In
case that civil lawsuit cannot be mediated or cannot conduct the mediation, the
Judge shall hold the meetings for checking the handover, access, disclosure of
evidences and mediation. In cases there are many parties in a case and some of
them are absent but present parties agree to conduct the meetings and the
conduct of the meeting does not affect rights and obligations of absent
parties, the Judges shall conduct meeting between present parties. If parties
request to postpone the mediation meeting until all parties attend, the Judge
shall postpone the meeting. The Judges must notify postponement and re-open of
meeting to the parties. The litigation lawyers could be the best advisors to
the client to utilize the procedures for the best interests of their client
depending on the situation.
In
the first-instance court hearings, when being summoned duly the the Court for
the first time, the parties or their representatives and defense counsels shall
be present at the Court hearings. If any of them is absent, the Trial Panel
shall postpone the Court hearings, unless such person requests for trial in
his/her absence. The Courts must notify the postponement of the Court hearings
to the parties, their representatives and defense counsels. When being summoned
duly for the second time, parties or their representatives and defense counsels
shall be present at the Court hearings unless they request for trials in their
absence. If the absence is caused by a force majeure event or an objective
obstacle, the Court may postpone the Court hearings, otherwise the Court shall
handle as follows: (i) The absence of plaintiff without his/her representative
shall be considered giving up the lawsuit initiation, thus the Court shall
issue a decision to terminate the case resolution for his/her request for
lawsuit initiation, unless such plaintiff requests for trials in their absence.
The plaintiff may re-initiate lawsuits according to law provisions; (ii) If
neither the defendant without counter-claims or a person with relevant
interests and duties (relevant person) without independent claims nor his/her
representative participates in the Court hearings, the Court shall conduct
trial in their absence; (iii) If neither the defendant with counter-claims nor
his/her representative participates in the Court hearings, such defendant shall
be considered giving up the counter claims, thus the Court shall issue a
decision to terminate the resolution for his/her counter claims, unless such
defendant requests for trial in his/her absence. The defendant may re-initiate
lawsuits for his/her counter-claims according to law provisions; (iv) If
neither relevant person with independent claims nor his/her representative
participates in the Court hearings, such person shall be considered giving up
the independent claims, thus the Court shall issue a decision to terminate the
resolution for his/her independent claims, unless such person requests for
trial in his/her absence. Such person may re-initiate lawsuits for his/her
independent claims according to law provisions; (v) If the defense counsels of
the parties is absent, the Court shall conduct trial in their absence.
When
the witnesses are absent, the Trial Panels shall decide to conduct trial or to
postpone the court. The Trial Panels shall still conduct trial if the witnesses
are absent but have earlier given their testimonies in person or sent their
testimonies to courts. The presiding Judges shall make such testimonies public.
The Trial Panels shall decide to postpone the Court hearings if the absence of
the witnesses at Court creates difficulties or affects the objective and
comprehensive resolution of the cases.
If
the expert-witnesses are absent, the Trial Panels shall decide to conduct trial
or to postpone the court. If the interpreters are absent without substitutes,
the Trial Panels shall decide to postpone the Court hearings. If
expert-witnesses or interpreters must be replaced, the Judges, the Trial panels
or the Civil matter-resolving council shall issue decisions to postpone the
Court hearings.
When
any procedure participants are absent from Court hearings and it does not fall
into the cases which the Courts must postpone the Court hearings, the presiding
Judges must ask if there is any one requesting to postpone the Court hearings.
If there is, the Trial Panels shall consider and decide to accept or not accept
such request. In case of non-acceptance, the reasons must be clearly stated.
In
addtion to absence and change of procedure participants, the change of
procedure-conducting person may make the Court hearings be postponed. Firstly,
in case of change of the Judge, People’s Jurors, Ombudspersons, Court clerks,
procurators, the Trial Panels shall issue decisions to postpone the Court
hearings.
Decision
on postponing the Court hearings in above circumstances is made by Trial Panels
and the time limit for postponing shall not exceed 01 month or not exceed 15
days, applicable to Court carried out under simplified procedure, from the day
on which the decision to postpone the Court session is issued.
Having
said that, the client could rely on the litigation lawyers in Vietnam for
the solution in each case to protect the best interests if postponement
procedures of the first instance trial could be applied.
We
are a law
firm in Vietnam with international standard, local expertise
and strong international network. We focus on customers’ needs and provide
clients with a high quality legal advice and services. For advice or services
request, please contact us via email ant@antlawyers.vn, or call us +84 24 730
86 529
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