1. What is a lawsuit?

A lawsuit is initiated when one party (plaintiff) files a document stating that the other party's activities (defendant) have influenced their legal rights and interests. A petition is a document that expresses a desire to urge that the court/arbitration carry out processes to demand justice for the individual whose rights and benefits have been violated.

2. When should you sue?

According to Article 186 of Code of Civil Procedure Vietnam 2015, agencies, organizations, and individuals have the right to initiate a lawsuit on their own or through a legal representative (hereinafter referred to as the litigator) in a competent court to request protection of legitimate rights and interests.

It is understandable that when this agencies, organizations, and individuals believe their rights and interests have been infringed, they have the legal right to sue. However, to be able to sue, the plaintiff must meet the following conditions:

Individuals must be competent in civil procedure law if they wish to file a lawsuit on their own. Furthermore, if an individual lacks the competence to sue under civil process law but wishes to preserve their legitimate rights and interests, they must do so through a legal representative to commence the proceedings. And as for agencies and organizations, if they wish to sue, they must have legal standing, and the case will be handled by the legal representative of the legal body.

In addition, in order a petition to be accepted by a competent authority, the litigator must provide sufficient evidence and documents to prove that the lawsuit has a legal basis entirely that the defendant violated the agreement, causing harm to the plaintiff's rights. Remember: the sooner you use your right to sue, the better your rights will be preserved.

3. Where should you file a lawsuit against a company in Quang Nam?

A number of notes when filing a lawsuit to the Court are as follows:

• Competent authority responsible for receiving petitions is the People's Court, depending on characteristics of the case, which level of Court will receive it:

• The province level court shall resolve the dispute involving foreign elements like the plaintiff is in abroad, the contract is signed abroad...
• The district level court shall resolve the non-foreign element cases..

• Method of filing a lawsuit:

• Submit petition directly to the Court;
• Send the petition to the Court by postal services;
• Submit petition online on Court’s Electronic Information Portal (if any)

• Date of initiation of lawsuits is the day on which the Courts receive the petitions submitted by involved parties or the date written on the seals of the post office where the petitions are sent from.

4. What contents do the petition against a company in Quang Nam  include?

When an agency, organization, or individual wishes to sue, they must file a petition individually or via a legal representation. However, not everyone is able to offer an accurate, clear, and full petition, which increases their chances of acceptance by the Court. A petition in general, and a petition against a company in Quang Nam in particular, must have the following fundamental elements:

• Date of its making;
• Name of the Court receiving the lawsuit petition;
• Name, place of residence, place of work of the plaintiff or head office of the plaintiff;
• Name, place of residence, place of work or head office of person who protect interests and duties of the plaintiff;
• Name, place of residence, place of work of the defendant or head office of the defendant;
• Name, place of residence, place of work of person with relevant interests and duties or head office of person with relevant interests and duties;
• Lawful interests and duties of the litigator that are infringed upon; specific matters of the defendant, person with relevant interests and duties that are applied for resolution by the Court;
• Names and addresses of witnesses (if any);
• List of documents and/or evidences accompanied with lawsuit petitions.

When filing a petition to sue a firm, the petitioner should proceed with caution because the defendant in this case is a legal entity. As a result, it is important to document all information about the agency or organization being sued, describe the purpose for the case, and offer enough evidence to show that the corporation is breaching the law or abusing the plaintiff's rights and interests.

It is important to note that the Vietnamese court will only hear the case in Vietnamese. As a result, all petitions and papers must be in Vietnamese or translated into Vietnamese and notarized. An interpreter may also be necessary in this situation.

5. Filing a lawsuit against a company in Quang Nam

The procedure to file a lawsuit against a company in Quang Nam follows these steps:

• Agencies, organizations, and individuals initiating a lawsuit must submit a lawsuit petition to the competent People's Court, which has jurisdiction to accept it under the law.
• Courts, via petition receiving divisions, must receive lawsuit petitions lodged by litigators directly or via post and must record them in the petition registers.
• Within 03 working days from the day on which the petitions are received, the Chief Justices of Courts shall assign one Judge to review the petitions;;
• Within 05 working days from the day on which they are assigned, the Judges shall review the petitions and make one of the following decisions:

• To request for amendment and/or supplementation of lawsuit petitions;
• To carry out the acceptance procedures of the cases according to normal procedures or simplified procedures, if the cases are satisfied for resolution according to simplified procedures;
• To transfer the lawsuit petitions to competent Courts and notify the litigators thereof if the cases fall under other courts' jurisdiction;
• To return the lawsuit petitions to the litigators if such cases do not fall under the court's jurisdiction.

A court fee advance will be paid to the Court and the plaintiff must pay this fee for the case to be accepted.

In some cases, the court will return the petition such as: The petitioners have no right to initiate a lawsuit; Conditions for initiating lawsuits prescribed by law are not fully satisfied; The matters have been resolved by effective judgments or decisions of Courts or legally binding decisions of competent State agencies; the litigators fail to submit the receipts of Court fee advances to the Courts; The cases do not fall under the courts' jurisdiction; The litigators fail to amend or supplement the petitions at the request of the Judges; or The litigators withdraw the petitions.

6. How can you find a qualified Litigation Lawyer in Quang Nam?

At Phong & Partners Law Firm, we provide Litigation Lawyer in Quang Nam who help you to file a lawsuit against a company in Quang Nam. We determine service quality and the satisfaction of client as our guiding principles. Phong & Partners Law Firm operates for the philosophy of "Honour justice - Respect goodwill" with enthusiasm, passion, sense of responsibility and always puts the word "HEART" in the profession first.

PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Da Nang City

1. Phong & Partners Law Firm in Hai Chau - Thanh Khe

Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.

Phone: 02363 822 678 - 0905 102 425

2. Phong & Partners Law Firm in Son Tra

Address: 01 Dong Giang, Son Tra district, Da Nang.

Phone: 0905 205 624

3. Phong & Partners Law Firm in Lien Chieu

Address: 21 Truong Van Da, Lien Chieu District, Da Nang.

Phone: 0961 283 093

4. Phong & Partners Law Firm in Ngu Hanh Son

Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.

Phone: 0905 579 269

5. Phong & Partners Law Firm in Cam Le - Hoa Vang

Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.

Phone: 0901 955 099

Email: phongpartnerslaw@gmail.com

Website: https://phong-partners.com

Phong & Partners Lawyer in Ho Chi Minh city

Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City.

Tel: 0905.503.678

Email: phongpartnerslaw.hcmc@gmail.com

7. FAQ related to Filing a lawsuit against a company in Quang Nam?

1. How long does it take to resolve a lawsuit in court?

Basically, resolving a case including foreign components will take longer than other usual instances. This is strongly connected to evidence verification, two-party relationship concerns, document service, and other material.

• The conciliation meeting must be opened no sooner than 06 months and no later than 08 months from the date of issuance of the written notice of acceptance of the case. The date for reopening the conciliation session (if any) is set no later than 01 month from the date of opening the conciliation session;
• The trial must be opened no later than 09 months and no later than 12 months from the date of issuance of the written notice of acceptance of the case. The date for reopening the trial (if any) is set no later than 01 month from the date of opening the trial.

2. How much is the lawsuit fee?

In the List of court fees and charges issued with Resolution 326/2016/UBTVQH14, the level of court fees and first instance court fee advances for civil cases without quotas are as follows:

Table of civil court fees with quotas:

3. Who will pay legal fee in lawsuit?

When the Court accepts the plaintiff's petition, the plaintiff is required to pay advance court fees based on the nature of the case, while the appellant is required to pay temporary appellate court fees under Vietnamese law.

The person who will bear the court fees will be determined by the outcome of the first instance or appeal trial as follow:

• Petitioners if the litigant's request is not accepted by the Court, except in cases where they are exempted or does not have to pay first instance court fees.

In cases where the involved parties cannot themselves determine their portions in the common properties and petition the Courts to settle the division of the common properties, each party must bear the first-instance Court fee corresponding to the value of the property portion she/he enjoys.

• Defendant if the Court decides to lose the lawsuit.

4. How much does it cost to sue in Quang Nam?

Beside the court fee, the plaintiff must pay for some other fee such as:

- Fee for asset/location inspection;

- Fee for sending the document abroad;

- Fee for noratizing the documents, paper works;

- Fee for interpreture;

- Fee for retaining a litigation lawyer (if any).

5. What should you do after the judgment?

The court processes conclude, and the judgment enforcement phase begins. According to the right of choice, the obligor may willingly execute the duty; at this time, the execution of the sentence is not imposed. If the obligor does not willingly comply, the judgment enforcement agency (with an appointed executor) will accept your case and carry out the required processes to request to execute the duties under the judgment.

An application must be submitted and a fee must be paid to the enforcement agency. You also may need lawyer at this phase, to coordinate with and urge the executor to conduct the case.

6. Can the lawsuit be withdrawn?

The plaintiff has the right to withdraw the petition at any stage of a lawsuit procedures.

However, in phase of if the plaintiffs withdraw their lawsuit petitions before the opening of, or in, appellate Court sessions, the appellate Trial Panels must ask the defendants whether they agree therewith or not and may settle on a case-by-case basis as follows:

• Disapproving the withdrawal of lawsuit petitions by the plaintiffs if the defendants disagree;
• Approving the withdrawal of lawsuit petitions by the plaintiffs if the defendants agree. The Appellate Trial Panels shall issue decisions to abrogate first-instance judgments and terminate the resolution of the cases. In this case, the involved parties are still required to pay the first-instance Court fees as decided by the first-instance Courts and half of the appellate Court fees as provided for by law.

If you need to understand about how to file a lawsuit against a companyin Quang Nam more clearly and specifically, you can email, phone or come directly to the office to be consulted by professional Lawyers at Phong & Partners Law Firm.

____________________________

PHONG & PARTNERS LAW FIRM

Phong & Partners Lawyer in Da Nang City

1. Phong & Partners Law Firm in Hai Chau - Thanh Khe

Address: 6th floor, Thanh Loi Building, 249 Nguyen Van Linh, Thanh Khe district, Da Nang.

Phone: 02363 822 678 - 0905 102 425

2. Phong & Partners Law Firm in Son Tra

Address: 01 Dong Giang, Son Tra district, Da Nang.

Phone: 0905 205 624

3. Phong & Partners Law Firm in Lien Chieu

Address: 21 Truong Van Da, Lien Chieu District, Da Nang.

Phone: 0961 283 093

4. Phong & Partners Law Firm in Ngu Hanh Son

Address: 03 Chu Cam Phong, Ngu Hanh Son District, Da Nang.

Phone: 0905 579 269

5. Phong & Partners Law Firm in Cam Le - Hoa Vang

Address: 346 Cach Mang Thang Tam, Cam Le District, Da Nang.

Phone: 0901 955 099

Phong & Partners Lawyer in Ho Chi Minh City

Add: Floor 9, K&M Building, 33 Ung Van Khiem, 25 Ward, Binh Thanh district, Ho Chi Minh City. 

Tel: 0905.503.678

Email: phongpartnerslaw@gmail.com

Website: https://phong-partners.com

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