The civil lawsuit process is complex and requires the plaintiff to comply with the legal procedures. Understanding the steps in filing a lawsuit not only helps protect one's rights but also ensures the trial process is fair and transparent. If any issues arise, the plaintiff should consult legal experts for necessary support.

Filing a civil lawsuit is a process by which an individual or organization requests the court to resolve a civil dispute based on legal regulations. It is an essential procedure to protect the legitimate rights and interests of the involved parties. This article will provide a detailed guide on the steps to file a civil lawsuit in Vietnam, including the preparation of documents, submission of the lawsuit petition, and stages during the trial process.

1. Preparation of the Lawsuit Documents

Before filing a lawsuit, the plaintiff needs to prepare a complete set of documents, including related materials and information regarding the case. Necessary documents include:

• Lawsuit Petition: This is the most crucial document, clearly stating the lawsuit's request, the case details, and the legal grounds on which the plaintiff relies to protect their rights. The lawsuit petition must be made according to the legally prescribed form.

• Attached Evidence: Documents and evidence that support the plaintiff's claim, such as contracts, agreements, financial records, or other relevant materials.

• Identification Documents: Copies of the plaintiff's identity card, citizen identification, or other legal documents.

• Power of Attorney (if any): If the plaintiff authorizes someone else to file the lawsuit, a valid power of attorney is required.

2. Filing the Lawsuit Petition

Once the documents are prepared, the plaintiff will submit the lawsuit petition to the competent court. Determining the court with jurisdiction to hear the case is an essential step to avoid the petition being returned or prolonging the resolution process.

• Court Jurisdiction: Court jurisdiction is determined by territorial scope and trial level. For example, ordinary civil disputes are resolved by the district people's court where the defendant resides or works. However, if the case is complex or involves foreign elements, the provincial court may have jurisdiction.

• Filing the Petition: The lawsuit petition and accompanying documents can be submitted directly to the court, sent by post, or electronically if the court supports this method.

3. Acceptance of the Lawsuit Petition

Upon receiving the lawsuit petition, the court will review and decide whether to accept or reject the petition. The time limit for reviewing acceptance is 5 working days from the receipt of the lawsuit petition and accompanying documents. If the petition is valid, the court will issue a notice of acceptance and request the plaintiff to pay the advance court fee.

• Payment of Advance Court Fee: The plaintiff must pay the advance court fee within 7 days from the date of receiving the court's notice. The advance court fee is the initial cost that the plaintiff must pay for the court to accept the case. The court fee amount depends on the dispute value and is stipulated in the Ordinance on Court Fees and Charges.

4. Pre-Trial Procedures

After the lawsuit petition is accepted, the court will conduct pre-trial procedures. These steps include:

• Notice of Acceptance: The court sends the acceptance notice to the relevant parties, including the defendant and those with rights and obligations related to the case.

• Mediation: During the pre-trial preparation, the court will conduct mediation for the parties to reach an amicable settlement. If the mediation is successful, the court will issue a settlement agreement decision. If the mediation fails, the case will proceed to trial.

• Evidence Collection: The court may request the parties to provide additional evidence or summon witnesses (if any). The parties may also request the court to collect evidence that they cannot obtain.

5. First Instance Trial

The first instance trial process is conducted at the competent court. Key steps in the first instance trial include:

• Opening the Court Session: The first instance trial is usually open to the public unless it needs to be confidential under legal regulations.

• Court Debate: The parties present their views, arguments, and evidence to protect their rights. The prosecutor (if any) will participate in the trial to supervise legal compliance.

• Judgment: After the trial, the court will issue the first instance judgment. This judgment is enforceable if there is no appeal or protest within 15 days from the date of the judgment.

6. Appeal and Protest

If the parties do not agree with the first instance judgment, they have the right to appeal to the higher court within 15 days. The procuracy at the same level or higher may also protest the first instance judgment if they find any legal violations.

• Appeal Procedure: The appellant must submit an appeal petition to the court that issued the first instance judgment or the appellate court. The appeal petition must state the reasons and the request for appeal.

• Appellate Trial: The appellate court will review the entire case or part of the appeal based on the appellant's request. The appellate judgment is the final and enforceable judgment.

7. Enforcement of Civil Judgments

After the judgment becomes effective, the parties must voluntarily execute the judgment. If the party obliged to execute the judgment does not voluntarily do so, the party entitled to enforcement may request the civil judgment enforcement agency's intervention.

• Enforcement Request: The entitled party must submit an enforcement request to the competent civil judgment enforcement agency. The request must clearly state the requesting party's information, the content of the enforcement request, and other necessary information.

• Enforcement Process: The civil judgment enforcement agency will take the necessary measures to enforce the judgment, such as property attachment, coercive enforcement if necessary.