How to prepare and initiate a Lawsuit in Danang, Vietnam

1) Determinating the Cour's Jurisdictional in Danang, Vietnam:

The first step in initiating a lawsuit in Danang, Vietnam, is to determine the Cour's jurisdiction in Vietnam. Under Vietnamese Law (Civil Procedure Code), the Provincial Courts will be the Court's first instance for disputes involving at least one foreign individual/entity, and the People's Court of Danang City will handle disputes with foreign elements.

2) The Petition in Vietnam

A lawsuit petition must include the following principal contents^[1]:

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 the person whose interests and duties are protected (applicable to individuals) or head office of the 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 a person with relevant interests and duties (applicable to individuals) or head office of a 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 evidence accompanied with lawsuit petitions.

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

3)The process for litigation in Vietnam

3.1) Submit the lawsuit petition

Parties can submit their lawsuit petitions and the related documents and/or evidence to Courts to settle their cases by the following modes:

a) Direct submission at courts;

b) Sending to Courts by post;

c) Sending through e-portal of Courts (if any)

3.2) Procedures for receiving and processing lawsuit petitions

Within 03 working days from the day on which the petitions are received, the Chief Justices of Courts shall assign one Judge to review the petitions.^[2]

Within 05 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:

a) To request for amendment and/or supplementation of lawsuit petitions;

b) To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures if the cases are satisfied for resolution according to simplified procedures as prescribed in clause 1 Article 317 of this Code;

c) To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;

d) To return the lawsuit petitions to the litigators if such cases do not fall under the Court's jurisdiction.

3.3) Accepting cases

1. After receiving lawsuit petitions and accompanying materials and/or evidence, if deeming that the cases fall within the Court's jurisdiction, the Judges shall immediately notify the litigators thereof so that they may come to Courts to carry out procedures to advance the Court fees in cases where they are liable thereto.

2. The Judges shall estimate the Court fee advance amounts, write them down on the notices, and hand them to the litigators for payment of Court fee advances. Within 07 days from the day on which the courts' notices on payment of Court fee advances are received, the litigators must pay such advances and submit the receipts for payment of Court fee advances.

3. The Judges shall accept the petitions when the litigators have submitted to the Courts the Court fee advance payment receipts.

4. In cases where the litigators are exempt from, or not required to pay, Court fee advances, the Judges must accept the petitions upon receiving the lawsuit petitions and accompanied materials and/or evidences.

3.4) Notice on acceptance of cases

Within 03 working days from the day on which the cases are accepted, the Judge must send written notices to plaintiffs, defendants, agencies, organizations, and individuals with rights and obligations related to the settlement of the cases, to the procuracies of the same level on the Courts' acceptances of the cases.

Regarding cases initiated by consumers, the Courts shall post publicly at the offices of the Courts information about the acceptance of the cases within 03 working days from the day on which the cases are accepted.

3.5) Notification of acceptance of cases, date for opening meetings or Court sessions

1. The Court shall send a notice of acceptance of the case to overseas involved parties, clearly stating the time and venue for holding the meeting for checking the handover of, access to, and disclosure of evidence and mediation (hereinafter referred to as the meeting), resumption of the meeting, and opening or resumption of the Court session.

2. The time limit for opening a Court session or a meeting for mediating shall be determined as follows^[3]:

a) A meeting for mediating shall be opened not earlier than 06 months and not later than 08 months after the issuance of a written notice of acceptance of the case. The date of resumption of a mediation meeting (if any) shall be fixed within 01 month after the date of opening such meeting;

b) A Court session shall be opened not earlier than 09 months and not later than 12 months after the issuance of a written notice of acceptance of the case. The date of resumption of a Court session (if any) shall be fixed within 01 month after the date of opening such Court session, except for cases specified in Clause 4 Article 477 of the Code of the Civil Procedure.

3. The Court shall send a notice of acceptance of the civil matter to overseas involved parties, clearly stating the time and venue for opening or resuming the meeting for settling a civil matter.

The meeting shall be opened not earlier than 06 months and not later than 08 months after the issuance of a written notice of acceptance of the civil matter. The date of resumption of a meeting for settling civil matters (if any) shall be fixed within 01 month after the date of opening the initial meeting.

The compulsory timeframe to prepare for a trial depends on the nature of the case. For a case, the trial relating to foreign elements must be opened within 09-12 months from the date on which the case is accepted by the Court, extendable for another month. However, in practice, more often than not, the preparation periods for the trial often last longer than the compulsory timeframes – typically from one to two years.

4) How DB Legal – Litigation Law Firm can help

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.

 

[1] The Article 189 of The Code of Civil Procedure;

[2] The Article 191 of The Code of Civil Procedure;

[3] The Article 476 of The Code of Civil Procedure;

 

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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