PROCEDURES FOR PARTICIPATION IN THE CIVIL MATTER SETTLEMENT AT THE FIRST-INSTANCE COURT
In the previous article, we have introduced and guided the process of drafting and submitting a Petition for the civil matter settlement at the first-instance Court. Please refer to the below link:
In this article, we continue to share our experiences on procedures for participation in the civil matter settlement after the involved parties submit a petition to the Court for the civil matter settlement and the Court accepts the civil matter.
1. Acceptance of the civil matter and payment of the court charge advance
The Judge considers the Petition for the civil matter settlement (“Petition”) and issues one of the following decisions: (i) Requesting for amendment and supplementation of the Petition; (ii) Notifying the acceptance of the civil matter; or (iii) Returning the Petition.
When the civil matter meets the conditions for acceptance, the Court will notify the petitioner to carry out the procedure to pay the court charge for the civil matter settlement.
Within 05 working days from the day on which the notice of charge payment is received, the petitioner must pay the charge and submit the payment receipt to the Court, at that time, the Court will accept the civil matter. In case the petitioner is exempted from or does not have to pay the charge, the Judge will accept the civil matter from the day on which the petition is received.
Thus, the payment of the court charge advance is a condition precedent for the Court to accept the civil matter. Accordingly, the petitioner needs to note the time of receiving the Court’s notice and promptly pay the charge for the acceptance of the civil matter.
Within 03 working days from the working day on which the civil matter is accepted, the Judge will issue the notice accepting the civil matter and send it to the involved parties.
2. Receiving the Court’s decision within the time limit for preparation for petition consideration
The time limit for preparation for petition consideration is 01 month from the day on which the Court accepts the petition unless otherwise provided for by law. For example, the time limit for preparation to consider the declaration of a labor contract to be invalid is 10 days, of a collective bargaining agreement to be invalid is 15 days; to consider the legitimacy of a strike is 05 days, and to consider for recognition of the successful out-of-court mediation result is 15 days.
During the time limit for preparation for petition consideration, the Court can issue the following decisions: (i) Requesting the involved parties to supplement documents and evidence; (ii) Requesting agencies, organizations, and individuals to provide documents and evidence, summon witnesses, property expertise and price assessment; (iii) terminate the consideration of the petition and return the petition if the petitioner withdraws the petition; (iv) Deciding to open a meeting to settle the civil matter.
Thus, depending on each civil matter, the time limit for preparation for petition consideration is different and the Court must make the above decisions within such time limit. In addition, for cases where property expertise or price assessment is required but the result has not been produced, the time limit for preparation of petition consideration can be extended but must not exceed 1 month. Therefore, the petition should note the time limit for preparation to consider his/her civil matter to receive the Court’s decisions under the procedures of law.
3. Participating in the meeting to settle the civil matter
Within 15 days from the day on which the decision to open the meeting is issued, the Court must open a meeting to settle the civil matter between the involved parties.
The meeting to settle the civil matter must be held at the time and place stated in the decision to open the meeting or in the notice of reopening the meeting if it is previously adjourned.
The meeting to settle the civil matter is conducted under the following procedures:
(i) Opening the meeting: The judge checks the presence and absence of summoned parties and their identification cards;
(ii) The involved parties present their opinions: The parties present their opinions and arguments to prove the issue requested for the Court’s settlement and unclear related issues;
(iii) Deciding to settle the civil matter: After hearing the presentation of the parties, the Tribunal Panel will consider and decide to accept or reject the requests for the civil matter settlement and issue a Decision on settlement of the civil matter.
4. Receiving the Decision on settlement of the civil matter
Within 5 working days from the date on which the Decision on settlement of the civil matter is issued, the Court must send it to the involved parties.
The Decision on settlement of the civil matter will take effect within 15 days from the date of issuance if there is no appeal by the involved parties and the Procuracy.
However, Decisions on settlement of civil matters which recognizing the parties’ agreement will immediately take effect, such as the Decisions to recognize or not to recognize the result of successful out-of-court mediation, the Decision on recognition of the voluntary divorce, and agreement on child custody, and property division upon the divorce.
Above is our legal share on the procedures for participation in the civil matter settlement at the first-instance Court. We hope that this article can help you better understand and take notes on these procedures to protect your legitimate rights and interests when participating in the civil matter settlement at the Court.
TNTP & Associates International Law Firm