Civil Petition

To: People’s Court …………………⁽²⁾

The person requesting to resolve the civil matter:⁽³⁾ ……………………………………………………………….

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

Phone number (if any): …………………………..; Fax (if any):……………………………………………..

Email (if any): …………………………………………………………………………………………………………………..

I (we) would like to present to the People’s Court ⁽⁵⁾ ………………………………………………………………
The problem is as follows:

– Issues requiring the Court to resolve:⁽⁶⁾ ……………………………………………………………………………..

………………………………………………………………………………………………………………………………………..

– Reasons, purposes and grounds for requesting the Court to resolve the above issues:⁽⁷⁾

………………………………………………………………………………………………………………………………………..

– Names and addresses of people involved in the issues requested to be resolved by the Court:⁽⁸⁾

………………………………………………………………………………………………………………………………………..

– Other information (if any):⁽⁹⁾……………………………………………………………………………………………..

Documents and evidence accompanying the request:⁽¹⁰⁾

1. …………………………………………………………………………………………………………………………………….
2. …………………………………………………………………………………………………………………………………….
3. ……………………………………………………………………………………………………………………………………..

I (we) commit that the statements in the application are true.

………, date…. month…. year……. (11) PETITIONER(12)

(1) Record the type of civil matter that the requester requests the Court to resolve according to the provisions of the Civil Procedure Code (for example: Request to declare a person missing; request to annul an illegal marriage; request Cancel the resolution of the General Meeting of Shareholders; request to declare the labor contract invalid;…).

(2) and (5) Write the name of the Court with jurisdiction to resolve the civil matter; If it is the People’s Court of a district, district, town, or provincial city, clearly state the name of the People’s Court of the district, district, town, provincial city, or centrally run city (for example: Court People of Thuong Tin district, Hanoi city); If it is the People’s Court of a province or centrally run city, write the People’s Court of that province (city) (for example: People’s Court of Ha Nam province).

(3) If the requester is an individual, clearly state his/her full name, date of birth and ID card number/citizen identification card/passport or other identification document; If it is an agency or organization, write the name of the agency or organization and the full name of the legal representative of that agency or organization. If you are a legal representative, after your full name, write “- is the legal representative of the person with the right to request” and clearly state the full name of the person with the right to request; if you are an authorized representative, then write “- is the authorized representative of the person with the right to request according to the authorization document established on ………” and clearly state the full name of the person with the right to request. In case there are many people making the request, number them 1, 2, 3,… and write down all information for each person.

(4) If the requester is an individual, write the full address of that person’s residence and workplace (if any) at the time of making the request (for example: Binh An village, Phu Cuong commune, My Duc district, Hanoi City); If it is an agency or organization, write down the address of the headquarters of that agency or organization at the time of making the request (for example: headquarters at 20 Ly Thuong Kiet Street, Hoan Kiem District, Hanoi City).

(6) Specify the contents that the requester requests the Court to resolve.

(7) Clearly state the reason, purpose, and basis for requesting the Court to resolve the civil matter.

(8) Clearly state the full names, addresses of residence, and place of work (if any) of the people the requester finds are involved in resolving that civil matter.

(9) Record other information that the requester considers necessary to resolve his or her request.

(10) Clearly state the names of documents and evidence attached to the request, whether they are copies or originals, in order 1, 2, 3,… (for example: 1. Copy of Mr. Nguyen Van A’s birth certificate; 2 . Copy of marriage registration certificate of Mr. Tran Van B and Ms. Pham Thi C;….).

(11) Record the location and time of making the request (for example: Hanoi, December 8, 2018; Hung Yen, February 18, 2019). (12) If the requester is an individual, there must be that person’s signature or fingerprint; If it is an agency or organization, the legal representative of that agency or organization must sign, clearly state his or her full name, position and affix the seal of that agency or organization. In case the requester is an enterprise, the use of the seal shall comply with the provisions of the Enterprise Law. In case there are many people making the same request, they must sign and write each person’s full name at the end of the request.

To: People’s Court ⁽²⁾……………………………………

Petitioner: ⁽³⁾…………………………………………………………………………..

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

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

Email: …………………………………………………. (if any)

The defendant: ⁽⁵⁾…………………………………………………………………….

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

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

Email: …………………………………………………. (if any)

People’s rights and interests are protected (if any)⁽⁷⁾………………………..

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

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

Email: …………………………………………………. (if any)

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

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

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

Email: …………………………………………………. (if any)

Request the Court to resolve the following issues:⁽¹¹⁾……………………….

…………………………………………………………………………………………….

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

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

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

Email: …………………………………………………. (if any)

1…………………………………………………………………………………………..

2…………………………………………………………………………………………..

(Other information that the plaintiff considers necessary for resolving the case) ⁽¹⁵⁾

(1) Write down the location where the lawsuit is filed (for example: Hanoi, date….. month….. year……).

(2) Enter the name of the Court with jurisdiction to resolve the case; If it is a district People’s Court, it is necessary to clearly state which district People’s Court belongs to which province or centrally run city (for example: People’s Court of district A in province B), if it is a People’s Court. At the provincial level, clearly state the People’s Court of the province (city) (for example, the People’s Court of Hung Yen province) and the address of that Court.

(3) If the plaintiff is an individual, write full name; In cases where the plaintiff is a minor, a person who has lost civil act capacity, a person with limited civil act capacity, or a person with difficulty in understanding behavioral control, write full name and address. of that individual’s legal representative; If the person suing is an agency or organization, write the name of the agency or organization and write the full name of the legal representative of the agency or organization suing.

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

(5), (7), (9) and (12) Record similarly to instructions in point (3).

(6), (8), (10) and (13) Record similarly to instructions in point (4).

(11) Specify each issue that requires the Court to resolve.

(14) Clearly state the names of the documents attached to the petition and which documents must be numbered (for example: documents attached to the petition include: a copy of the house purchase contract, a copy of the certificate of rights using land, …).

(15) Record the information that the plaintiff considers necessary for resolving the case (for example: The plaintiff informed the Court that when a dispute arose, one of the litigants went abroad for medical treatment…).

(16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner; In cases where the plaintiff is a minor, a person who has lost civil act capacity, a person with limited civil act capacity, or a person with difficulty in understanding behavior control, that legal representative must sign. point name; In case the plaintiff or legal representative is illiterate, cannot see, does not make the petition himself, does not sign or fingerprint himself, then a person with full civil procedure capacity will testify, signed the petition. If it is the agency organizing the lawsuit, the legal representative of the agency or organization initiating the lawsuit shall sign, clearly state his or her full name, position and affix the seal of that agency or organization. In case the organization initiating the lawsuit is an enterprise, the use of the seal shall comply with the provisions of the Enterprise Law. If the plaintiff is illiterate, a witness must sign the confirmation according to the provisions of Point c, Clause 2, Article 189 of the Civil Procedure Code.

3. Withdrawal of request resolving civil issue

To: People’s Court ……………………⁽²⁾

Person who withdraws the request:⁽³⁾ …………………………………………………………………………………..

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

Phone number (if any): ……………………………; Fax (if any):……………………………………………

Email (if any): …………………………………………………………………………………………………………………..

On …..month ….year ….., I (we) filed a request for the People’s Court to resolve a civil matter ⁽⁵⁾ …………………………………………………………………………………………………………………………………….

Now it’s because ⁽⁶⁾ …………………………………………………………………………………………………………..

Therefore, I (we) hereby withdraw all (part) (7) …………….the request dated …. month….. year………. , request the Court to consider and resolve according to the provisions of law.

………, date…. month…. year……. PERSON WITHDRAWS THE CLAIM (8)

(1) and (5) Record the type of civil matter that the person withdrawing the petition has requested the Court to resolve according to the provisions of the Civil Procedure Code (for example: “Request to declare a person missing”; “Request to cancel the resolution of the General Meeting of Shareholders”; “Request to declare the labor contract invalid”).

(2) If it is the People’s Court of a district, district, town, or provincial city, clearly state the name of the People’s Court of the district, district, town, provincial city, or centrally run city (for example : People’s Court of Thuong Tin district, Hanoi city); If it is the People’s Court of a province or centrally run city, write the People’s Court of that province (city) (for example: People’s Court of Ha Nam province).

(3) If the person withdrawing the request is an individual, clearly state the person’s full name, date of birth and ID card number/citizen identification card/passport or other identification documents; If it is an agency or organization, write the name of the agency or organization and the full name of the legal representative of that agency or organization. If you are a legal representative, after your full name, write “- is the legal representative of the person with the right to request” and clearly state the full name of the person with the right to request; If it is an authorized representative, write “- is the authorized representative of the person with the right to request according to the authorization document established on……..” and clearly state the full name of the person with the right to request . In case there are many people withdrawing the request, number them 1, 2, 3,… and write down all information for each person.

(4) If the person withdrawing the request is an individual, write the full address of that person’s place of residence and work (if any) at the time of withdrawing the request (for example: Binh An village, Phu Cuong commune). , My Duc district, Hanoi city); If it is an agency or organization, write the address of the headquarters of that agency or organization at the time of withdrawing the request (for example: headquarters at 20 Ly Thuong Kiet Street, Hoan Kiem District, Hanoi City).

(6) Specify the reason for withdrawing the request (for example: the person who was requested to be declared missing has returned, etc.).

(7) In case the person withdrawing the application requests to withdraw part of the request, clearly state the content of the request to withdraw the application.

(8) If the person withdrawing the request is an individual, there must be that person’s signature or fingerprint; If it is an agency or organization, the legal representative of the agency or organization must sign, clearly state full name, position and seal of that agency or organization. In case the person withdrawing the request is an enterprise, the use of the seal shall comply with the provisions of the Enterprise Law. In case there are many people withdrawing the request, they must sign and write each person’s full name at the end of the application.