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Standing Committee SOCIALIST REPUBLIC Of VIETNAM
of the National Assembly Independence-freedom-Happiness
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Hanoi, March 16, 1994.
To resolve legally, timely economic disputes in order to protect the State interests, legitimate rights and lawful interests of the juridical person and individual.
Pursuant to Article 91 of 1992 Constitution of the Socialist Republic of Vietnam.
This Ordinance sets forth provisions concerning procedure for settlement of economic disputes.
GENERAL PROVISIONS
Article 1.
Right to request the court to protect legitimate rights and lawful interests.
An individual, juridical person subject to procedure prescribed by law have right to initiate economic active in order to request the court to protect their legitimate rights and lawful interests.
Article 2.
Parties' right to self-determination.
The plaintiff has right to withdraw the petition, modify the content of the petition. The parties have right to settle the dispute by peaceful mode.
Article 3.
Duty to prove
The parties have duty to provide evidences and to prove their own interest.
Article 4.
Identification, collection of evidences.
When it is necessary, the court may identify, collect evidences for the purpose of ensuring the dispute resolution to be correct.
Article 5.
Responsibility of the court to apply peaceful mode of settlement.
During the process, the court has responsibility to apply peaceful mode of settlement to allow the parties to negotiate the dispute's settlement.
Article 6.
Equality of the parties' rights and duties.
The parties are equal in respect to process's rights and duties.
Article 7.
Public trial
The economic cases shall be tried in public, except cases which require the protection of state secrets or parties' secret at his legitimate request.
Article 8.
Language of the trial
The language of the process shall be Vietnamese. A process's participant has right to use the language of his own nation.
Article 9.
Delegation.
The parties may delegate a power to lawyer or other person to represent them in the process.
Article 10.
Legal effect of the court's judgment, decision
The court's judgment, decision on economic dispute after coming into legal force must be respected by the state agencies, economic, social organizations, army unit and everyone; be strictly implemented by the individual, agency, organization, who have dut y to do so.
Article 11.
Supervision of law implementation in the process
The People's Procuracy Office shall supervise the law implementation in the process for settlement economic disputes according to the law on organization of People's Procuracy Office and this Ordinance.
Chapter II
COURT'S JURISDICTION
Article 12.
The economic disputes under court's jurisdiction.
The court has power to try the following economic disputes:
1. Disputes arising from economic contracts between juridical person and juridical person, between legal person and individual who has registered business.
2. Disputes between company and company's member, between company's members in respect to establishment, operation, dissolution of the company.
3. Disputes relating to sale of stocks, shares, bounds.
4. Other disputes according to the law.
Article 13.
Jurisdiction of the courts at different level
1. The people's court of district, town, cities under provincial authority (here after called district court) shall originally try the disputes arising from economic contract and the value of dispute is less than 50 million VND, except cases involving fo reign participation.
2. The People's court of province, cities under central authority (here after called provincial court) shall originally try economic disputes, stipulated in Article 12 of this Ordinance, except cases belonging to district's jurisdiction. When it is necess ary, the provincial court may try economic disputes, which are under jurisdiction of district court.
Article 14.
Jurisdiction of the court according to territory
The court, which shall have authority to try originally economic disputes, shall be the court of the defendant's place of office or residence; if the dispute is relating only to real estate, it shall be tried by the court of place of real estate.
Article 15.
Jurisdiction of the court according to the plaintiff's choice.
The plaintiff has right to choose the court for settlement of the dispute in the following cases.
1. If the defendant's place of office or residence is unknown, the plaintiff may request the court of the place, where the property, last defendant's office or residence are situated to try the dispute.
2. If the dispute was arising from the activities of the enterprise's branch, the plaintiff may request the court of the place of enterprise's office or branch to settle the dispute.
3. If the dispute was arising from the breach of economic contract, the plaintiff may request the court of the place of contract implementation to settle the dispute.
4. If the defendants have different places of office or residence, the plaintiff may request the court of the place of office or residence of one of the defendant to settle the dispute.
5. If the dispute is relating not only to the real property, the plaintiff may request the court of the places where the real property, defendant's office or place of residence are situated to settle the dispute.
6. If the dispute is relating not only to the real property in different places, the plaintiff may request the court of one of that places to settle the dispute.
Article 16.
Transfer of the dispute to another court; settlement of dispute on jurisdiction.
1. The court which has registered the dispute must transfer the file to the competent court upon finding out it's incompetence over this dispute.
2. The dispute on jurisdiction shall be settled by direct higher court.
Chapter III
TRIAL PANEL. REPLACEMENT Of THE JUDGE, ASSESSOR, PROCESS SECRETARY, PROSECUTOR, EXPERT WITNESS, INTERPRETER
Article 17.
Trial panel
1. The trial panel for original proceeding shall consist of two judges and one assessor.
2. The trial panel for appeal proceeding shall consist of three judges.
3. The trial panel for review proceedings conducted by Economic Court of the Supreme People's Court shall consist of three judges.
4. The Judges' Committee and Judges' council of the Supreme People's Court, Judges' Committee of the provincial court in the review proceedings must have at least 2/3 of total members to attend.
5. The trial panel mentioned in item 1, 2 and 3 of this article shall pass the decision by majority. The decision of the Judges' Committee and Judges' Council of the Supreme People's Court, decision of the Judges' Committee of provincial court must be app roved by more than half of voting members.
Article 18.
Replacement of judge, assessor, prosecutor, process secretary, expert witness, interpreter.
1. The judge. assessor must refuse to conduct the process or be replaced, if:
a/ At the same time they are party, party's representative or defender, party's relative, witness of the process.
b/ They have taken part in the same process as prosecutor, process secretary, expert-witness, interpreter.
c/ They have taken part in the same process as judge, assessor, except members of Judge's Council, Judge's Committee of the Supreme People's Court Judge's Committee of provincial court, who are entitled to take part many time in the trial of one dispute a ccording to review proceedings.
d/ In one trial panel the judge, assessor are relatives.
e/ There are grounds to believe that they may be not impartial in the trial.
2. The prosecutor, process secretary, expert witness, interpreter must refuse to take part in the process or be replaced, if:
a/ Have taken part in the same process at other level.
b/ There are grounds, stipulated in points a, e of item 1 of this Article.
Article 19.
The procedure and authority for replacement of judge, assessor, prosecutor, process secretary, expert witness, interpreter.
1. Before opening of the hearing, the replacement of the judge, assessor, process secretary, expert witness, interpreter shall be decided by senior judge of the court; the replacement of prosecutor shall be decided Chief f Procuracy office and the replace d is Chief of Procuracy office.
2. At the hearing, the replacement of the judge, assessor, process secretary, expert-witness, interpreter shall be decided by the trial panel, after taking opinions of the person, who is to be replaced. If there is no replacing person, the trial panel sha ll delay the hearing;
When the trial panel found that the prosecutor must be replaced, the hearing must be delayed. The appointment of other prosecutor shall be decided by Chief of Procuracy office at the same level or higher level.
Chapter IV
PROCESS PARTICIPANTS
Article 20.
Parties.
1. The individual, juridical person who take part in the process, shall be plaintiff, defendant or person whose right, duty are relating to the dispute.
2. A party-individual may perform himself or delegate a power to other person to perform his rights and duties in the process.
3. A party-juridical person shall perform it's process rights and duties through legal representative or delegate.
Article 21.
Parties' rights and duties in the process.
1. The plaintiff has right to modify his claim. The defendant is entitled to respond to the plaintiff's claims or to give his claims concerning plaintiff's claims. The person whose rights and duties are relating to the dispute, may have his independent cl aim or take part in the process on the side of one of the parties.
2. The parties have rights:
a/ To give evidences, to know the evidences given by other party.
b/ To request the court to apply provisionally emergent measures.
c/ To take part in the trial.
d/ To request for replacement of judge, assessors, prosecutor, process secretary, expert-witness, interpreter.
e/ To settle peacefully the dispute.
f/ To discuss at the hearing.
g/ To appeal against the court's judgment, decision.
h/ To request authorized person to protest the judgment, decision according to review proceedings.
3. The parties have duties:
a/ To provide fully, timely all necessary evidences in respect to their claims.
b/ To be present according to court summon. The defendant on whom have been served twice a summon but still absent without reasonable causes may be fined by the court a sum of VND 50,000 up to VND 100,000.
c/ To observe strictly all rules of the hearing.
Article 22.
Party's delegate.
1. The delegate is entitled to perform a behaviors within the scope of delegation.
2. The delegation is the process must be in writing.
Article 23.
Person who pleads parties' legal rights and interests.
1. The parties may do himself or as lawyer, people's advocate or other person to plead their legal rights and interests.
2. One person may plead legal rights and interests of many parties in the same process, if their legal right and interests are not contradictory.
3. A person who pleads parties' legal right and interests shall be entitled:
a/ To take part in the process from the beginning.
b/ To request for replacement of judge, assessors, prosecutor, process secretary, expert-witness, interpreter, stipulated in Chapter III of this Ordinance.
c/ To supply evidences, requests, to read the file, to make a necessary copy from it.
4. The person who plead the legal rights and interests of the parties shall leave duties to use process rights according to laws for the purpose of getting the truth of the dispute.
Article 24.
Expert-witness.
1. When it is necessary, the court at it's discretion or at the request of the parties calls for expertise, Procuracy may at it's discretion or at the request of the parties calls for expertise.
The expert-witness must be present according to the summons of the court, Procuracy.
2. The expert-witness is entitled to study the papers, documents of the file concerning the object of the expertise to request the person who request for expertise to provide all documents necessary to the expertise, to take part in the discussion and to ask a question in respect to the expertise's object.
3. A person who request for the expertise or the court, Procuracy, which at their own request call for expertise must pay in advance an expertise's fee.
A losing party shall be liable for expertise fee, if the expertise's result is useful for solving the dispute. If the expertise's results are not useful for solving the dispute, a person requesting for expertise or the court, Procuracy, which at their own discretion call for expertise, must be liable for the expertise's fee.
Article 25.
Witness.
1. A person, who knows any fact relating to the dispute, may be summoned by the court, Procuracy as a witness. The witness has duty to say honestly what he knows about the dispute and must be liable for his words.
The witness must be present according to the court's, procuracy's summon.
2. A person, who request the court to summon a witness, must pay in advance expenses to witness.
The losing party shall be liable for witness's expenses, if the witness's presentation is useful for solving the dispute. If the witness's presentation is not useful for solving dispute, the person who request for witness must be liable for witness's expe nses.
Article 26.
Interpreter.
1. When any process participant can not use Vietnamese, the court shall be liable for appointment of interpreter.
2. The interpreter has duty to be present in accordance with the court's summon and honestly to interpret.
3. A losing party must be liable for interpreter's expenses.
Article 27.
A heritage of process rights and duties.
1. If a party-individual has been ceased but his rights and duties are inheritable, the inheritor shall take part in the process.
2. If a party-juridical person has been merged, spliced, dissolved, the individual, juridical person who inherited rights and duties of former juridical person shall have process rights and duties of that juridical person.
3. The inheritance of process rights and duties may be accepted in any stage in the process of solving economic dispute.
Article 28.
A participation of the people's Procuracy in the process.
1. During the process of solving economic dispute, the Procuracy is entitled to take part from any stage of the process, if it is necessary.
2. The court shall send to Procuracy at the same level a copy of court's judgment, decision upon issuing that documents; send to Procuracy the file of the dispute for consideration in accordance with procedure for appeal, review at the request of the Proc uracy.
Chapter V
COURT'S fEE
Article 29.
Court's fee.
The parties shall be liable for court's fee depending on concrete kind of the dispute and based on their benefit, level of guilty in the legal relation, resolved by the court. The Government in collaboration with the Supreme People's Court shall determine court's fee.
Article 30.
A person pays advance of court's fee and a person is liable for court's fee.
1. The plaintiff must pay advance of the court's fee.
2. The appellant shall pay an advance of court's fee for appeal proceedings; the Procuracy, which protest the court's judgment in accordance with appeal proceedings is not required to pay in advance of court's fee for appeal proceedings.
3. The court shall determine the parties' liability for court's fee.
4. When the petition has been with drawn prior to the opening of the hearing, the plaintiff shall be repaid 50% of the advance of court's fee, paid by him. The parties' liability for court's fee may be agreed by the parties, if it can not be agreed the co urt shall determine.
5. If the process has been suspended according to points a, c, d and e, item 1 of Article 39 of this Ordinance, the advance of the court's fee shall go to the State budget.
6. If the process has been temporarily suspended, the court's fee shall be determined after resumption of the process.
Chapter VI
INITIATION AND REGISTRATION Of THE CASE
Article 31.
Initiation of the case.
1. The plaintiff shall file a petition for requesting the court to solve the economic dispute within 6 months from the date on which the dispute was arisen, unless otherwise provided by the law.
2. The petition must have the following contents:
a/ Date of making petition.
b/ The court required to solve the dispute.
c/ The names of the plaintiff, defendant.
d/ The address of the defendant, plaintiff; if the defendant's address is unknown, the address of the last defendant's office or place of residence.
e/ The nature, value of the dispute in summary.
f/ The claims to be considered, decided by the court.
3. The petition must be signed by the plaintiff or his representative. Attached to the petition must be documents proving the plaintiff's claims.
Article 32.
Rejection of the petition.
The court shall return the petition in the following cases:
1. The plaintiff has no right to initiate the case.
2. The time-limit for initiation of the case is expired.
3. The dispute has been settled by enforceable judgment or decision of the court or other competent agencies.
4. The dispute is beyond court's jurisdiction.
5. The dispute has been agreed before by the parties to be settled by the arbitration.
Article 33.
Registration of the case.
If the court finds that the dispute is under it's jurisdiction, it has to give a notice immediately to the plaintiff. Within 7 days from the date of receiving of the notice, the plaintiff has to pay advance of the court's fee according to law and the cour t shall make an entry of the case on the day when the plaintiff gives documents on payment of advance of the court's fee.
Chapter VII
PRE-TRIAL PREPARATION
Article 34.
Time-limit for pre-trial preparation.
1. Within 10 days from the date of entry of the case, the court shall give notice to defendant and person whose rights, duties are involved on the content of the petition.
Within 10 days from the date of notice, the defendant and the person whose rights and duties are concerned must send to the court their opinion in written form on the petition and other documents with respect to solving dispute.
2. Within 40 days from the date of entry of the case, the judge appointed to be chairman of the hearing has to issue one of the following decisions:
a/ To hear the case.
b/ To suspend temporarily the process.
c/ To suspend the process.
for complex disputes, the duration mentioned above shall not be more than 60 days.
3. Within 10 days form the date of decision to hear the case, the court has to open the hearing; in case with reasonable causes, that duration shall not be more than 20 days.
If the Procuracy takes part in the original hearing, after making decision to hear the case, the court should send the file to the Procuracy at the same level for study within 5 days.
Article 35.
Identification, collection of evidences.
In the stage of pre-trial preparation, if necessary the court may do itself or assign other court to identify, collect evidences for the purpose of making clear all facts of the dispute.
The court-assignee has duty to perform immediately the assignment and inform the assigning court about results. This identification and collection of evidences include:
a/ To request the parties to provide, add evidences or to report all necessary issues.
b/ To request state agencies, concerned organization, individuals to provide evidences necessary for the solving of dispute.
c/ To request the witness to provide all necessary matters.
d/ To conduct identification's fieldwork.
e/ To call for expertise.
f/ To request specialized agencies to evaluate or to establish evaluation commission to evaluate the dispute's property.
Article 36.
Amicable settlement.
1. Prior to the opening of the hearing, the court shall conduct amicable settlement for the parties to agree on the dispute's resolution.
2. The plaintiff, defendant, person whose rights and duties are concerned must be present at the meetings for amicable settlement.
3. When the parties could agree on the dispute's resolution, the court shall make a protocol on amicable agreement and issue a decision to recognize the parties' agreement and this decision shall be enforceable.
In the case when the parties failed to reach agreement, the court shall make a protocol on it and issue a decision to open the hearing.
Article 37.
Decision to hear the case.
The decision to hear the case shall have the following contents:
1. Date, place for opening of the hearing.
2. The hearing shall be in public or not.
3. Names of the parties, other process participants.
4. The nature of the dispute.
5. full names of the judge, assessors, process secretary, and prosecutor, if any.
Article 38.
Temporary suspension of the process.
1. The court shall decide to suspend temporarily the process in the following cases:
a/ a plaintiff-individual is ceased, a plaintiff-juridical person is dissolved but the inheritor is not yet available.
b/ Upon the expiry of the time-limit for pre-trial preparation, but one party can not be present with reasonable causes.
c/ Not yet find out the defendant's address or the defendant ran away.
d/ It is required to wait for the results of another criminal, civil or economic cases which are still in process.
e/ There is any entry of bankruptcy petition make by any court with respect to enterprise which is party to the process.
f/ During the process concerning the enterprise found it insolvent; in this case the court must give notice to creditors and other concerned bodies.
2. The court, shall resume the process when the cause for suspension is over.
3. The decision on temporary suspension of the process may be appealed, protested.
Article 39.
Suspension of the process.
1. The court shall suspend the process in the following cases:
a/ The plaintiff-individual or defendant-individual is ceased but his rights and duties are not inheritable, juridical person is dissolved but there is no inheritor of it's process rights and duties.
b/ The plaintiff withdraws the petition.
c/ The plaintiff failed to come after second summon.
d/ The dispute has been decided by the enforceable judgment or decision of the court or other competent agency.
e/ The time-limit for initiation of the case has been expired prior to the date of entry of the case.
f/ The dispute is not under the court's jurisdiction.
g/ There is a court's decision to commence the process for declaration of bankruptcy of enterprise, which is a party to the process.
2. The decision on suspension of the process may be appealed or protested except the case, stipulated in point b, item 1 of this Article.
Article 40.
Sending of decision to hear the case.
Upon issuing the decision to hear the case, the court must send the decision to the Procuracy office at the same level, to the parties, persons whose rights and duties are concerned.
Chapter VIII
PROVISIONAL EMERGENCY MEASURES
Article 41.
Application of provisional emergency measures.
1. The parties have right to request the court to make a decision to apply provisional emergency measures, aimed at securing the evidences, judgment's enforcement and must be liable for their request before the law; if they are guilty in causing damages, must compensate. During the process, the court may it self or at the request of the Procuracy office decide to apply a provisional emergency measures and shall be liable for that decision. If due to the illegal application of provisional emergency measure s, the damages caused must be compensated.
The application of the provisional emergency measures may be carried out at any stage of the process.
2. The request for application of provisional emergency measures must be considered within 3 days from the date of receiving the request. If it is accepted, the court shall issue immediately decision to apply provisional emergency measures.
Article 42.
Provisional emergency measures
Provisional emergency measures include:
1. To impose an arrest on dispute's property, bank account;
2. To prohibit the parties, other organizations, individuals from doing certain acts.
3. To allow to get in the harvest and keep the products concerned.
4. To allow to sell the spoilable products, goods.
Article 43.
Change or abolishment or the provisional emergency measures.
1. The provisional emergency measures may be changed or abolished.
2. The change or abolishment of the provisional emergency measures shall be decided by the judge if it is prior to the opening of the hearing and by the trial panel if it is in the hearing.
Article 44.
Complaint against the application of the provisional emergency measures.
1. The decision to apply the provisional emergency measures shall be executed immediately.
2. The parties are entitled to make complaint, Procuracy office is entitled to protest to the senior judge of the court concerned against the decision to apply provisional emergency measures.
Within 3 days from the date of receipt of complaint, protest, the senior judge of the court concerned shall consider and give answer.
Chapter IX
ORIGINAL HEARING
Article 45.
The participants.
The hearing shall be carried out with presence of the parties or their representative. If the Procuracy office need to take part in the hearing, the hearing shall be carried out with the presence of prosecutor; if the presence of the witness, expert-witne ss, interpreter can not be ignored, the hearing can only be carried out with their presence.
Article 46.
Commencement of the hearing.
1. At the beginning, the presiding judge shall declare the decision to hear the case, check the presence and personal data of the summoned people and explain to them their rights and duties at the hearing. If any summoned person is absent, the trial panel shall decide to delay or continue the hearing.
2. The presiding judge shall introduce the members of the trial panel, prosecutor, process secretary, expert-witness, interpreter and explain to the process participants mentioned in Article 20, 22 and 23 of this Ordinance the right to request for replace ment of any member of trial panel, prosecutor, process secretary, expert-witness, interpreter. If there is any such request, the trial panel shall consider and decide.
3. The presiding judge shall explain to the expert-witness, interpreter about their rights and duties. These persons shall undertake the fulfillment of the duties.
4. The witness shall undertake to say the truth, if the witness may be influenced by the presentation of other person, the presiding shall isolate the witness before his presentation.
5. The presiding shall ask the parties or their representatives, prosecutor if it is necessary to provide additional evidences or summon more witness. The trial panel shall consider and decide, if there are any request.
Article 47.
Interrogatory at the hearing.
1. The trial panel shall identify all facts of the dispute by listening the presentation of the plaintiff, defendant, person whose rights and duties are concerned or the parties' representatives, witness, expert-witness; look into the proofs.
2. During the interrogatory, the trial panel shall give a question first, then the prosecutor, counsels for the parties. The process participants are entitled to give a proposal to trial panel the issues, which need to be questioned.
Article 48.
Debate at the hearing.
After the trial panel finish the interrogatory, the parties or their representatives, counsels will give all the facts with respect to the dispute and their comments concerning the mode of settlement, take part in the debate, are entitled to respond to th e comments of other persons, the prosecutor shall give his comments on the solving of the dispute.
Article 49.
Delay of the hearing.
1. The trial panel shall delay the hearing, if:
a/ The parties are absent first time with reasonable cause, the prosecutor is absent when the Procuracy office requests for participation.
b/ The witness is absent bit it is necessary to get his presentation or to check his presentation at the hearing.
c/ The members of the trial panel, prosecutor, process secretary, expert-witness, interpreter has been replaced but the replacing is not yet available.
2. The hearing shall be carried out, if the parties require the hearing without them or the parties other than plaintiff, failed to be present after second summon.
Article 50.
Temporary suspension, suspension of the process at the hearing.
1. At the hearing, if the plaintiff withdraws the petition, the trial panel shall decide to suspend the process. If the parties peacefully settle the dispute, the trial panel shall issue a decision to recognize their agreement. These decisions are enforce able.
2. At the hearing, if there are any cases, prescribed in Article 38 of this Ordinance, the trial panel shall make a decision to suspend temporarily the process or any cases, stipulated in points a, c, d, e, f, item 1 of Article 39 of this Ordinance, shall make a decision to suspend the process. These decisions may be appealed or protested. The court shall resume the process when the causes for the temporary suspension are over.
Article 51.
Making decision.
The decision of the trial panel must be discussed and approved by majority. In making a decisions there must be a protocol recording all opinions discussed and approved by the trial panel.
Article 52.
Content of a judgment.
The content of a judgment shall consist of:
1. Date and place of the hearing.
2. full names of the members of trial panel, prosecutor, process secretary.
3. Names, addresses of the parties, their representatives.
4. The parties' claims.
5. The facts, which have been proved; the evidences, legal grounds based on which the court resolved the case.
6. The decision of the court on the dispute.
7. The parties' responsibility for the court's fee.
8. The parties' right to appeal.
Article 53.
Declaration of the judgment.
The presiding judge shall declare the whole judgment and be liable for explanation to the parties of their rights to appeal and duty to obey the judgment.
Article 54.
Decisions and contents of the decisions.
1. The court shall make a decision to settle the issues arising out from the process.
2. The making of decision prior to the opening of the hearing shall be carried out by the judge appointed to be presiding at the hearing. The making of decision at the hearing shall be carried out by the trial panel.
3. The content of the decision shall consist of:
a/ The court in charge; date of making decision; names and addresses of the parties, other process participants.
b/ The parties' claims.
c/ The legal grounds for making the decision.
d/ The conclusion on the issues, for which the decision is to be made.
e/ Certain legal acts which are to be done by the individuals, organizations concerned.
f/ The parties' right to appeal.
Article 55.
Modification, addition to the judgment, decision.
The court is not entitled to modify, add to the declared judgment, decision, except cases of mistake on calculation, grammar and must give a notice immediately to the parties, Procuracy office at the same level and other concerned individuals, organizatio ns.
Article 56.
Hearing's protocol.
1. All processes of the hearing must be recorded in the hearing's protocol. The presiding judge shall check the hearing's protocol and together with process secretary sign the protocol.
2. After 5 days from the date of declaration of the judgment, the parties, their representatives or counsels are entitled to read the hearing's protocol, to request for modification, addition to the protocol. The presiding judge, process secretary and per son who requested for modification, addition to the protocol shall sign it. If the request for modification, addition to the hearing's protocol has not been accepted, they are entitle to give their comments in written, which shall be attached to the file.
Article 57.
Delivery of a copy of the judgementor decision.
1. Upon finishing the hearing, the court shall give the parties a summary of the judgment or decision. Not later than 7 days from the date of declaration of the judgment, decision, the court shall give the parties a copy of the judgment or decision at the ir request, at the same time send to the Procuracy office at the same level.
2. If the parties have been absent at the hearing, the court shall send immediately to them a summary of the judgment or decision.
Article 58.
Measures applied for violation of the hearing order.
The violation of the hearing order, depending on the concrete case may be warned, fined, forced to leave the court room or arrested by the presiding judge.
The people's policemen are guards and perform the orders of the presiding judge to force the violator of the hearing order to leave the court room or arrest him.
Chapter X
APPEAL PROCEDURE
Article 59.
Right to appeal, protest.
1. The parties or their representatives are entitled to appeal the court judgment, decision on temporary suspension, suspension of the process made in original process in order to request the court at higher level to try the case under appeal procedure.
2. The Chief of Procuracy office at the same level or higher level is entitled to protest the court judgment, decision made in original process.
Article 60.
Content of the appeal, protest.
1. The appellant has to lodge an appeal; the Procuracy office shall protest in writing.
2. The appeal, protest must show clearly:
a/ The part of the court's judgment, decision of the original process being appealed, protested.
b/ The grounds for the appeal, protest.
c/ The claims of the appellant, protesting person.
Article 61
Time-limit for appeal, protest.
1. The time-limit for appeal is 10 days from the date of declaration of the judgment, decision; if the parties were absent at the hearing, from the date of receipt of the copy of the judgment, decision or from the date on which the notice has been given at commune People's Committee of their place of office or residence.
2. The time-limit for protest by the Procuracy at the same level 10 days, by Procuracy office at higher level is 20 days from the date of declaration of judgment, decision. If the prosecutor has not taken part in the hearing, that time-limit shall commen ce from the date of receipt of copy of judgment, decision by the Procuracy office.
3. If there are the objective obstacles preventing the appeal, protest, the time-limit shall be 10 days from the date when the obstacles are over.
Article 62.
Procedure for appeal, protest.
1. The appeal, protest shall be lodged in the court which has tried the case originally.
2. Within 10 days from the date when the appellant gives evidence for payment of advance of the court fee or from the date of receipt of protest, the court of original trial has to send the appeal, protest together with the file to the court of appeal.
Article 63.
Notice on appeal, protest.
Within 10 days from the date the appellant gives evidence for payment of advance of the court fee, the court of original trial has to give a notice on the appeal to the Procuracy at the same level and to the parties, persons whose rights, duties are conce rned to the appeal; the Procuracy office shall send a copy of the protest to the parties concerned to the protest, the persons whose rights and duties are concerned to the appeal, protest has responsibility to send to the court of appeal their comments o n the appeal, protest within 7 days from the date of receipt of the notice.
Article 64.
Effect of the appeal, protest.
Any part of the judgment, decision which have been appealed, protested shall not come into legal force. The parts of the judgment, decision which have not been appealed or protested shall come into legal force.
Article 65.
Evidences collection
Prior to the hearing or at the hearing of appeal, the Procuracy office, appellant, person concerned to the appeal, protest have right to provide new additional evidences.
The court of appeal may at it's discretion or at the request of the parties identify or delegate the power to the other court to identify, collect new additional evidences.
Article 66.
Time-limit for appeal process.
Within one month, from the date of receipt of all documents, file sent by the court of original trial, the court of appeal shall open the hearing of appeal; for complex cases, this time-limit shall not be more than 2 months.
Article 67.
Withdrawal of the appeal, protest; its effect.
Prior to the hearing of appeal or at the hearing, the appellant is entitled to withdraw any part or the whole of the appeal, the Procuracy office which protests the judgment, decision or Procuracy office at higher level have right to withdraw any part or the whole of protest and the court shall decide to suspend the process concerning the withdrawn part of or the appeal, protest in whole as the case may be.
Article 68.
Participants of the hearing of appeal.
1. The Procuracy at the same level must take part in the hearing of appeal in the case of protest. If other cases the Procuracy office shall take part in the hearing, if necessary. If the Procuracy office takes part in the hearing, the Procuracy office mu st be provided with the file in 10 days.
2. The appellant, persons concerned to the appeal, protest shall be summoned to the hearing.
3. The court shall summon the expert-witness, witness only at the parties' request and when it is necessary for the solving of appeal, protest.
4. Of the Procuracy office participation is necessary or is requested, but the Procuracy office failed to take part, the trial panel shall delay the hearing. If the persons, mentioned in points 2 and 3 of this Article are absent without reasonable causes , the court shall continue the hearing.
Article 69.
Hearing of appeal.
The hearing of appeal shall be carried out in the same procedure as original hearing, but at the beginning one member from trial panel shall introduce the nature of the dispute, of the decision of original judgment and the nature of the appeal, protest.
Article 70.
Rights of the court of appeal.
Court of appeal is entitled to:
1. Set aside the appeal, protest and uphold the original judgment, decision.
2. Modify partly or wholly original judgment, decision.
3. Reverse the original judgment, decision and the dispute shall be retried again by the court of original trial in the case of violation of procedure rules or the identification, collection of the evidences by the original court on not enough but the cou rt of appeal can not make up.
4. Suspend temporarily the process in accordance to Article 38 or suspend the process according to Article 39 of this Ordinance.
Article 71.
Grounds for modification of the original judgment, decision.
The judgment, decision shall be modified partly or in whole, if:
1. The original judgment, decision are contrary to the law, not in compliance with the nature of the dispute.
2. There are new grounds to believe that the original judgment, decision are illegal, not in compliance with the evidences.
Article 72.
Appeal's judgment, decision.
1. After hearing the appeal, protest, the appeal's trial panel shall issue an appeal's judgment, decision. Apart from the content, mentioned in Article 52, 54 of this Ordinance, except the parties' right to appeal, the appeal's judgment, decision must cle arly describe the parts of judgment, decision which were appealed, protested, the nature of the appeal, protest.
The appeal's judgment, decision have to be signed by all judges of trial panel.
2. The appeal's judgment, decision have to be signed by all judges of trial panel.
3. The copy of the appeal's judgment, decision must be send to the parties, persons concerned to the appeal, protest within 5 days from the date of issuing.
Article 73.
Appeal procedure for a decision of original court.
1. In appeal procedure for the decision of original court, the court shall not open the hearing, not summon the parties, except it is necessary to hear their opinions before making a decision.
2. The court of appeal shall make a decision for solving the appeal or protest within 10 days from the date of receipt of appeal, protest.
3. In considering the decision of the original court, the court of appeal shall have rights, stipulated in Article 70 of this Ordinance. The appeal's decision shall have legal force.
Chapter XI
REVIEW PROCEDURE
Article 74.
Right to protest under review procedure.
1. The Chief Justice of the Supreme People's Court, Chief Prosecutor of the Supreme People's Procuracy office have right to protest against any court's judgment, decision, which have come into legal force.
2. The Deputy Chief Justice of the Supreme People's Court, Deputy Chief Prosecutor of the Supreme People's Procuracy office have right to protest against the judgment, decision of the local courts, which have come into legal force.
3. The senior judges of provincial courts, chief prosecutor of provincial Procuracy office have right to protest against the judgment, decision of district courts, which have come into legal force.
Article 75.
Grounds for protest under review procedure.
The court's judgment, decision which came into legal force shall be protested under review procedure if there is one of the following grounds:
1. The procedure rules have been seriously violated.
2. The conclusion in the judgment, decision is not appropriate to the objective facts of the dispute.
3. There is serious mistake in law application.
Article 76.
Protest and notice of protest.
1. In the protest under review procedure must clearly describe the grounds for protest. The protest shall be sent to the court which have issue the protested judgment, decision, to the court, which will review the judgment, decision, the parties and oth er persons concerned to the protest.
The court has to send the protest together with the file to the Procuracy office at the same level in 10 days.
2. A person, who has protested has right to withdraw the protest prior to the opening of the hearing or at the hearing.
3. The person, who has protested has right to delay or temporarily suspend the execution of the protested judgment, decision.
Article 77.
Time-limit for protest and for review trial.
1. The time-limit for protest is 9 months, from the date on which the judgment, decision come into legal force.
2. Within one month, from the date of receipt of the file, the court shall open the review hearing.
Article 78.
Review's jurisdiction.
1. The Judge's Committee of the provincial court shall review the protested judgment, decision of the district court which come into legal force.
2. The Economic Court of the Supreme People's Court shall review the protested judgment, decision of the provincial court, which come into legal force.
3. The Judge's Committee of the Supreme People's Court shall review the protested judgment, decision the Supreme People's court, which come into legal force.
4. The Judge's Council of the Supreme People's Court shall review the protested judgment, decision of the Judge's Committee of the Supreme People's Court.
Article 79.
A review's hearing.
1. for the review hearing, the parties, persons concerned to the protest shall not be summoned, except the cases if the court should hear their opinions prior to making of decision.
2. At the hearing, the member of the trial panel shall present nature of the dispute and of the protest. If someone is summoned by the court, they will give their opinions before the prosecutor gives his comments about the resolution of the dispute. The trial panel shall discuss and issue a judgment, decision.
Article 80.
Right of the trial panel in review proceedings.
The trial panel in review proceedings is entitled:
1. To set aside the protest and uphold the judgment, decision.
2. To modify partly or wholly the judgment, decision.
3. To reverse the judgment, decision and the dispute shall be retried by original court or court of appeal if there is serious violation with respect to procedure rules or the identification, collection of evidences by the lower court are not sufficient a nd can not be supplemented by the court of review proceedings.
4. To reverse the judgment, decision and suspend the process according to Article 39 of this Ordinance.
Chapter XII
RE-OPENING PROCEDURE
Article 81.
Protest in re-opening procedure.
1. The Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy office are entitled to protest against the court's judgment, decision which have come into legal force.
2. The senior judge of provincial court, the chief prosecutor of the provincial Procuracy office are entitled to protest against the judgment, decision of district court, which have come into legal force.
Article 82.
Grounds for protest in re-opening procedure.
The effective court's judgment, decision shall be protested in re-opening procedure if there is one of the following grounds:
1. New important facts of the dispute are found and the parties could not no before.
2. There are grounds to believe that the conclusion made by expert-witness, the interpreter are not true or the evidences given are false.
3. The judge, assessor prosecutor, process secretary intentionally make the file false.
4. The court's judgment, decision or the decision of the state agencies, based on which the court solved the dispute have been reversed.
Article 83.
Time-limit for protest, notice of the protest.
1. The time-limit for protest in the re-opening procedure is one year, from the date on which the court's judgment, decision have come into legal force.
2. The protest and the file must be sent to the Procuracy office at the same level in 10 days.
3. The copy of the protest must be sent to the people concerned to the protest.
Article 84.
Time-limit for the hearing in re-opening procedure.
Within one month from the date of receipt of the file, the court shall open the hearing in the re-opening procedure.
Article 85.
Competence of the court; a hearing in re-opening procedure.
The provisions, stipulated in Article 78 and 79 of this Ordinance shall also be applied to the re-opening procedure.
Article 86.
Right of the trial panel in re-opening procedure.
The trial panel in re-opening procedure is entitled:
1. To uphold the judgment, decision.
2. To reverse the judgment, decision and the dispute shall be re-tried in original court.
3. To reverse the judgment, decision and suspend the process according to the provisions prescribed in Article 39 of this Ordinance.
Chapter XIII
fiNAL PROVISIONS
Article 87.
Settlement of the economic dispute with foreign participation.
The Provisions of this Ordinance shall be applied to settlement of economic dispute in Vietnam, if one or all parties are foreign individual, juridical person, unless otherwise provided by the international agreements to which Socialist Republic of Vietn am is signatory or party.
Article 88.
Execution of the court's judgment, decision.
The court's judgment, decision on economic dispute shall be executed in accordance with Ordinance on execution of civil judgment, decision.
Article 89.
Effect of the Ordinance.
This Ordinance shall come into legal force from July 1st, 1994.
All provisions which are contrary to this Ordinance shall be repealed.
Article 90.
Guiding the implementation.
The Government, Supreme People's Court, Supreme People's Procuracy office within their competence shall guide the implementation of this Ordinance.
Hanoi, March 16, 1994.
for the Standing Committee of the National Assembly of SRV Chairman Chairman
NONG DUC MANH