Vietnam: Civil lawsuit petition and instruction of how to fill out the sample of civil lawsuit petition 2023

Vietnam: Civil lawsuit petition and instruction of how to fill out the sample of civil lawsuit petition 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Basic contents of a civil lawsuit petition in Vietnam

According to Clause 4, Article 189 of the Civil Procedure Code 2015, a lawsuit petition must include the following principal 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).

If the parties reach agreement on an address for the Court to contact, such address shall be specified;

- 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, 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;

- 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;

- 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.

2. Sample of Civil lawsuit petition in Vietnam

The current civil lawsuit petition form is form No. 23-DS specified in Resolution 01/2017/NQ-HDTP:

Sample of Civil lawsuit petition (Form No. 23-DS)

* Instruction of how to fill out the sample of Civil lawsuit petition (Form No. 23-DS)

(1) Enter the place of filing the petition (eg: Hanoi, date ..... month ..... ……).

(2) Enter the name of the Court competent to handle the case; if it is a district-level People's Court, it is necessary to specify which district People's Court belongs to which province or centrally-run city (for example, the People's Court of district A in province B),
if it is a provincial People's Court, specify which province (city) People's Court (for example, the People's Court of Hung Yen province) and the address of that Court.

(3) If the petitioner is an individual, write his/her full name; for cases where the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in perception and behavior control, write the full name and address of the legal representative of that individual;

If the petitioner is an agency or organization, write the name of the agency or organization and the full name of the lawful representative of that agency or organization.

(4) Enter the place of residence at the time of filing the petition. If the petitioner is an individual, the full address of the place of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H);

If the petitioner is an agency or organization, write the address of the head office of that agency or organization (for example: Hin Sen Co., Ltd. is headquartered: No. 20 LTK Street, HK District, City H). .

(5), (7), (9) and (12) Record the same as the instructions at point (3).

(6), (8), (10) and (13) Record the same as the instructions at point (4).

(11) Specify each issue to request the Court to settle.

(14) Specify the names of the documents attached to the petition, which are included and must be numbered (for example, the documents attached to the petition include: copy of the house purchase and sale contract, a copy of the land use right certificate, ...).

(15) Write down the information that the plaintiff considers necessary for the settlement of the case (for example: The plaintiff notifies the Court when a dispute occurs that one of the litigants has gone abroad for medical treatment.)

(16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner;

In case the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in perception and behavior control, the legal representative must sign the fingerprint;

In the event that the petitioner or legal representative is illiterate, blind, or otherwise unable to file a lawsuit on their own, he or she should not sign or point; instead, persons with full capacity under the Civil Procedure Act should testify and sign the petition for certification.

If it is the agency organizing the lawsuit, the lawful representative of the agency or organization that initiates the lawsuit shall sign, clearly state his/her full name and position, and affix the seal of that agency or organization.

If the organization that initiates the lawsuit is an enterprise, the use of its seal shall comply with the provisions of the Law on Enterprises. If the petitioner is illiterate, a witness must sign for certification according to the provisions of Point c, Clause 2, Article 189 of the Civil Procedure Code 2015.

Nguyen Nhu Mai

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