According to Clause 4, Article 30 of the Civil Procedure Code No. 92/2015/QH13 (the “Civil Procedure Code”), disputes between shareholders in joint-stock companies are business and commercial disputes under the jurisdiction of competent People’s Courts. When initiating a lawsuit, the petitioner should pay attention to the form and contents of the Petition as prescribed in Article 189 of the Civil Procedure Code as follows:
- In terms of form, it is necessary to note the provisions of Clause 2, Article 189 of the Civil Procedure Code in case the individual initiates a lawsuit and the provisions of Clause 3, Article 189 in case the petitioner is an agency or organization. In particular, according to Clause 5, Article 189 of the Civil Procedure Code, enclosed with the petition, documents and evidences proving the legitimate rights and interests of the petitioner must be infringed. In case, for objective reasons, the petitioner is unable to submit all documents and evidences attached to the petition, they must submit existing documents and evidences to prove that the legitimate rights interests the petitioner have been infringed. The petitioner shall supplement or hand over additional documents and other evidences at the request of the court during the settlement of the case.
- In terms of content, the petition should have the main contents as prescribed in Clause 4, Article 189 of the Civil Procedure Code as follows:
- The date, month and year of the petition;
- The name of the court receiving the petition;
- The name, place of residence or work of the petitioner who is an individual or the head office of the petitioner who is an agency or organization; phone numbers, faxes and email addresses (if any);
- In case the parties agree on the address for the court to contact, the address shall be clearly stated;
- The names, places of residence and work of persons with protected rights and interests are individuals or headquarters of persons whose protected rights and interests are agencies and organizations; phone numbers, faxes and e-mail addresses (if any);
- The names, places of residence or work of the accused are individuals or the headquarters of the accused as agencies or organizations; phone numbers, faxes and email addresses (if any). In case the place of residence, work or headquarters of the accused is unknown, the address of the place of residence, work or place of the accused’s final head office shall be specified;
- The names, places of residence and work of persons with related rights and obligations are individuals or headquarters of persons with related interests and obligations as agencies and organizations; phone numbers, faxes and email addresses (if any).
- In case the place of residence, work or headquarters of persons with related rights or obligations is unknown, the address of the place of residence, work or the place where the last head office of the person has related rights and obligations is specified;
- The legitimate rights and interests of the petitioner have been infringed; specific issues requesting the court to settle for the accused, persons with related rights and obligations;
- The witness’s full name, name and address (if any);
- List of documents and evidences attached to the petition.
Please refer to the form of Petition for Shareholder Disputes usually drafted by Lac Duy & Associates for clients as follows: VIEW DETAIL
The above is a form of petition in shareholder disputes in accordance with the new provisions of Vietnamese law in 2021. In case there are any questions or further advice is needed on issues related to shareholder disputes, you can contact Lac Duy & Associates for prompt support at:
- Phone: + 84 (28) 3622 1603
- Email: info@lacduy-associates.com or lacduy@lacduy-associates.com
Best regards.