What is the form of a lawsuit petition in civil proceedings in Vietnam? To download the form of a lawsuit petition in civil proceedings?
What is the form of a lawsuit petition in civil proceedings in Vietnam?
Currently, the Form 23-DS in civil proceedings being applied is Form 23-DS issued with Resolution 01/2017/NQ-HDTP.
Below is a photo of part of the lawsuit petition form:
> Download the word file of the lawsuit petition Here
What is the form of a lawsuit petition in civil proceedings in Vietnam? To download the form of a lawsuit petition in civil proceedings? (Image from the Internet)
What are the contents of lawsuit petitions in civil proceedings in Vietnam?
Pursuant to the provisions of Clause 4, Article 189 of the 2015 Civil Procedure Code, 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.
Accordingly, individuals shall draw up petitions according to the provisions of Clause 2, Article 189 of the 2015 Civil Procedure Code.
As follows:
Form and contents of a lawsuit petition
...
2. Individuals shall draw up petitions as follows:
a) Individuals with fully civil procedure act capacity may draw up petitions themselves or request other persons to draw up petitions. Names and residential addresses of such individuals shall be written at the blanks for names and addresses of the litigators; at the end of the petitions, there shall be signatures or fingerprints of such individuals;
b) Regarding individuals being minors, legally incapacitated persons, persons with limited cognition or behavior control, their lawful representatives may draw up petitions themselves or request other persons to draw up petitions. Names and residential addresses of such individuals shall be written at blanks for names and addresses of the litigators; at the end of the petitions, there shall be signatures or fingerprints of the lawful representatives;
c) Individuals of cases specified in points a and b of this clause who are illiterate or have visual disabilities or who cannot draw up petitions or append signatures or fingerprints themselves may request other persons to help them draw up the petitions under the witnessing of persons with fully civil procedure capacity. The witnesses must append their signatures on the petitions.
What are the regulations on the submission of lawsuit petitions to courts in Vietnam?
Pursuant to the provisions of Clause 1, Article 190 of the 2015 Civil Procedure Code on submission of lawsuit petitions to courts as follows:
Submission of lawsuit petitions to courts
1. Litigators shall submit their lawsuit petitions and the accompanied documents and/or evidences to Courts competent to settle their cases by the following modes:
a) Direct submission at courts;
b) Sending to Courts by post;
c) Sending through e-portal of Courts (if any).
Thus, an individual can submit a civil lawsuit petition to the Court by the following methods:
- Direct submission at courts;
- Sending to Courts by post;
- Sending through e-portal of Courts (if any).
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