Resolution No. 103/2015/QH13 On the Implementation of the Civil Procedure Code

RESOLUTION

ON THE IMPLEMENTATION OF THE CIVIL PROCEDURE CODE

OF THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

RESOLUTION:

Article 1

From the date the Civil Procedure Code No. 92/2015/QH13 takes effect (July 1, 2016):

1. For civil, family, business, commercial, and labor cases that have been accepted for trial by the court before July 1, 2016, but are resolved according to the first instance procedure from July 1, 2016 onwards, the provisions of this Code shall be applied to resolve such cases;

2. For civil, family, business, commercial, and labor cases that have been resolved according to the first instance procedure by the court before July 1, 2016, but are resolved according to the appeal procedure from July 1, 2016 onwards, the provisions of this Code shall be applied to resolve such cases;

3. For civil, family, business, commercial, and labor judgments and decisions that have taken legal effect before July 1, 2016, but are reviewed according to the cassation and reconsideration procedures from July 1, 2016 onwards, the provisions of this Code shall be applied to resolve such cases;

4. For civil, family, business, commercial, and labor judgments and decisions that have taken legal effect before July 1, 2016, if the authority with the right to lodge a cassation or reconsideration protest lodges such a protest from July 1, 2016 onwards, the basis for lodging the protest according to the cassation and reconsideration procedures and the resolution of such protests shall be carried out in accordance with the provisions of this Code;

5. For family cases that have been accepted for trial by the court before July 1, 2016, the court that has accepted the case shall continue to resolve it according to the general procedure without transferring it to the Family Court and Juvenile Court for resolution;

6. When resolving civil, family, business, commercial, and labor cases, the court continues to apply the provisions of current legal documents regarding court fees, procedural costs, and other litigation expenses until new regulations are issued by competent state agencies.

For civil, family, business, commercial, and labor cases resolved according to the expedited procedure, a lower level of court fee shall be applied compared to the level of court fee applied for cases resolved according to the regular procedure.

Article 2

For disputes and requests concerning civil, family, business, commercial, and labor matters arising before January 1, 2017, the statute of limitations shall be applied according to Article 159 and point h, Clause 1, Article 192 of the Civil Procedure Code No. 24/2004/QH11, which has been amended and supplemented according to Law No. 65/2011/QH12.

Article 3

1. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and tasks shall take the lead or coordinate with relevant agencies to organize the review of current legal provisions on civil procedure to abolish, amend, supplement, issue new documents, or propose the National Assembly or the Standing Committee of the National Assembly to abolish, amend, supplement, or issue new documents in accordance with the Civil Procedure Code No. 92/2015/QH13, ensuring the effectiveness of this Code from July 1, 2016.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions, tasks, and authorities shall promptly improve organizational structures and material facilities; train and enhance the skills of judges, civil servants, and officials of the People's Courts, People's Procuracies, and Civil Enforcement Agencies to ensure the resolution of civil cases when this Code takes effect.

3. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective tasks and authorities shall be responsible for coordinating with the Vietnam Fatherland Front Central Committee and its member organizations to widely publicize the Civil Procedure Code No. 92/2015/QH13 among cadres, civil servants, officials, and the people to contribute to strengthening socialist rule of law and to promote the effectiveness of this Code in protecting the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals.

4. The Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for guiding the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 10th session, on November 25, 2015.