Acceptance of civil cases means that the court receives the petition from the plaintiff and enters the civil case acceptance book for settlement.
According to Article 191, 192 of the Law on Code of Civil Procedure 2015, after receiving the lawsuit petition and accompanying evidence and documents, the court must record it in the petition acceptance book and the court judge must assign a judge to consider the petition in the time limit prescribed by law.
In case the court finds that the case falls under the jurisdiction of its unit, the court must notify the litigator so that they can pay the court fee in advance. After the petitioner submits to the court the receipt for payment of the court fee advance, the court shall decide to accept the settlement and enter the civil case acceptance book. Such court activities are called civil case handling.
Adjudicating the case is the first job of the court in the proceedings. Without the hearing of the case by the court, there would be no further steps in the proceedings.
The handling of a civil case has important legal significance because it places the responsibility on the court to resolve the case within the statutory time.
After accepting the case, the judge must summon the involved parties to the court for verification and reconciliation; For matters that cannot be conciliated by law, they must urgently complete the dossier to bring the case to trial at the court hearing.
Accepting civil cases also has practical significance to ensure timely protection of the legitimate rights and interests of subjects in the fields of civil, economic, labor, marriage and family; timely settlement of conflicts and disputes among the people, creating people’s trust in law enforcement agencies, in which the court is the body that directly accepts and resolves.
Procedures for handling civil cases
Receiving lawsuit petitions and handling lawsuit petitions: According to Article 191 of the Law on Code of Civil Procedure 2015, the court must receive lawsuit petitions filed by the involved parties directly at the court or sent by post or sent online and must be recorded in an acceptance book. When receiving lawsuit petitions in the form prescribed by law, the court must immediately issue a written certification of receipt of the petition or notify the petitioner thereof.
Within 5 working days after receiving the lawsuit petition, the assigned judge must consider the petition and make one of the following decisions:
+ Request for amendment and supplementation of the petition;
+ Carrying out the procedures for accepting the case if the case falls under the jurisdiction of settlement;
+ Transfer the lawsuit petition to a competent court and notify the petitioner if the case falls under the jurisdiction of another court;
+ Return the petition to the petitioner.
According to the provisions of Article 193, in case the lawsuit petition does not contain all the contents specified in Clause 4, Article 189 of the Law on Code of Civil Procedure 2015, the judge shall notify the petitioner so that they can amend and supplement them within a specified time limit fixed by the judge but not more than 1 month; in special cases, the judge may extend but not more than 15 days. In case the plaintiff has amended and supplemented the lawsuit petition in accordance with regulations, the judge shall continue to carry out the procedures for accepting the case; if they do not amend or supplement at the judge’s request, the judge shall return the lawsuit petition and enclosed documents and evidence.
Article 195 of the Law on Code of Civil Procedure 2015 stipulates that, after receiving the lawsuit petition and accompanying documents and evidence, it deems that the case falls under the jurisdiction of the court, the judge must determine the court fee advance and notify it immediately inform the plaintiff so that they can go to the court to carry out the procedures for paying the court fee advance in case they have to pay the court fee advance. The judge estimates the advance amount, writes it on the notice slip, and hands it over to the petitioner for them to pay the court fee advance. Within 07 days from the date of receiving the court’s notice of the payment of the court fee advance, the plaintiff must pay the court fee advance.
When the petitioner submits to the court a receipt for the payment of the court fee advance, the judge shall accept the case and enter the civil case acceptance book. In case the plaintiff is exempted or not required to pay the court fee advance, the judge must accept the case when receiving the lawsuit petition and enclosed documents and evidence.
Within 3 working days after accepting the case, the judge must notify in writing the plaintiff, defendant, agencies, organizations, and individuals with related interests and obligations, and the procuracy at the same level regarding the court’s acceptance of the case.
Cases where the court returns the petition
When considering the acceptance of the case, if it is found that the lawsuit has not fully met the conditions for initiating a lawsuit, so the case cannot be accepted, the judge shall return the lawsuit petition and accompanying evidence and documents to the initiator. According to Clause 1, Article 192 of the Law on Code of Civil Procedure 2015e, the judge has the right to return the petition to the applicant in the following cases:
+ The plaintiff does not have the right to initiate a lawsuit or does not have the civil procedure act capacity;
+ The matter has been settled by a legally effective judgment or decision of a court or an effective decision of a competent state agency unless otherwise provided for by law;
+ Upon expiry of the notice period specified in Clause 2, Article 191 of the Law on Code of Civil Procedure 2015, the plaintiff fails to submit a receipt for the collection of court cost advance to the court, unless there is an objective obstacle or force majeure;
+ Not enough conditions to initiate lawsuits;
+ The case is not under the jurisdiction of the court;
+ The petitioner fails to amend or supplement the lawsuit petition at the request of the judge;
+ The petitioner withdraws the petition.
According to the provisions of Article 194 of the Law on Code of Civil Procedure 2015, within 10 working days from the date of receipt of the lawsuit petition and accompanying documents and evidence returned by the court, the petitioner has the right to lodge a complaint, the procuracy and authority have the right to petition the chief judge of the court that has returned the petition. Immediately after receiving a complaint or petition about the return of the petition, the chief judge must assign another judge to consider and settle the complaint or petition.
Within 5 working days after receiving the assignment, the judge must open a meeting to consider and settle complaints and recommendations with the participation of representatives of the procuracies of the same level and involved parties; in case the involved parties are absent, the judge will still conduct the meeting. Within 10 working days after receiving the judge’s decision to respond to the complaint or petition on the return of the lawsuit petition, the petitioner has the right to lodge a complaint, and the procuracies have the right to petition the chief judge Court on a direct level to consider and settle.
Within 10 working days from the date of receipt of complaints or concerns about the return of lawsuit petitions, the chief justice of the immediate superior court must settle the complaint or petition. In case there are grounds to determine that the settlement decision of the chief justice of the immediate superior court has violated the law, within 10 days after receiving the decision, the involved parties have the right to complain, the procuracies has the right to petition the chief justice of the superior people’s court or the chief justice of the supreme people’s court. Within 10 days from the date of receipt of the involved parties’ complaints or proposals of the procuracies, the chief justices must settle them. The judge’s decision is final.
Above is an article about “Legal regulations on handling civil cases” of Apra Law Firm. If you have questions or comments about the issues mentioned in the article and need to be answered, please contact the hotline for advice and support.
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