There are many disputes arising in commercial business activities, and the parties can not resolve them through negotiation manner, the parties have the right to initiate a lawsuit at a competent court. Accordingly, plaintiff needs to prepare a petition dossier.
Pursuant to Article 189 of Civil Procedure Code 2015, a petition dossier includes:(i) petition; and (ii) supporting documents and evidences.
1. Petition
Pursuant to Clause 4, Article 189 of Civil Procedure Code 2015 on the contents of the petition, include:
- Date of petition;
- Name of the court receiving the petition;
- Name, residence address, workplace of plaintiffs (applicable to individuals) or head office of the plaintiff (applicable to 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;
- Name, residence address, workplace of defendants (applicable to individuals) or head office of the defendants (applicable to agencies/organizations); phone number, fax and e-mail address (if any). If the place of residence, workplace or head office of the defendants is indefinite, the last place of residence, workplace or head office of the defendants shall be specified;
- Name, residence address, workplace of persons with relevant interests, duties (applicable to individuals) or head office of the persons with relevant interests, duties (applicable to agencies and organizations); phone number, fax and e-mail address (if any). If their addresses are indefinite, the last residence address, workplace or head office of the persons with relevant interests, duties shall be specified;
- Names and addresses of witnesses (if any);
- List of supporting documents, evidences accompanied with the petition.
2. Documents and evidences enclosed with the petition
Enclosed with the petition, the plaintiffs need to prepare relevant documents and evidence. Depending on the complexity and nature of each case, the documents and evidences submitted will be different. However, the plaintiffs will have to prepare necessary documents and evidences including but not limited:
- Evidences and documents related to the legal entity of the plaintiffs: the latest Enterprise Registration Certificate; ID card/ Passport of the legal representative; ID card/Citizen Identity card/ Passport of the authorized representative and the authorization letter (if any).
- Evidences and documents related to the conclusion of contracts and transactions include contracts and agreements between the parties.
- Evidences and documents related to the implementation of contracts and transactions: purchase orders; minutes of delivery of goods/delivery minutes, payment request ...
- Evidences and documents related to the in development of disputes, corresponding email, letters….
- Other documments (if any)
Upon completing the preparation of the petition dossier, the plaintiffs will file it to the competent court.
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