Resolution No. 02/2012/NQ-HDTP of December 3,2012, guiding a number of provisions of the National Assembly’s Resolution No. 60/2011/QH12 of March 29,2011, on the enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code

THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Resolution No. 02/2012/NQ-HDTP of December 3,2012, guiding a number of provisions of the National Assembly’s Resolution No. 60/2011/QH12 of March 29,2011, on the enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code

Pursuant to the Law on Organization of People s Courts;

In order to correctly and uniformly implement the provisions of the National Assembly’s Resolution No. 60/2011/QH12 of March 29, 2011, on the enforcement of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as Resolution No. 60);

After reaching agreement with the Chairman of the Supreme People s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Time limits for lodging protests according to cassation or reopening procedures against legally valid courts’ civil, marriage and family, business, commercial or labor judgments and decisions

1. The time limits for lodging protests according to cassation or reopening procedures against the court civil, marriage and family, business, commercial or labor judgments and decisions which took legal effect before April 8, 2011 (the date of promulgation of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code), comply with Articles 288 and 308 of the 2004 Civil Procedure Code (below referred to as the 2004 Code), specifically as follows:

a/ The time limit for lodging protests according to cassation procedures is 3 years, counting from the date a court’s civil, marriage and family, business, commercial or labor judgment or decision takes legal effect;

b/ The time limit for lodging protests according to reopening procedures is 1 year, counting from the date a person competent to protest becomes aware of grounds for making protests according to reopening procedures as prescribed in Article 305 of the 2004 Code.

2. The time limits for lodging protests according to cassation or reopening procedures against the courts’ civil, marriage and family, business, commercial or labor judgments and decisions which took effect between April 8, 2011, and January 1, 2012 (the effective date of the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code), comply with Articles 288 and 308 of the Civil Procedure Code which was amended and supplemented under the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as the Code), specifically as follows:

a/ The time limit for lodging protests according to cassation procedures is 3 years, counting from the date a court civil, marriage and family, business, commercial or labor judgment or decision takes legal effect, if, within 1 year from that date, the involved party files no petition for protest according to cassation procedures;

b/ The time limit for lodging protests may be extended for another 2 years from the date of its expiration under Clause 1, Article 288 of the Code, when the following conditions are fully satisfied:     ,

b 1/ The involved party has filed a petition under Clause 1, Article 284 of the Code and files another one after the expiration of the time limit for lodging protests specified in Clause 1, Article 288 of the Code;

b2/ The legally valid court civil, marriage and family, business, commercial or labor judgment or decision violates the law as prescribed in Article 283 of the Code, seriously infringes upon the rights and legitimate interests of the involved party or a third party, or infringes upon the State’s interests against which a protest must be lodged for redressing the errors found in such judgment or decision.

c/ The time limit for lodging protests according to reopening procedures is 1 year, from the date a person competent to protest becomes aware of grounds for making protests according to reopening procedures as prescribed in Article 305 of the Code.

3. To have grounds for counting the time limits for lodging protest specified at Points a and b, Clause 1, Article 2 of Resolution No. 60 and guided in Clause 2 of this Article, the courts with cassation competence shall comply with the provisions in Chapter XVIII “Cassation procedures” of the Code and guiding documents.

Article 2. Application of the civil procedure law for lodging protests according to cassation or reopening procedures against the courts ’ civil, marriage and family, business, commercial or labor judgments and decisions which took legal effect before January 1, 2012

1.       For courts’ civil, marriage and family, business, commercial or labor judgments and decisions which took legal effect before April 8,

2011, against which no protest has been made by a competent person, protests according to cassation or reopening procedures must comply with the 2004 Code.

2. For courts’ civil, marriage and family, business, commercial or labor judgments and decisions, which took legal effect between April 8, 2011, and before January 1, 2012, and against which the involved parties file petitions for cassation or reopening trial during that period, but no protest has been made by a competent person, the protests for cassation or re-opening trial comply with the Code.

3. For the courts’ civil, marriage and family, business, commercial or labor judgments and decisions which took legal effect between April 8,2011, and before January 1,2012, and against which the involved parties file no petitions for protests during that period, but violations are detected in such judgments or decisions and no protest has been made by a competent person, the protests for cassation or reopening trial comply with the 2004 Code.

Article 3. Application of the civil procedure law for settlement of civil cases accepted before January 1, 2012

Civil cases, which were accepted court for first-instance, appellate, cassation or reopening trial before January 1, 2012, but were settled on or after that date, comply with the relevant provisions of the Code.

Article 4. Effect

This Resolution was passed on December 3, 2012,       by the Judge’s Council of the Supreme People’s Court, and takes effect on July 1, 2013.

On behalf of the Judges ’ Council

President

TRUONG HOA BINH