How to Prepare and File a Lawsuit in Vietnam?

  1. Why consult with litigation lawyers in Vietnam for advice?

If two parties have a dispute over a commercial matter in Vietnam, they should try to resolve disputes through negotiation, or mediation before considering to file a lawsuit against the other at a court in Vietnam.  If the negotiation does not produce positive result, it is suggested to seek advice and representation from litigation lawyers in Vietnam for effective solutions.  Filing a lawsuit will take time and resources. Let the professional handle the matters so as you and your team could free your time and focus on your business.  

2. What to include in the petition to start litigation in Vietnam?

When it comes to the point of not being able to resolve the disputes through negotiation or mediation, parties have right to a fair trial.  One of the party has to start the litigation process.  Each of the party would need to have litigation lawyers in Vietnam to advice and represent for effective outcomes.

To implement their right to sue, the claimant must prepare and submit the claim at the competent court in Vietnam. The litigation lawyers in Vietnam with experience and understanding the litigation process should be invited at the early stage to advise, represent and prepare to defend the client.  

The claim filing should include the petition and the supporting documents.  The petition is the most important legal document for the court to review and resolve the claim of the plaintiff, as such it should be carefully prepared to meet the requirements of the form, authority, and further contain information about the plaintiff, defendant, summary of the case and the request of the plaintiff.

The contents of the petition must be presented in full, brief, clear, and in logic.  The claimant with the support of litigation lawyers in Vietnam should provide all documents, and evidence to prove the merit of the claim including contract, purchase order, separate terms and conditions, appendixes (if any), minutes of meetings of negotiations, invoices, delivery proof, legal status of claimant and defendant, documents to determine the legal status of the representative of the claimant such as appointment decision, power of attorney.  The defendant with the help of litigation lawyers in Vietnam should also prepare the same to respond and defend the client.

In order for the document issued in foreign country to be valid in Vietnam, the documents presented have to be original or notarized, legalized and authenticated copy and translated into Vietnamese in accordance with Vietnam laws.

3. How the court review the petition and acknowledge receipt?

When the claim has been filed at the competent court in Vietnam provided all conditions of acceptance are met, the court will notify the claimant or its representative know the court fees. When the claimant advances the court fee, the case will be recorded and brought into the process for settlement.

4. How the judge will be appointed and trial will be heard in Vietnam court?

At the trial preparation process, the case will be assigned to a judge whom after studying would request parties to present additional necessary papers and documents relating to the case.  Parties or their representative would then be requested to meet the judge to provide further information or testimony or attend reconciliation.  If the disputing parties could successfully resolve disputes with each other, the court will make a record to acknowledge the successful reconciliation and issue the decision to recognize the agreement of the parties. Where reconciliation fails, the court records that and shall issue the decision to bring the case to trial for hearing and judgement.

How litigation lawyers in Vietnam could help?

Disagreements or disputes arise when parties can not agree on issues related to contract provisions, expected outcome or performance standards…There are cases when the dispute is over a debt obligations matters which a debt recovery law firm could assist at an early stage to manage the collection process pre-litigations including negotiations and managing expectations of both sides. 

In many cases, involving a litigation lawyers in Vietnam would help resolve the dispute effectively when a strategies are mapped out and pursued. 

There could be many works could be done when disputes arise til the time to submit a petition.  The litigation lawyers in Vietnam could represent the claimant to advise from the collecting of evidence, preparing the evidence in the right order, assisting to make the evidence legitimate and could be used at the trial hearing.   

Further, the litigation lawyers could draft demand letters sending to the defendant to exchange legal opinions about the disputed matters, and officially make the demand to show the expectation of the claimant. 

The litigation lawyers in Vietnam also represent the claimant to meet with defendant to discuss and negotiation if that helps saving time and cost for the client. 

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/library/how-to-prepare-and-file-a-lawsuit-in-vietnam.html