal entities being representatives or guardians.
2. The Civil Procedure Code No. 24/2004/QH11 that has been amended according to the Law No. 65/2011/QH12 shall expire since this Code comes into effect, except for provisions of Article 159 and point h clause 1 Article 192 that shall be effective until the end of December 31st, 2016.
This Code was passed on November 25th, 2015 by the XIIth National Assembly of the Socialist Republic of Vietnam at its 10th Session.
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CHAIRPERSON OF THE NATIONAL ASSEMBLY |
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