BOARD OF JUDGES | SOCIALIST REPUBLIC OF VIETNAM |
No: 01 / 2020/NQ-HDTP | Hanoi, March 5,2020 |
COUNCIL OF JUDGES OF THE SUPPORT PEOPLE'S COURT
Pursuant to Law T toorganize the People's Court on November 24, 2014;
Pursuant to the November 24, 2015 Civil Code;
Pursuant to the November 25, 2015 Civil Procedure Code;
Toproperly and uniformly apply a number of provisions of law in settling disputes over common property of the family;
After consulting with the Chief Procurator of the Supreme People's Procuracy and the Minister of Justice,
DECIDES:
This Resolution guides the application of a number of legal provisions on identification of family members; the right to initiate a lawsuit on a dispute over the common property of the family line to protect the family's legitimate rights and interests; litigants in a dispute over the common property of the family; address of the defendant, person with related interests and obligations; enter a dispute over the common property of the family.
Article 2. Identification of family members
A family member is an individual within a family line identified by common, recognized custom where the lineage exists. The disputing parties are responsible for providingthe family members' surnames, names and addresses.
1. Family members have the right to initiate a lawsuit on a dispute over the family's common propertyto protectthe family's legitimate rights and interests in accordance with thecivil procedure law.
2. The family line is not the plaintiff. Collectives (for example, genealogy, branch family, clan council...) do not have the right to initiate a lawsuit over a dispute over the common property of the family line to protect the family's legitimate rights and interests.
Article 4. Involved parties in a dispute over common family property
1. The plaintiff in a dispute over the common property of the family line is the petitioner requesting the Court to settle the dispute over the common property of the family line.
2. The defendant in the case of a dispute over the common property of the family line is the person being sued. The defendant may be a family member or a person who is not a family member but has rights and obligations related to the common property of the family.
3. A person with related interests and obligations in a dispute about common family property is a person who, although not suing or being sued, has the settlement of the case related to their interests and obligations. . Persons with related rights and obligations include other family members and non-family members. Other family members shall be identified as persons with related interests and obligations if so requested by the involved parties and accepted by the Court before making decisions to bring the case to trial.
1. The residential address of the defendant and persons with related interests and obligations in a dispute over common family property shall be determined according to the provisions of the Civil Procedure Code and guidance at Articles 5 and 6 of Resolution No. 04/2017/NQ-HDTP dated May 5, 2017 of the Council of Judges of the Supreme People's Court guiding a number of provisions in Clauses 1 and 3, Article 192 of the Code of Criminal Procedure. Civil litigation No. 92/2015/QH13 on return of lawsuit petitions, right to file lawsuits again.
2. Regarding the address of the person with related interests and obligations being a family member:
a) In case the involved parties can provide addresses of family members, the Court shall include them in the proceedings as persons with related interests and obligations;
b) In case the involved parties cannot provide the addresses of family members, theCourts shall not allow them to participate in the proceedings as persons with related interests and obligations. Rights and obligations of family members who have not yet participated in the proceedings will be resolved by another case upon request.
Article 6. Entering a dispute over common family property
The court shall enter two or more disputes over the common property of the family line when the following conditions are satisfied:
1. The entry for settlement in the same case must comply with the law;
2. Claims to initiate lawsuits related to the common property of the family line;
3. The entry and settlement in the same case do not affect thelawful rights and interests of the involved parties.
Article 7. Transition provisions
1. For disputes over common family property that the Court has accepted before the effective date of this Resolution and is in the preparation stage for first-instance trial, the guidance of this Decree shall apply. this decision to resolve.
2. For court judgments and decisions that have taken legal effect before the effective date of this Resolution, the guidance of this Resolution shall not apply to protest and trial according to cassation procedures. or reopening, except for the case ofprotest on other grounds.
1. This Resolution was approved by the Council of Judges of the Supreme People's Court on February 21, 2020 and takes effect from April 10, 2020.
2. In the course of implementation, if there are any problems thatneed additional explanation or guidance, the Courts, individuals, agencies and organizations are requested to report them to the Supreme People's Court (through approval). Department of Legal and Scientific Managementc) for timely explanation or additional guidance .
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