Guidance on procedures for acceptance of petitions to sue or written requests filed to Court in Vietnam

Nguyen Trinh

08:07, 12/12/2020

This is a notable content of the Circular No. 03/2020/TT-TANDTC of the Supreme People’s Court of Vietnam, regulating detailed procedures for acceptance and handling of petitions to sue or written requests filed to courts and designation of conciliators.

According to Article 2 of the Circular No. 03/2020/TT-TANDTC of the Supreme People’s Court of Vietnam, procedures for acceptance of petitions to sue or written requests filed to Court are guided as follows:

- Upon receipt of petitions to sue involving civil, marriage and family, business, commercial and labor disputes; written requests for recognition of consensual divorces; petitions to sue involving administrative cases, enclosing documents and evidences as prescribed in Article 190 of the Code of Civil Procedure of Vietnam and Article 119 of the Law on Administrative Procedures of Vietnam, the Court shall record them in the logbook and certify the receipt thereof according to the provisions of Clause 1, Article 191 of the Code of Civil Procedure, and Clause 1, Article 121 of the Law on Administrative Procedures of Vietnam.

- Within 02 working days of receipt of petitions to sue or written requests as prescribed in clause 1 of this Article, receiving divisions must process them before reporting to the Chief Justice for further legal actions as follows:

+ Assign Judges to consider and handle petitions to sue or written requests according to the provisions;

+ Carry out the procedures for notifying the petitioner or claimant of the right to choose conciliation, dialogue and mediators.

View more details at the Circular No. 03/2020/TT-TANDTC of the Supreme People’s Court of Vietnam, effective from January 01, 2021.

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