Law Amending and Supplementing Certain Articles of the Civil Procedure Code No. 65/2011/QH12

LAW

Amending and supplementing certain articles of the Civil Procedure Code

_____________________

 

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly promulgates the Law amending and supplementing certain articles of the Civil Procedure Code number 24/2004/QH11,

Article 1.

Amending and supplementing the Civil Procedure Code:

"Article 7. Maximum number of participants for each team

Article 7. Obligation to provide documents and evidence of individuals, agencies, and organizations with authority

Individuals, agencies, and organizations within their duties and powers have the responsibility to provide fully and on time to the parties, courts, and public prosecutors the documents and evidence they are holding or managing when requested by the parties, courts, and public prosecutors, and must bear legal responsibility for providing such documents and evidence; if unable to provide them, they must notify in writing the parties, courts, and public prosecutors and clearly state the reasons for not being able to provide the documents and evidence.

2. Article 16 is amended and supplemented as follows:

Article 16. Ensuring impartiality of those conducting or participating in civil proceedings

The Chief Justice of the Court, Judge, People's Appraiser, Clerk of the Court, Chief Public Prosecutor, Prosecutor, interpreter, expert witness, member of the Valuation Board shall not conduct or participate in proceedings if there is a reasonable ground to believe that they may not be impartial while performing their duties and powers.

3. Article 21 is amended and supplemented as follows:

Article 21. Supervision of compliance with laws in civil proceedings

1. The People's Procuracy supervises compliance with laws in civil proceedings, exercises the rights to request, propose, and protest according to the provisions of the law to ensure timely and lawful resolution of civil cases.

2. The People's Procuracy participates in preliminary hearings for civil matters; preliminary trials for cases where the court collects evidence or the subject of dispute is public property, public interest, land use rights, housing, or one party is a minor or has physical or mental disabilities.

3. The People's Procuracy participates in appellate hearings, supervisory hearings, and retrial hearings.

4. The Supreme People's Procuracy leads the coordination with the Supreme People's Court to guide the implementation of this provision.

4. Supplementing Article 23a as follows:

Article 23a. Ensuring the right to debate in civil proceedings

During the resolution of civil cases, the court ensures that the parties, and their legal representatives can exercise their right to debate to protect their legitimate rights and interests.

5. Article 25 is amended and supplemented as follows:

Article 25. Civil disputes within the jurisdiction of the court

1. Disputes between individuals regarding Vietnamese nationality.

2. Disputes concerning ownership of assets.

3. Disputes concerning civil contracts.

4. Disputes concerning intellectual property rights, technology transfer, except in cases provided for in Clause 2 of Article 29 of this Code.

5. Disputes concerning inheritance of assets.

6. Disputes concerning tort liability outside of contracts.

7. Disputes concerning land use rights and assets attached to land as prescribed by the law on land.

8. Disputes related to press activities as prescribed by the law.

9. Disputes related to declaring a notarized document invalid.

10. Disputes related to assets seized for enforcement under the law on civil enforcement.

11. Disputes concerning the results of asset auctions and payment of registration fees for purchasing auctioned assets as prescribed by the law on civil enforcement.

12. Other civil disputes as prescribed by law.

6. Article 26 shall be amended and supplemented as follows:

Article 26. Civil demands within the jurisdiction of the court

1. Request to declare a person incapable or partially capable of civil acts, or revoke a decision declaring a person incapable or partially capable of civil acts.

2. Request to announce the search for a person absent from their place of residence and manage their property.

3. Request to declare a person missing, or revoke a decision declaring a person missing.

4. Request to declare a person deceased, or revoke a decision declaring a person deceased.

5. Request to recognize and enforce at Vietnam a foreign court's judgment or decision on civil matters, or refuse recognition of a foreign court's judgment or decision on civil matters without a request for enforcement in Vietnam.

6. Request to declare a notarized document invalid.

7. Request to determine ownership and use rights of assets; division of jointly owned assets for enforcement as prescribed by the law on civil enforcement.

8. Other civil demands as prescribed by law.

7. Article 31 is amended and supplemented as follows:

Article 31. Labor disputes within the jurisdiction of the court

1. Individual labor disputes between workers and employers that have been resolved through mediation by the grassroots labor conciliation council, labor mediator of the provincial-level labor management agency but the parties do not implement or implement incorrectly, mediation fails, or mediation does not occur within the time limit prescribed by law, except for the following disputes which do not necessarily go through grassroots mediation:

a) Regarding disciplinary action against employees in the form of termination or unilateral termination of the employment contract;

b) Regarding compensation between workers and employers; about severance pay;

c) Between domestic workers and employers;

d) Regarding social insurance as prescribed by the labor law;

đ) Regarding compensation between workers and enterprises, organizations sending workers to work abroad under a contract.

2. Collective labor disputes regarding rights between a group of workers and the employer, as provided for by labor laws, have been resolved by the Chairman of the People's Committee of the district, town, city, or provincial city, and if the group of workers or the employer disagrees with the decision of the Chairman of the People's Committee of the district, town, city, or provincial city, or if the Chairman of the People's Committee of the district, town, city, or provincial city fails to resolve the dispute within the prescribed time limit.

3. Other labor disputes regulated by law.

8. Supplement Article 32a as follows:

"Article 32a. The jurisdiction of the Court over individual decisions of agencies and organizations

1. When resolving civil cases, the Court has the authority to annul individual decisions clearly contrary to the law made by agencies, organizations, or individuals authorized by such agencies or organizations that infringe upon the legitimate rights and interests of the parties involved in the civil case which the Court is responsible for resolving. In this case, the agency, organization, or individual authorized by such agency or organization has the right and obligation to participate in the proceedings.

2. Where a civil case involves an individual decision subject to annulment under Clause 1 of this Article, then such individual decision shall be reviewed by the Court in the same civil case. The jurisdiction of the court hearing the civil case shall be determined according to the provisions of Articles 29 and 30 of the Civil Procedure Code.

3. The Supreme People's Court shall take the lead in coordinating with the Supreme People's Procuracy and the Ministry of Justice to provide guidance on the implementation of this provision."

9. Amend and supplement Article 33 as follows:

"Article 33. The jurisdiction of the People's Court of the district, town, city, or provincial city

1. The People's Court of the district, town, city, or provincial city (hereinafter referred to collectively as the People's Court at the district level) has the authority to resolve through first-instance procedures the following disputes:

a) Civil and family disputes as stipulated in Articles 25 and 27 of this Code;

b) Business and commercial disputes as stipulated in Clause 1 of Article 29 of this Code;

c) Labor disputes as stipulated in Clause 1 of Article 31 of this Code.

2. The People's Court at the district level has the authority to resolve the following requests:

a) Civil requests as stipulated in Clauses 1, 2, 3, 4, 6, and 7 of Article 26 of this Code;

b) Family requests as stipulated in Clauses 1, 2, 3, 4, and 5 of Article 28 of this Code.

3. Disputes and requests as stipulated in Clauses 1 and 2 of this Article where one of the parties or the property is located abroad or requires judicial assistance from the representative office of the Socialist Republic of Vietnam abroad or from foreign courts are not within the jurisdiction of the People's Court at the district level."

10. Amend and supplement Article 35 as follows:

"Article 35. The jurisdiction of the Court based on territoriality

1. The territorial jurisdiction of the Court to resolve civil cases is determined as follows:

a) The Court where the defendant resides or works, if the defendant is an individual, or where the defendant has its headquarters, if the defendant is an agency or organization, has the authority to resolve disputes concerning civil, family, business, and commercial, and labor matters as stipulated in Articles 25, 27, 29, and 31 of this Code;

b) The parties may agree in writing to request the Court where the plaintiff resides or works, if the plaintiff is an individual, or where the plaintiff has its headquarters, if the plaintiff is an agency or organization, to resolve disputes concerning civil, family, business, and commercial, and labor matters as stipulated in Articles 25, 27, 29, and 31 of this Code;

c) The Court where immovable property is located has the authority to resolve disputes concerning immovable property.

2. The territorial jurisdiction of the Court to resolve civil matters is determined as follows:

a) The Court where the person whose capacity for civil acts is requested to be declared lost or restricted resides or works has the authority to resolve requests to declare a person as having lost their capacity for civil acts or being restricted in their capacity for civil acts;

b) The Court where the person whose whereabouts are requested to be notified, who is requested to be declared missing or deceased resides last has the authority to resolve requests to notify the whereabouts of a person who is absent from their place of residence and manage their property, and requests to declare a person as missing or deceased;

c) The Court that issued the decision declaring a person as missing or deceased has the authority to resolve requests to revoke the decision declaring a person as missing or deceased;

d) The Court where the person required to enforce a foreign civil, family, business, and commercial, or labor judgment resides or works, if the person is an individual, or where the person required to enforce the judgment has its headquarters, if the person is an agency or organization, or where the property related to the enforcement of the foreign judgment is located has the authority to resolve requests to recognize and enforce a foreign civil, family, business, and commercial, or labor judgment in Vietnam;

đ) The Court where the person submitting the application resides or works, if the person is an individual, or where the person submitting the application has its headquarters, if the person is an agency or organization, has the authority to resolve requests not to recognize a foreign civil, family, business, and commercial, or labor judgment that does not require enforcement in Vietnam;

e) The Court where the person required to enforce a foreign arbitral award resides or works, if the person is an individual, or where the person required to enforce the award has its headquarters, if the person is an agency or organization, or where the property related to the enforcement of the foreign arbitral award is located has the authority to resolve requests to recognize and enforce a foreign arbitral award in Vietnam;

g) The Court where the illegal marriage registration was performed has the authority to resolve requests to annul an illegal marriage;

h) The Court where one of the parties seeking mutual consent to divorce, custody of children, and division of assets upon divorce resides or works has the authority to resolve requests to recognize mutual consent to divorce, custody of children, and division of assets upon divorce.

i) The court where one of the parties resides or works and has agreed to change the person directly caring for the child after divorce shall have jurisdiction to resolve the request to recognize the agreement on changing the person directly caring for the child after divorce;

k) The court where the father or mother of the minor child resides or works shall have jurisdiction to resolve the request to limit the rights of the father or mother over the minor child or the right to visit the child after divorce;

l) The court where the adoptive parent or adopted child resides or works shall have jurisdiction to resolve the request to terminate the adoption;

m) The court where the Notary Office or Notary Public Office that performed the notarization has its headquarters shall have jurisdiction to resolve the request to declare the notarial document invalid;

n) The court where the Enforcement Agency with its headquarters or where there is property related to enforcement proceedings has its headquarters shall have jurisdiction to resolve the request to determine ownership and usufructuary rights to property, division of joint property for enforcement according to the provisions of the law;

o) The territorial jurisdiction of the court to resolve requests related to the Vietnam Commercial Arbitration Center resolving disputes carried out according to the provisions of the law on arbitration;

11. Article 36 is amended and supplemented as follows:

Article 36. Jurisdiction of the Court based on the plaintiff's or claimant's choice

1. The plaintiff has the right to choose the court to resolve civil, marriage and family, business, commercial, labor disputes in the following cases:

a) If the defendant's place of residence, work, or headquarters is unknown, the plaintiff may request the court where the defendant last resided, worked, or had its headquarters, or where the defendant has assets to resolve the dispute;

b) If the dispute arises from the activities of a branch of an organization, the plaintiff may request the court where the organization has its headquarters or where the organization has a branch to resolve the dispute;

c) If the defendant does not reside, work, or have a headquarters in Vietnam or if the case involves a maintenance payment dispute, the plaintiff may request the court where he/she resides or works to resolve the dispute;

d) If the dispute concerns compensation for tortious damage, the plaintiff may request the court where he/she resides, works, or has his/her headquarters, or where the damage occurred to resolve the dispute;

đ) If the dispute concerns compensation for damages, severance pay, social insurance, rights and interests related to employment, wages, income, and other working conditions for employees, the plaintiff who is an employee may request the court where he/she resides or works to resolve the dispute;

e) If the dispute arises from the use of labor by a contractor or an intermediary, the plaintiff may request the court where the main employer resides, works, or has its headquarters, or where the contractor or intermediary resides or works to resolve the dispute;

g) If the dispute arises from contractual relations, the plaintiff may request the court where the contract was performed to resolve the dispute;

h) If the defendants reside, work, or have their headquarters in different places, the plaintiff may request the court where one of the defendants resides, works, or has its headquarters to resolve the dispute;

i) If the dispute concerns immovable property located in different localities, the plaintiff may request the court where one of the immovable properties is located to resolve the dispute.

2. The claimant has the right to choose the court to resolve civil, marriage and family claims in the following cases:

a) For civil claims specified in Clauses 1, 2, 3, 4, 6, and 7 of Article 26 of this Code, the claimant may request the court where he/she resides, works, or has his/her headquarters, or where the respondent's assets are located to resolve the claim;

b) For the request to annul an illegal marriage as provided in Clause 1 of Article 28 of this Code, the claimant may request the court where one of the parties to the illegal marriage resides to resolve the claim;

c) For the request to limit the rights of the father or mother over the minor child or the right to visit the child after divorce, the claimant may request the court where the child resides to resolve the claim.”

12. Article 37 is amended and supplemented as follows:

"Article 37. Transfer of civil cases to another court, resolution of jurisdiction disputes

1. If a civil case has been accepted but does not fall within the jurisdiction of the court that accepted it, such court shall issue a decision transferring the civil case file to the court with jurisdiction and remove the case name from the acceptance register. This decision must be immediately sent to the same-level Procuracy, the parties, individuals, agencies, and organizations concerned.

The parties, individuals, agencies, and organizations concerned have the right to appeal, and the Procuracy has the right to make recommendations regarding this decision within three working days from the date of receipt. Within three working days from the date of receipt of the appeal or recommendation, the President of the court that issued the decision to transfer the civil case must resolve the appeal or recommendation. The decision of the President of the court is final.

2. Disputes over jurisdiction among people's courts at the district level in the same province or centrally-administered city shall be resolved by the President of the provincial people's court.

3. Disputes over jurisdiction among people's courts at the district level in different provinces or centrally-administered cities or between people's courts at the provincial level shall be resolved by the President of the Supreme People's Court.

4. The Supreme People's Court shall provide guidance on implementing this provision."

13. Article 58 is amended and supplemented as follows:

"Article 58. Rights and obligations of the parties

1. The parties have equal rights and obligations when participating in litigation.

2. When participating in litigation, the parties have the following rights and obligations:

a) To maintain, change, supplement, or withdraw the claim according to the provisions of this Code;

b) To provide evidence and prove to protect their legitimate rights and interests;

c) To request individuals, agencies, or organizations holding or managing evidence to provide such evidence to them to submit to the court;

d) To request the court to verify, collect evidence of the case that they cannot perform themselves, or to request the court to summon witnesses, conduct expert appraisals, valuation, or review."

đ) To be informed and record, photocopy documents and evidence presented by other parties or collected by the Court;

e) Request the Court to decide on applying, changing, or revoking provisional emergency measures;

g) Negotiate with each other regarding the resolution of the case; participate in mediation conducted by the Court;

h) Receive valid notifications to perform their rights and obligations;

i) Protect their own legitimate rights and interests either personally or through others;

k) Participate in court sessions;

l) Request the Court to change the person conducting proceedings or participating in proceedings as provided for in this Code;

m) Argue at the court session;

n) Request the Court to involve persons with related rights and obligations in the proceedings;

o) Raise questions to others about issues related to the case with permission from the Court or propose to the Court issues that need to be asked of others; be cross-examined by each other or witnesses;

p) Obtain certified copies of judgments and decisions of the Court;

q) Must appear before the Court upon summons and comply with the Court's decisions during the resolution of the case;

r) Respect the Court and strictly adhere to the rules of the court session;

s) Appeal against judgments and decisions of the Court according to the provisions of this Code;

t) Request competent authorities to lodge a protest under the cassation or revision procedure for judgments and decisions of the Court that have become legally binding;

u) Pay advance litigation fees, advance costs, litigation fees, costs, and expenses as prescribed by law;

v) Strictly comply with judgments and decisions of the Court that have become legally binding;

x) Request the Court to temporarily suspend the resolution of the case as provided for in this Code;

y) Other rights and obligations as prescribed by law.”

14. Article 59 is amended and supplemented as follows:

"Article 59. Rights and Obligations of the Plaintiff

1. The rights and obligations of the parties as stipulated in Article 58 of this Code.

2. Withdraw part or all of the lawsuit claim; change the content of the lawsuit claim."

15. Article 60 is amended and supplemented as follows:

"Article 60. Rights and Obligations of the Defendant

1. The rights and obligations of the parties as stipulated in Article 58 of this Code.

2. Be notified by the Court of being sued.

3. Accept or reject part or all of the plaintiff's claims.

4. Raise counterclaims against the plaintiff if they are related to the plaintiff's claims or request set-off against the plaintiff's obligations."

16. Article 63 is amended and supplemented as follows:

"Article 63. Person Protecting the Legitimate Rights and Interests of the Parties

1. A person protecting the legitimate rights and interests of the parties is someone entrusted by the party and accepted by the Court to participate in proceedings to protect the legitimate rights and interests of the party.

2. The following persons may be accepted by the Court to act as a person protecting the legitimate rights and interests of the parties:

a) Lawyers participating in proceedings in accordance with laws on lawyers;

b) Legal aid officers or persons providing legal aid in accordance with laws on legal aid;

c) Vietnamese citizens with full civil capacity who have not been convicted or have been convicted but have had their criminal records expunged, and are not currently subject to administrative measures involving placement in medical facilities or educational institutions; and are not officials or employees in the judiciary, prosecution, or police sectors.

3. A person protecting the legitimate rights and interests of the parties may protect the legitimate rights and interests of multiple parties in the same case, if the rights and interests of those parties are not conflicting. Multiple persons protecting the legitimate rights and interests of the parties may jointly protect the legitimate rights and interests of one party in the case."

17. Article 82 is amended and supplemented as follows:

"Article 82. Sources of Evidence

Evidence is collected from the following sources:

1. Readable, audible, visible documents;

2. Physical evidence;

3. Statements of the parties;

4. Statements of witnesses;

5. Expert conclusions;

6. Records of on-site verification results;

7. Customary practices;

8. Results of asset valuation and asset appraisal;

9. Other sources as prescribed by law."

18. Article 85 is amended and supplemented as follows:

"Article 85. Collection of Evidence

1. In cases where the Court considers that the documents and evidence in the civil case file are insufficient to resolve the case, the Judge shall require the parties to submit additional documents and evidence.

2. In cases prescribed by this Code, the Judge may take one or more of the following measures to collect documents and evidence:

a) Take statements from the parties and witnesses;

b) Cross-examine the parties with each other, or between the parties and witnesses;

c) Request expert examination;

d) Decide on asset valuation or request asset appraisal;

đ) Examine and verify on-site;

e) Entrust the collection and verification of documents and evidence;

g) Require individuals, agencies, organizations to provide readable, audible, visible documents or other objects related to the resolution of the civil case.

3. When taking the measures specified in points b, c, d, đ, e, and g of Clause 2 of this Article, the Judge must issue a decision stating the reasons and requirements of the Court.

4. The Public Prosecutor has the right to request the parties, individuals, agencies, and organizations to provide files, documents, and physical evidence to ensure the exercise of the right to lodge a protest under the appellate, cassation, and revision procedures."

19. Article 90 is amended and supplemented as follows:

"Article 90. Request for Expert Examination

1. Upon agreement and selection by the parties or at the request of one or more parties, the Judge shall issue a decision requesting expert examination. The decision requesting expert examination must clearly state the name and address of the expert, the object to be examined, the issues to be examined, and specific requirements for the expert's conclusion.

2. Upon receiving the decision requesting expert examination, the expert must conduct the examination in accordance with the law.

3. If the Court finds that the expert conclusion is incomplete, unclear, or violates the law, at the request of one or more parties, the Judge shall issue a decision for supplementary or repeated examination.

The person who conducted the previous examination shall not conduct the repeated examination. Persons who have participated in the proceedings of the case, and those specified in Articles 46(1), (2), and (3) of this Code shall not conduct the examination."

20. Article 92 is amended and supplemented as follows:

"Article 92. Valuation of Assets, Appraisal of Assets

1. The parties have the right to negotiate on determining the asset value and selecting an appraisal organization.

The court shall issue a decision to appraise disputed assets in the following cases:

a) At the request of one or more parties;

b) When the parties agree with each other or with the appraisal organization at a low price to evade obligations towards the State.

2. The valuation council established by the court shall consist of the chairman representing the financial agency and members representing relevant specialized agencies. Persons who have conducted litigation in that case, those specified in Clauses 1, 2, and 3 of Article 46 of this Code shall not participate in the valuation council.

The valuation council shall only conduct valuation when all members are present. In necessary cases, representatives of the People's Committee of the commune where the asset to be valued is located may be invited to witness the valuation. Parties shall be notified in advance about the time and place of the valuation and have the right to attend and express opinions on the valuation. The valuation council shall decide on the asset value.

3. Financial agencies and relevant specialized agencies shall be responsible for appointing persons to participate in the valuation council and creating conditions for them to perform their duties. Persons appointed as members of the valuation council shall be responsible for fully participating in the valuation. If financial agencies and relevant specialized agencies fail to appoint persons to participate in the valuation council, or if appointed persons do not participate without justifiable reasons, they shall be subject to handling according to the level of violation as stipulated by law.

4. The evaluation must be recorded in a record, clearly stating the opinion of each member, and of the parties if they attend. The decision of the valuation council must be approved by more than half of the total number of members. Members of the valuation council, parties, and witnesses shall sign the record.

5. Upon request of one or more parties, the court may require the appraisal organization to conduct an asset appraisal. Asset appraisal shall be carried out in accordance with the laws on asset appraisal. The results of the asset appraisal shall be considered evidence if the appraisal is conducted in accordance with the provisions of the law.

6. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and powers shall provide detailed regulations and guidance on implementing this Article."

21. Article 94 is amended and supplemented as follows:

"Article 94. Requesting Individuals, Agencies, and Organizations to Provide Evidence

1. In cases where parties have taken necessary measures to collect evidence but still cannot collect it themselves, they may request the court to collect evidence to ensure the proper resolution of civil disputes.

A party requesting the court to collect evidence must submit a written application detailing the issues to be proven; the evidence to be collected; the reasons why they cannot collect the evidence themselves; the name, address of individuals, and the name, address of agencies or organizations managing or storing the required evidence.

2. Courts and Procuracies may directly or through written requests ask individuals, agencies, or organizations managing or holding evidence to provide such evidence to them.

Individuals, agencies, or organizations managing or holding evidence shall be responsible for providing complete and timely evidence according to the court’s or procuracy’s requirements within fifteen days from receipt of the request; failure to provide complete and timely evidence may result in legal consequences depending on the degree of violation."

22. Article 159 is amended and supplemented as follows:

"Article 159. Statute of Limitations for Initiating Litigation, Statute of Limitations for Requests

1. The statute of limitations for initiating civil lawsuits is the period during which a subject has the right to initiate a lawsuit to request the court to resolve a civil lawsuit to protect their legitimate rights and interests that have been violated; if this period expires, the right to initiate a lawsuit is lost, except as otherwise provided by law.

2. The statute of limitations for requesting the resolution of civil matters is the period during which a subject has the right to request the court to resolve civil matters to protect their legitimate rights and interests of individuals, agencies, or organizations, public interests, and state interests; if this period expires, the right to request is lost, except as otherwise provided by law.

3. The statute of limitations for initiating civil lawsuits shall be implemented in accordance with the provisions of the law. In cases where the law does not provide for the statute of limitations for initiating civil lawsuits, it shall be implemented as follows:

a) Disputes over ownership of assets; disputes over reclaiming assets managed or possessed by others; disputes over land use rights under the laws on land shall not apply the statute of limitations for initiating lawsuits;

b) Disputes not falling under the provisions of point a of this clause shall have a two-year statute of limitations for initiating civil lawsuits, counted from the date when individuals, agencies, or organizations become aware of the infringement of their legitimate rights and interests.

4. The statute of limitations for requesting the resolution of civil matters shall be implemented in accordance with the provisions of the law. In cases where the law does not provide for the statute of limitations for requests, the statute of limitations for requesting the court to resolve civil matters shall be one year, counted from the date the right to request arises, except for civil matters related to personal rights of individuals, which shall not apply the statute of limitations for requests."

23. Article 164 is amended and supplemented as follows:

"Article 164. Form and Content of the Complaint

1. Individuals, agencies, or organizations initiating a lawsuit must file a complaint.

2. The complaint must include the following main contents:

a) Date of filing the complaint;

b) Name of the court receiving the complaint;

c) Name and address of the complainant;

d) Name and address of the person whose rights and interests are to be protected, if applicable;

đ) Name and address of the defendant;

e) Name and address of the person with related rights and obligations, if applicable;

g) Specific issues requested to be resolved by the court against the defendant and persons with related rights and obligations;

h) Name and address of witnesses, if applicable."

3. The plaintiff who is an individual must sign or affix their fingerprint; if the plaintiff is an agency or organization, the legitimate representative of such agency or organization must sign and stamp the complaint at the end; in cases where the lawsuit is filed to protect the rights and lawful interests of minors or persons without civil capacity, the complaint shall be signed or affixed with fingerprints by the legal representatives of these persons. Accompanying the complaint must be documents and evidence proving that the plaintiff's request is based on facts and is lawful.

If the plaintiff cannot read, write, or sign or affix fingerprints themselves, they must have a witness who must sign to confirm before a competent authority of the People's Committee at the commune level. The competent authority of the People's Committee at the commune level must certify before the plaintiff and the witness.

24. Article 168 is amended and supplemented as follows:

"Article 168. Returning the complaint, consequences of returning the complaint"

1. The court shall return the complaint in the following cases:

a) The plaintiff does not have the right to file a lawsuit or does not have sufficient capacity for civil litigation proceedings;

b) The matter has been resolved by a judgment or decision of the court that has taken legal effect or by a decision of a state agency with competent authority, except in cases where the court rejects a divorce petition, a change in custody, a change in maintenance amount, a change in compensation amount, a change in property manager, a change in estate manager, or a case demanding property, leased property, borrowed property, house, land use rights for leased property, borrowed property, or property given for free use, and the court has not accepted the request due to insufficient conditions for filing a lawsuit;

c) The deadline for notification as stipulated in Clause 2 of Article 171 of this Code has expired, and the plaintiff has not submitted the receipt for the advance payment of court fees to the court, except in cases of objective obstacles or force majeure;

d) There are not yet sufficient conditions for filing a lawsuit;

đ) The case does not fall within the jurisdiction of the court.

2. When returning the complaint and accompanying documents and evidence to the plaintiff, the court must issue a document clearly stating the reasons for returning the complaint, and simultaneously send it to the same-level People's Procuracy.

3. The parties have the right to re-file the complaint in the following cases:

a) The plaintiff has the right to file a lawsuit or has already obtained sufficient capacity for civil litigation proceedings;

b) A divorce petition, a change in custody, a change in maintenance amount, a change in compensation amount, a change in property manager, a change in estate manager, or a case demanding property, leased property, borrowed property, house, land use rights for leased property, borrowed property, or property given for free use, which the court previously did not accept the request due to insufficient conditions for filing a lawsuit;

c) There are now sufficient conditions for filing a lawsuit;

d) Other cases as prescribed by law.

4. The Supreme People's Court shall provide guidance on implementing Clause 1 and Clause 3 of this Article."

25. Article 170 is amended and supplemented as follows:

"Article 170. Complaints, recommendations, and handling complaints and recommendations regarding the return of the complaint

1. Within three working days from the date of receiving the returned complaint and accompanying documents and evidence from the court, the plaintiff has the right to lodge a complaint with the Chief Judge of the court that returned the complaint.

Within three working days from the date of receiving the document returning the complaint from the court, the same-level People's Procuracy has the right to make a recommendation to the Chief Judge of the court that returned the complaint.

2. Within three working days from the date of receiving the complaint or recommendation regarding the return of the complaint, the Chief Judge of the court must issue one of the following decisions:

a) Maintain the decision to return the lawsuit petition;

b) Accept the returned complaint and accompanying documents and evidence to proceed with the acceptance of the case.

3. Within seven working days from the date of receiving the decision responding to the complaint or recommendation regarding the return of the complaint from the Chief Judge of the court, the plaintiff has the right to lodge a complaint, and the People's Procuracy has the right to make a recommendation to the Chief Judge of the higher-level court to examine and resolve.

4. Within ten working days from the date of receiving the complaint or recommendation regarding the return of the complaint, the Chief Judge of the higher-level court must issue one of the following decisions:

a) Maintain the decision to return the lawsuit petition;

b) Require the first-instance court to accept back the lawsuit petition and accompanying documents and evidence to proceed with the case acceptance process.

The decision resolving the complaint or recommendation of the Chief Judge of the higher-level court is the final decision. The decision of the Chief Judge of the higher-level court must be immediately sent to the plaintiff, the same-level People's Procuracy, the People's Procuracy that made the recommendation, and the court that issued the decision to return the complaint."

26. Article 176 is amended and supplemented as follows:

"Article 176. The defendant's right to counterclaim

1. Along with submitting to the court a document expressing their opinion on the plaintiff's request, the defendant has the right to counterclaim against the plaintiff, or a person with independent claims related to the rights and obligations.

2. The defendant's counterclaim against the plaintiff or a person with independent claims related to the rights and obligations will be accepted in one of the following cases:

a) The counterclaim is to offset the obligation with the plaintiff's request or the independent claim of a related person;

b) Acceptance of the counterclaim leads to the rejection of part or all of the plaintiff's request or the independent claim of a related person;

c) Maintaining the counterclaim and the plaintiff's request or the independent claim of a related person are related, and if resolved in the same case, it will make the resolution of the case more accurate and faster.

3. The defendant may raise a counterclaim before the court issues a decision to commence the trial."

27. Article 177 is amended and supplemented as follows:

"Article 177. The right of a person with related rights and obligations to file an independent claim

1. In cases where a person with related rights and obligations does not participate in the proceedings with the plaintiff or the defendant, they have the right to file an independent claim when the following conditions are met:

a) The resolution of the case is related to their rights and obligations;

b) Their independent claim is related to the ongoing case;

c) Resolving their independent claim in the same case makes the resolution of the case more accurate and faster.

2. Subjects with rights and obligations related to the case have the right to raise independent claims before the Court issues a decision to initiate the trial at first instance.

28. Article 184 shall be amended and supplemented as follows:

"Article 184. Composition of the mediation session

1. The presiding judge chairs the mediation session.

2. The court clerk records the mediation minutes.

3. The parties or their legally authorized representatives.

In cases involving multiple parties where some parties are absent but the present parties still agree to proceed with mediation and such mediation does not affect the rights and obligations of the absent parties, the judge conducts mediation among the present parties; if the parties request postponement of the mediation session to ensure the presence of all parties involved, the judge must postpone the mediation session. The judge informs the parties about the postponement and the rescheduling of the mediation session.

4. If necessary, the judge may request individuals, agencies, or organizations related to the case to participate in the mediation session.

5. An interpreter, if the parties do not know Vietnamese."

29. Add Article 185a as follows:

"Article 185a. Mediation procedure

1. Before commencing mediation, the court clerk reports to the presiding judge on the attendance or absence of those who were notified to attend the mediation session. The presiding judge verifies the attendance and identity of those participating in the mediation session.

2. The presiding judge conducts the mediation session according to the mediation content stipulated in Article 185 of this Code.

3. The parties or their legally authorized representatives present their views on the disputed matters and propose issues for mediation.

4. The presiding judge identifies the issues agreed upon by both sides, the unresolved issues, and requests the parties to provide additional information on unclear or unresolved matters.

5. The presiding judge concludes on the resolved issues and unresolved issues."

30. Article 189 shall be amended and supplemented as follows:

"Article 189. Suspension of civil case proceedings

1. The party is an individual who has died, or an agency or organization that has merged, split, separated, or been dissolved without a successor to inherit the litigation rights and obligations.

2. The party is an individual who has lost capacity to act in civil matters and whose legal representative has not been determined.

3. Termination of the legal representation of the party without a replacement.

4. Need to await the resolution of another related case or matter that must be resolved by another agency or organization before proceeding with the case.

5. Need to await the completion of judicial commissioning or the provision of documents and evidence by an agency or organization as requested by the Court before resolving the case, but the resolution period has expired.

6. Other cases as prescribed by law."

31. Article 192 shall be amended and supplemented as follows:

"Article 192. Discontinuation of civil case proceedings

1. After accepting a case within its jurisdiction, the Court shall issue a decision to discontinue civil case proceedings in the following cases:

a) The plaintiff or defendant is an individual who has died and their rights and obligations are not inherited;

b) An agency or organization has been dissolved or declared bankrupt without a successor to inherit the litigation rights and obligations;

c) The claimant withdraws the lawsuit and it is accepted by the Court or the claimant does not have the right to sue;

d) An agency or organization withdraws the initiating document in the absence of a plaintiff or when the plaintiff requests discontinuation of the case;

đ) The parties have reached an agreement and do not request the Court to continue resolving the case;

e) The plaintiff was properly summoned twice but remains absent, except in cases where the person has requested resolution in absentia or due to force majeure;

g) There is a decision by the Court to commence bankruptcy proceedings against a business or cooperative that is a party to the case, and the resolution of the case is related to the obligations or assets of that business or cooperative;

h) The statute of limitations for filing a lawsuit has expired;

i) Cases as provided in Clause 1 of Article 168 of this Code which the Court has accepted;

k) Other cases as prescribed by law.

2. When issuing a decision to discontinue civil case proceedings, the Court removes the case from the registry and returns the lawsuit document and accompanying materials to the parties if requested."

32. Article 193 shall be amended and supplemented as follows:

"Article 193. Consequences of discontinuing civil case proceedings

1. When there is a decision to discontinue civil case proceedings, the parties do not have the right to file a lawsuit requesting the Court to resolve the same civil case again, unless the new lawsuit differs from the previous one regarding the plaintiff, defendant, and the legal relationship in dispute, except for the cases specified in Clause 3 of Article 168, Points c, e, and g of Clause 1 of Article 192 of this Code, and other cases as prescribed by law.

2. In cases where the Court issues a decision to discontinue civil case proceedings as provided in Points a, b, d, đ, e, and k of Clause 1 of Article 192 of this Code, the advance payment made by the parties will be transferred to the state treasury.

3. In cases where the Court issues a decision to discontinue civil case proceedings as provided in Points c, g, h, and i of Clause 1 of Article 192 of this Code, the advance payment made by the parties will be refunded to them.

4. A decision to discontinue civil case proceedings can be appealed or protested through appellate procedures."

33. Article 195 shall be amended and supplemented as follows:

"Article 195. Decision to Initiate Case for Trial

1. The decision to initiate a case for trial must include the following main contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) The case is initiated for trial;

d) Name and address of the plaintiff, defendant, or other person initiating the lawsuit, and persons with related rights and obligations;

đ) Name and title of the presiding judge, people's assessor, court clerk, and name and title of the substitute presiding judge and people's assessor, if any;

e) Name and title of the procurator participating in the hearing, substitute procurator, if any;

g) Date, time, month, year, and location of the hearing;

h) Public or private hearing;

i) Names of those summoned to attend the hearing.

2. The decision to initiate a case for trial must be sent to the parties and the same-level procuratorate immediately after issuance."

Where the People's Procuratorate participates in the trial session according to the provisions of Clause 2, Article 21 of this Code, the Court must send the case file to the same-level People's Procuratorate; within fifteen days from the date of receiving the file, the People's Procuratorate must study it and return the file to the Court.

34. Article 199 is amended and supplemented as follows:

"Article 199. The presence of the parties, their representatives, and those protecting the legitimate rights and interests of the parties

1. In the first valid summons, the parties or their representatives, and those protecting the legitimate rights and interests of the parties must be present; if there is anyone absent, the Bench shall postpone the trial session, except in cases where that person has submitted a request for judgment in absentia.

The Court shall notify the parties, their representatives, and those protecting the legitimate rights and interests of the parties about the postponement of the trial session.

2. In the second valid summons, the parties or their representatives, and those protecting the legitimate rights and interests of the parties must be present at the trial session; if they are absent without force majeure, the following measures shall be taken:

a) If the plaintiff or their legal representative is absent without another representative participating in the trial session, it shall be deemed as abandoning the lawsuit, and the Court shall issue a decision to suspend the resolution of the case regarding the lawsuit initiated by that person, except in cases where that person has submitted a request for judgment in absentia. The plaintiff retains the right to initiate the lawsuit again if the statute of limitations still applies;

b) If the defendant or those with related rights and obligations without independent claims are absent without a representative participating in the trial session, the Court shall proceed with the judgment in absentia;

c) If those with related rights and obligations with independent claims are absent without a representative participating in the trial session, it shall be deemed as abandoning their independent claims, and the Court shall decide to suspend the resolution of the case regarding those independent claims, except in cases where that person has submitted a request for judgment in absentia. Those with related rights and obligations with independent claims retain the right to initiate the lawsuit again regarding those independent claims if the statute of limitations still applies;

d) If those protecting the legitimate rights and interests of the parties are absent, the Court shall still proceed with the judgment in absentia."

35. Article 202 is amended and supplemented as follows:

"Article 202. Judgment in the absence of the parties or those protecting the legitimate rights and interests of the parties

The Court shall continue to conduct the trial in the following cases:

1. The plaintiff, defendant, those with related rights and obligations, and their representatives are absent from the trial session but have submitted a request to the Court for judgment in absentia;

2. The plaintiff, defendant, or those with related rights and obligations are absent from the trial session but have a representative participating in the trial session;

3. Cases stipulated in points b and d, Clause 2, Article 199 of this Code."

36. Article 208 is amended and supplemented as follows:

"Article 208. Time limit for postponing the trial session and decision on postponing the trial session

1. In cases where the Bench decides to postpone the trial session according to the provisions of Clause 2, Article 51, Clause 2, Article 72, Articles 199, 204, 205, 206, 207, 215, Clause 4, Article 230, and other cases as provided for in this Code, the time limit for postponing the trial session at the first instance level shall not exceed thirty days, counted from the date of issuing the decision to postpone the trial session.

2. The decision to postpone the trial session must include the following main contents:

a) Date of issuance of the decision;

b) Name of the Court and the names of those conducting the proceedings;

c) The case is initiated for trial;

d) Reason for postponing the trial session;

d) Time and place to resume the trial session.

3. The decision to postpone the trial session must be signed by the presiding judge representing the Bench and publicly notified to those involved in the proceedings; for those who are absent, the Court must immediately send them the decision and simultaneously send it to the same-level People's Procuratorate.

4. In cases where, after postponing the trial session, the Court cannot resume the trial session at the time and place specified in the decision to postpone the trial session, the Court must immediately notify the same-level People's Procuratorate and those involved in the proceedings about the new time and place to resume the trial session."

37. Article 234 is amended and supplemented as follows:

"Article 234. Statement of the Prosecutor

1. After the participants in the proceedings have completed their statements and responses, the Prosecutor makes a statement regarding the compliance with procedural laws during the process of resolving the case by the Judge and the Bench; the compliance with laws by the civil participants in the proceedings, from the time the case was accepted until before the Bench deliberates the judgment.

2. The Supreme People's Procuracy shall take the lead in coordinating with the Supreme People's Court to guide the implementation of this provision."

38. Article 257 is amended and supplemented as follows:

"Article 257. Acceptance of the case for appellate review

1. Immediately upon receipt of the case file, appeal, protest, and accompanying documents and evidence, the Appellate Court must record the acceptance in the register.

Within three working days from the date of accepting the case, the Court must notify the parties and the same-level People's Procuratorate in writing about the Court's acceptance of the case.

2. The President of the Appellate Court or the Chief Judge of the Appellate Division of the Supreme People's Court shall establish the Appellate Bench and assign a Judge to preside over the trial session."

39. Article 260 is amended and supplemented as follows:

"Article 260. Suspension of appellate review of the case

1. The Appellate Court shall decide to suspend the appellate review of the case or part of the case in the following circumstances:

a) In the circumstances stipulated in point a and point b, Clause 1, Article 192 of this Code;

b) The appellant withdraws the entire appeal or the People's Procuracy withdraws the entire protest;

c) The appellant withdraws part of the appeal or the People's Procuracy withdraws part of the protest;

d) Other cases as prescribed by law.

2. In cases where the appellant withdraws the entire appeal or the People's Procuracy withdraws the entire protest before the Appellate Court issues a decision to bring the case to appellate review, the Judge assigned to preside over the trial session shall issue a decision to suspend the appellate review; in cases where the appellant withdraws the entire appeal or the People's Procuracy withdraws the entire protest after the Appellate Court has issued a decision to bring the case to appellate review, the Appellate Bench shall issue a decision to suspend the appellate review."

In these cases, the judgment or decision of the first-instance court becomes legally binding from the day the appellate court issues a decision to suspend the appellate trial.

3. If the appellant withdraws part of the appeal or the Public Prosecutor withdraws part of the protest, the Appellate Court shall assess the withdrawal of the appeal or protest and decide to suspend the trial of that part in the appellate judgment.

40. Article 262 is amended and supplemented as follows:

"Article 262. Transfer of case file for the Public Prosecutor's Office to study

1. After issuing a decision to bring the case for trial, the appellate court must transfer the case file to the same-level Public Prosecutor's Office for study.

2. The time limit for the same-level Public Prosecutor's Office to study the file is fifteen days from the date of receipt of the case file; upon expiration of this period, the Public Prosecutor's Office must return the case file to the court."

41. Article 264 is amended and supplemented as follows:

"Article 264. Participants in the appellate hearing

1. The appellant, parties, individuals, agencies, organizations related to the resolution of the appeal or protest, and those representing the legitimate rights and interests of the parties must be summoned to participate in the hearing. The court may summon other participants in the proceedings if it deems necessary for resolving the appeal or protest.

2. A prosecutor from the same-level Public Prosecutor's Office must participate in the appellate hearing."

42. Article 266 is amended and supplemented as follows:

"Article 266. Postponement of the appellate hearing

1. If a prosecutor participating in the hearing is absent, the hearing must be postponed.

2. If the appellant, a non-appellant with a vested interest in the appeal or protest, or their representative is properly summoned for the first time but is absent, the hearing must be postponed. In the case where the person who requested the hearing is absent, the court will proceed with the appellate hearing in their absence.

3. If the appellant, another participant in the proceedings who is not the appellant, or their representative is properly summoned for the second time but is absent, whether to postpone the hearing, suspend the appellate trial, or continue the appellate trial shall be carried out according to the provisions of Articles 199, 202, 204, 205, and 206 of this Code.

4. The postponement period and the decision to postpone the appellate hearing shall be implemented according to the provisions of Article 208 of this Code."

43. Article 271 is amended and supplemented as follows:

"Article 271. Hearing the statements of the parties and the prosecutor at the appellate hearing

1. Where a party still maintains the appeal or the Public Prosecutor still maintains the protest, the Appellate Court shall begin the trial by hearing the statements of the parties and the prosecutor in the following order:

a) The representative of the party's legitimate rights and interests who appeals presents the content of the appeal and its grounds. The appellant has the right to supplement their opinion.

If all parties appeal, the presentation will be made in the following order: the representative of the plaintiff's legitimate rights and interests and the plaintiff; the representative of the defendant's legitimate rights and interests and the defendant; the representative of the legitimate rights and interests of the interested party and the interested party.

If only the Public Prosecutor protests, the prosecutor presents the content of the protest and its grounds. If there is both an appeal and a protest, the parties present the content of the appeal and its grounds first, followed by the prosecutor presenting the content of the protest and its grounds;

b) The representatives of other parties related to the appeal or protest present their opinions on the content of the appeal or protest. The parties have the right to supplement their opinions.

2. If a party does not have a representative of their legitimate rights and interests, they themselves present their opinions on the content of the appeal or protest and their requests.

3. At the appellate hearing, the parties and the prosecutor have the right to submit additional evidence."

44. Supplement Article 273a as follows:

"Article 273a. Statement of the prosecutor at the appellate hearing

After the participants in the proceedings have completed their arguments and responses, the prosecutor makes a statement regarding the Public Prosecutor's Office's opinion on the compliance with the law during the civil case resolution process at the appellate stage."

45. Article 275 is amended and supplemented as follows:

"Article 275. Powers of the Appellate Court

The Appellate Court has the following powers:

1. To uphold the first-instance judgment;

2. To amend the first-instance judgment;

3. To annul the first-instance judgment, partially annul the first-instance judgment, and transfer the case file to the first-instance court for re-examination of the case;

4. To annul the first-instance judgment and terminate the case."

46. Article 277 is amended and supplemented as follows:

"Article 277. Annulment of the first-instance judgment, partial annulment of the first-instance judgment, and transfer of the case file to the first-instance court for re-examination of the case

The Appellate Court shall annul the first-instance judgment, partially annul the first-instance judgment, and transfer the case file to the first-instance court for re-examination of the case when it falls under one of the following circumstances:

1. Evidence collection and presentation do not comply with the provisions of Chapter VII of this Code or have not been fully carried out and cannot be supplemented at the appellate hearing;

2. The composition of the first-instance court does not comply with the provisions of this Code or there are serious violations of procedural rules."

47. Article 284 is amended and supplemented as follows:

"Article 284. Discovery of a judgment or decision of the court that has become legally binding and needs to be reviewed through the supervisory procedure

1. Within one year from the date the judgment or decision of the court becomes legally binding, if a violation of the law is discovered in that judgment or decision, the party has the right to request in writing from those persons authorized to lodge a protest under Article 285 of this Code to review and lodge a protest through the supervisory procedure."

2. In case the Court, the Prosecutor's Office, or other individuals, agencies, or organizations discover any violation of the law in a judgment or decision of the Court that has taken legal effect, they must notify in writing to the person entitled to lodge a protest as prescribed in Article 285 of this Code.

48. Supplement Article 284a and Article 284b as follows:

"Article 284a. Petition for review of judgments and decisions of the Court that have taken legal effect through the supervisory procedure

1. The petition must contain the following main contents:

a) Date of submission of the petition;

b) Name and address of the petitioner;

c) Name of the judgment or decision of the Court that has taken legal effect to be reviewed through the supervisory procedure;

d) Reasons for the petition and requests of the petitioner;

đ) If the petitioner is an individual, he/she must sign or affix his/her fingerprint; if the petitioner is an agency or organization, the legal representative of such agency or organization must sign and stamp at the end of the petition.

2. The petitioner must submit along with the petition the judgment or decision of the Court that has taken legal effect, evidence, and documents to prove the validity of his/her request.

3. The petition and supporting documents shall be sent to the person entitled to lodge a protest under the supervisory procedure as prescribed in Article 285 of this Code.

Article 284b. Procedure for receiving and reviewing petitions for review of judgments and decisions of the Court that have taken legal effect through the supervisory procedure

1. The Court or the Prosecutor's Office shall record the receipt of the petition submitted directly by the parties to the Court or the Prosecutor's Office or sent by post in the petition registration book. The date of submission of the petition is calculated from the date the party submits the petition to the Court or the Prosecutor's Office or the date the post office stamps the envelope.

2. Upon receipt of the petition, the Court or the Prosecutor's Office must issue a confirmation of receipt to the party.

3. The person entitled to lodge a protest under the supervisory procedure shall be responsible for assigning staff to study the petition, the case file, and report to the person entitled to lodge a protest for consideration and decision. In case there is no protest, it must be notified in writing to the party.

4. The Supreme People's Court and the Supreme People's Procuratorate shall guide the procedures for receiving and handling petitions for review of judgments and decisions of the Court that have taken legal effect through the supervisory procedure."

49. Amend and supplement Article 288 as follows:

"Article 288. Time limit for lodging a protest under the supervisory procedure

1. The person entitled to lodge a protest under the supervisory procedure may lodge a protest within three years from the date the judgment or decision of the Court takes legal effect, except in cases provided for in Clause 2 of this Article.

2. In cases where the time limit for lodging a protest as prescribed in Clause 1 of this Article has expired but the following conditions are met, the time limit for lodging a protest may be extended by two additional years from the date the time limit expires:

a) The party has submitted a petition as prescribed in Clause 1 of Article 284 of this Code, and after the expiration of the time limit for lodging a protest as prescribed in Clause 1 of this Article, the party continues to submit a petition;

b) The judgment or decision of the Court that has taken legal effect violates the law as prescribed in Article 283 of this Code, seriously infringing upon the legitimate rights and interests of the party, third parties, and the interests of the State, and requires a protest to correct the errors in the judgment or decision that has taken legal effect."

50. Amend and supplement Article 297 as follows:

"Article 297. Powers of the Supervisory Board

The Supervisory Board has the following powers:

1. Not accepting the protest and maintaining the judgment or decision of the Court that has taken legal effect;

2. Annul the judgment or decision of the Court that has taken legal effect and maintain the correct judgment or decision of the lower court that was annulled or amended;

3. Annul part or all of the judgment or decision of the Court that has taken legal effect for retrial at first instance or appeal;

4. Annul the judgment or decision of the Court that tried the case and terminate the proceedings."

51. Amend and supplement Article 299 as follows:

"Article 299. Annulment of part or all of the judgment or decision of the Court that has taken legal effect which is protested for retrial at first instance or appeal

The Supervisory Board issues a decision to annul part or all of the judgment or decision of the Court that has taken legal effect which is protested for retrial at first instance or appeal in the following cases:

1. Evidence collection and proof were not fully carried out or not in accordance with the provisions of Chapter VII of this Code;

2. The conclusion in the judgment or decision does not correspond to the objective circumstances of the case or there is a serious error in the application of the law;

3. The composition of the panel of judges at the first instance or appeal did not comply with the provisions of this Code or there were other serious violations of procedural rules."

52. Supplement Chapter XIXa as follows:

"PART XIXa

SPECIAL PROCEDURE FOR REVIEWING THE DECISION OF THE APPELLATE BOARD OF THE SUPREME PEOPLE'S COURT"

Article 310a. Requests, Suggestions, and Proposals to Reconsider Decisions of the Supreme People's Court's Judicial Council

1. When there is evidence to determine that the decision of the Supreme People's Court's Judicial Council seriously violates the law or newly discovered circumstances that could fundamentally change the content of the decision which the parties were unaware of at the time the decision was made, if there is a request from the Standing Committee of the National Assembly, a suggestion from the National Assembly's Committee on Legal Affairs, a suggestion from the Procurator General of the Supreme People's Procuracy, or a proposal from the President of the Supreme People's Court, then the Supreme People's Court's Judicial Council shall reconsider such decision.

2. In cases where there is a request from the Standing Committee of the National Assembly, the President of the Supreme People's Court shall be responsible for reporting to the Supreme People's Court's Judicial Council to reconsider the decision of the Supreme People's Court's Judicial Council.

3. In cases where there is a suggestion from the National Assembly's Committee on Legal Affairs, a suggestion from the Procurator General of the Supreme People's Procuracy, or the President of the Supreme People's Court discovers violations or new circumstances, the President of the Supreme People's Court shall be responsible for reporting to the Supreme People's Court's Judicial Council to consider the suggestions and proposals.

If the Supreme People's Court's Judicial Council agrees with the suggestion from the National Assembly's Committee on Legal Affairs, the suggestion from the Procurator General of the Supreme People's Procuracy, or the proposal from the President of the Supreme People's Court, then the Supreme People's Court's Judicial Council shall issue a decision assigning the President of the Supreme People's Court to organize the study of the case file, report to the Supreme People's Court's Judicial Council for consideration and decision. If the Supreme People's Court's Judicial Council does not agree with the suggestions or proposals, they must notify in writing and specify the reasons.

4. The meeting of the Supreme People's Court's Judicial Council to consider suggestions and proposals as stipulated in Clause 3 of this Article must have the attendance of the Procurator General of the Supreme People's Procuracy.

Article 310b. Procedures and Authority to Reconsider Decisions of the Supreme People's Court's Judicial Council

1. The President of the Supreme People's Court shall be responsible for organizing the study of the case file, verification, collection of materials and evidence, and reporting to the Supreme People's Court's Judicial Council to reconsider the decision of the Supreme People's Court's Judicial Council within four months from the date of receiving the request from the Standing Committee of the National Assembly as stipulated in Clause 2 of Article 310a of this Code or from the date of the decision of the Supreme People's Court's Judicial Council as stipulated in Clause 3 of Article 310a of this Code.

2. The meeting of the Supreme People's Court's Judicial Council must have the attendance of the Procurator General of the Supreme People's Procuracy. If necessary, the Supreme People's Court may invite individuals, agencies, or organizations related to attend the meeting.

3. After hearing the report from the President of the Supreme People's Court, hearing the opinions of the Procurator General of the Supreme People's Procuracy, and of individuals, agencies, or organizations invited to attend, if any, the Supreme People's Court's Judicial Council shall issue a decision to revoke the decision of the Supreme People's Court's Judicial Council that seriously violates the law or has new important circumstances that fundamentally change the content of the decision of the Supreme People's Court's Judicial Council; revoke judgments and decisions of lower courts that have become legally binding and seriously violate the law or have new important circumstances that fundamentally change the content of the judgment or decision, and depending on each case, decide as follows:

a) Revoke the decision of the Supreme People's Court's Judicial Council, revoke judgments and decisions that have become legally binding, and decide on the substance of the case.

b) Revoke the decision of the Supreme People's Court's Judicial Council, revoke judgments and decisions that have become legally binding and violate the law, and determine the liability for compensation of damages of the Supreme People's Court for serious violations caused by negligence or intent and causing damage to the parties, or determine the responsibility for returning the value of property according to the law.

c) Revoke the decision of the Supreme People's Court's Judicial Council, revoke judgments and decisions that have become legally binding and violate the law to transfer the case file to the lower court for resolution according to the law.

4. The decision of the Supreme People's Court's Judicial Council must be approved by at least three-quarters of the total number of members of the Supreme People's Court's Judicial Council.

5. The Supreme People's Court shall take the lead in coordinating with the Supreme People's Procuracy to guide the implementation of this provision.”

53. Article 311 is amended and supplemented as follows:

“Article 311. Scope of Application

Courts apply the provisions of this Chapter, while also applying other provisions of this Code that do not conflict with the provisions of this Chapter to resolve civil matters specified in Clauses 1, 2, 3, 4, 6, 7, and 8 of Article 26, Clauses 1, 2, 3, 4, 5, and 7 of Article 28, Clause 1 and Clause 4 of Article 30, and Clause 3 of Article 32 of this Code.

Civil matters are those involving individuals, agencies, or organizations without disputes but requesting the court to recognize or not recognize a legal fact as a basis for generating civil rights and obligations, marriage and family rights and obligations, business and trade rights and obligations, labor rights and obligations for themselves or for other individuals, agencies, or organizations; requesting the court to recognize their own civil rights and obligations, marriage and family rights and obligations, business and trade rights and obligations, labor rights and obligations.”

54. Add Article 313a as follows:

“Article 313a. Decision on Changing the Investigative Proceedings Personnel when Resolving Civil Matters

1. Before convening a session, the change and appointment of Judges and Secretaries of the Court handling the civil matter shall be decided by the President of the Court handling the civil matter; if the Judge being changed is the President of the Court handling the civil matter, the change shall be decided by the President of the higher-level Court.

2. The change of the Judge during the session resolving a civil matter shall be carried out as follows:

a) In the case where a civil matter is resolved by a Judge, the replacement of the Judge shall be decided by the Chief Judge of the court resolving the civil matter; if the replaced Judge is the Chief Judge of the court resolving the civil matter, the replacement shall be decided by the Chief Judge of the higher-level court directly overseeing that court.

b) In the case where a civil matter is resolved by a Civil Matter Resolution Panel consisting of three Judges, the replacement of members of the Panel shall be decided by the Civil Matter Resolution Panel.

3. Prior to convening a session and during the session, the replacement and appointment of the Prosecutor shall be decided by the Chief Prosecutor of the same-level Prosecution Office; if the replaced Prosecutor is the Chief Prosecutor, the replacement shall be decided by the Chief Prosecutor of the higher-level Prosecution Office directly overseeing that office.

55. Article 314 is amended and supplemented as follows:

"Article 314. Procedure for convening a session to resolve civil matters

1. The procedure for convening a session to resolve civil matters shall proceed as follows:

a) The Court Clerk reports on the presence or absence of participants in the session;

b) The Judge opens the session, checks the presence or absence of those summoned to participate in the session and their identification, explains the rights and obligations of the participants in the session;

c) The representative of the person requesting the resolution, the person requesting, or their lawful representative presents specific issues requested to be resolved by the Court, the reasons, purpose, and basis for requesting the Court to resolve the civil matter;

d) The representative of the person with related rights and obligations, the person with related rights and obligations, or their lawful representative presents their opinions on issues related to the rights and obligations of the person with related rights and obligations in resolving the civil matter;

đ) The witness presents their opinion; the expert presents the expert conclusion, explains issues that are unclear or contradictory;

e) The Judge examines evidence and documents;

g) The Prosecutor expresses the opinion of the Prosecution Office on resolving the civil matter;

h) The Judge considers and decides to accept or not accept the request to resolve the civil matter.

2. In cases where there is an absent participant, the Judge shall announce the statements, evidence, and documents provided by that person or previously given to the Court.

56. Add Articles 339a, 339b, and 339c as follows:

"Article 339a. Petition to Declare a Notarized Document Void

1. A Notary who has performed the notarization, the person who requested the notarization, the witness, the person with related rights and interests, or a competent state agency has the right to request the Court to declare a notarized document void when there is evidence indicating that the notarization violates the law according to the provisions of the Law on Notarization.

2. The petition requesting the Court to declare a notarized document void must contain the contents stipulated in Clause 2 of Article 312 of this Code.

3. Accompanying the petition requesting the Court to declare a notarized document void are documents and evidence to prove that the petition to declare the notarized document void is based on facts and is lawful.

Article 339b. Preparation for Examining the Petition to Declare a Notarized Document Void

1. The preparation period for examining the petition to declare a notarized document void is thirty days from the date the Court accepts the petition; upon expiration of this period, the Court must issue a decision to convene a session to examine the petition.

2. After accepting the petition to declare a notarized document void, the Court with jurisdiction shall immediately notify the Notary Office, Notary Public Office, or Notary who performed the notarization, the person who requested the notarization, the person with related rights and interests, the competent state agency, and the same-level Prosecution Office.

3. During the preparation period, if the petitioner withdraws the petition, the Court shall issue a decision to terminate the examination of the petition.

4. Within fifteen days from the date of issuing the decision to convene a session, the Court must convene a session to examine the petition.

Article 339c. Decision declaring notarized documents void

1. The court may accept or refuse to accept a request to declare a notarized document void.

2. In case of accepting the request, the court shall issue a decision declaring the notarized document void, and in this decision, the court must decide on the legal consequences of declaring the notarized document void in accordance with the provisions of the law.

57. Article 340 is amended and supplemented as follows:

"Article 340. Civil matters related to the activities of the Vietnam Commercial Arbitration Association within the jurisdiction of the court

1. Appointment, change of arbitrator.

2. Application, change, revocation of interim emergency measures.

3. Annulment of arbitral award.

4. Resolution of complaints about the arbitral tribunal's decision regarding the invalidity of the arbitration agreement, the impossibility of implementing the arbitration agreement, the jurisdiction of the arbitral tribunal.

5. Gathering evidence.

6. Summoning witnesses.

7. Registration of arbitral award.

8. Other civil matters prescribed by the Law on Commercial Arbitration of Vietnam."

58. Article 375 is amended and supplemented as follows:

"Article 375. Court judgments and decisions subject to enforcement

1. Civil judgments and decisions of the court that are subject to enforcement are those judgments and decisions that have become legally binding, including:

a) Judgments, decisions, or parts of judgments, decisions of the first-instance court that are not appealed or protested according to the appellate procedure;

b) Judgments, decisions of the appellate court;

c) Decisions of the cassation or re-trial proceedings of the court; decisions made under special procedures by the Supreme People's Court's Plenum as provided for in Article 310b of this Code;

d) Civil judgments, decisions of foreign courts, foreign arbitral awards that have been recognized and enforced in Vietnam by a Vietnamese court.

2. The following judgments and decisions of the first-instance court are immediately enforceable even though they may be appealed or protested:

a) Judgments, decisions concerning maintenance, payment for labor services, reinstatement of employees, payment of wages, unemployment benefits, social insurance, or compensation for damage to life, health, or mental distress of citizens;

b) Decisions applying interim emergency measures."

59. Abolish Articles 200, 201, 203, 376, 377, 378, 379, and 383.

Article 2.

1. This Law takes effect from January 1, 2012.

2. The Government, the Supreme People's Court, and the Supreme People's Procuracy shall guide the implementation of this Law within their respective functions and powers.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, ninth meeting, on March 29, 2011./.