Procedures for resolving civil matters under legal regulations
In everyday life, many legal events arise that are not related to disputes but still require the involvement of the Court to ensure the lawful rights and interests of individuals and organizations. Civil matters refer to legal procedures applied to review and resolve requests made by individuals or organizations in accordance with procedures and orders prescribed by law. However, in practice, many people still confuse civil cases with civil matters. In this article, TNTP will clarify the distinction and outline the procedures for resolving civil matters under current legal regulations.
1. Definition and characteristics of civil matters and the distinction between civil matters and civil cases
Before delving into the procedures for resolving civil matters, it is essential to clearly understand the concept of “civil matters” and distinguish them from civil cases.
(i) Civil matters are defined in Article 361 of the Code of Civil Procedure 2015 as requests made by individuals, agencies, or organizations to the Court for the resolution of issues related to civil, marriage and family, business, commercial, or labor relations. A key characteristic of civil matters is that they do not involve disputes between parties. Instead, they are requests from one party submitted to the Court to recognize or deny a specific legal event as the basis for the establishment of civil rights and obligations.
For example: a request to declare a person missing or deceased; a request to restrict a person’s legal capacity for civil acts; a request to recognize an ownerless property; etc.
(ii) A civil lawsuit refers to disputes that arise between parties regarding their rights and obligations, which are brought before the Court for resolution. In a civil lawsuit, there is a plaintiff (the person requesting protection of their lawful rights and interests), a defendant, and other persons with related rights and obligations.
Based on the above definitions, civil lawsuits and civil matters can be distinguished according to the following criteria:
a. Nature of the dispute
• Civil lawsuits: Involve a dispute between parties.
• Civil matters: Do not involve any dispute.
b. Form of resolution
• Civil lawsuits: Initiated by filing a lawsuit with the court.
• Civil matters: Involve a request to the Court to recognize or not recognize a legal event as the basis for the establishment of civil rights and obligations.
c. Court proceedings
• Civil lawsuits: May go through several stages, including first-instance, appellate, cassation, or retrial.
• Civil matters: The Court verifies the request and issues a decision or declaration based on the petition of the individual or organization.
d. Court fees and charges
• Civil lawsuits: Subject to ad valorem court fees (calculated as a percentage of the disputed amount) and non-ad valorem court fees (fixed amount).
• Civil matters: Subject to fixed fees (as specifically provided in Resolution No. 326/2016/NQ-UBTVQH14 on court fee and charge rates, exemptions, reductions, collection, payment, management, and use).
2. Procedures for resolving civil matters
(i) Step 1: Submitting a petition for resolution of a civil matter
• The petitioner must submit a written request for the resolution of a civil matter to the competent court. The court’s jurisdiction is determined based on territorial jurisdiction and jurisdiction by level of adjudication, stipulated in Civil Procedure Code 2015.
• According to Article 362 of the Code of Civil Procedure 2015, the petition must include all basic information such as the date of submission, the name of the competent court, and detailed information about the petitioner, including full name, address, phone number, and email address (if any).
The petition must clearly state the specific matter to be resolved by the court, along with the reasons, purpose, and legal basis for the request. It should also include information on any related persons (if any), as well as any additional information the petitioner deems necessary for the resolution of the request.
(ii) Step 2: The court reviews the petition for resolution of a civil matter
The review of the petition is specifically regulated in Article 363 of the Code of Civil Procedure 2015. After receiving the petition, the court examines the validity of the documents. The assigned judge is responsible for verifying the legality of the petition as follows:
• If the petition does not contain the required information, the judge will notify the petitioner to amend or supplement the petition within 7 days from the date of receiving the notification.
• The petition may be returned in the following cases: the petitioner lacks the right to make the request or does not have the legal capacity to engage in procedural actions; the matter has already been resolved by the court or the competent authority; the request is beyond the court’s jurisdiction; the petitioner fails to amend or supplement the petition within the prescribed time limit; the petitioner does not pay the fees; or the petitioner withdraws the petition.
• If the petition meets all the conditions for acceptance, the judge will notify the petitioner to fulfill the fee obligation and issue a notice of acceptance for the petition.
(iii) Step 3: The stage of preparing to review the petition
After the petition is accepted, the court proceeds to the stage of preparing to review the civil matter request. The assigned judge is responsible for checking the legality of the petition, verifying the facts of the case, and summoning relevant parties if necessary. The time limit for this stage is 1 month or 2 months for complex civil matters, as stipulated in Article 366 of the Code of Civil Procedure 2015.
(iv) Step 4: The stage of opening the hearing to resolve the civil matter
After reviewing all the content and evidence, the court will issue a decision to resolve the civil matter. This decision is effective immediately and serves as the legal basis for the execution of the arising rights and obligations.
3. Appeal and protest in resolving civil matters
• The requester, those with related rights and obligations in the resolution of civil matters, as well as the Prosecutor’s Office at the same level or the higher-level Prosecutor’s Office, have the right to appeal or protest the decision resolving the civil matter, requesting the court at the higher level to reconsider the case under the appellate procedure.
However, there are specific cases that do not fall within the scope of appeal or protest, including: requests for recognition of successful mediation outside the court; requests for the recognition of mutual consent divorce, child custody agreements, and division of property upon divorce; requests related to the recognition of agreements by parents regarding changes in the person directly raising the child after divorce, or the recognition of changes in accordance with the laws on marriage and family.
• For court decisions, the requester and those with related rights have the right to appeal within 10 days from the date the decision is made, according to Article 375 of the Code of Civil Procedure 2015.
The process of resolving civil matters plays an important role in protecting the legitimate rights and interests of individuals and organizations in legal issues that do not involve disputes. Understanding and fully complying with the legal procedures and requirements is crucial to ensuring that the process of resolving civil matters is quick, effective, and fair, while safeguarding the legal rights of all parties involved.
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