DISPUTE RESOLUTION, PAGE 2
3. What is the role of the judge (and, where applicable, the jury) in civil proceedings?
A judge's role is one of an active arbiter, ruling on matters of law and fact after hearing evidence and submissions from the parties to the action. There is no doctrine of binding precedent, although as a matter of practice, People's Courts must follow Supreme Court instructions.
A civil hearing at first instance at the People’s Court is chaired by a judgment board, which comprises a single judge and two People's jurors if it is a civil dispute, three judges if it is a request for recognition and enforcement of foreign judgments or foreign arbitral awards, or a sole judge if it is a civil, marital or family issue. In special cases for civil disputes, a hearing at first instance may comprise two judges and three People's jurors.
People's jurors are individuals from Vietnamese state organisations3 appointed by the local People’s Council to participate in the Court process. In practice, the People's jurors are guided by the judge and generally concur with the judge's views. A public prosecutor may, however, be appointed by the local prosecutor’s office to oversee the judicial process in certain civil and commercial cases. There is no jury in a civil action.
4. What are the time limits for bringing civil claims?
The time limit for bringing
a civil claim is 2 years from the date of the breach of a legitimate right or
interest (for civil disputes), and 1 years from the date of the claim arising
(for civil issues), unless such claim relates to:
(i) disputes regarding inheritance,
in which case the time limit is ten years from the date of death;
(ii) the invalidity
of a civil transaction, in which case the time limit is one year from the date
of the transaction in certain circumstances (from 1 January 2006, this time limit
will be two years);
(iii) movable or immovable assets, in which case the time
limit is ten years (for movable assets) or thirty years (for immovable assets)
from the date on which a person first took possession of such assets; or
(iv)
labour disputes, in which case the time limit is six months, one year or three
years depending on the type of dispute.
5. How are civil proceedings commenced, and what is the typical procedure which is then followed?
To commence a civil action, the plaintiff files a petition and should obtain a receipt for filing from the relevant People’s Court. The Court then checks the petition to ensure that the format and contents comply with Vietnamese law and that the case is under its jurisdiction. If all is in order, the Court will issue a notice for advance payment of the Court fee to the plaintiff. The Court fee is normally determined by the amount of the claim and must be paid to the relevant ‘Enforcement Office’ which subsequently provides the Court with a copy of the payment receipt.
The Court then accepts the case, records it in its register and commences an official investigation into the matters set out in the petition. Statements are taken from the parties, from any related third parties and from any witnesses to the dispute. In addition, evidence is collected and a Court file is prepared in readiness for a hearing. Prior to the hearing, the Court must arrange Court-supervised conciliation meetings between the parties with a view to settling the dispute. As a matter of practice, at least two conciliation meetings are held. If the conciliation meetings fail to result in a settlement, the Court fixes a date for the hearing.
3Including Government officials, civil servants and military personnel
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