- 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.
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