Land Disputes Petition Form In Vietnam

Lac Duy & Associates provide readers the latest land dispute petition form in Vietnam, issued together with Resolution No. 01/2017/NQ-HDTP dated January 13, 2017 of the Judicial Council of the Supreme People’s Court effective from February 24, 2017, specifically as follows:

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

…… ⁽¹⁾, date… month …… year…….

PETITION

To: The People’s Court of ⁽²⁾……………………………………

Plaintiff: ⁽³⁾…………………………………………………………………………………………………………………..

Address: ⁽⁴⁾ …………………………………………………………………………………………………………………..

Phone number: ………………… (If any); fax number: …………………. (If any)

Email address: …………………………………………………. (If any)

Defendant: ⁽⁵⁾……………………………………………………………………………………………………………….

Address: ⁽⁶⁾ …………………………………………………………………………………………………………………..

Phone number: ………………… (If any); fax number: …………………. (If any)

Email address: …………………………………………………. (If any)

Persons with protected rights and interests (if any) ⁽⁷⁾…………………………………………………..

Address: ⁽⁸⁾……………………………………………………………………………………………………………………

Phone number: ………………… (If any); fax number: …………………. (If any)

Email address: …………………………………………………. (If any)

Persons with related rights and obligations (if any) ⁽⁹⁾…………………………………………………..

Address: ⁽¹⁰⁾ ………………………………………………………………………………………………………………….

Phone number: ………………… (If any); fax number: …………………. (If any)

Email address: …………………………………………………. (If any)

Request the Court to settle the following issues: ⁽¹¹⁾………………………………………………………

……………………………………………………………………………………………………………………………………

Witnesses (if any)⁽¹²⁾…………………………………………………………………………………………………….

Address: ⁽¹³⁾ …………………………………………………………………………………………………………………

Phone number: ………………… (If any); fax number: …………………. (If any)

Email address: …………………………………………………. (If any)

The list of documents and evidence attached to the lawsuit petition includes: ⁽¹⁴⁾………………….

1………………………………………………………………………………………………………………………………….

2………………………………………………………………………………………………………………………………….

(Other information that the petitioner considers necessary for the settlement of the case) ⁽¹⁵⁾ …

Plaintiff ⁽¹⁶⁾

 

Instructions for using form No. 23-DS:

(1) Enter the location where the petition is filed (for example: Hanoi, date ….. month …..).

(2) Enter the name of the Court competent to handle the case; if it is a district-level People’s Court, it is necessary to specify which district People’s Court belongs to which province or centrally-run city (for example, the People’s Court of district A in province B), if it is the People’s Court At the provincial level, specify which province (city) People’s Court (for example, the People’s Court of Hung Yen province) and the address of that Court.

(3) If the petitioner is an individual, write his/her full name; for the case where the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulties in cognition and behaviour control, write his/her full name and address of the legal representative of that individual; if the petitioner is an agency or organization, write the name of the agency or organization and the full name of the lawful representative of that agency or organization.

(4) Enter the place of residence at the time of filing the petition. If the petitioner is an individual, the full address of the place of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); if the petitioner is an agency or organization, write the address of the head office of that agency or organization (for example, Hin Sen Co., Ltd. has its head office: No. 20 LTK Street, HK District, City H).

(5), (7), (9) and (12) Record the same as the instructions at point (3).

(6), (8), (10) and (13) Record the same as the instructions at point (4).

(11) Specify each issue to request the Court to settle.

(14) Specify the names of documents attached to the lawsuit petition including which documents and must be numbered (for example, documents attached to the petition include: copy of house sale and purchase contract, paper copy certificates of land use rights, etc.).

(15) Write down the information that the plaintiff considers necessary for the settlement of the case (for example: The plaintiff notifies the Court when a dispute occurs that one of the litigants has gone abroad for medical treatment. …). (16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner; In case the petitioner is a minor, a person who has lost his/her civil act capacity, a person with limited civil act capacity, or a person with difficulty in perception and behaviour control, such legal representative must sign point name only; In case the petitioner or legal representative is illiterate, unable to see, unable to file a lawsuit by himself, or without personally signing or fingerprinting, a person with full civil procedure act capacity shall testify, sign the petition for certification. If it is the agency organizing the lawsuit, the lawful representative of the agency or organization that initiates the lawsuit shall sign, clearly state his/her full name and position and affix the seal of that agency or organization. If the organization that initiates the lawsuit is an enterprise, the use of its seal shall comply with the provisions of the Law on Enterprises. If the petitioner is illiterate, he/she must have a witness sign for certification according to the provisions of Point c, Clause 2, Article 189 of the Civil Procedure Code.