Luat Minh Khue

Legal consultancy on civil cases litigation at the Court


A lawsuit is the filing by an individual, an organization,... requesting the court to have the right to protect their legitimate rights and interests or of others. Minh Khue Law Firm provides consultancy services of lawyers to initiate lawsuits on civil, administrative, labor, commercial,...

Minh Khue Law Firm provides consultancy services to carry out civil cases litigation at the Court including the following specific activities:

Step 1: Determine the conditions for suing:
1. Determining the Court with jurisdiction to settle disputes:
The determination of the Court with jurisdiction is very important, in each case, the determination of authority according to the general provisions of the Civil Procedure Code 2015:
a) Determining whether the case falls into one of the categories specified in Articles 26, 27, 28, 29, 30, 31, 32, 33 and 34 of the Civil Procedure Code 2015;
b) Determining the case with the level of the Court competent to settle in accordance with provisions in Article 35, 36, 37, 38 of the Civil Procedure Code 2015.

2. Determining the periods of prescription for initiating lawsuits:

The determination of the time limit to initiate a lawsuit is very important, assessing whether the petitioner is still eligible to sue in accordance with the law. The determination of the periods of prescription for initiating a lawsuit shall be based on the time when the dispute arises to calculate the periods of prescription.

3. Determination of other conditions:

Some cases and civil cases must determine other conditions such as conditions for mediation at the local, the request has been resolved by a judgment or decision that has taken legal effect.
* For cases that are required by law to be required to mediate at the local, parties must carry out the mediation procedures at the local before requesting the Court to settle the dispute.
For example:
- For disputes over land use rights: disputes over land use rights under the provisions of Articles 202 and 203 of the Land Law 2013 must be reconciled at the People's Committees of communes, wards and townships where the dispute occurs;
* For a case that has been resolved by a judgment or a legally enforceable decision, there is no right to take action against the case again, except in the following cases:
+ / Request to change the support level, compensation level, change of adoption;
+ / The case requires rented, lent or requested property for lease, lend which the Court has not accepted the request due to insufficient conditions to initiate a lawsuit;
+ / Suspension of the case by the petitioner withdrawing the petition approved by the Court or the petitioner does not have the right to sue or in case the plaintiff has been properly summoned for the second time and still absent.

Step 2: Collect evidence and prepared documents to sue:

Collect evidence to determine conditions for initiating lawsuits as well as to prove the right to sue as well as to protect rights and interests in the process of participating in the proceedings.

Step 3: Prepare petition documents:

A petition file is a file that the plaintiffs submit to the Court when the case is filed. The petition file helps to bring the plaintiff's target information to the trial panel. The petition file contains important ideas through which the plaintiff wants to clarify his request.

Prepare petition documents in specific cases:

a / For family marriage cases

The petition documents need the following documents:

+ Marriage certificate;

+ Birth certificate of the child;

+ Papers certifying the common property of husband and wife or property under private ownership of each person;

+ Documents about common or separate debts of the couple (If any);

+ Other documents related ...;

b / For inheritance cases

The petition documents need the following documents:

+ Documents about the relationship between the petitioner and the person who leaves the property: Birth certificate, ID card, marriage certificate, household registration book, adoption certificate to identify the inheritance level;

+ Will (if any);

+ Certificate of death for the person who left the estate;

+ Statement of heritage;

+ Papers and documents proving the possession of the estate leaver and the legacy of the estate leaver;

+ Other papers: Minutes of settlement in the clan, the minutes of settlement at the People's Committee of the commune, ward or township (if any), the declaration of refusal to receive the estate (if any).

c / For disputes on land use rights

The documents need the following documents:

+ Certificate of land use rights, equivalent documents;

+ Papers on land use rights before October 15, 1993 issued by a competent state agency in the process of implementing land policies of the Democratic Republic of Vietnam and Provisional Revolutionary Government South Vietnam republic and State of the Socialist Republic of Vietnam.

+ Temporary land use right certificate granted by a competent state agency or with the name in that register, the cadastral book;

+ Lawful papers on inheritance and donation of land use rights or assets attached to land;

+ Papers on transfer of land use rights, purchase and sale of residential houses attached to residential land before October 15, 1993, now certified by the commune, ward and township People's Committees that they have used land before October 15, 2003;

+ Papers on liquidation and price of residential houses attached to residential land under the old regime, granted to land users;

+ Judgments or decisions of People's Courts and judgment execution decisions of judgment enforcement agencies; the decision of the state agency to resolve land disputes because the authority has been enforced;

+ Documents certifying by the competent authority: Decision to grant land. judgments and decisions of the Court ... (In case there is no certificate of land use right);

+ Minutes of settlement of functional agencies ...

+ Minutes of conciliation at communes and wards.

d / For cases of housing disputes:

The application should include the following documents:

+ Certificate of house ownership;

+ The papers certifying the ownership of the house (in case there is no certificate of house ownership);

+ Papers related to housing transactions with payment: Documents for lending, leasing, staying, buying or selling ... or documents of card documents currently having this relationship;

+ Papers and documents of competent state agencies on the settlement of houses under dispute (if any).

Step 4: Submit the lawsuit petition at the Court.

+ The file has been prepared to file a lawsuit at the Court in two ways that can file a petition at the Court or file a petition to the Court by mail.

+ Payment of court fee advances

Step 5: Perform necessary procedures after the Court issues a notice to accept the case

+ Mediation at the Court;

+ Write self declaration;

+ Participating in the trial when the decision to bring the case to trial.

Translated from: Tư vấn khởi kiện vụ án dân sự tại Toà án.

Clients wishing to use the service please contact us directly:

Add: Floor 2, Fafim building, 19 Nguyen Trai, Thanh Xuan district, Ha Noi city

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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