Print article

Noticeable guides on Civil Procedure Code 2015 (Part 2)

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

March 10, 2016 10:32 AM GMT+7

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

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

Informing each other of documents and evidence

Under the CPC 2015, the persons concerned and persons protecting the rights and interests of the persons concerned have the right to collect and hand over documents and evidence from the time the civil case is filed in the Court and has an obligation to notify each other of the documents and evidence.

Checking submission, access, evidence disclosure and reconciliation

To further ensure the concerned persons have full access to the documents and evidence submitted by the other concerned persons, CPC 2015 added a new regulatory process for resolving civil cases – a meeting for checking submissions, access and evidence disclosure. As a rule, this meeting will be held simultaneously in combination with the mediation (unless the case is settled under a more abbreviated procedure or under circumstances which cannot be mediated or cannot be conducted during the meditation according to regulations of the law). At the meeting for reviewing the submission, access, evidence disclosure and reconciliation, the judge will announce the documents and evidence in the case file and asks the concerned persons what issues relate to requests and petition scope and the submission, supplementation of documentation and evidence.

Supplementation of 2 cases where mediation cannot be conducted

Besides the 2 cases that are deemed as being irreconcilable under the current regulations in order to shorten the time limit for settling the case, CPC 2015 defined a further two cases that are also considered as being irreconcilable including:

The concerned person is a spouse in a divorce case who loses his/her capacity for civil acts;

One of the concerned people proposes not to conduct reconciliation./.