Noticeable guides on Civil Procedure Code 2015 (Part 1)
13:56 | 23/02/2016

VGP – Civil Procedure Code No. 92/2015/QH13 passed by the National Assembly on November 25, 2015, effective from July 1, 2016 (CPC 2015)

Question: What are noticeable points of Civil Procedure Code 2015?

Answer: CPC 2015 provides many breakthrough innovations affecting the settlement procedures of civil cases.

Settlement of civil cases if no law applies

CPC 2015 requires the Court not to refuse the settlement of civil cases if no law applies. The settlement of cases which does not directly evoke the law at the time the dispute arises will be carried out according to the rules of the Civil Code and the provisions of CPC 2015.

CPC 2015 has reversed Section 3 of Chapter III to provide guidelines for handling cases without applicable law. Accordingly, the determination of the jurisdiction of the Court, order and procedures for settling the case will apply similar to cases regulated by law. The CPC 2015 provides as follows:

· Where the parties are not in agreement and not prescribed by the law, the Court will apply standard settlement practices; if the parties cited different practices, the applicable practice will be the other recognized in the place the civil case arises;

· Where there is no agreement, law or general practice applicable, the Court may apply similar law to settle; and

· Courts may only apply the basic principles of the civil code, legal precedent and justice to settle civil cases when practice and similar law cannot be applied.

Expanding the jurisdiction of the Court

The CPC 2015 supplements some categories of disputes and civil requests which are under the jurisdiction of the Court:

· Disputes over compensation for damage caused by the application of administrative prevention measures not compliant with the provision of competition law, unless claim for damages is to be settled under administrative procedures.

· Disputes over births by reproduction assisting techniques, surrogacy for humanitarian purposes; custody disputes, property division of men and women living together as spouses without marriage registration or unlawfully cancelling the marriage;

· Disputes between people who are not yet company members but have transaction on the transfer of capital with the company, members of the company;

· Disputes over apprenticeship, training, sublease labor, trade union rights and trade union funds, occupational safety, occupational health, compensation for damages caused by illegal strikes;

· Declarations recognizing the successful results of conciliation outside courts; declarations on the neutralization of agreements on property regulation of spouses; cancelling the resolution of the General Meeting of Shareholders and resolutions of the Broad members as stipulated by the law on enterprises; request of declarations neutralizing labor contracts, collective labor agreements; request to examine the legality of a strike, and so forth.

 

 

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