Some frequently asked questions include: which court to file a lawsuit at? How to protect their legitimate rights and interests? How to collect legally valid documentary evidence? And what legal norms need to be applied to resolve the case?
Civil contract disputes are conflicts and disagreements between parties related to the performance of rights and obligations in the contract. Currently, the number and complexity of these disputes tend to increase. This makes many customers, due to their lack of understanding of the law and procedural procedures, easily lose their way in solving problems.
To resolve civil disputes, the advice of a lawyer is necessary. With a high level of legal qualifications and practical experience, lawyers can represent clients, protecting their legal rights and interests. The role of lawyers is extremely important in the procedural stages, ensuring that procedural activities take place in accordance with the law and contributing to the protection of justice
Subjects have the right to request dispute settlement:
The parties to the contract have the right to initiate a lawsuit on their own or through their legal representatives at a competent Court to protect their legitimate rights and interests.
Jurisdiction to settle disputes:
According to Article 26 of the Civil Procedure Code 2015, disputes over transactions and civil contracts fall under the jurisdiction of the Court. Articles 35 and 37 and the law delineate the jurisdiction of district and provincial People's Courts, specifically as follows:
- District-level People's Courts shall settle disputes over civil contracts according to first-instance procedures.
- Provincial-level People's Courts have first-instance jurisdiction over disputes not falling under the jurisdiction of district-level courts, disputes involving involved parties or overseas assets, and cases that provincial-level courts themselves take up for settlement.
Statute of limitations for requesting dispute resolution:
The statute of limitations for initiating a civil lawsuit is calculated from the date the person who has the right to request to know or must know that the rights are infringed, unless otherwise prescribed. The statute of limitations for initiating a lawsuit over a contract dispute is 3 years.
Order and procedures for dispute settlement:
- Step 1: Prepare the lawsuit dossier, including: the lawsuit petition, personal or organizational identification papers of the plaintiff and the defendant, the contract and relevant evidentiary documents
- Step 2: Submit the lawsuit dossier at the Court by methods such as submitting in person, by post, or via the web portal.
- Step 3: Accept the case: The court considers and notifies the involved parties to pay the court fee advance.
- Step 4: Prepare for trial in 4 months from the date of acceptance of the case, which can be extended for up to 2 months.
- Step 5: Bring the case to first-instance trial, within 1 month from the date of the decision to bring the case to trial.
Cassation and reopening:
Cassation and reopening are special procedures for reviewing legally effective judgments and decisions when new circumstances arise or are protested against by competent persons.
With qualifications and experience in participating in many major cases, A Dong is committed to providing effective solutions, protecting legal rights and interests for clients in the field of civil litigation
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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