Complaints and documents and evidences
The judge will return the lawsuit petition in case the petitioner does not amend or supplement the lawsuit petition at the request of the judge specified in Clause 2, Article 193 of the CPC. Clause 5, Article 189 of the 2015 Civil Procedure Code stipulates that, together with the lawsuit petition, there must be documents and evidences proving that the lawful rights and interests of the plaintiff have been infringed.
Regarding the petition, must have the form prescribed in Clauses 1, 2, 3, Article 189 of the CPC 2015. Note that individual and organizational petitions will be different. Regarding the content of the petition, it must comply with Article 189 of the 2015 Civil Code, fully stating the prescribed contents.
Regarding documents and evidences to be submitted together with the lawsuit petition must be complete and legal. In which, fully suitable form and content of lawsuit petitions and petitions for lawsuits. In case it is not possible to collect enough, the petitioner must at least submit existing documents and evidences to prove that the lawful rights and interests have been infringed.
The matter has not been resolved by a court or a competent state agency by a legally effective judgment or decision or has been settled by a legally effective judgment or decision of the court but the The petitioner has the right to initiate a lawsuit again in accordance with the law
The plaintiff is only entitled to initiate a lawsuit against events has not been resolved by a court or a competent state agency by a legally enforceable judgment or decision. However, there are a few cases where the matter has been resolved by the Court with an effective judgment or decision, but according to the provisions of law, the plaintiff has the right to initiate a lawsuit again. Eg:
- Request for divorce, request to change the person directly raising the child after the divorce, change the level of support, the level of compensation for damage…; request to change the property or estate manager; change the guardian or claim property, rent or lend property… that the Court has not previously accepted the request and according to the provisions of law the involved parties are entitled to initiate a lawsuit again.
- If the Court issues a decision to terminate the settlement of the case according to the provisions of Clause 3, Article 192, Point c, Clause 1, Article 217 of the Civil Procedure Code, the involved parties still have the right to initiate a lawsuit again.
- In case a civil dispute involving a foreign element has been settled by a foreign court’s judgment or decision or a foreign arbitral award but is not recognized by a Vietnamese court, the petitioner still has the right to initiate a lawsuit. sued at the Vietnamese Court.
Claims to initiate lawsuits must fall under the jurisdiction of the court
According to Article 192 of the Civil Procedure Code 2015, the Court will return petition in cases where the case is not within the jurisdiction of the Court. At that time, according to the provisions of law, such disputes will fall under the jurisdiction of other agencies and organizations to settle. Disputes that can be requested by the Court to be resolved are listed in Articles 26, 28, 30, 32 of the 2015 Civil Procedure Code, i.e. disputes arising from civil legal relations, marriage and family, business, commerce and labor.
In addition, the Civil Procedure Code 2015 also stipulates that the Court may not refuse a request to settle a civil case because there is no applicable law. Thereby, contributing to expanding the Court’s jurisdiction to settle civil disputes, ensuring the right of legal relations subjects to access justice when there is a dispute.
Plaintiff or the plaintiff must have the right to initiate a lawsuit and have full civil procedure act capacity. This is stipulated in point a, clause 1, article 192 of the 2015 Civil Procedure Code.
First, the petitioner must be a person with lawful rights and interests in civil, marriage and family, business, commercial and labor matters. At the same time, the legitimate rights and interests of that person are infringed, they have the right to initiate a lawsuit to request the Court to protect their interests.
However, there are a few special cases, in order to protect the legitimate rights or interests of others or to protect the public interests or the interests of the state in the field they are in charge of, individuals, agencies, The organization also has the right to sue. For example: agencies and organizations within the ambit of their tasks and powers have the right to initiate civil lawsuits to request courts to protect public interests and the interests of the State in the fields they are in charge of. or as required by law.
Monday, the petitioner needs to have full civil procedure act capacity, in which it is necessary to base on the provisions of Article 69 of the Civil Procedure Code 2015 to determine the civil procedure act capacity of the individual. The petitioner is an agency or organization that exercises the right to initiate a lawsuit through a legal representative.
Pre-litigation proceedings is the fact that the petitioner has not fulfilled the conditions for initiating the lawsuit. Not having enough conditions to initiate a lawsuit is a case where the involved parties have an agreement or the law provides for the conditions to initiate a lawsuit. In the 2015 Civil Procedure Code, only the conditions for initiating lawsuits are prescribed by law, not mentioning the conditions for initiating lawsuits as agreed upon by the involved parties.
About the conditions for initiating lawsuits as prescribed by law, it is necessary to consider the provisions in the Civil Code, the Labor Code, the Law on Land, the Law on Marriage and Family, etc. In some cases, the law stipulates that disputes need to be resolved by agencies and organizations. before filing a lawsuit in Court. For example, land disputes; disputes over compensation for damage caused by state official duty performers; individual labor disputes, collective labor disputes over rights…