The Civil Lawsuit Filing and Case Acceptance Process in Vietnam

I. The Stage of Preparing the Lawsuit Petition Dossier – A Solid Initial Legal Foundation

This stage is considered decisive because a complete, coherent, and legally compliant lawsuit dossier serves as a solid basis for the Court to review and accept the case. Any errors or omissions at this stage can lead to the petition being returned or cause difficulties in the subsequent resolution of the case.

1. Comprehensive Collection, Screening, and Evaluation of the Evidence System:

- Proactive Obligation: First and foremost, the plaintiff has the responsibility to proactively and diligently collect all types of documents, exhibits, and information (collectively referred to as evidence) capable of proving that their claim is well-founded and lawful. This process requires meticulousness and a broad scope.

- In-depth Classification and Assessment: After gathering the evidence, it is necessary to classify it (e.g., contractual evidence, evidence of damages, personal identification evidence, etc.). More importantly, a thorough assessment of the legality (was the evidence obtained validly?), relevance (does the evidence directly or indirectly prove the matter in dispute?), and probative value (degree of persuasiveness) of each piece of evidence is crucial.

2. Drafting a Legally Standardized Lawsuit Petition (Statement of Claim) (Pursuant to Article 189, CPC 2015): The lawsuit petition is not just a document presenting claims but also the initial legal "face" of the lawsuit. Therefore, drafting the petition requires utmost care, ensuring all necessary content and formalities are met as prescribed.

- Entities with the right and obligation to prepare the petition:

+ For individuals with full civil procedural capacity: They have the right to prepare the petition themselves or authorize others (e.g., lawyers) to do it on their behalf. Regardless of who prepares it, the plaintiff's information section must clearly state their full name, permanent or temporary residential address, and the individual must personally sign or fingerprint the end of the petition for confirmation.

+ For minors, persons declared by a Court to have lost civil act capacity, or persons with difficulties in cognition and behavior control: Their legal representatives (parents, guardians, etc.) will prepare the petition, either themselves or by engaging someone else. The plaintiff's information in the petition will include the full name and address of the legal representative, and this representative will sign or fingerprint.

+ Special cases (illiterate individuals, visually impaired persons, or those unable to prepare, sign/fingerprint the petition due to health reasons): The law allows these individuals to have someone else prepare the petition for them. However, to ensure objectivity and legal validity, the presence of a third person with full civil procedural capacity as a witness is mandatory. This witness must sign to confirm on the petition.

+ For agencies or organizations initiating a lawsuit (e.g., businesses, state agencies): The legal representative by law or by authorization of the agency or organization (e.g., Director, General Director, Chairman) will prepare the petition in the name of the agency or organization. The petition must clearly state the name, head office address of the agency/organization, and the full name and position of the representative. The legal representative will sign and affix the seal of the agency or organization to the petition. Note that for enterprises, the use of seals must comply with the current Law on Enterprises.

+ Core contents mandatorily required in the lawsuit petition:

a. Date (day, month, year) of making the petition: Clearly state the specific time.

b. Name of the receiving Court: The competent Court must be accurately identified.

c. Detailed information of the plaintiff: If an individual, clearly state full name, place of residence (permanent or temporary), place of work (if any). If an agency or organization, state its full name as per registration, and head office address. Provide phone number, fax number, and email address (if any) for the Court's convenience in communication. If the parties have agreed on a specific contact address for the Court, this address should be clearly stated.

d. Detailed information of the person whose rights and interests are being protected (if the plaintiff is suing on behalf of another).

e. Detailed information of the defendant: Similar to the plaintiff, full name, place of residence/head office must be provided. If the current place of residence, work, or head office of the defendant cannot be clearly determined, the last known place of residence, work, or head office known to the plaintiff must be stated.

f. Detailed information of persons with related rights and obligations (if any): Similar to the defendant.

g. The core content of the lawsuit: Clearly and coherently present which of the plaintiff's lawful rights and interests have been infringed; the specific issues and specific reliefs that the plaintiff requests the Court to resolve concerning the defendant and persons with related rights and obligations (e.g., demanding debt repayment, demanding compensation for damages, demanding cessation of infringing acts, etc.).

h. Full name and address of witnesses (if any and the plaintiff deems it necessary to provide). i. A list of documents and evidence attached to the lawsuit petition: Clearly list, in order, the types of papers and evidence submitted with the petition.

3. Ensuring Full Submission of Documents and Evidence Accompanying the Lawsuit Petition:

- Mandatory requirement: The lawsuit petition must be supported by documents and evidence that substantiate the claims made in the petition as factual and legally grounded.

- Force majeure circumstances: If, for objective and legitimate reasons (e.g., documents are held by another agency and cannot be immediately collected), the plaintiff cannot submit all documents and evidence concurrently with the lawsuit petition, they must still submit currently available documents and evidence to preliminarily support their claim. Concurrently, the plaintiff has the obligation and right to supplement or submit additional documents and evidence as specifically requested by the Court throughout the subsequent case resolution process.

II. Proceeding to File the Lawsuit Petition with the Competent Court (As per Article 190, CPC 2015)

After meticulously completing the dossier preparation, the plaintiff will proceed to file the petition with the Court having jurisdiction.

1. Valid Methods of Petition Submission:

Current law facilitates public access by providing multiple submission methods, including:

a. Direct submission at the Court: The plaintiff or their representative brings the dossier to the Court's petition reception department.

b. Sending to the Court via postal services: This is a common method, ensuring a post office confirmation stamp.

c. Online submission in electronic form via the Court's E-portal (if that Court has implemented and has the technical capability): This method saves travel time and costs.

2. Principle for Determining the Filing Date – Its Significant Legal Meaning:

The filing date is a crucial legal milestone, particularly relevant for calculating the statute of limitations for initiating a lawsuit. Therefore, accurately determining this date is essential:

- In case of direct submission: The filing date is the day the plaintiff submits the petition at the Court and it is received by the Court.

- In case of sending via postal services: The filing date is the date indicated on the stamp of the postal service organization at the place of dispatch. If the date (day, month, year) cannot be determined from the postmark at the place of dispatch (e.g., the stamp is blurred or unclear), the filing date is the day the party actually dispatched the petition at the postal service organization, provided the party has proof of the dispatch date. If the party cannot prove it, the filing date will be the day the Court actually receives the petition transferred by the postal service organization.

- In case of online submission: The filing date is determined as the day the petition is successfully sent on the electronic system.

- In case the lawsuit is transferred from another Court due to incorrect jurisdiction: The filing date is still considered the date the original lawsuit petition was sent to the Court that initially accepted it but lacked jurisdiction, determined according to the principles mentioned above.

III. Procedure for Receiving and Processing the Lawsuit Petition at the Court (As per Article 191, CPC 2015)

When the lawsuit petition and accompanying dossier are received, the Court will undertake initial reception and processing procedures according to a strict protocol.

1. Lawsuit Petition Reception Process:

- The Court's specialized petition reception department is obliged to receive lawsuit petitions submitted directly, sent via postal services, or submitted online. All lawsuit petitions must be recorded in the Court's reception log. For lawsuit petitions sent online, the Court will print a hard copy and also record it in the reception log like other cases.

- Obligation to issue confirmation/notification:

• Upon receiving a directly submitted lawsuit petition, the Court is responsible for immediately issuing a Confirmation of Receipt to the plaintiff.
• For petitions received via postal services, within 02 working days from the date of receipt, the Court must send a Notice of Receipt to the plaintiff.
• For petitions received online, the Court must immediately notify the plaintiff of the receipt via the Court's E-portal (if available).

2. Assignment of a Judge to Study and Review the Lawsuit Petition:

Within 03 working days from the date the Court receives the lawsuit petition, the Chief Justice of the Court will assign a specific Judge to be responsible for reviewing the validity and completeness of the lawsuit petition and accompanying documents.

3. Decisions of the Judge After Completing the Petition Review (Within 05 working days from the date of assignment):

After thoroughly studying the lawsuit petition and dossier, the assigned Judge will issue one of the following decisions:

a. Request for amendment or supplementation of the lawsuit petition: If the lawsuit petition has deficiencies in content, form, or the accompanying documents are incomplete as per regulations, the Judge will issue a notice requesting the plaintiff to amend or supplement within a certain period.

b. Proceed with case acceptance procedures: If the petition and lawsuit dossier are complete, valid, and the case falls within the Court's jurisdiction, the Judge will decide to proceed with the next steps to accept the case. Acceptance may follow standard procedures or summary procedures (if the case meets the conditions for summary procedures under Clause 1, Article 317 of the CPC).

c. Transfer the lawsuit petition to the competent Court: If the Judge determines that the case does not fall under their Court's jurisdiction but under the jurisdiction of another Court, the lawsuit petition will be transferred to that competent Court. Concurrently, the Court must clearly inform the plaintiff about this transfer.

d. Return the lawsuit petition: The Judge will issue a decision to return the lawsuit petition to the plaintiff if the matter does not fall under the Court's jurisdiction or falls under other cases where the law requires the petition to be returned (e.g., conditions for initiating a lawsuit are not yet met, the plaintiff does not have the right to sue, etc.).

All results of the Judge's petition processing, regardless of which of the above decisions is made, must be carefully noted in the reception log and must be officially notified to the plaintiff (via the Court's E-portal, if available, or by written document).

IV. The Stage of Case Acceptance – A Crucial Turning Point (As per Article 195, CPC 2015)

Case acceptance is the moment the Court formally accepts the case to proceed with its resolution according to procedural order. This is a legal turning point, marking the beginning of the litigation process at the Court.

1. Notification Regarding Payment of Advance Court Fees: After receiving the lawsuit petition and accompanying documents and evidence, if the Judge deems the case to be within the Court's jurisdiction and the plaintiff is subject to paying advance court fees according to the law on court fees and charges, the Judge must immediately notify the plaintiff so they can come to the Court to complete the procedure for paying this amount.

2. Obligation to Pay Advance Court Fees:

• The Judge will, based on the nature of the case and the plaintiff's claims, estimate the amount of advance court fees payable, then clearly state this amount in a notice and deliver it to the plaintiff.
• Within 07 working days from the date of receiving the Court's notice regarding the payment of advance court fees, the plaintiff is obliged to complete the payment of advance court fees at the competent civil judgment enforcement agency and then must submit the receipt for payment of advance court fees back to the Court. Compliance with this deadline is very important.

3. Official Moment of Case Acceptance:

• After the plaintiff has fully submitted the receipt for payment of advance court fees to the Court (in cases where payment is obligatory), the Judge will formally accept the case. This moment of acceptance will be clearly recorded.

4. Special Cases: Exemption from or Non-Requirement of Paying Advance Court Fees:

• For cases where the plaintiff is legally stipulated to be exempt from paying advance court fees (e.g., employees suing for wages or allowances; persons claiming compensation for damage to life or health) or not required to pay advance court fees (e.g., state agencies suing for public interest or state interest), the Judge must accept the case immediately upon receiving a complete and valid lawsuit petition and accompanying documents and evidence, without waiting for the advance court fee payment procedure.

V. Concluding Remarks and Professional Recommendations

The process of initiating and accepting a civil lawsuit in Vietnam, as analyzed, comprises many strict legal steps and demands carefulness and a profound understanding of the law. Preparing a thorough, complete lawsuit dossier and adhering to the correct procedures not only saves time and effort but is also a prerequisite for the Court to review and resolve the matter fairly and objectively, thereby most effectively protecting your legitimate rights and interests.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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