Main tasks and practical skills:
- Procedure for resolving a number of specific civil matters is provided in the CPC (such as a request to declare a person dead, a request to recognize a decision of a foreign arbitrator, etc.) and provisions of the CPC shall apply.
- For any civil matter of which the procedure for resolving it is not specifically stipulated (such as a request to recognize a voluntary divorce, a request to revoke an illegally marriage, etc.) the provisions of the CPC in relation to the preparation for hearing civil cases shall apply (in the spirit of Article 311 of the CPC).
- A civil matter includes no defendant, but «relevant persons». Relevant persons mean persons who are involved in the proceedings with the petitioner, not the ones having related rights and obligations (like the provisions on procedure for resolving a request to declare a person dead, etc.)
- A civil matter includes no disputes (Article 311 of the CPC). In principle, there is no procedure for conciliation or counter-claim.
- Notification of acceptance of the case to relevant persons, which is not in contradiction with Chapter XX, shall be conducted in accordance with Article 174 and Article 175 of the CPC. However, if a relevant person has a dispute with the petitioner, such dispute shall not be resolved under the procedure for resolving a civil matter.
For example: A couple (husband A + wife B) agrees to voluntarily divorce and each agrees to pay half of a loan of ten million dongs for Mr. C. But upon notification of the payment, Mr. C claimed that Mr. A and Ms. B owed him 20 million dongs, not 10 million dongs. Then the lending-borrowing relation must be separated and resolved in another case.
- About time limit for preparation for considering the petition: In Part on «General provisions on procedure for resolving civil matters» there is no provision on time limit for preparation for considering the petition. Therefore, time limit for preparation for considering the petition shall be conducted in accordance with provisions on time limit for preparation for hearing as provided in Article 179 of the CPC, except for civil matters that are specifically provided (For example: time limit for preparation for considering the petition requesting to announce a search for a person absent from their residence shall be 20 days, from the date when the Court accepts the petition – Item 1 of Article 325 of the CPC).
- Decisions can be issued by the Court during preparation for considering the petition
- Except for matters otherwise provided, the Court shall apply provisions on preparation for hearing, of which the Court shall request the petitioner to add or amend the petition (pursuant to Article 169 and Article 79 of the CPC);
- Temporary suspending the resolution of the civil matter (pursuant to Article 189);
- Suspending the resolution of the civil matter (pursuant to Article 192 of the CPC);
- Where parties have a request to recognize a voluntary divorce, post-divorce child custody or post-divorce property division; or a request to recognize an agreement on changing the post-divorce child custodian as provided in Item 2 and Item 3 of Article 28 of the CPC, but during preparation for considering the petition, if one or both parties make any change to all or part of the request and a dispute occurs, it shall be deemed that the litigants have withdrawn the petition. The Court shall suspend the resolution of the civil matter, and apply Article 311 and Point c of Item 1 of Article 192 of the CPC (as provided in Sub-section 7.2 of Section 7 of Part I of Resolution No. 01/2005/NQ-HDTP);
- Decision to open a meeting to resolve a civil matter. The contents of this decision shall follow the contents of «the decision to bring the case to trial» as provided in Article 195 of the CPC.
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