How to correctly write the filing date in a complaint in Vietnam?

How to correctly write the filing date in a complaint in Vietnam?

According to Article 190 of the Civil Procedure Code in 2015, the following provisions apply to the submission of complaints to the court:

1. The plaintiff submits the complaint together with the documents and evidence that he/she currently has to the court that has jurisdiction to hear the case by the following methods:

a) Submit directly to the court;

b) Send to the court by mail service;

c) Submit online in electronic form through the court's website (if any).

2. The filing date is the date on which the party submits the complaint to the court or the date stamped on the seal of the postal service organization where it was sent.

In case the date, month, and year cannot be determined according to the postal seal where it was sent, the filing date is the date on which the party sent the complaint to the postal service organization. The party must prove the date on which he/she sent the complaint to the postal service organization; if the party cannot prove it, the filing date is the date on which the court receives the complaint from the postal service organization.

3. In case the plaintiff submits the complaint by the method of online submission, the filing date is the date of submission.

4. In case the case is transferred to another court under the provisions of Article 41 of this Code, the filing date is the date of submitting the complaint to the court that has accepted the case but not within its jurisdiction and is determined according to the provisions of Clause 2 and Clause 3 of this Article.

5. The Supreme People's Court provides guidance on the implementation of this Article.

According to the above regulations, when you submit the complaint directly to the court, the filing date is the date on which you submit the complaint to the court.

How to correctly write the filing date in a complaint in Vietnam? - Source: Internet

What are procedures for receiving and processing a complaint in Vietnam?

According to Article 191 of the Civil Procedure Code in 2015, the following procedures apply to the acceptance and processing of complaints:

1. The court's reception department must accept the complaint submitted by the plaintiff in person at the court or sent by mail service and must record it in the complaint register; in case the court receives the complaint submitted by the online submission method, the court must print it out on paper and must record it in the complaint register.

When receiving the complaint submitted in person, the court is responsible for immediately issuing a receipt of receipt for the plaintiff. For the case of receiving the complaint by mail service, within 02 working days from the date of receipt, the court must send a notification of receipt to the plaintiff. In case of receiving the complaint by the online submission method, the court must immediately notify the plaintiff of the receipt via the court's website (if any).

2. Within 03 working days from the date of receipt of the complaint, the Chief Justice of the Court assigns a judge to review the complaint.

3. Within 05 working days from the date of assignment, the judge must review the complaint and make one of the following decisions:

a) Request the plaintiff to amend or supplement the complaint;

b) Proceed with the procedure for accepting the case under the normal procedure or the summary procedure if the case meets the conditions to be resolved under the summary procedure prescribed in Clause 1 Article 317 of this Code;

c) Transfer the complaint to the competent court and notify the plaintiff if the case falls within the jurisdiction of another court;

d) Return the complaint to the plaintiff if the matter does not fall within the jurisdiction of the court.

4. The results of the judge's processing of the complaint prescribed in Clause 3 of this Article must be noted in the complaint register and notified to the plaintiff via the court's website (if any).

Therefore, the procedures for accepting and processing complaints will be carried out in accordance with the above regulations.

Best regards!