How to file a Civil Lawsuit in Vietnam

Civil disputes falling under the courts' jurisdiction in Vietnam:

1. Disputes over the Vietnamese nationality among individuals.

2. Disputes over property ownership and other rights over property.

3. Disputes over civil transactions, civil contracts.

4. Disputes over intellectual property rights, technology transfers, except for the cases prescribed in Clause 2, Article 30 of this Code.

5. Disputes over property inheritance.

6. Disputes over compensation for non-contractual damage.

7. Disputes over compensation due to the application of administrative preventive measures unconformable to law regulations on competition, excluding compensation claims that have been settled in administrative lawsuits.

8. Disputes over the development and utilization of water resources and the waste discharge to water as prescribed in the Law on water resources.

9. Disputes over land according to legislation on land; disputes over the right to forest ownership/enjoyment according to regulations in the Law on forest protection and development.

10. Disputes relating to the professional press operation under law on press.

11. Disputes relating to petitions for declaration of notarized documents to be invalid.

12. Disputes relating to properties forfeited to enforce judgments in accordance with the law on enforcement of civil judgments.

13. Disputes over property auction results and payment of expenses for registration to buy property through auction in accordance with the law on enforcement of civil judgment.

14. Other civil disputes, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

The involved parties' civil procedure law capacity and civil procedure act capacity

1. The civil procedure law capacity means the capability to have the law-prescribed rights and obligations in civil procedures. Every agencies, organizations and individuals shall have the same civil procedure law capacity in petitioning the Court to protect his/her/its legitimate rights and interests.

2. The civil procedure act capacity means the ability to exercise one's own rights and obligations by him/herself in civil procedures or authorize his/her representative to participate in civil procedures.

3. The involved parties being persons aged full 18 years or older shall have full civil procedure act capacity, except for legally incapacitated person or except otherwise provided for by law.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act capacity shall be determined according to the decision of the Court.

4. The involved parties being persons aged under 6 years or persons losing their civil act capacity shall not have the civil procedure act capacity. The exercise of the civil proceeding rights and/or obligations of such persons, the protection of the legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

5. For the involved parties being persons aged between full 6 and under 15 years, the protection of their civil proceeding rights and/or obligations and the protection of legitimate rights and interests of such persons at Courts shall be performed by their lawful representatives.

Regarding persons with limited capacity of exercise, people with limited cognition or behavior control, their civil procedure act rights and/or obligations and the protection of their legitimate rights and interests shall be determined according to the decision of the Court.

6. The involved parties being persons aged between full 15 years and under 18 years, who have worked under labor contracts or involved in civil transactions with their own properties shall have the right to participate in civil procedures themselves regarding matters related to such labor or civil relations. In such cases, the Court shall have the right to summon their lawful representatives to participate in the procedures. For other matters, the exercise of the civil proceeding rights and/or obligations of such persons at Courts shall be performed by their lawful representatives.

7. The involved parties being agencies, organizations shall participate in civil procedures through their lawful representatives.

Involved parties in civil cases

1. The involved parties in civil lawsuits are agencies, organizations and individuals, including the plaintiffs, the defendants and the persons with related interests and obligations.

The involved parties in civil matters are agencies, organizations and individuals, including the persons petitioning settlement of civil matters and persons with related interests and obligations.

2. The litigator in a civil lawsuit is the person that initiates lawsuit or the person for whom the other agencies, organizations and individuals prescribed by this Code initiates the lawsuit to request the Court to resolve the civil lawsuit when he/she holds that the legitimate rights and interests of that person have been infringed upon.

Agencies and organizations prescribed by this Code, which initiate civil lawsuits to request Courts to protect the public interests, the State's interests in the domains under their respective charges are also plaintiffs.

3. The defendant in a civil lawsuit is the person against whom the plaintiff initiates a lawsuit or the other agencies, organizations and individuals prescribed by this Code initiates a lawsuit to request the Court to resolve the civil lawsuit when they holds that the legitimate rights and interests of the plaintiff have been infringed upon by such person.

4. The persons with related interests and/or obligations in civil lawsuits are those who neither initiate lawsuits nor are sued, but the resolution of the civil lawsuits is related to their interests and/or obligations and, therefore they themselves, or other involved parties, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by courts.

 Where the resolution of a civil lawsuit is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

Scope of initiation of lawsuits in Vietnam

1. An agency, organization or individual may initiate a lawsuit against another or many other agencies, organizations and/or individuals regarding one legal relation or many interrelated legal relations for settlement in the same case.

2. Multiple agencies, organizations and/or individuals may initiate a lawsuit against another agency, organization or individual regarding one legal relation or many interrelated legal relations for settlement in the same case.

3. Any agency, organization or individual specified in Article 187 of this Code may initiate a lawsuit against another or many other agencies, organizations or individuals regarding one legal relation or many interrelated legal relations for settlement in the same case.

Form and contents of a lawsuit petition in Vietnam

1. Individuals, agencies and organizations initiating lawsuits must prepare their petitions.

2. Individuals shall draw up petitions 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.

3. If litigators are agencies or organizations, the lawful representatives of such agencies/organizations may draw up themselves or request other persons to draw up petitions. Names and residential addresses of such agencies/organizations and full names and positions of their lawful representatives shall be written at the blanks for names and address of litigators; at the end of the petitions, there shall be signatures and seals of the lawful representatives of such agencies/organizations. If the litigators are enterprises, the use of seals must comply with regulations in the Law on Enterprise.

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.

5. The petitions must be accompanied with materials and evidences proving that legal rights and interests of litigators are infringed upon. For cases where due to objective reasons, the litigators failed to provide adequately materials and evidences accompanied with the petitions, they must provide current materials and evidences to prove that legal rights and interests of the litigators are infringed upon. Litigators shall supplement materials and evidences at the request of the Courts during the case resolution.

Why should consult with litigation Lawyers in Vietnam for prepare the Lawsuit?

In Vietnam's intricate legal environment, where individuals and businesses frequently encounter complex disputes, litigation attorneys are crucial in finding suitable solutions. These legal professionals offer comprehensive assistance to foreign individuals and companies involved in litigation in Vietnam. Beyond their legal expertise, litigation attorneys in Vietnam serve as staunch advocates for justice, safeguarding the rights of foreign clients, providing expert legal guidance, and navigating them through the intricacies of Vietnam's legal system. Through their unwavering commitment and deep understanding of local dynamics, these attorneys support those seeking fairness and resolution in this dynamic nation.

 

This information contained herein is of a general nature and is intended to provide updates on the Laws for information purposes only. DB Legal shall not be liable for any use or application of the information for any business purpose.

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