07/10/2022 11:11

Notice: Circular on procedures for receiving lawsuit petitions and/or written requests at the Court takes effect from January 1, 2021 in Vietnam

 Notice: Circular on procedures for receiving lawsuit petitions and/or written requests at the Court takes effect from January 1, 2021 in Vietnam

On November 16, 2020, the Supreme People's Court of Vietnam promulgated Circular 03/2020/TT-TANDTC regulating detailed procedures for acceptance and handling of petitions to sue or written requests filed to courts and designation of conciliators

According to the Circular, from January 1, 2021, the procedures for receiving lawsuit petitions and/or written requests at the Court are stipulated as follows:

- Upon receipt of petitions to sue involving civil, marriage and family, business, commercial and labor disputes; written requests for recognition of consensual divorces; petitions to sue involving administrative cases, enclosing documents and evidences as prescribed in Article 190 of the Civil Proceedings Code and Article 119 of the Law on Administrative Legal Proceedings, the Court shall record them in the logbook and certify the receipt thereof according to the provisions of Clause 1, Article 191 of the Civil Proceedings Code, and Clause 1, Article 121 of the Law on Administrative Proceedings.

- Within 02 working days of receipt of petitions to sue or written requests as prescribed in clause 1 of this Article, receiving divisions must process them before reporting to the Chief Justice for further legal actions as follows:

+ Assign Judges to consider and handle petitions to sue or written requests according to the provisions of the Civil Proceedings Code and the Law on Administrative Proceedings if any civil matter or administrative complaint falls into the cases specified in 1, 2, 4, 5, 6 and 7, Article 19 of the Law on Conciliation and Dialogue at Court; Points a, b, c, dd and g, Clause 1, Article 192 of the Civil Proceedings Code; Points a, b, c, d, dd and e, Clause 1, Article 123, and Point g, Clause 1, Article 143 of the Law on Administrative Proceedings;

+ Carry out the procedures for notifying the petitioner or claimant of the right to choose conciliation, dialogue and mediators according to the provisions of Article 3 of this Circular if they do not fall into the cases specified at Point a, Clause 2 of this Article.

See more Circular 03/2020/TT-TANDTC which takes effect from January 1, 2021.

See more 11 Laws and Codes that will officially take effect from January 1, 2021: Click here

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Thu Linh
20


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