Instructions on how to write a standard civil lawsuit petition in Vietnam? What are the things to keep in mind when writing a petition?
What are the contents of a civil lawsuit petition in Vietnam?
Pursuant to Article 189 of the 2015 Civil Procedure Code of Vietnam stipulating the form and contents of a civil lawsuit petition as follows:
- A lawsuit petition must include the following principal contents:
+ Date of its making;
+ Name of the Court receiving the lawsuit petition;
+ Name, place of residence, place of work of the litigator (applicable to litigators being individuals) or head office of the litigator (applicable to litigators being agencies/organizations); phone number, fax and e-mail address (if any).
If the parties reach agreement on an address for the Court to contact, such address shall be specified;
+ Name, place of residence, place of work of person whose interests and duties are protected (applicable to individuals) or head office of person whose interests and duties are protected (applicable to agencies and organizations); phone number, fax and e-mail address (if any);
+ Name, place of residence, place of work of the defendant (applicable to individuals) or head office of the defendant (applicable to agencies/organizations); phone number, fax and e-mail address (if any). If the place of residence, place of work or head office of the defendant is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;
+ Name, place of residence, place of work of person with relevant interests and duties (applicable to individuals) or head office of person with relevant interests and duties (applicable to agencies and organizations); phone number, fax and e-mail address (if any).
If the place of residence, place of work or head office of the person with relevant interests and duties is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;
+ Lawful interests and duties of the litigator that are infringed upon; specific matters of the defendant, person with relevant interests and duties that are applied for resolution by the Court;
+ Names and addresses of witnesses (if any);
+ List of documents and/or evidences accompanied with lawsuit petitions.
- The petitions must be accompanied with materials and evidences proving that legal rights and interests of litigators are infringed upon. For cases where due to objective reasons, the litigators failed to provide adequately materials and evidences accompanied with the petitions, they must provide current materials and evidences to prove that legal rights and interests of the litigators are infringed upon. Litigators shall supplement materials and evidences at the request of the Courts during the case resolution.
Instructions on how to write a standard civil lawsuit petition in Vietnam? What are the things to keep in mind when writing a petition?
What is the latest form of civil lawsuit petition in Vietnam in 2023?
Pursuant to Form No. 23-DS of the List promulgated together with Resolution 01/2017/NQ-HDTP of Vietnam, the form in civil procedure issued by the Council of Judges of the Supreme People's Court providing a form of lawsuit petition as follows:
Download the form of civil lawsuit petition in Vietnam: Here.
Instructions on how to write a lawsuit petition form and what to keep in mind when writing the petition?
According to the instructions in Form No. 23-DS List promulgated together with Resolution 01/2017/NQ-HDTP of Vietnam on how to write a lawsuit petition form and specific notes when writing a lawsuit petition as follows:
(1) Enter the place of filing the petition (eg: Hanoi, (date) ...../...../……).
(2) Enter the name of the Court competent to handle the case; if it is a district-level People's Court, it is necessary to specify which district People's Court belongs to which province or centrally-run city (for example, the People's Court of district A, province B), if it is the People's Court At the provincial level, specify which province (city) People's Court (for example, Hung Yen Province People's Court) and the address of that Court.
(3) If the petitioner is an individual, write his/her full name; For the case where the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in perception and behavior control, write his/her full name and address of the legal representative of that individual; if the petitioner is an agency or organization, write the name of the agency or organization and the full name of the lawful representative of that agency or organization.
(4) Enter the place of residence at the time of filing the petition. If the petitioner is an individual, the full address of the place of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); if the petitioner is an agency or organization, write the address of the head office of that agency or organization (for example: Hin Sen Co., Ltd. has its head office: No. 20 LTK Street, HK District, City H).
(5), (7), (9) and (12) Record the same as the instructions at point (3).
(6), (8), (10) and (13) Record the same as the instructions at point (4).
(11) Specify each issue to be resolved by the Court.
(14) Specify the names of the documents attached to the petition, which documents are included and must be numbered (for example, the documents attached to the petition include: copy of the house sale and purchase contract, copy of certificates of land use rights, etc.).
(15) Write down the information that the plaintiff considers necessary for the settlement of the case (for example: The plaintiff notifies the Court when a dispute occurs that one of the litigants has gone abroad for medical treatment...).
(16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner; In case the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in cognition and behavior control, such legal representative must sign point name only;
If the petitioner or legal representative is illiterate, unable to see, unable to file a lawsuit petition by himself, or to sign or fingerprint himself, a person with full civil procedure act capacity shall testify, sign the petition for certification.
If it is the agency organizing the lawsuit, the lawful representative of the agency or organization that initiates the lawsuit shall sign, clearly state his/her full name and position and affix the seal of that agency or organization. If the organization that initiates the lawsuit is an enterprise, the use of its seal shall comply with the provisions of the Law on Enterprises. If the petitioner is illiterate, he/she must have a witness sign for certification according to the provisions of Point c, Clause 2, Article 189 of the Civil Procedure Code of Vietnam.
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