Below are the provisions on legal capacity in civil procedure and procedural capacity of parties involved in civil cases in Vietnam.
1. Regulations on Parties Involved in Civil Cases in Vietnam
According to Article 68 of the Civil Procedure Code 2015, the parties involved in civil cases are categorized as follows: - Involved Parties in Civil Lawsuits: Plaintiffs: Agencies, organizations, or individuals initiating a lawsuit when their legitimate rights and interests are infringed. Public agencies may also act as plaintiffs to protect public or state interests. Defendants: Individuals or entities sued by plaintiffs for allegedly infringing upon their rights. Persons with Related Interests and Obligations: Those indirectly impacted by the case. They can join the proceedings voluntarily or be included by the Court when necessary. - Involved Parties in Civil Matters: Petitioners: Individuals or entities requesting the Court to acknowledge legal events or establish rights and obligations. Persons with Related Interests and Obligations: Those whose rights or obligations may be affected by the resolution of a civil matter. They may join the proceedings voluntarily or be summoned by the Court. 2. Legal Capacity and Procedural Capacity of Parties in Civil Cases Article 69 of the Civil Procedure Code 2015 defines these capacities as follows:Legal Capacity for Civil Procedure:
- Refers to the ability to possess rights and obligations in civil procedures.
- All individuals, organizations, and agencies have equal legal capacity for initiating cases to protect their legitimate rights and interests.
Capacity for Procedural Conduct:
- Refers to the ability to exercise civil procedural rights and obligations directly or via a representative.
- The following are key points regarding procedural conduct:
- Granted to individuals aged 18 or older, except those declared incapacitated or restricted by law.
- Determined by the Court for those with limited legal capacity or difficulty in perception or behavior control.
- Applies to individuals under six years of age or incapacitated. Legal representatives act on their behalf in court.
- Individuals aged 6–15 rely on legal representatives for court participation.
- Those aged 15–18 can independently engage in labor or civil relations involving personal property but may still require legal representatives for other matters.
- Represented in court through authorized legal representatives.
- This article provides a detailed overview of the legal and procedural capacities of parties in civil cases under Vietnamese law. Understanding these provisions ensures clarity and compliance when engaging in legal proceedings.
