CIVIL PROCEDURE

Civil Disputes and Civil Litigation Services of CELIGAL

Civil disputes are among the most common types of disputes today. People’s Courts at all levels have been and continue to handle a large number of disputes related to land, contracts, property, and other civil matters. When clients seek and choose to use CELIGAL’s services, we carefully review the information provided by clients, conduct in-depth legal research, propose appropriate solutions, and provide legal advice on relevant regulations. We also represent clients in court proceedings and carry out procedural steps in accordance with the law.

Let us take a look at some key legal provisions on civil procedure with CELIGAL.

What is Civil Procedure?

Within the legal system in general, and the Vietnamese legal system in particular, civil procedure plays an indispensable role in protecting the lawful rights and interests of individuals, agencies, organizations, as well as the interests of the State in civil cases and civil judgment enforcement, by regulating relationships arising during civil proceedings.

In other words, civil procedure is a system of legal norms governing social relationships arising between procedural-conducting authorities and participants in civil proceedings during the process of resolving civil cases and enforcing civil judgments.

Distinction between Civil Procedural Legal Capacity and Civil Procedural Act Capacity

Criteria	Civil Procedural Legal Capacity	Civil Procedural Act Capacity
Legal basis	Clause 1, Article 69 of the 2015 Civil Procedure Code	Clause 2, Article 69 of the 2015 Civil Procedure Code
Definition	Civil procedural legal capacity is the ability to have rights and obligations in civil proceedings as prescribed by law.	Civil procedural act capacity is the ability to independently exercise civil procedural rights and obligations or authorize another person to participate in civil proceedings.
Characteristics	All agencies, organizations, and individuals have equal civil procedural legal capacity.	Not all agencies, organizations, and individuals have the same civil procedural act capacity.

Litigants in Civil Matters under the 2015 Civil Procedure Code

Litigants in civil matters are specifically prescribed by law. According to regulations, litigants include those involved in civil cases and civil matters. Article 68 of the 2015 Civil Procedure Code provides as follows:

• Litigants in civil cases are agencies, organizations, and individuals, including plaintiffs, defendants, and persons with related rights and obligations.
• Litigants in civil matters are agencies, organizations, and individuals, including persons requesting the settlement of civil matters and persons with related rights and obligations.

CELIGAL’s Services

CELIGAL is one of the law firms with extensive experience in researching and resolving civil matters. With a team of highly qualified lawyers possessing many years of practical experience, we always prioritize our clients’ interests and provide appropriate legal arguments and opinions tailored to each specific case. Some of the services CELIGAL has provided and continues to provide include:

• Representing clients in litigation related to disputes over ownership of property;
• Participating in litigation and resolving disputes related to nationality;
• Participating in litigation and resolving disputes concerning intellectual property rights and technology transfer;
• Participating in litigation and resolving other civil disputes as prescribed by law;
• Providing legal advice on inheritance rights, inherited property, testamentary succession, intestate succession, and advising on litigants’ rights to initiate lawsuits to protect their lawful rights and interests;
• Advising on legal regulations, representing clients in court, and carrying out procedural steps for resolving civil contract disputes;
• Advising on the rights and obligations of the parties, consulting on litigation procedures, protecting rights and representing clients in land dispute proceedings;
• In relation to non-contractual damage compensation, providing legal advice and guidance on the rights and interests of the injured party, plaintiff, defendant, and related persons; advising on legal provisions on damage compensation as a basis for initiating lawsuits, protecting rights, and participating in court litigation;
• And other civil disputes.