Nghị quyết 103/2015/QH13 về thi hành Bộ luật tố tụng dân sự do Quốc hội ban hành

RESOLUTION

ON ENFORCEMENT OF THE CIVIL PROCEDURE CODE

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

RESOLVES:

Article 1.

From the effective date (July 1, 2016) of Civil Procedure Code No. 92/2015/QH13:

1. Civil, marriage and family, business, commercial or labor cases or matters which are accepted by the court before July 1,2016, but are settled according to first-instance procedures on or after July 1, 2016, shall be settled in accordance with this Code;

2. Civil, marriage and family, business, commercial or labor cases or matters which are settled by the court according to first-instance procedures before July 1, 2016, but are settled according to appellate procedures on or after July 1, 2016, shall be settled in accordance with this Code;

3. Judgments or decisions on civil, marriage and family, business, commercial or labor matters which have taken legal effect but are protested against according to cassation or reopening procedures before July 1, 2016, but are settled according to cassation or reopening procedures on or after July 1,2016, shall be settled in accordance with this Code;

4. For judgments or decisions on civil, marriage and family, business, commercial or labor matters which take legal effect before July 1,2016, but are protested against according to cassation or reopening procedures by competent persons on or after July 1, 2016, grounds for filing protests and the settlement according to cassation or reopening procedures must comply with this Code;

5. Marriage and family cases and matters which are accepted by the court for settlement before July 1, 2016, shall be settled by the court according to general procedures without transferring them to the family and juvenile court;

6. When settling civil, marriage and family, business, commercial or labor cases or matters, the court shall continue to apply current legal documents on legal cost, court fee and other proceeding costs until competent state agencies issue new regulations.

For civil, marriage and family, business, commercial or labor cases settled according to summary procedures, the legal cost level must be lower than that applicable to those settled according to normal procedures.

Article 2.

For civil, marriage and family, business, commercial or labor disputes or requests arising before January 1,2017, the statute of limitations prescribed in Article 159 and at Point h, Clause 1, Article 192 of Civil Procedure Code No. 24/2004/QH11, which was amended and supplemented under Law No. 65/2011/QH12, shall be applied.

Article 3.

1. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective functions and tasks, assume the prime responsibility for, or coordinate with related agencies in, reviewing the provisions of the law on civil procedures in order to annul, amend or supplement them or promulgate new ones, or proposing the National Assembly or the National Assembly Standing Committee to annul, amend or supplement them or promulgate new ones in accordance with Civil Procedure Code No. 92/2015/QH13, ensuring its effect from July 1, 2016.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their respective functions, tasks and powers, expeditiously strengthen the organizational structure and physical foundations; and provide professional training and refraining to cadres, civil servants and public employees, of people’s courts, people’s procuracies and civil judgment enforcement agencies to ensure the settlement of civil cases and matters when this Code takes effect.

3. The Government, Supreme People’s Court and Supreme People’s Procuracy shall, within the ambit of their respective tasks and powers, coordinate with the Vietnam Fatherland Front Central Committee and the Front’s member organizations in, widely disseminating and publicizing Civil Procedure Code No. 92/2015/QH13 among cadres, civil servants, public employees and the People in order to enhance socialist legality, and bring into play the effects of this Code in protecting the interests of the State and the lawful rights and interests of agencies, organizations and individuals.

4. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall guide the implementation of this Resolution.

This Resolution was adopted on November 25, 2015, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 10th session. -

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