What is the newest form of civil lawsuit petition in Vietnam in 2024? What are the main contents of a civil lawsuit petition in Vietnam?

What is the newest form of civil lawsuit petition in Vietnam in 2024?

According to Form No. 23-DS, List of 93 forms in civil proceedings issued together with Resolution 01/2017/NQ-HDTP stipulates the civil lawsuit petition form as follows:

Download the newest form of civil lawsuit petition in Vietnam in 2024

What is the newest form of civil lawsuit petition in Vietnam in 2024? What are the main contents of a civil lawsuit petition in Vietnam?​ (Image from the Internet)

What are the main contents of a civil lawsuit petition in Vietnam?

According to clause 4 of Article 189 of the Civil Procedure Code 2015, the civil lawsuit petition must contain the following main contents:

- The date, month, and year of making the lawsuit petition

- Name of the court receiving the lawsuit petition

- Name, residence, workplace of the petitioner as an individual, or headquarters of the petitioner as an agency or organization; phone number, fax, and email address (if any)

In case the parties agree on an address for the court to contact, clearly state that address

- Name, residence, workplace of the person whose rights and interests are protected as an individual, or headquarters of the person whose rights and interests are protected as an agency or organization; phone number, fax, and email address (if any)

- Name, residence, workplace of the defendant as an individual, or headquarters of the defendant as an agency or organization; phone number, fax, and email address (if any)

In case the residence, workplace, or headquarters of the defendant is unknown, clearly state the last known address of the residence, workplace, or headquarters of the defendant

- Name, residence, workplace of the person with related rights and obligations as an individual, or headquarters of the person with related rights and obligations as an agency or organization; phone number, fax, and email address (if any)

In case the residence, workplace, or headquarters of the person with related rights and obligations is unknown, clearly state the last known address of the residence, workplace, or headquarters of the person with related rights and obligations

- The lawful rights and interests of the petitioner that have been infringed upon; specific issues requested to be resolved by the court regarding the defendant, persons with related rights and obligations

- Name, address of witnesses (if any)

- List of documents, evidence attached to the lawsuit petition

In what cases will the judge return the civil lawsuit petition in Vietnam?

According to Article 192 of the Civil Procedure Code 2015 on return of lawsuit petitions, consequences of the return of lawsuit petitions in Vietnam

Article 192. Return of lawsuit petitions, consequences of the return of lawsuit petitions

1. The judge returns the lawsuit petition in the following cases:

a) The petitioner has no right to initiate a lawsuit according to Articles 186 and 187 of this Code or lacks civil procedure capacity;

b) The necessary conditions for initiating a lawsuit according to the law have not been met.

If the conditions for initiating a lawsuit are prescribed by law but the petitioner filed a lawsuit to the court without meeting one of those conditions;

[...]

Thus, the judge returns the civil lawsuit petition in the following cases:

- The petitioner has no right to initiate a lawsuit, or lacks civil procedure capacity;

- The necessary conditions for initiating a lawsuit have not been met;

- The matter has been resolved by a judgment or a decision that has taken legal effect of the court or by a decision that has taken legal effect of a competent state agency, except for cases where the court denies the application, including:

+ Divorce requests;

+ Requests for custody changes, changes in alimony levels;

+ Requests for compensation for damages;

+ Requests for changes in property management, changes in estate management;

+ Requests for changes in guardianship;

+ Cases demanding property, rented property, borrowed property, house, land use rights for rent, loan, or residence that the court has not accepted and are allowed to re-initiate the lawsuit;

- The time limit for paying the temporary advance court fee has expired, and the petitioner has not submitted the receipt of the temporary advance court fee payment to the court, except in cases where the petitioner is exempted from or not required to pay the temporary advance court fee, or due to objective obstacles, force majeure;

- The case does not fall under the jurisdiction of the court;

- The petitioner does not amend or supplement the petition according to the judge's request;

- The petitioner withdraws the petition.

Note: In case the petitioner has fully and correctly recorded the address of residence of the defendant, persons with related rights and obligations, but they do not have a stable residence, frequently change without notifying the new address to the competent authority, causing the petitioner not to know it, with the aim of concealing the address and evading obligations, the judge does not return the petition.