What is the summary procedure in civil proceedings and how is it applied in practice?

Today, abbreviated procedure is applied to save time in carrying out cases in civil proceedings . But do you really understand it and how to apply this procedure? Let’s find out with lassho.edu.vn through the article below!

What is abridged civil procedure?

The summary civil procedure procedure has a simpler order than the normal procedure

According to Article 316 of the 2015 Civil Procedure Code, “Abridged procedure is a procedure that is applied to settle a civil case that fully meets the conditions prescribed by law with a simpler order compared to that of a civil case. continue to settle ordinary civil cases in order to settle the case quickly but still ensure the law” .

In addition, this procedure is used by the court to resolve issues and cases related to civil, marriage and family, commercial business and labor, but must ensure that all conditions are met according to the provisions of law. provisions of law.

The order of civil procedure is simpler than that of ordinary civil case resolution because it wants to bring convenience and speed to the performer.

Features of abridged civil proceedings

Shortened civil procedure procedures save costs for the State and litigants

Because it is an abbreviated civil procedure, there are some characteristics that are different from the usual procedure, so you need to refer to:

• Cases that satisfy the conditions prescribed by law will be carried out civil procedures . These conditions include a dispute with clear evidence, simple content of the dispute, disputed property of not great value, etc. However, the conditions may be changed according to the civil procedure laws of each country from time to time.

• The order of execution of abbreviated civil proceedings is simpler than that of ordinary civil proceedings.

• The summary civil procedure has a shorter settlement time than the ordinary proceedings. Although the time is short, it is still resolved in accordance with the provisions of the law.

• When settling the proceedings in brief, the State and the litigants will reduce more costs .

The meaning of the summary procedure to settle civil cases

Implement shortened procedures to help the State have more time to solve complicated cases

• Because the implementation time is shortened, the litigants when conducting abbreviated civil procedure will be protected their interests quickly and effectively . The involved parties will be able to resolve the case in a definitive manner and promptly restore the violated social relations.

• The state and involved parties will save time as well as costs and human resources when conducting shortened civil procedures. In addition, the State will gain more time and human resources to handle difficult and complicated civil cases.

• In addition to the State and the litigants, this procedure also helps the judge have more time to focus on solving other cases and enhance responsibility when implementing.

Conditions for application of summary procedures in civil proceedings

In order to apply the summary procedure, the case must have simple facts

In order to carry out summary procedures in civil proceedings, according to the provisions of Clause 1, Article 317 of the Civil Procedure Code 2015 , participants must meet a number of conditions below:

• The circumstances of the case are simple, the legal relationship is clear, and the involved parties have admitted their obligations.

• Evidences and documents must be sufficient and relevant to the case to be relied upon and resolved, and the court is not required to collect documents and evidences.

• The address of the place of residence and the head office of the involved party must be clear.

• Abridged procedures in civil proceedings shall only be handled in cases where the involved parties abroad and the involved parties in Vietnam have reached an agreement to request the court to settle or the involved parties have reached an agreement on the handling of assets. produce and produce evidence of legal ownership of the property. The procedure will not apply to the litigant residing abroad, the disputed property abroad .

Apply the shortened procedure when the transaction is worth less than 100 million dong

However, according to the provisions of Clause 2, Article 41 of the 2010 Consumer Protection Law , in addition to the above conditions, in order to carry out the procedure, it is necessary to meet the criteria of disputed value. In case of carrying out the procedures for shortening the civil case for the protection of consumers’ interests, the following conditions must be fully satisfied:

• The circumstances of the case are simple and the evidence is clear.

• The transaction is worth less than 100 million VND.

• The person being sued is an organization or individual that directly provides goods and services to consumers and the petitioner is a consumer.

When new details are discovered, the case will be resolved according to normal procedures

According to the Civil Procedure Code 2015, in case the case is about to be tried according to the summary procedure but discovers new details and is not eligible for settlement according to the summary procedure, the The court moved the case to the usual procedure . Here are some details for your reference:

• Circumstances arise that are not agreed upon by the involved parties and require more time to verify, search, collect data and evidence, or conduct expertise.

• The involved parties disagree on the price when the case needs to be valued and appraised the disputed property’s price.

• Persons with related rights and obligations have additionally arisen.

According to Article 321 of the 2015 Civil Procedure Code, which provides for the validity of judgments and decisions according to summary procedures:

The judgment of the first-instance decision of the Court according to summary procedures may be appealed or protested against according to the appellate procedures to request the appellate court to re-settle it according to the summary appellate procedure. Judgments and decisions according to summary procedures may also be protested against according to cassation or reopening procedures.

According to the provisions of Clause 2, Article 6 of Resolution No. 326/2016/UBTTQH14, dated December 30, 2016 of the Standing Committee of the 14th National Assembly.

Regulations on the level of court fees: “For civil, marriage and family, business, commercial, labor and administrative disputes settled according to summary procedures, the sentence fee equal to 50% of the court fee rate specified in Section A of the List of court costs and fees promulgated together with this Resolution”.

Above is the concept of abbreviated procedure and the conditions for applying the procedure that you need to pay attention to when doing it. Follow lassho.edu.vn for more useful information.

>>Related regulations on civil judgment enforcement procedures

>> Detailed instructions on civil debt collection proceedings

>>The cassation procedure according to the provisions of the Criminal Procedure Code

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