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As the highest authority responsible for upholding justice and protecting the rights of individuals and organizations in Vietnam, the resolution of disputes in court not only requires fairness and transparency but also reflects the legal system’s understanding and flexible handling of complex societal issues.
For many individuals and organizations, the court represents the last hope for protecting their rights, honor, and dignity. Therefore, understanding the dispute resolution process at the court is extremely important for safeguarding one’s rights and interests during the dispute resolution process.
Based on this, the following article will analyze the dispute resolution process at Vietnamese courts, including key points about the statute of limitations, the filing process, case acceptance, mediation, and trial.
Statute of Limitations for Filing a Lawsuit
The statute of limitations for filing a lawsuit is one of the fundamental yet crucial factors that parties in a dispute and judicial authorities need to be aware of. This is because not understanding the regulations regarding the statute of limitations can lead to missing the legal time frame for filing a lawsuit or making a claim.
According to Clause 3, Article 150 of the Civil Code 2015 No. 91/2015/QH13 (“Civil Code 2015“), the statute of limitations for filing a lawsuit is the period during which a party is entitled to file a claim to the court to resolve a civil case to protect their infringed legal rights and interests; if this period ends, the right to file a lawsuit is lost.
Clause 1, Article 184 of the Civil Procedure Code 2015 No. 92/2015/QH13 (“Civil Procedure Code 2015“) also stipulates that the statute of limitations for filing a lawsuit and for requesting civil case resolution is governed by the Civil Code.
Within the statute of limitations, one of the disputing parties has the right to file a lawsuit to the court to resolve the case according to legal regulations to protect their legal rights and interests. Once the statute of limitations has expired, the court will not accept the lawsuit for resolution due to the expiration of the statute of limitations.
The Civil Code 2015 and the Civil Procedure Code 2015 do not have a general provision about the duration of the statute of limitations but only state that the statute of limitations for a civil case is calculated from the date the party entitled to request becomes aware or should have become aware of the infringement of their legal rights and interests, unless otherwise provided by law.
The statute of limitations for different types of disputes also varies. For example, Article 319 of the Commercial Law 2005 No. 36/2005/QH11 stipulates that the statute of limitations for commercial disputes is two years from the time the legal rights and interests are infringed, while Article 588 of the Civil Code 2015 stipulates a three-year statute of limitations for claiming damages. In insurance contract disputes, the statute of limitations is three years from the time the dispute arises, according to Article 30 of the Insurance Business Law 2000 No. 24/2000/QH10, as amended in 2010.
Therefore, when needing to file a lawsuit to protect legal rights and interests, parties must pay attention to identifying the type of dispute and research the corresponding statute of limitations to avoid potential risks when filing a lawsuit in court.
Additionally, when filing a lawsuit, parties should consider the timing of the dispute and the timing of submitting the request to the court, as well as the time the court accepts and resolves the case.
For example, the regulations on the statute of limitations in the Civil Code 2015 and the Civil Procedure Code 2015 took effect from January 1, 2017. However, if the court has received a party’s lawsuit before this date but has not yet resolved it or is still in the process of resolving it, the court will still apply the statute of limitations and procedural regulations of the Civil Procedure Code 2011 No. 65/2011/QH12 (“Civil Procedure Code 2011“) and the Civil Code 2005 No. 33/2005/QH11 (“Civil Code 2005“) for resolution.
For example, if a dispute arose in 2010 but the party only filed the lawsuit in 2014, the case should be resolved according to the regulations of the Civil Code 2005 and the Civil Procedure Code 2011, even if the court officially resolves the case after 2017.
In cases where one party files a lawsuit outside the statute of limitations, the other party may request the court to apply the statute of limitations to suspend the case resolution according to Point e, Clause 1, Article 217 of the Civil Procedure Code 2015.
Considerations During the Filing Process
Filing a lawsuit is the initial step in a lengthy and costly litigation process. Therefore, ensuring the accuracy of the lawsuit petition is particularly important to protect the plaintiff’s infringed rights and interests.
Proper preparation for the litigation process will help the plaintiff stay closely involved in the case and understand their chances of success through effective litigation strategies throughout a potentially extended legal battle.
Some considerations for plaintiffs during the filing process include:
Court Jurisdiction: Typically, plaintiffs file their lawsuit at the court with jurisdiction over the defendant’s primary place of business if the defendant is an organization, or the defendant’s place of residence if the defendant is an individual.
However, given that litigation is a prolonged process often requiring multiple interactions with the court over several years, choosing a court close to the plaintiff’s residence or regular activities is a practical solution. This choice not only saves time and travel costs but also allows the plaintiff to actively manage and monitor the case, even when represented by or receiving support from law firms.
Case Filing Documentation: Plaintiffs must ensure that their documentation, including but not limited to the lawsuit petition, evidence proving the right to sue, and authorization letters for legal representatives, is accurate and complete.
Notably, the organization and selection of documents to submit to the court can also be part of the plaintiff’s strategy. In cases with a high likelihood of success, submitting all available documents and evidence to the court may be an effective way to pressure the defendant. Conversely, providing too many “trump cards” could give the defendant time to prepare counterarguments if the evidence is not entirely clear.
Submitting an excessive amount of documentation at once can also burden the judicial system, as judges may spend more time sifting through documents and potentially overlook or fail to deeply analyze crucial issues affecting the case outcome. Expecting judges to read and analyze every page of a large volume of documents is unrealistic.
Thus, selecting and focusing on essential documents relevant to the case is crucial. Plaintiffs may consider consulting experienced law firms in litigation to assist with this process.
Requesting Evidence Collection: In some cases, parties may request the court to collect evidence that they cannot access, such as sensitive documents related to the defendant’s bank accounts, which are protected by banking confidentiality. The court may be asked to apply urgent temporary measures, such as freezing bank accounts or state treasury assets, to prevent asset dissipation.
Withdrawing or Adding Claims: Plaintiffs need to be mindful of decisions to withdraw or add claims after filing the initial petition. Withdrawing claims is generally straightforward and can be done quickly. However, adding claims can be particularly complex as it may require redoing almost all procedural steps already completed. Difficulties include arranging mediation sessions between parties on additional claims, which may not achieve cooperation from the defendant and other involved parties.
Thus, a common strategy is for plaintiffs to initially present all reasonable claims they can think of and later withdraw less likely claims instead of filing only key claims and potentially missing out on additional important ones.
Court Case Acceptance: Article 5, Clause 1 of the Civil Procedure Code 2015 states that the court will only accept and resolve a civil case if there is a lawsuit petition or request from the parties, and it will only resolve the case within the scope of the petition or request.
Organizations, institutions, and individuals have the right to file a lawsuit at the competent court either personally or through a legal representative to protect their legal rights and interests. Unlike criminal cases, civil cases do not proceed without a request from the parties involved.
This requirement ensures democratic principles and emphasizes cooperation and dispute resolution between parties without necessarily resorting to litigation, unlike criminal cases with higher danger levels that threaten societal stability.
After receiving the petition and accompanying documents and evidence, the judge at the court will review the petition and decide whether to request amendments, accept the case, transfer the petition to the competent court, or return it if the court lacks jurisdiction, within 5 days as per Article 191, Clause 3 of the Civil Procedure Code 2015.
If the case is within the court’s jurisdiction, the judge must notify the plaintiff immediately so they can proceed with the payment of advance court fees if required.
The court’s official acceptance of the case must be communicated in writing to the plaintiff, defendant, relevant parties, and the local prosecutor’s office within 3 working days from the acceptance date as per Article 196, Clause 1 of the Civil Procedure Code 2015.
Mediation in the First Instance Trial Stage
The principle of mediation is outlined in Article 205, Clause 1 of the Civil Procedure Code 2015. Specifically, during the preparation period for the first instance trial of a case, the court conducts mediation to help the parties reach an agreement on resolving the case, except for cases where mediation is not permitted or not feasible, as specified in Articles 206 and 207 of the Civil Procedure Code 2015, or cases handled through expedited procedures.
Currently, most civil cases must undergo mediation to ensure that disputes are resolved in a spirit of goodwill, harmony, and cooperation, without damaging the relationship between the parties.
If the disputing parties reach a consensus and agree on a resolution, according to Article 213 of the Civil Procedure Code 2015, the decision related to the parties’ agreement takes legal effect immediately upon issuance and cannot be appealed or protested in a higher court.
Mediation during the first instance trial is seen as the parties’ proactive effort to reconcile their views on resolving the case. The court merely acknowledges the agreement of the parties, checks that the agreement does not violate legal prohibitions or societal ethics, but does not participate in the mediation process itself.
In practice, at the start of the trial, the presiding judge will ask the parties if they have reached an agreement on the case. If the parties confirm that they have reached a settlement, the court will draft a record of successful mediation and issue a decision recognizing the parties’ agreement.
This decision has the same effect as an appellate court judgment because it cannot be appealed or protested and takes effect immediately. If the parties do not voluntarily comply, enforcement authorities can be called to enforce the decision.
If the parties are unable to reach a settlement, the assigned judge will issue a decision to proceed with a trial to resolve the case according to legal regulations.
It is important to note that mediation in the first instance trial and appellate stages differs in nature from one of the alternative dispute resolution (ADR) methods, specifically commercial mediation.
Case Adjudication Process
When mediation fails or is not applicable in the first instance trial stage, the case officially begins to be reviewed in the first instance. The preparation period for business and commercial cases is defined in Article 30 of the Civil Procedure Code 2015 as 02 months from the date of case acceptance.
For complex cases or those with external obstacles, the court may extend the preparation period by no more than 01 to 02 months.
The composition of participants in a trial is defined from Article 227 to Article 232 of the Civil Procedure Code 2015, including the parties, their legal representatives, individuals with relevant rights and obligations, witnesses, experts, interpreters, and prosecutors.
A first instance trial is conducted by a panel consisting of one judge and two lay assessors, or in special cases, two judges and three lay assessors. For expedited procedures, it may be conducted by just one judge.
A first instance judgment may fully accept the plaintiff’s demands, partially accept them, or reject all demands. The first instance judgment does not take effect immediately. If there is no appeal or protest, the judgment will become effective.
After the first instance trial, if the parties disagree with the judgment issued by the first instance court, they have the right to file an appeal requesting the appellate court to review the judgment. The appellate court may uphold, annul, or amend the first instance judgment.
Under the current two-tier system, the appellate judgment takes effect immediately upon announcement. The parties may no longer appeal, and the case officially concludes at this point.
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