What main contents must a civil lawsuit petition contain in Vietnam?
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What main contents must a civil lawsuit petition contain?
Pursuant to Clause 4, Article 189 of the 2015 Civil Procedure Code, which stipulates form and contents of a lawsuit petition:
Form and contents of a lawsuit petition
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4. A lawsuit petition must include the following principal contents:
a) Date of its making;
b) Name of the Court receiving the lawsuit petition;
c) 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;
d) 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);
dd) 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;
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According to this Article, the lawsuit petition must have the following main 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).
- 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, and place of work of the defendant being an individual or the headquarters of the defendant being an agency or organization; phone number, fax and email address (if any).
- Name, place of residence, and place of work of the person with related rights and obligations, which is an individual, or the headquarters of the person with related rights and obligations, which is an agency or organization; phone number, fax and email address (if any).
- 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.
What main contents must a civil lawsuit petition contain in Vietnam? (Image from the Internet)
How many days must a judge consider a civil lawsuit petition in Vietnam?
Pursuant to the provisions of Clause 3, Article 191 of the 2015 Civil Procedure Code, amended by Clause 1, Article 78 of the Law on Protection of Consumer Rights 2023 (effective from July 1, 2024), regulations on procedures for receiving and processing lawsuit petitions as follows:
Procedures for receiving and processing lawsuit petitions
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3. Within 05 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:
a) To request for amendment and/or supplementation of lawsuit petitions;
b) To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures if the cases are eligible to be resolved according to the simplified procedures prescribed in clause 1 or clause 5 Article 317 of this Code;
c) To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;
d) To return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction.
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Thus, within 05 working days from the date of assignment in Vietnam, the Judge must review the petition and make a decision:
- Request for amendment and/or supplementation of lawsuit petitions;
- Carry out the acceptance procedures of the cases according to normal procedures or simplified procedures if the cases are eligible to be resolved according to the simplified procedures.
- Transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;
- Return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction.
If the litigator does not amend or supplement the petition that lacks content as prescribed in Vietnam, will the Judge continue to accept the case as the petition was filed?
Pursuant to Article 193 of the 2015 Civil Procedure Code, regulations on request for amendment and/or supplementation of lawsuit petitions are as follows:
Request for amendment and/or supplementation of lawsuit petitions
1. In cases where a lawsuit petition does not fully contain the details prescribed in Clause 4, Article 189 of this Code, the Court shall make written notification of such to the litigator for amendment and/or supplementation within a time limit set by the Judge, which, however, must not exceed 01 month; for special cases, the Judge may extend that time limit but for not more than 15 days. The written notification shall be sent directly, online or by post to the litigator and must be recorded to the petition register for supervision. Duration of amendment/supplement shall not be included in the statute of limitations of lawsuit initiation.
2. In cases where the litigators have amended and/or supplemented their lawsuit petitions strictly according to the provisions of Clause 4, Article 189 of this Code, the Courts shall continue processing the cases; if they fail to amend and/or supplement their lawsuit petitions as requested, the Judges shall return the petitions as well as materials and evidences to the litigators.
Thus, in case the petition does not have all the prescribed contents, the Judge shall notify the litigator in writing, clearly stating the issues that need to be amended and supplemented, so that they can amend and supplement within the time limit set by the petition in Vietnam. The judge sets it for no more than 01 month
In special cases, the Judge can extend the extension but not more than 15 days in Vietnam.
In case the litigator does not amend or supplement as requested, the Judge returns the petition and accompanying documents and evidence to the litigator in Vietnam.
The judge will only continue to accept the case when the litigator has amended and supplemented the petition in accordance with regulations in Vietnam.
Best regards!
