WITHDRAWAL OF LITIGANTS’ CLAIMS IN CIVIL CASES 

Withdrawing a claim is a procedural right that reflects the principle of party autonomy. However, the exercise of this right is not absolute and must comply with legal conditions. 

This article provides a systematic and practical overview of litigants’ right to withdraw claims in civil cases, while also offering useful recommendations for businesses and individuals participating in civil proceedings.  

1. The Concept of Litigants’ Withdrawal of Claims

Withdrawal of a claim is a procedural act by a litigant intended to relinquish, in whole or in part, a claim previously asserted during civil proceedings, including: (i) The plaintiff’s claim; (ii) The defendant’s counterclaim; and (iii) The independent claim of a person with relevant rights and obligations. 

While the withdrawal of a claim is a litigant’s right of self-determination, it must be exercised in compliance with the law, particularly in a voluntary manner, not violating legal prohibitions or social ethics. 

2. Stages of Claim Withdrawal in Civil Proceedings

2.1. Prior to the Court’s Acceptance of the Case  

At this stage, if the claimant withdraws the statement of claim before the Court issues a notice of acceptance, the Court shall return the statement of claim pursuant to Point g, Clause 1, Article 192 of the Civil Procedure Code 2015. 

Since the case has not yet been accepted by the Court, the legal status of the litigants and procedural obligations – including the obligation to pay the court fee advance – have not yet arisen. This is a favorable stage for withdrawing the claim if the parties reach an out-of-court settlement or realize that initiating legal proceedings is unnecessary. 

2.2. During Preparation for the First-Instance Trial 

Once the case has been accepted by the Court and is in the period of preparation for the first-instance trial, the litigants still have the right to withdraw their claims. According to Point c, Clause 1, Article 217 of the Civil Procedure Code 2015: 

Khi vụ án đã được Tòa án thụ lý và đang trong giai đoạn chuẩn bị xét xử sơ thẩm, các đương sự vẫn có quyền rút yêu cầu. Theo Điểm c Khoản 1 Điều 217 BLTTDS:  

“1. After accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances: 

c)The litigators withdraw all petitions for initiation of lawsuits[…].” 

In this case, the Court shall issue a decision to terminate the resolution of the civil case. The legal consequences of the termination are provided in Article 218 of the Civil Procedure Code, under which the litigants have the right to file a new lawsuit requesting the Court to resolve the civil case again, are entitled to a refund of the court fee advance already paid, and have the right to appeal against the decision to terminate the resolution of the civil lawsuit. 

However, for the decision on termination to take full effect, the Court must also consider whether there remain any counterclaims by the defendant or independent claims by persons with related rights and obligations. Where such claims exist, the Court may not terminate the entire case but must continue to adjudicate the remaining claims and redefine the procedural status of the parties in accordance with Clause 2, Article 217 of the Civil Procedure Code. 

Thus, although the right to withdraw claims during the stage of preparation for the first-instance trial is an expression of the litigant’s right to self-determination in civil proceedings, the exercise of this right must be placed within the entirety of the existing procedural relationships, enabling the Court to handle the case in accordance with procedural rules, and to ensure fairness and transparency in the determination of the rights and obligations of all parties involved.  

 2.3. At the First-Instance Trial  

At the first-instance trial, litigants still have the right to withdraw part or all of their claims in accordance with Clause 2, Article 244 of the Civil Procedure Code: 

“2. Where an involved party voluntarily withdraws part or whole of his/her claim, the Trial Panel may accept such request and terminate the trial regarding the withdrawn part or whole of the claim.” 

Unlike the stage of preparation for the first-instance trial (which only deals with the withdrawal of the entire claim), at the trial, the Trial Panel may consider all instances of claim withdrawal, including partial withdrawal. 

Such termination is recorded either directly in the decision section of the judgment or in a separate decision issued at the trial, depending on the nature and timing of the withdrawal. 

The Trial Panel shall only accept the withdrawal of a claim if it is made voluntarily, is not contrary to the law or social ethics, and does not affect the lawful rights and interests of the other party or any third party. If there are remaining counterclaims, independent claims, or a protest by the Procuracy, the remaining parts of the case shall continue to be resolved. 

2.4. During the appellate stage 

According to Clause 1, Article 299 and Clause 2, Article 289 of the Civil Procedure Code, during the appellate stage – whether before or at the appellate hearing – the litigant still has the right to withdraw the claim that has been appealed. In such case, the appellate trial panel must seek opinions from the remaining parties. Specifically:  

• If the involved litigants agree, the appellate trial panel shall issue a decision to annul the first-instance judgment regarding the withdrawn part of the claim and terminate the resolution of that part of the case. 

• If any involved litigant does not agree, or if there remain unresolved claims, the Court must continue to hear the case under appellate procedures. 

• Especially, if the case is subject to a protest by the Procuracy, then even if the claimant withdraws the claim, the case must still be adjudicated to ensure the review of the correctness of the first-instance judgment. Termination shall only be considered when the protest is withdrawn or when there are no remaining issues to be adjudicated. 

Currently, the law does not specifically regulate the situation where the defendant is absent from the appellate hearing with a request for trial in absentia or is intentionally absent. As a result, the practical application remains inconsistent: 

• If the defendant has submitted a request for trial in absentia or has filed an appeal, the appellate trial panel should suspend the hearing to obtain the defendant’s opinion on the withdrawal of the claim. 

• If the defendant is absent without justification and has not filed an appeal, the appellate trial panel may proceed with the hearing in accordance with general procedures. 

In summary, the withdrawal of a claim at the appellate stage does not automatically result in the termination of the case, but must take into account the opinions of the involved parties and any protest by the Procuracy, if any. 

3. PracticalRecommendations for Enterprises and Individuals on Withdrawing Claims 

Claim withdrawal may appear simple, but in practice, it can entail significant legal or financial consequences if not carefully considered. The following are some practical recommendations: 

• Clearly determine the timing of claim withdrawal: Withdrawing a claim before the Court accepts the case is procedurally simpler and less burdensome in terms of cost. 

• Seek legal advice before withdrawing a claim: Claim withdrawal may be a strategic move in litigation; however, if done at the wrong time, it may result in the loss of negotiation leverage or the right to reinitiate the lawsuit. 

• Carefully check whether the opposing party has filed any counterclaims or independent claims, to avoid mistakenly assuming that withdrawing your claim will end the case. 

• Take note of litigation costs: The court fee advance for the withdrawn claim is typically non-refundable if the case has already been accepted by the Court. 

• At the appellate stage, withdrawing a claim does not automatically mean that the case is concluded if there are still appeals or protests. 

Author of post: Nguyen Thi Thuy Hien

Date Written: 20/07/2025

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