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HANOI LAWUNIVERSITY

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SUBJECT: LEGAL ENGLISH 3

Hanoi, 2024

BIÊN BẢN XÁC ĐỊNH MỨC ĐỘ THAM GIA VÀ KẾT QUẢTHAM GIA LÀM BÀI TẬP NHÓM

Ngày: …/…/2024 Địa điểm: Trường Đại học Luật Hà Nội

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Tên bài tập: Making a claim in Vietnamese civil court Môn học: Tiếng Anh pháp lý 3 Xác định mức độ tham gia và kết quả tham gia của từng sinh viên trong việc thực hiện bài tập nhóm Kết quả như sau: 3 472524 Vương Minh Châu X Hà Nội, ngày … tháng … năm 2024 Kết quả điểm bài viết: NHÓM TRƯỞNG - Giáo viên chấm thứ nhất:.………

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MAIN CONTENTS 2

I Understanding the basics of a claim 2

1.1 Definition of a claim in civil court 2

1.2 Types of civil claims 2

1.3 Requirements to file a civil claim 3

II The process of making a claim in the civil court 4

2.1 Submission of a lawsuit petition 4

2.2 Accepting cases 5

2.3 Mediation and preparation for a trial 5

2.4 The first-instance trial 6

III Real-life case 8

In the heart of Southeast Asia lies Vietnam, a nation pulsating with the rhythms of a rich cultural heritage and the vibrancy of a rapidly evolving modern society Amidst its bustling streets and burgeoning skylines, the realm of law serves as both a guardian of individual rights and a crucible for resolving disputes that arise within this dynamic milieu Within this context, civil claims emerge as threads in a vast tapestry of legal intricacies, weaving together the diverse fabric of societal norms, economic imperatives, and historical legacies As we embark on an exploration of civil claims in Vietnam, we delve into a landscape shaped by tradition and transformation, where the pursuit of justice intersects with the complexities of modernity, offering insights into the challenges and opportunities inherent in navigating the Vietnamese legal system.

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MAIN CONTENTS

I Understanding the basics of a claim

1 Definition of a claim in civil court

A claim in general is a set of operative facts creating a right enforceable in court The term claim is generally synonymous with the phrase cause of action, though some contexts prefer to use one of the terms over the other For example, in the field of insurance, you generally file a claim for coverage under a policy rather than file a cause of action for coverage under a policy 1

In other words, a claim is a legal term that refers to a right or demand that one party owes another A claim can be for money, property, benefits, or possession of land As a verb in tort law, “claim” means to put forth a formal demand for payment that is due as a remedy for an injury As a noun in tort law, “a claim” is a written demand for something due In other words, claims in tort law help grant victims compensation 2

According to Vietnam Civil Code 2015, based on Article 13 Compensation for damage, each person has his/her civil rights violated shall be eligible for total damage, unless otherwise agreed by parties or unless otherwise prescribed by law Therefore, making a claim is to ask the party that caused damages to compensate for damages they have done to the injured party A claimant can file a claim for either contractual or non-contractual damages

2 Types of civil claims

Civil claims can cover a wide range of matters A prevalent category of civil litigation in Vietnam centers on instances involving personal injuries In these lawsuits, the plaintiffs usually seek damages for bodily or psychological

2 Skousen, Gulbrandsen, & Patience PLC, What Is a Legal Claim in Law? (Claim Legal Definition), October 10,

injuries they suffered as a result of the carelessness or deliberate actions of another party In order to compensate victims for their losses and suffering, personal injury claims—whether from workplace accidents, road accidents, or medical malpractice—play a big part in Vietnamese legal systems.

Another common type of civil suit is contractual disputes Contractual disputes between parties engaged in business transactions are common as a result of the nation's quickly expanding economy and rising commercial activity These disagreements could be about terms and conditions, failure to perform duties, or contract violations Contractual disagreements must be settled by carefully analyzing the parties' obligations under the agreements, the relevant legal framework, and the terms of the contracts.

Property-related conflicts also form a significant portion of civil claims in Vietnam As the country undergoes urbanization and development, disputes over land ownership, property boundaries, and real estate transactions are not uncommon These disputes can be complex, involving multiple parties, intricate land laws, and historical land rights issues Resolving property-related conflicts often necessitates legal expertise and a nuanced understanding of Vietnam's land laws and regulations.

Moreover, civil claims in Vietnam may extend beyond these common categories to encompass a wide range of issues such as family law matters, intellectual property disputes, defamation cases, and more Each type of civil claim comes with its unique set of legal considerations, procedures, and remedies.

3 Requirements to file a civil claim

The basis for arising liability for damages as shared by the Lawyer includes 3 factors:

1 Damage occurs, and the damage is quantifiable in monetary terms 2 There is a violation of the contract or an infringement of the legitimate

rights and interests of individuals or organisations that causes damage 3 There is a basis for arising liability for compensation according to the

agreement in the contract or provisions in legal documents.

Based on these three grounds, the person claiming damages must have the obligation to present evidence to prove: The right to claim damages and How to determine the level of damages Types of damages are also quantified, determined and provided by law in detail for each case of compensation claim.

II The process of making a claim in the civil court

According to the Civil Procedure Code 2015, the lawsuit will be resolved through the following procedures:

1 Submission of a lawsuit petition:

First, to commence a civil action, litigators shall submit their lawsuit petitions, together with their documents and evidence to the competent Court Within 03 working days from the day on which they are received, one Judge shall be assigned to review the petitions And after 5 days, one of the following decisions will be made:

- To request for amendment and/or supplementation;

- To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures;

- To transfer the lawsuit petitions to competent Courts if the cases fall under other courts' jurisdiction;

- To return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction

After receiving lawsuit petitions, materials and evidence, if deeming that the cases fall within the courts’ jurisdiction, the Judges notify the litigator to pay the court fee advance and the payment of the court fee advance is a condition precedent for the Court to accept the lawsuit.

2 Accepting cases

Within 03 working days from the day on which the cases are accepted, the Judge must send written notices to plaintiffs, defendants, agencies, organizations and individuals with rights and obligations related to the settlement of the cases That notice requires the defendant and/ or person with relevant interests and duties to submit to the Court opinions in writing and attached documents and evidence, their counter-claims and independent-claims (if any) and legal consequences in case they fail to submit them to the Court.

3 Mediation and preparation for a trial

During the term of preparation for a first-instance hearing, the Courts must conduct mediation for the involved parties to reach an agreement on the resolution of the cases, except cases which must not be mediated like claims for compensation for damage caused to State properties or cases arising from civil transactions which are contrary to law or social ethics or lawsuits which cannot be mediated because of plausible reasons or they apply for non-mediation as stipulated in Articles 206 and 207 of the Civil Procedure Code 2015 or cases settled under simplified procedures.

Within the trial preparation time limits, the Judges shall issue one of the following decisions:

- To recognize the agreement between the involved parties

Upon the expiry of the 07-day time limit after making the records on successful mediation, if no parties change their opinions, the Judge shall issue a decision recognizing the agreement of the involved parties if only they have reached an agreement on the resolution of the whole case

- To suspend the resolution of the lawsuit

The Court shall issue a decision to suspend the resolution of a civil lawsuit in one of the following cases: The involved parties being individuals have died or lost his/her civil act capacity or being a minor; The results of the request for judicial assistance, entrustment of evidence collection or materials or evidences, need to be waited for, etc.

- To terminate the resolution of the lawsuit

The decisions to terminate the resolution of the civil lawsuits will be issued if: The plaintiffs or defendants being individuals have died, agencies or organizations have been dissolved or are bankrupt while their rights and obligations are not inherited; The litigators withdraw all petitions, etc.

- To bring the case to trial, if the parties fail to mediate and the lawsuit does not fall into the following circumstances.

4 The first-instance trial

The first-instance trial takes place under the direction of the Chairman and consists of the following parts: (i) preparation for the opening of the trial; (ii) opening the trial; (iii) presentation; (iv) interrogation; (v) argument; (vi) deliberation; and (vii) pronouncement of judgments.

In which, the involved parties and their representatives present the case, raise questions surrounding the case and use evidence to answer and argue to clarify details and protect their legitimate rights and interests After that, the Trial Panel will deliberate, issue the first-instance judgment and pronounce the judgment.

After 15 days from the pronouncement, if there is no appeal, the first-instance judgment will come into legal effect In case the first-first-instance judgment is appealed, the lawsuit shall be reviewed by the appellate court The appellate court may issue one of the following results: (i) Remaining the validity of the first-instance judgement; (ii) Directly amending the first-instance judgement; (iii) Repealing a part or the whole of the first-instance judgement; (iv) Canceling the case settlement or appellation; or suspending the case settlement.

Besides the above, when the first-instance or appellate judgement takes effect, it could not be re-judged The upper Court will review them by another procedure named cassation and reopening.

Cassation and reopening are not adjudication levels but rather procedures for reviewing judgments or decisions of the Courts which have already taken legal effect in “special” cases.

Cassation is conducted if there is one of the following basis: (i) The conclusions in the judgment or Courts decision do not align with the objective circumstances of the case; (ii) There is a serious violation of procedural regulation during the investigation, prosecution, or trial resulting in a significant error in the case resolution; (iii) There is a serious mistake in the application of the law.

Reopening is conducted when a legally effective judgment or decision is appealed due to the appearance of newly detected details which may fundamentally change the contents of the judgments and decisions.

III Real-life case1 Abstract

On October 7, 2020; N was suddenly attacked by two dogs while driving her bicycle N was pronounced dead due to brain contusion Ms O, N’s mom, filed a lawsuit to request the Court to force Mr Q, the owner of two dogs that attacked N, to pay compensation in the amount of 242,000,000 VND At the first instance trial, she changed the lawsuit request to only force Mr Q to pay compensation of 134,735,000 VND.

2 Evidence

- Mr T and Mrs L are two witnesses whose testimony matches each other when they witnessed 2 dogs (1 yellow, 1 black) collide with N's bicycle, causing N to fall.

- Mr T and Ms N also confirmed that two dogs ran into Mr Q's house after causing the accident

- In addition, 4 other witnesses confirmed that Mr Q's family kept 2 very large and ferocious dogs, many times causing danger to others However, Mr Q has no measures to fix it

- From the above grounds, it was determined that Mr Q was the owner of the two dogs that caused the accident that killed N.

3 Decision

- Accepting Ms O's lawsuit request: Forcing Mr Q to compensate Ms O in the amount of 134,735,000 VND

- Mr Q must pay 300,000 VND in civil appeal court fees, which will be deducted from the 300,000 VND advance in appellate court fees already paid Mr Q also has to pay 6,736,700 VND in first instance civil court fees.

In conclusion, our exploration of civil claims in Vietnam has underscored the intricate interplay of tradition and modernity, communal values and individual rights, and the evolving legal landscape within the nation From personal injury cases to property disputes, each category of civil claim reflects the complexities of Vietnamese society As we navigate these challenges, it is essential to uphold the principles of fairness, equity, and access to justice, ensuring that the legal system remains a beacon of integrity and accountability Moving forward, let us continue to strive for a more just and equitable society, where the rule of law safeguards the rights and liberties of all individuals.

[1] B.Fitzpatrick, P.Seago, C.Walker and D.Wall (2000), “New Courts

Management and the Professionalisation of Summary Justice in England

handle=hein.journals/crimlfm11&div=3&i d=&page=

[2] Court and Tribunals Judiciary, “Traditions of the courts”, https://www.judiciary.uk/about-the-judiciary/history-of-the-judiciary-in-england-and- wales/court-traditions/

[3] Editors of Encyclopaedia Britannica, “Senior Courts of England

https://www.thelawyerportal.com/careers/how-to- become-a-judge-in-the-uk/

[5] John Sorabji (2021), “The Supreme Court of the United Kingdom

and the Court of Appeal in England and Wales: Sharing the Appellate