Is it possible to file a petition against a dissolved company in Vietnam? Is it permissible to request other persons to draw up petitions in Vietnam?

Is it possible to file a petition against a dissolved company in Vietnam?

Pursuant to Clause 2 Article 73 of the Civil Procedure Code in 2015 (amended by Clause 3 Article 217 of the Law on Enterprises in 2020), where the involved parties being agencies or organizations have to terminate their operations or to be dissolved, consolidated, merged, divided, separated or organizationally transformed while participating in the procedures, the inheritance of their procedural rights and obligations shall be determined as follows:

a) Where the organizations that have to terminate their operations or to be dissolved are joint-stock companies, limited liability companies or partnerships, the individuals and/or organizations being members of such organizations or their lawful representatives shall participate in the procedures;

b) Where the agencies, organizations that have to terminate their operations or to be dissolved are regulatory agencies, people's armed force units, political organizations, socio-political organizations, professional and socio-political organizations, social organizations, socio-professional organizations or wholly state-owned enterprises, the lawful representatives of the superior agencies of such agencies/organizations or the lawful representatives of the agencies/organizations which take over the former's rights and obligations shall participate in the procedures;

c) Where the organizations are consolidated, merged, divided, separated or organizationally transformed, the individuals or organizations that take over the former's rights and obligations shall participate in the procedures.

As regulations above, if the limited liability company is dissolved, the individuals being members of the comapny shall participate in the procedure. Therefore, you may file a petition against a dissolved company in Vietnam.

Is it possible to file a petition against a dissolved company in Vietnam? Is it permissible to request other persons to draw up petitions in Vietnam? - image from internet

Is it permissible to request other persons to draw up petitions in Vietnam?

Pursuant to Clause 2 Article 189 of the Civil Procedure Code in 2015 stipulating form and contents of a lawsuit petition 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.

As regulations above, it is permissible to request other persons to draw up petitions in Vietnam.

Best regards!