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CASES OF COURT RETURN YOUR APPEAL AND INSTRUCTIONS FOR SUBMITTING APPLICATION FOR RETURNING TO THE CASE

  23/06/2020

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  1. Return the lawsuit petition

Return the lawsuit petition means that the Competent Court after reviewing the case, has returned the lawsuit petition and the documents attached to the plaintiff, after considering that the lawsuit petition has not met all conditions for initiating lawsuits as prescribed by law, thus, the Court cannot handle the case. The cases in which the lawsuit petition has been returned as follows:

  • The plaintiff does not have the right to sue in accordance with Article 186 and Article 187 of the 2015 Civil Proceeding Ministry or has insufficient civil procedure act capacity:
  • The Plaintiff is not aiming to protect his/her legal rights and interests or to protect the legitimate rights and interests of agencies, organizations and individuals that he/she is a legal representative of;
  • The plaintiff who is not in the case prescribed by law has the right to initiate rights and interests, the public interests, and the interests of the State.
  • The plaintiff has brought a lawsuit to the Court lacking one of the essential conditions that the Civil Procedure Law, another Law has regulated to the agencies, organizations and individuals to initiate a lawsuit to request the Court protect their legitimate rights and interests of others, the public interest and the interests of the State;
  • The case has been settled by a legally effective judgment or decision of the Court or a decision of competent state authority;
  • Upon expiry of the time limit for payment of court fee advances as prescribed in Clause 2, Article 195 of this Code, the litigators fail to submit receipts of collection of court fee advances to the Court, the petitioners are not exempted. or not having to pay the court fee advance or not meeting objective obstacles or force majeure events;
  • The case is not under the jurisdiction of the Court but according to the provisions of law, such civil, marriage and family, business, commercial, labor disputes are under the jurisdiction of the agency, other organizations, or being handled by other competent agencies or organizations.
  • The plaintiff does not amend or supplement the lawsuit petition at the request of the Judge;
  • The plaintiff withdraws the lawsuit petition.

Note: There is no regulation on the return of the lawsuit petition because the statute of limitations has expired, so the Court cannot take the reason for the expiration of the time limit to take action to return the lawsuit petition. A case from January 1, 2012, the Court returns the lawsuit petition due to the expiry of the time limit for initiating legal action and the time limit for settlement of complaints and petitions regarding the return of the petition has expired and the involved parties If a request to re-initiate such a case is made, the Court shall consider accepting the case according to general procedures.

  1. File a lawsuit against the initial lawsuit
  • The plaintiff has sufficient civil procedure act capacity;
  • Request a divorce, request for change of child support, change of support level, compensation for damages, request for change of property manager, change of estate manager, change of guardian or case a court claiming assets, properties for lease, lending, demanding houses, demanding land use rights for lease, lending, or staying in which the Court has not previously accepted the requests but is prescribed by law. initiate a lawsuit;
  • Has sufficient legal conditions to sue;
  • Other conditions as stipulated in law, including:
  • For civil cases in a dispute over inheritance property before January 1, 2017, the Court has returned the petition or issued a decision to suspend the resolution of the case and return the petition for reasons. Due to the “statute of limitations for initiating a lawsuit has expired” but according to the provisions of Clause 1, Article 623, Point d, Clause 1, Article 688 of the 2015 Civil Code, the statute of limitations for instituting a lawsuit remains, the petitioner has the right to file a petition. sue the case in accordance with Point d Clause 1 Article 688 of the 2015 Civil Code and Point d Clause 3 Article 192 of the 2015 Civil Procedure Code.
  • For civil cases where disputes over inheritance property before January 1, 2017, have been resolved by a court judgment or decision (except for the decision to suspend the resolution of a civil case for prescription the lawsuit has expired) has taken legal effect, under the provisions of Point c, Clause 1, Article 192 of the 2015 Civil Procedure Code, the petitioner has no right to file a lawsuit against that case;
  • For civil cases where the division of common property as inheritance has expired for 10 years from the time of opening the inheritance, before January 1, 2017, the Court issued a decision to suspend the settlement of the case. and return the petition because the conditions for joint division of property are ineligible, but as prescribed in Clause 1 Article 623, point d Clause 1 Article 688 of the 2015 Civil Code of the statute of limitations for instituting a lawsuit on inheritance division for With such inheritance still existing, the petitioner shall have the right to file a lawsuit to request the division of the inheritance according to the provisions of Point d, Clause 1, Article 688 and Point d, Clause 3, Article 192 of the Civil Procedure Code. 2015 and the Court considered accepting and handling according to general procedures.
  • For civil cases where the division of common property as inheritance has expired for 10 years from the time of opening the inheritance and before January 1, 2017, the Court has resolved by the judgment or decision. (except for the decision to suspend the resolution of civil lawsuits because the statute of limitations for initiating a lawsuit has expired) has taken legal effect, under the provisions of Point c, Clause 1, Article 192 of the 2015 Civil Procedure Code, the petitioner does not have the right to file a lawsuit against that case;

In many cases, the person who filed the lawsuit petition was returned, and did not know how to amend or supplement; or during implementation did not pay attention to many factors leading to the expiry of time limit to take action. Therefore, when problems arise, readers should consult a lawyer to ensure their best interests.

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