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TEMPORARY SUSPENSION CASES FOR RESOLUTION OF CIVIL CASES

  08/07/2020

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Temporary suspension of the civil resolution is the Court’s decision on suspending to resolve the case which is being handled for a definite period of time when there is a reasonable ground prescribed in law. When reasons for the suspension are no longer exist, the Court will continue to resolve the cases.

Temporary Suspension of the civil resolution does not terminate the cases, however, it just interrupts the process of the civil procedure when there are some certain issues arising which may have changed on the cases. The difference between the suspension of the civil resolution and adjourn a court hearing is that to adjourn a court hearing is conducting when the Court is exercising the trial, while the suspension of the civil resolution is usually taken by the Court in the stage of trial preparation. The suspension of the trial shall be conducted only for a short period of time determined by the Court, while the suspension period for resolving civil cases is usually quite long and not deterministic (until the due to suspension is no longer available).

Whereas, suspension of the civil resolution is because of objective details of cases which makes the proceeding will not guaranteed rights of involved parties or rightness of the settlement cases of civil or will not be guaranteed of cooperation between agencies and organization.

  1. The lawyer gives advice for cases of suspension of the civil resolution.

–           The involved parties being individuals have died or being agencies or organizations have been merged, divided, separated or dissolved without any agencies, organizations or individuals inheriting their procedural rights and obligations;

–           One involved party being an individual has lost his/her civil act capacity or being a minor while his/her representative at law has not been determined yet;

–           The lawful representative of an involved party terminates without a replacement;

–           The results of resolution of another related case or matter, which, as required by law, must be settled by other agencies or organizations before the cases are resolved, need to be waited for;

–           The results of the request for judicial assistance, entrustment of evidence collection or materials or evidence sent from agencies/organizations at the request of the Court need to be waited for;

–           The results of the processing of legislative documents, which, related to the case resolution denote violations against a Constitution, Law or Resolution of National Assembly, Ordinance or Resolution of the Standing committee of the National, legislative documents of superior regulatory agencies to which the Court have sent written recommendations for consideration for amendment, supplement or annulment, need to be waited for;

–           To settle requires of cooperative, company which are inability to pay to bear obligation.

  1. The consequence of the suspension of the resolution of civil lawsuits.

–           The Court must not delete the names of suspended civil lawsuits from the case acceptance books but only note down the number and date of the decisions to suspend the resolution of such civil lawsuits in the case acceptance books.

–           The Court fee advances and Court fees paid by the involved parties shall be deposited at the State Treasury and handled when the Courts proceed with the resolution of the civil lawsuits

–           The Judges assigned to resolve the cases shall supervise and expedite agencies, organizations, and individuals to as soon as possible eliminate the problems leading to such suspension to promptly settle the cases.

–           Decisions to suspend the resolution of the civil lawsuits may be appealed against under appellate procedures.

Note: The involved parties have rights to requires the Court to suspense the resolution of civil lawsuits. The Judges in charge of the cases must be responsible for review the requirement whether it is justifiable or not. If it is justifiable, the Court would suspense of the resolution of civil lawsuits.

Determining a ground to suspension of the resolution of civil lawsuits is complicated. So, if readers have any questions, please contact us.

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