What is the time limit for amending and supplementing civil lawsuit petitions in Vietnam?

What is the time limit for amending and supplementing civil lawsuit petitions in Vietnam?

Pursuant to Article 193 of the Civil Procedure Code 2015, there are provisions on requesting amendments and supplements to lawsuit petitions as follows:

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, the time limit for amending and supplementing the lawsuit petition shall be set by the judge but shall not exceed 1 month and may be extended up to 15 days in Vietnam.

What is the content of the lawsuit petition in Vietnam?

Pursuant to Clause 4, Article 189 of this Code, a lawsuit petition must contain the following principal details:

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;

e) Name, place of residence, place of work of person with relevant interests and duties (applicable to individuals) or head office of person with relevant interests and duties (applicable to agencies and organizations); phone number, fax and e-mail address (if any).

If the place of residence, place of work or head office of the person with relevant interests and duties is indefinite, the last place of residence, place of work or head office of the defendant shall be specified;

g) 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;

h) Names and addresses of witnesses (if any);

i) List of documents and/or evidences accompanied with lawsuit petitions.

Best Regards!