If involved parties are residing abroad, civil cases cannot be resolved according to simplified procedures in Vietnam?

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Question date: 19/09/2022

Please ask, if involved parties are living abroad, civil cases cannot be resolved according to simplified procedures in Vietnam?

    • Clause 1 Article 317 of the Civil Procedure Code 2015 provides for conditions for application of simplified procedures in Vietnam:

      1. The Court shall resolve a case according to simplified procedure when all of the following conditions are satisfied:

      a) The case has simple details, clear legal relationship and the involved parties have admitted their obligations; materials and evidences are sufficient, ensuring the sufficiency of grounds for the resolution of the case and the Court does not have to collect materials/evidences;

      b) Addresses of residence and headquarters of all of involved parties are determined;

      c) None of involved parties reside overseas and there are no properties being in dispute are in foreign countries, unless the involved parties residing overseas and the ones residing in Vietnam have reached agreements to request the Courts to resolve the cases according to simplified procedures or the involved parties have presented evidences about the legitimate right to ownership towards the properties and have reached agreements about the handling of the properties.

      Absence of involved parties residing abroad is one of the conditions for the court to settle the case according to simplified procedures. However, if the remaining conditions are met but the involved parties reside abroad, the involved parties residing abroad and the involved parties residing in Vietnam can reach an agreement to request the court to settle the case according to simplified procedures, the court shall settle the case according to simplified procedures.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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