Many opinions on resolving cases under simplified procedures
On the morning of May 26, continuing the 5th session, the National Assembly discussed a number of contents with different opinions of the draft Law on Consumer Rights Protection (amended).
Speaking, delegate Nguyen Thi Thuy (Bac Kan delegation) said that regarding the settlement of cases under the simplified procedure at the Court, Article 70 of the draft stipulates that one of the conditions for settling a case under the simplified procedure is that the transaction value must be less than 100 million VND, that is, from 101 million VND or more, the simplified procedure will not be applied to settle the case, which is not suitable with reality and not consistent with the approach of the law.
Because in the judicial field, the complexity of a case does not depend on the value of the dispute, large or small, but depends on whether the evidence of the case is clear and complete or not.
Delegate Nguyen Thi Thuy.
Also speaking at the discussion on this content, delegate Le Xuan Than (Khanh Hoa delegation) proposed removing the control condition so that the simplified procedure prescribed in the Civil Procedure Code can be applied to transactions of 100 million VND or more.
According to delegate Le Xuan Than, the goal of this draft Law is to protect consumer rights, therefore, civil cases on consumer rights protection will be resolved according to the simplified procedure prescribed in the law on civil proceedings when meeting the provisions of Clause 1, Article 317 of the Civil Procedure Code or when meeting a number of specific conditions prescribed in the draft Law.
In addition, the Civil Procedure Code does not stipulate any conditions limiting the application of the simplified procedure for transactions above or below 100 million VND. Therefore, delegate Le Xuan Than proposed to remove this restriction in the draft Law.
"Internalizing the obligations of the losing party"
Commenting on the above content, Mr. Nguyen Hoa Binh - Chief Justice of the Supreme People's Court said that the Civil Code and the Civil Procedure Code do not prohibit other codes from prescribing abbreviated procedures and pave the way for other codes to prescribe abbreviated procedures. Applying abbreviated procedures is to resolve cases quickly.
“If the regulation of 100 million VND or more is not resolved by the simplified procedure, it is not protecting the rights but restricting the rights of consumers. Because there are cases over 100 million VND but the procedure is very simple,” Mr. Binh shared.
Mr. Binh said that we can refer to the world experience of small-scale cases with very simple settlement procedures. For example, in Germany, all civil disputes under 5,000 Euros are not resolved by the Supreme Court, because the social cost will be much greater than the value of the dispute.
Many countries also regulate the value of disputes so that society does not waste time on trivial cases, and does not have to go to court of first instance, retrial, or final appeal...
Chief Justice of the Supreme People's Court Nguyen Hoa Binh.
In Vietnam, Mr. Binh said that the provisions in Article 70 of the draft law are not satisfactory. Instead, there should be 2 factors for resolving disputes in a simplified manner, which are according to Article 327 of the Civil Procedure Code or the scale of the dispute is less than 100 million VND.
“For example, consumers are harmed when buying a bottle of fish sauce of poor quality or counterfeit goods, sometimes the damage is only 10,000 VND, no one sues, but many people have a larger number. The scale of the dispute should be discussed but should not conflict with the provisions of the Civil Procedure Code,” Mr. Binh cited.
Mr. Binh also added that Vietnam has participated in many new generation free trade agreements, in which the regulations must "internalize the obligations of the losing party".
In other words, if the consumer or other case wins the lawsuit, the manufacturer or service provider must of course pay compensation.
But what if the consumer files a lawsuit incorrectly, taking advantage of the lawsuit while the manufacturing business is very reputable but is sued, causing loss of reputation, unable to sell products, causing damage?
According to Mr. Binh, suing does not mean the plaintiff is right, and one should not sue and then make it public online. Because this is a human right, a business right.
According to the provisions of Article 70 of the draft law, civil cases on consumer rights protection are resolved according to the simplified procedure prescribed in the law on civil procedures when meeting the provisions of Clause 1, Article 317 of the Civil Procedure Code or when all of the following conditions are met:
a) Consumers file lawsuits; organizations and individuals directly providing products, goods and services to consumers are sued;
b) The case has sufficient evidence, ensuring sufficient grounds to resolve the case;
c) Transaction value under 100 million VND, no disputed assets abroad;
d) All parties have clear residential and head office addresses; no party resides abroad .
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