- Capital Withdrawal Lawsuit: Request to withdraw investment capital or stop implementing the agreement.
- Property and Income Disputes: Conflicts over the division of property and income.
- Business Management Transparency: Disputes related to business management and contract implementation.
1.1. Preparing a Lawsuit File
The disputing parties prepare a lawsuit file including:
- Petition: According to the form prescribed by law.
- Documents and Evidence: Proving the violated rights, including:
- Copy of business cooperation contract: Along with the terms related to the dispute.
- Financial documents: For example, invoices, payment documents, remittance receipts, financial reports.
- Documents proving the breach of contract: Letters, emails, meeting minutes, notices of breach.
- Other documents: Decisions of competent authorities (if any), supplementary and amended contracts (if any).
- Identity documents: Identity card or passport of the plaintiff.
- Other Documents: As required by the competent authority.
1.2. Filing of the Petition
- Address for Filing: At the competent court, can be submitted directly or via postal service.
- Determination of Jurisdiction: According to the 2015 Civil Procedure Code.
1.3. Processing of the Petition
- Processing Time: Within 03 working days from the date of receipt of the petition, the Chief Justice assigns a judge.
- Review of the Petition: The judge reviews and may request amendments to the file, accept the case, or transfer the petition to another competent court.
1.4. Accepting the Case
- Notice of Advance Payment of Court Fees: The judge notifies the plaintiff.
- Notice to Related Parties: Notify related parties and the prosecutor of the acceptance of the case.
- Objectivity: The Chief Justice assigns a judge to ensure objectivity.
2.1. Negotiation and Agreement
- Method: The parties sit together to resolve the dispute without the intervention of a third party.
- Advantages: Save time and costs, maintain cooperative relationships.
2.2. Mediation
- Third Party: Individual, intermediary organization, administrative agency or judicial agency.
- Legal Regulations: Specific mediation methods according to the requirements of the law in each case.
2.3. Commercial Arbitration
- Arbitration Agreement: According to the Law on Commercial Arbitration 2010.
- Conditions for Validity: The arbitration agreement must be valid; otherwise, the court will resolve it.
2.4. Court
- Court Jurisdiction: Determined by court level based on the content of the case.
- Procedure: Carry out the trial steps according to the provisions of the civil procedure law.
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- Capital Withdrawal Lawsuit: Request to withdraw investment capital or stop implementing the agreement.
- Property and Income Disputes: Conflicts over the division of property and income.
- Business Management Transparency: Disputes related to business management and contract implementation.
If you have any further questions about the process or need specific support, please contact us at A.D.V.N Law Office for detailed advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
