What is the latest lawsuit petition form when there is a dispute during the implementation of the commercial contract in Vietnam in 2024?
What is the latest lawsuit petition form when there is a dispute during the implementation of the commercial contract in Vietnam in 2024?
During the course of conducting commercial business activities, companies may encounter unexpected disputes. In such cases, companies may choose to resolve disputes through the court system.
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.
Download lawsuit petition form when there is a dispute during the implementation of the commercial contract in 2024 (Form 23-DS) issued with Resolution 01/2017/NQ-HDTP: Download
What is the latest lawsuit petition form when there is a dispute during the implementation of the commercial contract in Vietnam in 2024?
What are the principles for resolving disputes by Court in Vietnam?
Regarding the content of dispute resolution by Court, Chapter II of the 2015 Civil Procedure Code, the principles of dispute resolution by Court include:
- Compliance with laws in civil procedures
- Right to request Courts to protect legitimate rights and interests
- Involved parties' right to decision-making and self-determination
- Equality in rights and obligations in civil procedures
- Ensuring the involved parties' right to protect legitimate rights and interests
- Judges, People’s Jurors are independent in adjudication of civil lawsuits and settlement of civil matters and only comply with law
- Prompt, equal and public trials by Courts
- Ensuring impartiality and objectiveness in civil procedures
- Following the two-level adjudication regime
- Assurance of the effect of Courts' judgments and decisions
- Assurance of oral argument in adjudication
What are trade disputes falling under the courts' jurisdiction in Vietnam?
For trade disputes under the Court's jurisdiction, pursuant to Article 30 of the 2015 Civil Procedure Code, the business and/or trade disputes falling under the courts' jurisdiction include:
- Disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits.
- Disputes over intellectual property rights or technology transfers among individuals or organizations, which are all for the purposes of profits.
- Disputes between persons who are not members of a company but involve in transaction in transfer of capital holding and the company and/or its members.
- Disputes between a company and its members; disputes between a limited liability company and its manager or between a joint-stock company and members of its Board of Directors, its Director or its General Director, or among members of a company regarding the establishment, operation, dissolution, merge, consolidation, total division, partial division, property transfer and/or organizational transformation of the company.
- Other civil disputes relating to business or trade activities, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.
What are the regulations on statute of limitations for initiating lawsuits in Vietnam?
Regarding the statute of limitations for initiating a commercial dispute, it is in Article 319 of the Law on Commercial 2005, The statute of limitations for lawsuits applicable to commercial disputes shall be two years from the moment when the legitimate rights and interests are infringed upon, except for cases after being complained against, traders providing logistic services are not notified of lawsuits against them being instituted at arbitrations or courts within nine months from the date of delivery of goods.
Thư Viện Pháp Luật