Vietnam – CACJ

Vietnam Site Map

admin — Sat, 12 Jun 2021 15:03:16 +0000

Resources

admin — Fri, 04 Jun 2021 03:46:50 +0000

This page is being finalised by the Member State

Fundamental Law Concerning Commercial in Vietnam and their Links

admin — Fri, 04 Jun 2021 03:38:44 +0000

Links to the Vietnamese Legal Documents Page

admin — Fri, 04 Jun 2021 03:33:37 +0000

https://thuvienphapluat.vn/;

http://vbpl.vn/Pages/portal.aspx;

https://thukyluat.vn/

Judicial Proceedings in Vietnam

admin — Fri, 04 Jun 2021 03:21:07 +0000

Currently, all proceedings are governed by the Civil Procedure Code 2015, Criminal Procedure Code 2015, Administrative Procedure Law 2015, Bankruptcy Law 2014, and other guidance documents.

The proceedings in criminal cases are provided in the Criminal Procedure Code. The code provides the procedure for receipt of denunciations and information on offenses, institution, investigation, prosecution and adjudication of criminal cases and certain procedures for the execution of criminal judgments; duties and powers as well as relationships among procedure-conducting bodies, duties, powers and responsibilities of procedure-conducting persons; rights and obligations of participants in the procedure and various agencies, organizations, and citizens; international cooperation in the criminal procedure, in order to take the initiative in preventing and precluding crimes, detecting accurately and promptly and handing justly and in time all criminal acts, not leaving criminals unpunished and the innocent punished unjustly.

The basic steps to handle a typical criminal case are as follows:

Agencies, organizations, individuals denounce offenses or report information on offenses, or requests for institution of criminal cases, or offenders give confessions.

Investigating bodies, procuracies, Courts, border guards, customs, rangers, coast guard forces and other agencies of the People’s Police or People’s Army, which are assigned to conduct a number of investigating activities directly detect criminal signs.

Investigating bodies and procuracies will:

– To receive denunciations and information on offenses, requests for institution of criminal cases;

– to examine and verify information sources and decide whether to institute criminal cases within 20 days or not to exceed 2 months after receiving the information on possible offenses.

– When having sufficient grounds to determine that persons have committed criminal acts, the investigating body shall issue decisions to initiate criminal proceedings against the accused.

– Interrogation of the accused.

– Taking statements of witnesses, victims, civil plaintiffs, civil defendants, person with interests and obligations related to the case, confrontation and identification.

– Search, forfeiture, seizure, distrainment of property.

– Scene examination, autopsy, examination of traces on human bodies, investigation experiments, expertise.

– Suspension of investigation or termination of investigation.

– Investigating bodies completes and send the investigation conclusion reports to procuracies for prosecution proposals.

Within twenty days for less serious offenses and serious offenses, within thirty days for very serious offenses and especially serious offenses, after receiving the case files and investigation conclusion reports, the procuracies must issue one of the following decisions:

– To cease or suspend the case;

– To return the file for additional investigation;

– To prosecute the accused before Court by an indictment.

In case of prosecution, within three days after issuing the prosecution decisions in the form of an indictment, the procuracies must send the files and indictments to the Courts.

– Preparation for the first instance trial: the Court may transfer case files, or decide to cease or suspend the case or to return the file for additional investigation, or to bring the case for trial.

– First instance trial;

– Pronouncement of judgment.

– Parties appeals against the first instance judgment or decision.

– Procuracies protest against the first instance judgment or decision

– Preparation for appellate instance trial

– Appellate instance trial

– Pronouncement of judgment.

– Applying for cassation review with the judgment or decision which became in force.

– Considering cassation review application.

– Making response to person whose cassation review application does not satisfy the open cassation review procedure.

– Making decision to protest according to cassation procedure against the decision or judgment.

– Court session of cassation

– Releasing Cassation decision.

* Procedure to deal with civil cases (civil, trade, commercial, family and labour cases) normally (According to the Civil Procedure Code 2015) is as follows:

Agencies, organizations, individuals submit lawsuit petitions to the competent Court.

– Within 3 working days from the day on which the petitions are received, the Chief Justices of the Courts shall assign one Judge to review the petitions.

– Within 5 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:

a) To request for amendment and/or supplementation of lawsuit petitions;

b) To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures, if the cases are satisfied for resolution according to simplified procedures as prescribed in clause 1 Article 317 of this Code;

c) To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under the jurisdiction of the other Courts;

d) To return the lawsuit petitions to the litigators if such cases do not fall under the jurisdiction of the other Courts .

– The Judges shall accept the petitions when the litigators have submitted to the Courts the Court fee advance payment receipts.

– Notice on acceptance of cases.

– Within 3 working days from the day on which a case is accepted, the Chief Justice of the Court shall assign a Judge to resolve the case.

– During the period of preparation for first instance trial, the Judge shall hold meetings for checking the handover of, access to and disclosure of evidence and mediating between the involved parties.

– Based on the results of such meeting, the Judge shall make the decision whether to cease or suspend the case, or to bring the case to trial.

– Open a first instance Court session.

– Opening a Court session

– Inquisitorial procedure

– Oral argument in Court session

– Deliberation and pronouncement of judgment

– Supplying judgment extracts.

– Appeal, protest against the first instance judgment

– Notification of payment of appellate Court fee in advance

– Preparation for appellate trial

– Appellate Court session

– Pronouncement of appellate judgment

– Applying for cassation review with the judgment or decision which came into force.

– Considering cassation review application.

– Making response to person whose cassation review application does not satisfy the open cassation review procedure.

– Making decision to protest according to cassation procedure against the decision or judgment.

– Court session of cassation

– Releasing Cassation decision.

Such steps are illustrated by the following diagram:

DIAGRAM OF PROCEEDINGS OF CIVIL CASES

* Proceedings for resolution of civil matters:

According to Article 361 of the Civil Procedure Law, civil matters mean a situation where agencies, organizations or individuals have no dispute but request the Courts to recognize or not recognize a right or legal event which serves as a basis for rise of civil, marriage and family, business, commercial or labour rights and obligations of their own or of other agencies, organizations or individuals.

Similar to proceedings of civil cases, procedure for resolution of civil matters comprises of 6 steps:

Step 1: Submission of petitions

Persons requesting courts to resolve civil matters must file their petitions with the competent Courts.

Step 2: Receiving and Processing petitions
Step 3: Preparation for petition consideration
Step 4: Meeting to resolve civil matters

The Court makes a decision on whether to accept the request of petitioner or not.

Step 5: Appellate meeting to resolve civil matters if appealed or protested
Step 6: Cassation reviews

The following diagram illustrates such procedure:

DIAGRAM OF PROCEEDINGS FOR RESOLUTION OF CIVIL MATTERS

The procedure to settle administrative cases is provided in detailed in the Administrative Procedure Law 2015, which also comprises 6 similar steps as for the proceedings of civil cases (see 1.2.2.).

Procedure to settle petitions requiring the Court to initiate bankruptcy process with respect to companies and cooperatives in Vietnam is very special, which is provided in the Law on Bankruptcy 2014 and other guiding documents. It is illustrated by the following diagram:

DIAGRAM OF BANKRUPTCY PROCEEDINGS

Sources of Law

admin — Fri, 04 Jun 2021 03:01:24 +0000

The legal normative documents are the primary, fundamental and most important source of law in Vietnam.

The system of legal normative documents consists of the following:

– Legislation (Constitution, Acts, Resolutions of the National Assembly);

– Ordinance, Resolution of the Permanent Committee of National Assembly;

– Orders, Decisions of the State President;

– Decrees of Government;

– Decisions’ of the Prime Minister;

– Resolutions of the Justices Council of the Supreme People’s Court and the Circulars of the Chief Justice;

– Circulars of the President of the Supreme People’s Procuracy;

– Circulars of Ministers or Heads of Ministry-equivalent Agencies;

– Decisions of the State Auditor General;

– Joint Resolutions of the Permanent Committee of National Assembly or the Government and the central offices of socio-political organizations;

– Joint Circulars of the Chief Justice of the Supreme People’s Court and the President of the Supreme People’s Procuracy; those of Ministers or Heads of Ministry-equivalent Agencies and the Chief Justice, President of the Supreme People’s Procuracy, those of Ministers or Heads of Ministry-equivalent Agencies;

– Legal documents of Local People Councils and People Committees.

In cases where a legal document and a treaty to which the Socialist Republic of Vietnam is a party, contains different provisions on the same matter, the provisions of the treaty shall prevail.

Customs are norms having the clear content to define rights and obligations of individuals and legal entities in a certain civil relation, which were constituted and iterated over a long time, and were recognised and applied widely in a region or area by an ethnic group or community or in a civil field.

Overview of the Legal System of Vietnam

admin — Fri, 04 Jun 2021 02:59:25 +0000

The legal system of Vietnam has all the characteristics of a civil law tradition, which is essentially based on the written law. The Vietnamese law system comprises three fundamental elements as follows:

– Legal norms (elementary unit of the system);

– Legal classes (group of legal norms that have the same features and regulate a group of correlative social relations);

– Legal branches (system of legal norms that have the same specialities to govern a sort of social relations in a certain field of society). In the Vietnamese law system, there are various legal branches, as follows:

Branch of Constitutional Laws
Branch of Administrative Laws
Branch of Financial Laws
Branch of Banking Laws
Branch of Land Laws
Branch of Civil Laws
Branch of Labour Laws
Branch of Criminal Laws
Branch of Economical Laws

Legal Agencies of Vietnam

admin — Fri, 04 Jun 2021 02:55:06 +0000

There are several legal agencies in the Government System of Vietnam, which primarily conduct legal affairs, including People’s Procuracies (Prosecution Offices), Ministry of Justice, and Ministry of Public Security. On the other hand, many state agencies also engage in legal affairs in accordance with the areas that they are responsible to manage.

– The Supreme People’s Procuracy website: “Vien kiem sat nhan dan toi cao”, http://www.vksndtc.gov.vn/

– The Ministry of Justice website: “Bo Tu phap”, http://www.moj.gov.vn/Pages/home.aspx

– The Ministry of Public Security website: “Bo Cong an”, http://www.mps.gov.vn/web/guest/home

Overview of Judicial System

admin — Fri, 04 Jun 2021 02:33:40 +0000

The People’s Court is the judicial branch of the Socialist Republic of Vietnam, exercising judicial power. The People’s Court is responsible for the protection of justice, human rights, citizen’s rights, socialist regime, interests of the State, and legitimate rights and interests of organizations and individuals.

The People’s Court system of Vietnam consists of:

The Supreme People’s Court;
The People’s High Courts (3 High Courts for the North, Centre and South of Vietnam);
Provincial People’s Courts (63 Provincial Courts);
District People’s Courts (710 District Courts).
Military Courts (3 types as set out below)

Please see the Supreme People’s Court Website, “Toa an nhan dan toi cao”, https://www.toaan.gov.vn/webcenter/portal/spc/home

Links of Judicial Websites in Vietnam

admin — Fri, 04 Jun 2021 02:18:00 +0000

No.	Contents	Link
1	The Supreme People’s Court Portal	http://www.toaan.gov.vn
2	The People’s High Courts’ websites	None
3	The Provincial People’s Courts’ websites (The following 20 Provincial People’s Courts have their own website):
3.1	The Provincial People’s Court of Hanoi City	http://toaan.hanoi.gov.vn/
3.2	The Provincial People’s Court of Danang City	http://danang.toaan.gov.vn
3.3	The Provincial People’s Court of Nam Dinh	http://namdinh.toaan.gov.vn
3.4	The Provincial People’s Court of Thua Thien Hue	http://hue.toaan.gov.vn
3.5	The Provincial People’s Court of Ha Tinh	http://hatinh.toaan.gov.vn
3.6	The Provincial People’s Court of Vinh Long	http://vinhlong.toaan.gov.vn
3.7	The Provincial People’s Court of Hung Yen	http://hungyen.toaan.gov.vn
3.8	The Provincial People’s Court of Thai Nguyen	http://thainguyen.toaan.gov.vn
3.9	The Provincial People’s Court of Thai Binh	http://thaibinh.toaan.gov.vn
3.1	The Provincial People’s Court of Quang Ngai	http://quangngai.toaan.gov.vn
3.11	The Provincial People’s Court of Ninh Thuan	http://ninhthuan.toaan.gov.vn
3.12	The Provincial People’s Court of Ho Chi Minh City	www.tand.hochiminhcity.gov.vn
3.13	The Provincial People’s Court of Bac Ninh	http://tandbacninh.gov.vn
3.14	The Provincial People’s Court of Quang Nam	http://toaanquangnam.gov.vn
3.15	The Provincial People’s Court of Ca Mau	http://toaan.camau.gov.vn
3.16	The Provincial People’s Court of Lai Chau	http://toaan.laichau.gov.vn
3.17	The Provincial People’s Court of Lao Cai	http://toaan.laocai.gov.vn
3.18	The Provincial People’s Court of An Giang	https://tand.angiang.gov.vn
3.19	The Provincial People’s Court of Vinh Phuc	http://tand.vinhphuc.gov.vn
3.2	The Provincial People’s Court of Quang Tri	http://toaan.quangtri.gov.vn
4	The District People’s Courts websites links	None
5	The Family and Juvenile Court	None
6	Court Academy	http://hvta.toaan.gov.vnor http://hocvientoaan.edu.vn/

Vietnam – CACJ

Vietnam Site Map

Vietnam Site Map

Resources

Resources

Fundamental Law Concerning Commercial in Vietnam and their Links

Fundamental Law Concerning Commercial in Vietnam and their Links

Links to the Vietnamese Legal Documents Page

Links to the Vietnamese Legal Documents Page

Judicial Proceedings in Vietnam

Judicial Proceedings in Vietnam

Criminal proceedings

Step 1: Denunciations and information on offenses

Step 2: Receipt of Denunciations and information on offenses

Step 3: Initiation of criminal proceedings against accused

Step 4: Prosecution

Step 5: First instance trial

Step 6: Appellate instance trial

Step 7: Cassation review

Proceedings of Civil Cases

Step 1: Submission lawsuit petitions

Step 2: Receiving and processing lawsuit petitions

Step 3: Preparation for first instance trial

Step 4: First instance Court session

Step 5: Appellate trial

Step 6: Cassation review

Proceedings of Administrative Cases

Procedure for Bankruptcy Cases

Sources of Law

Sources of Law

Legal Normative Documents

International Treaties

Customs

Overview of the Legal System of Vietnam

Overview of the Legal System of Vietnam

Legal Agencies of Vietnam

Legal Agencies of Vietnam

Overview of Judicial System

Overview of Judicial System

Overview

Links of Judicial Websites in Vietnam

Links of Judicial Websites in Vietnam