Resolution No. 05/2012/NQ-HDTP of December 3,2012, guiding a number of provisions of Part Two “Procedures for Settling Cases at First-Instance Courts” of the Civil Procedures Code which was amended and supplemented under 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. 05/2012/NQ-HDTP of December 3,2012, guiding a number of provisions of Part Two “Procedures for Settling Cases at First-Instance Courts” of the Civil Procedures Code which was amended and supplemented under 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 ensure proper and consistent implementation of provisions of Pert Two “Procedures for Settling Cases at First- Instance Courts ” of the Civil Procedure Code, which was amended and supplemented under the March 29, 2011 Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as the Code);

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

RESOLVES:

Article 1. Scope of application

This Resolution guides a number of provisions of the Code in order to ensure proper and consistent implementation of the Code’s Part Two “Procedures for Settling Cases at First-Instance Courts”.

Article 2. Right to initiate lawsuits provided in Article 161 of the Code

When seeing it necessary to initiate a lawsuit at competent court to request the protection of his/her/its rights and legitimate interests, an individual, agency or organization shall make a petition as prescribed in Clause 2, Article 164 of the Code, and it is needed to distinguish that:

1.       A person with full civil procedure act capacity may himself/herself or ask another person to make a petition. In the “lawsuit initiator’s name and address” items of the petition,^* write the name and address of such person; and, at the same time, such person shall sign or press his/her fingerprint at the bottom of the petition.

2.  A person aged between full 15 and under 18 who neither losses his/her civil act capacity, nor has restricted civil act capacity and has been employed under a labor contract or entered into a civil transaction with his/ her own property may himself/herself or ask another person to make a petition to initiate a lawsuit over disputes related to such labor contract or civil transaction. In the “lawsuit initiator’s name and address” items of the petition, to write the name and address of such person; and, at the same time, such person shall sign or press his/her fingerprint at the bottom of the petition.

3. For a minor (except the case guided Clause 2 of this Article) or a person who losses his/her civil act capacity or has restricted civil act capacity, his/her lawful representative (a law representative) may himself/herself  or ask another person to make a petition. In the “lawsuit initiator’s name and address” items of the petition, to write the name and address of the lawful representative of such person; and, at the same time, the representative shall sign or press his/her fingerprint at the bottom of the petition.

4. In case a person specified in Clause 1, or 3 of this Article is illiterate or sightless c cannot make the petition by himself/herself or cannot give his/her signature or press his her fingerprint, he/she may ask another person to make a petition; in this case, a witness is required. The witness shall sign the petition to certify the initiation and contents of the lawsuit in the presence of a commune-level People’s Committee official competent to make certification. This official shall make certification in the presence of the lawsuit initiator and the witness.

In this case, the witness must be a person with full civil procedure act capacity as prescribed in Article 57 of the Code.

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