Penal Code
Code on Civil Procedure 2015

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 ...

THE NATIONAL ASSEMBLY
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
---------------

No.: 92/2015/QH13

Hanoi, November 25th, 2015

 

CODE

OF CIVIL PROCEDURE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Civil Procedure Code.

PART ONE

GENERAL PROVISIONS

Chapter I

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.

...

Download here

 

Article 517. Effect

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.

 

 

 

CHAIRPERSON OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung

Download
Other News

Decree No.45/2014/ND-CP Providing Collection of Land Use Tax

Decree No.45/2014/ND-CP Providing Collection of Land Use Tax

This Decree provides the collection of land use levy.

Decree No.47/2014/ND-CP on Compensation, Support, Resettlement to Land Expropriation

Decree No.47/2014/ND-CP on Compensation, Support, Resettlement to Land Expropriation

This Decree details some articles of the Law on Land concerning compensation, support, and resettlement upon land expropriation by the State.

Decree No.46/2014/ND-CP on Collection of Land Rent and Water Surface Rent

Decree No.46/2014/ND-CP on Collection of Land Rent and Water Surface Rent

This Decree regulates the collection of land rent and water surface rent.

Circular No.01/2014/TT-BLDTBXH Detailing & Guiding Articles on Licensing of Labor Sublease, Payment of Deposits …

Circular No.01/2014/TT-BLDTBXH Detailing & Guiding Articles on Licensing of Labor Sublease, Payment of Deposits …

This Circular provides procedures on issuance, re-issuance, extension and withdrawal of Operating Licenses for labor sublease, reporting regime of labor sublease under Decree No.55/2013/ND-CP of May 22, 2013 of the Government detailing the implementation of Clause 3, Article 54 of the Labor Code on the licensing of labor sublease ...

Decree No.63/2011/ND-CP Detailing and Guiding a Number of Articles of Law on Commercial Arbitration

Decree No.63/2011/ND-CP Detailing and Guiding a Number of Articles of Law on Commercial Arbitration

This Decree details and guides a number of articles of the Law on Commercial Arbitration on the management of arbitration; procedures for registration or termination of operation, revocation of establishment licenses and operation registration papers of arbitration centers and arbitration center branches; procedures for establishment...

Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

This Decree prescribes the donation and receipt of sperm, eggs and embryos; competence and procedures for licensing medical examination to perform in vitro fertilization ...

Decree No.44/2014/ND-CP on Land Prices

Decree No.44/2014/ND-CP on Land Prices

This Decree regulates methods for land pricing, adjustment to land price brackets ...

Treaty on Extradition between South Korea and Vietnam 2005

Treaty on Extradition between South Korea and Vietnam 2005

The Republic of Korea and the Socialist Republic of Vietnam would like to provide for more effective cooperation between the two countries in the prevention and suppression of crime, and to facilitate relations between the two countries in the area of extradition …

No.5122/BKHDT-PC planning for implementation Investment Law

No.5122/BKHDT-PC planning for implementation Investment Law

The Ministry of Planning and Investment requests People’s Committees of centrally-governed cities and provinces – The Departments of Planning and Investment of centrally-governed cities and provinces ...

Decree No.99/2013/ND-CP on Sanction of Administrative Violation in Industrial Property

Decree No.99/2013/ND-CP on Sanction of Administrative Violation in Industrial Property

This Decree specifies acts of administrative violation, sanctioning forms and levels, remedies; procedures for filing written requests for handling of violations ... on sanctioning administrative violations in industrial property.

Back To Top