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Luat Minh Khue

Advice on procedures to initial a law suit on economic - commercial business cases


The District People's Courts shall settle according to the first-instance procedures of the following economic and trade disputes if the defendant resides (the defendant is an individual) or the defendant has a headquarters (the defendant is an organization) in such district:

Mục lục bài viết

    I. Types of cases

    I.1. Authority of District People's Courts

    According to Article 35 of Civil Procedure Code 2015, People's Courts of districts shall have the jurisdiction to settle according to first-instance procedures the following disputes:

    a) Disputes over civil matters, marriage and family, prescribed in Articles 26 and 28 of this Code;

    b) Disputes over business/trade activities prescribed in clause 1 Article 30 of this Code;

    c) Labor disputes prescribed in Article 32 of this Code.

    >> Lawyers online legal advice via phone call: 1900.6162

    I.2. Authority of Province People's Courts

    According to Article 37 of Civil Procedure Code 2015, People's Court of provinces shall have the jurisdiction to settle according to the first instance procedures for the following disputes if the defendant resides (the defendant is an individual) or the defendant has a headquarters (the defendant is an organization) in such province:

    - Civil, marriage- and family-related, business, trade or labor disputes prescribed in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the district-level people's Courts as provided for in Clause 1 and Clause 4 Article 35 of this Code;

    - Civil, marriage-and family-related, business, trade or labor petitions prescribed in Articles 27, 29, 31 and 33 of this Code, except for petitions falling under the jurisdiction of the district-level people's Courts as prescribed in Clause 2 and Clause 4 Article 35 of this Code;

    - Disputes that relate to foreign factors

    - Disputes arising in business and commercial activities between individuals and organizations that have business registration with each other or one or all parties without business registration but whose purposes are for profit include:

    a) Purchase and sale of goods;

    b) Service provision;

    c) Distribution;

    d) Representatives and agents;

    d) Deposit;

    e) Rent, lease, hire purchase;

    g) Construction;

    h) Consulting, technical;

    i) Transport of goods and passengers by railways, roads and inland waterways;

    j) Transporting cargoes and passengers by air or sea routes;

    l) Purchase and sale of stocks, bonds and other valuable papers;

    m) Investment, finance and banking;

    n) Insurance;

    o) Exploration and exploitation.

    - Disputes over intellectual property rights, technology transfer between individuals, organizations together and have the purpose of profit.

    - Disputes between companies and members of the company, between members of the company together with regard to the establishment, operation, dissolution, merger, consolidation, division, separation and transformation of images organization of the company.

    II. Types of request

    The provincial People's Court shall receive a request for settlement according to the first-instance procedures of the following commercial business requirements if the defendant resides (the defendant is an individual) or the defendant has a headquarters (the defendant is an organization) in such province:

    1. Requests relating to Vietnamese commercial arbitration to settle disputes according to the law on commercial arbitration.

    2. Requests for recognition and enforcement in Vietnam of business and commercial judgments and decisions of foreign courts or failure to recognize business judgments and business decisions of foreign courts without enforcement requirements in Vietnam.

    3. Request to recognize and enforce foreign business decisions and commercial decisions of foreign arbitration in Vietnam.

    III. Selection of plaintiff

    Provincial People's Courts and District Courts receive applications for settlement according to first-instance procedures at the choice of the plaintiffs if they fall into one of the following cases:

    a) If the plaintiff does not know the place of residence, work or office of the defendant, the plaintiff may ask the Court where the defendant resides, works, has the last headquarters or where the defendant has the property settled;

    b) If the dispute arises from the operation of the branch of the organization, the plaintiff may ask the Court where the organization has its headquarters or where the organization has a branch to settle;

    c) If the defendant does not have a place of residence or work in Vietnam, the plaintiff may ask the Court where he / she resides or works;

    d) If the dispute on compensation for damage outside the contract, the plaintiff may ask the Court where he / she resides, works, has a place or place where the damage is caused and settled;

    d) If the dispute arises from the contractual relationship, the plaintiff may ask the Court where the contract is settled;

    h) If the defendants reside or work, are headquartered in different places, the plaintiff may ask the Court where one of the defendants resides, works or has a settlement office;

    i) If disputes over real estate where real estate is located in different locations, the plaintiff may ask the Court where there is one of the properties to resolve.

    Required documents:

    - Petition form (according to form)

    - Economic contracts or documents, transaction documents are as valuable as economic contracts.

    - Additional minutes, appendices, contract accessories (if any).

    - Documents on contract performance security such as pledge, mortgage and property (if any).

    - Documents on contract performance such as delivery, receipt, acceptance records, payment documents, contract liquidation minutes, working minutes on outstanding debts;

    - Document on the legal status of the petitioner, the litigants and other related persons such as: license, establishment decision, business registration certificate; operation charter, decision to appoint or appoint a business representative.

    - Other transaction documents (if necessary);

    - A list of documents attached to the petition (clearly stating the original number and copy).

    Note: If the above documents are in foreign language, they must be translated into Vietnamese by the agencies and organizations with translation functions, accompanied by the original.

    Court Fees

    1) Court fee for economic case includes first-instance fees and appellate fee.

    2) The rate of first instance court fee for economic cases without quotas is VND 3,000,000.

    3) The rate of first instance court fee for economic cases with quotas is stipulated as follows:

    Dispute value

    Court fee

    a) 60.000.000 VND or less

    3.000.000 VND

    b) From 60.000.000 VND to 400.000.000 đồng

    5% of dispute value

    c) From 400.000.000 VND to 800.000.000 VND

    20.000.000 VND + 4% of dispute value that exceeds 400.000.000 VND

    d) From 800.000.000 VND to 2.000.000.000 VND

    36.000.000 VND + 3% of dispute value that exceeds 800.000.000 VND

    đ) From 2.000.000.000 VND to 4.000.000.000 VND

    72.000.000 VND + 2% of dispute value that exceeds 2.000.000.000 VND

    e) From 4.000.000.000 VND to above

    112.000.000 VND + 0,1% of dispute value that exceeds 4.000.000.000 VND.

    Pay first-instance fee in advance

    Plaintiffs and defendants have requested counterclaims against plaintiffs, related persons, related obligations that have independence request in economic cases have to make advance payment of first-instance court fees according to court notices.

    The person who submits an application for a court settlement of commercial business under the provisions of Section II above must pay an advance of the settlement fee according to the court's notice.

    Translated from: Tư vấn thủ tục khởi kiện vụ án kinh tế - kinh doanh thương mại

    Clients wishing to use the service please contact us directly:

    Add: Room 2007, 20th Floor, C2 Building, Vincom Tran Duy Hung, Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi.

    Phone to request for legal consultancy service, call: 0986.386.648 (Lawyer, Mrs. Dzung)

    Online legal consultancy office and appointment for a consultation at the office: 1900.6162

    Send request for advice letter or service via Email: lienhe@luatminhkhue.vn

    Look forward to cooperation with clients!

    Best regards./.

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